24 CFR 248.153 - Incentives to extend low income use.
(a)Agreements by the Commissioner. After approving a plan of action filed pursuant to § 248.145, from an owner of eligible low income housing that includes the owner's plan to extend the low income affordability restrictions of the project, the Commissioner shall, subject to the availability of appropriations for such purpose, enter into such agreements as are necessary to enable the owner to -
(2) Pay debt service on the federally-assisted mortgage(s) covering the project;
(3) Pay debt service on any loan for rehabilitation of the project;
(4) Meet project operating expenses; and
(5) Establish adequate reserves.
(b)Permissible incentives. Such agreements may include one or more of the following incentives, as determined necessary by the Commissioner:
(2) An increase in the rents permitted under an existing project-based section 8 contract;
(3) Additional project-based section 8 assistance or an extension of any project-based assistance attached to the housing;
(4) An increase in the rents on non-section 8 units occupied by current tenants up to the maximum allowable rents;
(5) Financing of capital improvements under part 219 of this chapter;
(7) Redirection of the Interest Reduction Payment subsidies to a second mortgage for projects which are insured, assisted, or held by the Commissioner or a State or State agency under part 236 of this chapter;
(8) Access by the owner to a portion of the preservation equity in the project through provision of insurance for an acquisition or equity loan insured under part 241, subpart E of this chapter or through a non-insured mortgage loan approved by the Commissioner and the mortgagee;
(10) Other incentives authorized in law.
(c)Limitation on the provision of permissible incentives.
(1) The total amount of incentives provided to a project under paragraphs (b)(2), (3), and (4) of this section shall not result in a projected rental income stream which exceeds the Federal cost limit.
(2) The debt service on the loan obtained by the owner under paragraph (b)(8) of this section, when added to the allowable distributions under paragraph (b)(9) of this section, shall not exceed the annual authorized return.
(d)Rent phase-in period. To the extent necessary to ensure that owners receive the annual authorized return during the tenant rent phase-in period established in § 248.145(a)(6), the Commissioner shall permit owners to receive the following additional incentives:
(1) Access to residual receipts accounts;
(2) Deferred remittance of excess rent payments; and
(3) Increases in rents, as permitted under an existing Section 8 contract.
(e)Interest reduction subsidies. Where Interest Reduction Payment subsidies are sought to be redirected, pursuant to paragraph (b)(7) of this section, the lender may not unreasonably withhold its consent to such redirection.
(f)Recalculation of section 236 basic rent and market rent. With respect to any project with a mortgage insured or otherwise assisted pursuant to part 236 of this chapter, the basic rent and market rent, as defined in § 236.2 of this chapter, for each unit in such project may be increased to take into account the allowable distributions permitted under this section and the debt service on any equity loan, rehabilitation loan or acquisition loan approved under a plan of action under subpart B of this part.
Title 24 published on 2015-08-22
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 24 CFR Part 248 after this date.
- 24 CFR 248.157 — Voluntary Sale of Housing Not in Excess of Federal Cost Limit.
- 24 CFR 248.315 — Preservation Agreements.
- 24 CFR 248.121 — Annual Authorized Return and Aggregate Preservation Rents.
- 24 CFR 248.131 — Information From the Commissioner.
- 24 CFR 248.111 — Appraisal and Preservation Value of Eligible Low Income Housing.
- 24 CFR 248.311 — Notice of Intent.
- 24 CFR 248.127 — Limitations on Action Pursuant to Federal Cost Limit.
- 24 CFR 248.169 — Permissible Prepayment or Voluntary Termination and Modification of Commitments.
- 24 CFR 248.105 — Notice of Intent.
- 24 CFR 248.145 — Criteria for Approval of a Plan of Action Involving Incentives.
- 24 CFR 248.135 — Plans of Action.