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Notice

Notice of Funding Availability (NOFA) for Loan Guarantees Under Section 538 Guaranteed Rural Rental Housing Program (GRRHP) for Fiscal Year 2010

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Information about this document as published in the Federal Register.

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Start Preamble

AGENCY:

Rural Housing Service, USDA.

ACTION:

NOFA.

SUMMARY:

This is a request for proposals for loan guarantees under the section 538 Guaranteed Rural Rental Housing Program (GRRHP) pursuant to 7 CFR 3565.4 for Fiscal Year (FY) 2010. FY 2010 funding for the section 538 program is $129,130,434.78. Applicants will submit proposals in the form of “responses.” Responses to this NOFA will be accepted until December 31, 2010, 12 p.m. Eastern Time. The commitment of program dollars will be made to applicants of selected responses that have fulfilled the necessary requirements for obligation. Expenses incurred in developing applications will be at the applicant's risk. The following paragraphs outline the timeframes, eligibility requirements, lender responsibilities, and the overall response and application processes.

The GRRHP operates under 7 CFR part 3565. The GRRHP Origination and Servicing Handbook (HB-1-3565) is available to provide lenders and the general public with guidance on program administration. HB-1-3565, which contains a copy of 7 CFR part 3565 in Appendix 1, can be found at: http://www.rurdev.usda.gov/​regs/​hblist.html#hbw6.

Eligible lenders are invited to submit responses for the new construction and the acquisition with rehabilitation of affordable rural rental housing.

Also eligible for guarantees is the revitalization, repair, and transfer (as stipulated in 7 CFR 3560.406) of existing direct section 515 housing (transfer costs are subject to Agency approval and must be an eligible use of loan proceeds as listed in 7 CFR 3565.205), and properties involved in the Agency's multi-family preservation and revitalization (MPR) program. Equity payments, as stipulated in 7 CFR 3560.406, in connection with the transfer of existing direct section 515 housing, are an eligible use of guaranteed loan proceeds. In order to be considered, for a transfer, the direct section 515 housing and MPR projects must need repairs and undergo revitalization of a minimum of $6,500 per unit.

The Agency will review responses submitted by eligible lenders, on the lender's letterhead, and signed by both the prospective borrower and lender. Although a complete application is not required in response to this NOFA, eligible lenders may submit a complete application concurrently with the response. Submitting a complete application will not have any effect on the respondent's NOFA response score.

DATES:

Eligible responses to this NOFA will be accepted per this guidance until December 31, 2010, 12 p.m. Eastern Time.

Selected responses that develop into complete applications and meet all Federal environmental requirements will receive commitments until all funds are expended. A notice will be placed in the Federal Register if all FY 2010 funds are committed prior to September 30, 2010. Responses to this NOFA that are received after September 30, 2010, and deemed eligible for further processing will be funded to the extent an appropriation act provides funding for GRRHP for FY 2011.

The Agency will select the responses that meet eligibility criteria and invite lenders to submit complete applications to the Agency. Those responses that are selected that subsequently submit complete applications that meet all program requirements and are received prior to or on April 1, 2010, but score less than 25 points, or score 25 points or more, but have a development cost ratio equal to or greater than 70 percent, may be selected for obligation after April 1, 2010, with the highest scoring responses receiving priority subject to availability of funds. After April 1, 2010, responses that develop into complete applications that meet all program requirements will be selected for further processing regardless of score, subject to the availability of funding.

The USDA Rural Development will prioritize the obligation requests received after April 1, 2010, using the highest score and the procedures outlined as follows. Once a complete application is received and approved, the Agency will obligate funds. Obligation requests submitted will be accumulated, but not obligated throughout the week until midnight Eastern Time every Thursday. To the extent that funds remain available, the Agency will obligate the requests accumulated through the weekly request deadline of the previous week by the following Tuesday (i.e., requests received from Friday, May 14, 2010, to Thursday, May 20, 2010, will be obligated by Tuesday, May 25, 2010). However, requests received prior to April 1, 2010, that are not eligible for obligation until after April 1, 2010, will be obligated no earlier than Tuesday, April 6, 2010. Funds will be obligated in scoring order, with the highest scoring requests being obligated first, until all funds are exhausted. In the event of a tie, priority will be given to the request for the project that: 1st—has the highest percentage of leveraging (lowest Loan to Cost) and in the event there is still a tie;—is in the smaller rural community.

Eligible lenders mailing a response or application must provide sufficient time to permit delivery to the submission address on or before the closing deadline date and time. Acceptance by a U.S. Post Office or private mailer does not constitute delivery. Postage due responses and applications will not be accepted.

Submission Address: Eligible lenders will send responses to the contact person in the State Office where the project will be located.

USDA Rural Development State Offices, their addresses, telephone numbers, and person to contact follows: [this information may also be found at http://www.rurdev.usda.gov/​recd_​map.html]

Note:

Telephone numbers listed are not toll-free.

Alabama State Office, 4121 Carmichael Road, Suite 601, Sterling Centre, Montgomery, AL 36106-3683, (334) 279-3440, TDD (334) 279-3495, Anne Chavers.

Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645, (907) 761-7740, TDD (907) 761-8905, Deborah Davis.

Arizona State Office, 230 North First Ave., Suite 206, Phoenix, AZ 85003-1706, (602) 280-8768, TDD (602) 280-8706, Carol O. Torres.

Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, AR 72201-3225, (501) 301-3250, TDD (501) 301-3279, Gregory Kemper.

California State Office, 430 G Street, #4169, Davis, CA 95616-4169, (530) 792-5813, TDD (530) 792-5848, Edgar Morales.

Colorado State Office, 655 Parfet Street, Room E100, Lakewood, CO 80215, (720) 544-2923, TDD (800) 659-2656, Mary Summerfield.

Connecticut, Served by Massachusetts State Office.Start Printed Page 8897

Delaware and Maryland State Office, 1221 College Park Drive, Suite 200, Dover, DE 19904, (302) 857-3615, TDD (302) 857-3585, Debra Eason.

Florida & Virgin Islands State Office, 4440 N.W. 25th Terrace, P.O. Box 147010, Gainesville, FL 32614-7010, (352) 338-3400, TDD (352) 338-3499, Tresca Clemmons.

Georgia State Office, Stephens Federal Building, 355 E. Hancock Avenue—Stop 307, Athens, GA 30601-2768, (706) 546-2164, TDD (706) 546-2034, Wayne Rogers.

Hawaii State Office, (Services all Hawaii, American Samoa Guam, and Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720, (808) 933-8300, TDD (808) 933-8321, Nate Riedel.

Idaho State Office, 9173 West Barnes Dr., Suite A1, Boise, ID 83709, (208) 378-5630, TDD (208) 378-5644, Roni Atkins.

Illinois State Office, 2118 West Park Court, Suite A, Champaign, IL 61821-2986, (217) 403-6222, TDD (217) 403-6240, Barry L. Ramsey.

Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278-1966, (317) 290-3100 (ext. 413), Carla Orr Haskins.

Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50273, (515) 284-4666, TDD (515) 284-4858, Heather Honkomp.

Kansas State Office, 1303 SW First American Place, Suite 100, Topeka, KS 66604-4040, (785) 271-2718, TDD (785) 271-2767, Tim Rogers.

Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 40503, (859) 224-7300, TDD (859) 224-7422, Paul Higgins.

Louisiana State Office, 3727 Government Street, Alexandria, LA 71302, (318) 473-7962, TDD (318) 473-7655, Yvonne R. Emerson.

Maine State Office, 967 Illinois Ave., Suite 4, P.O. Box 405, Bangor, ME 04402-0405, (207) 990-9110, TDD (207) 942-7331, Robert Nadeau.

Maryland, Served by Delaware State Office.

Massachusetts, Connecticut, & Rhode Island State Office, 451 West Street—Suite 2, Amherst, MA 01002, (413) 253-4315, TDD (413) 253-4590, Paul D. Geoffroy.

Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 48823, (517) 324-5199, TDD (517) 324-5169, Julie Putnam.

Minnesota State Office, 375 Jackson Street, Suite 410, St. Paul, MN 55101-1853, (651) 602-7804, TDD (651) 602-7830, Tom Osborne.

Mississippi State Office, Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS 39269, (601) 965-4326, TDD (601) 965-5717, Darnella Smith-Murray.

Missouri State Office, 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203, (573) 876-0987, TDD (573) 876-9480, Rachelle Long.

Montana State Office, 900 Technology Blvd. Suite B, Bozeman, MT 59718, (406) 585-2530, TDD (406) 585-2562, Deborah Chorlton.

Nebraska State Office, Federal Building, Room 152, 100 Centennial Mall N, Lincoln, NE 68508, (402) 437-5734, TDD (402) 437-5093, Linda Anders.

Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-9910, (775) 887-1222 (ext. 13), TDD (775) 885-0633, William Brewer.

New Hampshire State Office, 10 Ferry Street, Concord, NH 03301-5004, Suite 218, Box 317, (603) 223-6050, TDD (802) 828-6365, Robert McCarthy.

New Jersey State Office, 8000 Midlantic Dr., 5th Floor North Suite 500, Mt. Laurel, NJ 08054, (856) 787-7740, TDD (856) 787-7730, George Hyatt, Jr.

New Mexico State Office, 6200 Jefferson St., NE., Room 255, Albuquerque, NM 87109, (505) 761-4950, TDD (505) 761-4938, Art Garcia.

New York State Office, The Galleries of Syracuse, 441 S. Salina Street, Suite 357, Syracuse, NY 13202-2425, (585) 394-0525 ext. 109, TDD (315) 477-6447, Celeste Frohm.

North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 27609, (919) 873-2063, TDD 711 (state relay system), William Hobbs.

North Dakota State Office, Federal Building, Room 208, 220 East Rosser, P.O. Box 1737, Bismarck, ND 58502, (701) 530-2050, TDD (701) 530-2090, Mark J. Wax.

Ohio State Office, Federal Building, Room 507, 200 North High Street, Columbus, OH 43215-2477, (614) 255-2418, TDD (800) 877-8339, Melodie Taylor-Ward.

Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654, (405) 742-1070, TDD (405) 742-1007, Ivan S. Graves.

Oregon State Office, 1201 NE. Lloyd Blvd., Suite 801, Portland, OR 97232-1274, (503) 414-3353, TDD (503) 414-3387, Rod Hansen.

Pennsylvania State Office, One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996, (717) 237-2279, TDD 711 (state relay system), Frank Wetherhold.

Puerto Rico State Office, 654 Munoz Rivera Avenue, Suite 601, Hato Rey, PR 00918, (787) 766-5095, TDD (787) 766-5332, Noemi Morant.

Rhode Island, Served by Massachusetts State Office.

South Carolina State Office, Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201, (803) 253-3432, TDD (803) 765-5697, Larry D. Floyd.

South Dakota State Office, Federal Building, Room 210, 200 Fourth Street, SW., Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, Roger Hazuka or Pam Reilly.

Tennessee State Office, 3322 West End Avenue, Suite 300, Nashville, TN 37203, (615) 783-1300, TDD (615) 783-1397, Kathy G. Connelly.

Texas State Office, Federal Building, Suite 102, 101 South Main, Temple, TX 76501, (254) 742-9770, TDD (254) 742-9712, Joyce McGlothlin.

Utah State Office, Wallace F. Bennett Federal Building, 125 S. State Street, Room 4311, Salt Lake City, UT 84138, (801) 524-4302, TDD (801) 524-3309, Shelly Prothero.

Vermont State Office, City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602, (802) 828-6067, TDD (802) 223-6365, Kenneth Yearman.

Virgin Islands, Served by Florida State Office.

Virginia State Office, 1606 Santa Rosa Road, Suite 238, Richmond, VA 23229, (804) 287-1596, TDD (804) 287-1753, C.J. Michels.

Washington State Office, 1835 Black Lake Blvd. SW., Suite B, Olympia, WA 98512, (360) 704-7740, TDD (360) 704-7772, Tammy Repine.

Western Pacific Territories, Served by Hawaii State Office.

West Virginia State Office, Federal Building, 1550 Earl Core Road, Suite 101, Morgantown, WV 26505, (304) 284-4872, TDD (304) 284-4836, David L. Cain.

Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 54481, (715) 345-7600, TDD (715) 345-7614, Dave Schwobe.

Wyoming State Office, P.O. Box 11005, Casper, WY 82602, (307) 856-7524 ext. 124, TDD (307) 233-6733, Yvette Wilson.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Monica Cole, Financial and Loan Analyst, USDA Rural Development Guaranteed Rural Rental Housing Program, Multi-Family Housing Guaranteed Loan Division, U.S. Department of Agriculture, South Agriculture Building, Room 1263, STOP 0781, 1400 Independence Avenue, SW., Washington, DC 20250-0781. E-mail: monica.cole@wdc.usda.gov. Telephone: (202) 720-1251. This number is not toll-free. Hearing or speech-impaired persons may access that number by calling the Federal Information Relay Service toll-free at (800) 877-8339.

Eligibility of Prior Year Selected Notice of Funding Availability

Responses: FY 2009 NOFA response selections that did not develop into complete applications within the time constraints stipulated by the corresponding State Office have been cancelled. A new response for the project may be submitted subject to the conditions of this NOFA.

FY 2009 NOFA responses that were selected by the Agency, with a complete application (including all Federal environmental documents required by 7 CFR part 1940, subpart G, a Form RD 3565-1 “Application for Loan and Guarantee”) submitted by the lender within 90 days from the date of notification of response selection (unless an extension was granted by the Agency), will be eligible for FY 2010 program dollars and will compete for available FY 2010 funds without having to complete a FY 2010 response.

General Program Information

Program Purpose: The purpose of the GRRHP is to increase the supply of affordable rural rental housing through the use of loan guarantees that encourage partnerships between the Start Printed Page 8898Agency, private lenders, and public agencies.

Responses Must Be Submitted By: The Agency will only accept responses from GRRHP eligible or approved lenders as described in 7 CFR 3565.102 and 3565.103 respectively.

Qualifying Properties: Qualifying properties include new construction for multi-family housing units and the acquisition of existing structures with a minimum per unit rehabilitation expenditure requirement in accordance with 7 CFR 3565.252.

Also eligible is the revitalization, repair and transfer (as stipulated in 7 CFR 3560.406) of existing direct section 515 housing (transfer costs are subject to Agency approval and must be an eligible use of loan proceeds as listed in 7 CFR 3565.205) and properties involved in the Agency's MPR program. Equity payment, as stipulated 7 CFR 3560.406, in the transfer of existing direct section 515 housing, is an eligible use of guaranteed loan proceeds. In order to be considered, the transfer of direct section 515 housing and MPR projects must need repairs and undergo revitalization of a minimum of $6,500 per unit.

Eligible Financing Sources: Any form of Federal, State, and conventional sources of financing can be used in conjunction with the loan guarantee, including Home Investment Partnership Program (HOME) grant funds, tax exempt bonds, and low income housing tax credits.

Maximum Guarantee: The Agency can guarantee the “permanent” loan. The Agency can only guarantee construction advances for the construction of the property if a guarantee for the permanent loan is requested for the same property. The Agency cannot, however, guarantee only the “construction” advances for the construction of a property.

The maximum guarantee for a permanent loan will be 90 percent of the unpaid principal and interest up to default and accrued interest 90 calendar days from the date the liquidation plan is approved by the Agency, as defined in 7 CFR 3565.452. Penalties incurred as a result of default are not covered by the guarantee. The Agency may provide a lesser guarantee based upon its evaluation of the credit quality of the loan. The Agency's liability under any guarantee will decrease or increase, in proportion to any decrease or increase in the amount of the unpaid portion of the loan, up to the maximum amount specified in the Loan Note Guarantee. The maximum guarantee of construction advances will not at any time exceed the lesser of 90 percent of the amount of principal and interest up to default advanced for eligible uses of loan proceeds or 90 percent of the original principal amount and interest up to default of the loan. Penalties incurred as a result of default are not covered by the guarantee. The Agency may provide a lesser guarantee based upon its evaluation of the credit quality of the loan.

Energy Conservation: USDA Rural Development has adopted a policy that all new multi-family housing projects financed in whole or in part by the USDA, will be encouraged to engage in sustainable building development that emphasizes energy-efficiency and conservation. In order to assist in the achievement of this goal, any GRRHP project that participates in one or all of the following programs may receive a maximum of twenty (20) additional points added to their project score. Participation in these nationwide initiatives is voluntary, but strongly encouraged.

Reimbursement of Losses: Any losses will be split on a pro-rata basis between the lender and the Agency from the first dollar lost.

Interest Credit: The FY 2010 appropriation act does not permit interest credit.

Surcharges for Guarantee of Construction Advances: There is no surcharge for the guarantee of construction advances for FY 2010.

Program Fees for FY 2010: As a condition of receiving a loan guarantee, the Agency will charge the following fees to the lender.

(1) There is no application fee for lenders submitting an application in FY 2010.

(2) There is a flat fee of $500 when a lender requests USDA Rural Development to extend the term of a guarantee commitment.

(3) There is a flat fee of $500 when a lender requests USDA Rural Development to reopen an application when a commitment has expired.

(4) There is a flat fee of $1,250 when a lender requests USDA Rural Development to approve the transfer of property and assumption of the loan to an eligible prospective borrower.

(5) There is no lender application fee for lender approval in FY 2010.

Eligible Lenders: An eligible lender for the section 538 GRRHP as required by 7 CFR 3565.102 must be a licensed business entity or Housing Finance Agency (HFA) in good standing in the state or states where it conducts business. Lender eligibility requirements are contained in 7 CFR 3565.102. Please review 7 CFR 3565.102 for a complete list of all of the criteria. Below is a list of some of the eligible lender criteria under 7 CFR 3565.102:

(1) Licensed business entity that meets the qualifications and has the approval of the Secretary of Housing and Urban Development (HUD) to make multi-family housing loans that are insured under the National Housing Act. A complete list of HUD approved lenders can be found on the HUD Web site a t http://www.hud.gov.

(2) A licensed business entity that meets the qualifications and has the approval of the Ginnie Mae or Freddie Mac or Fannie Mae corporations to make multi-family housing loans that are sold to the same corporations. A complete list of Freddie Mac approved lenders can be found in Freddie Mac's Web site at http://www.freddiemac.com. Fannie Mae approved lenders are found at http://www.fanniemae.com. For a list of Ginnie Mae issuers, contact Ginnie Mae at http://www.ginniemae.gov.

(3) A State or local HFA with a top-tier rating from Moody's or Standard & Poors, or member of the Federal Home Loan Bank system, and the demonstrated ability to underwrite, originate, process, close, service, manage, and dispose of multi-family housing loans in a prudent manner.

(4) Be a GRRHP approved lender, defined as an entity with a current executed multi-family housing Lender's Agreement with USDA Rural Development.

(5) Lenders that can demonstrate the capacity to underwrite, originate, process, close, service, manage, and dispose of multi-family housing loans in a prudent manner. In order to be approved the lender will have to have an acceptable level of financial soundness as determined by a lender rating service. The submission of materials demonstrating capacity will be required if the lender's response is selected. Lenders who are otherwise ineligible may become eligible if they maintain a correspondent relationship with an eligible lender that does have the capacity to underwrite, originate, process, close, service, manage, and dispose of multi-family housing loans in a prudent manner. In this case, the eligible lender must submit the response and application on company letterhead. All contractual and legal documentation will be signed between USDA Rural Development and the lender that submitted the response and application.

GRRHP Lender Approval Application: Lenders whose responses are selected will be notified by the USDA Rural Development to submit a request for GRRHP lender approval application within 30 days of notification. Lenders who request GRRHP approval must Start Printed Page 8899meet the standards in the 7 CFR 3565. Lenders that have received GRRHP lender approval in the past and are in good standing do not need to reapply for GRRHP lender approval. Requirements for retaining approved lender status are defined in 7 CFR 3565.

Submission of Documentation for GRRHP Lender Approval: All lenders that have not yet received GRRHP lender approval must submit a complete lender application to: Director, Multi-Family Housing Guaranteed Loan Division, Rural Development, U.S. Department of Agriculture, Room 1263, STOP 0781, 1400 Independence Avenue, SW., Washington, DC 20250-0781. Lender applications must be identified as “Lender Application—Section 538 Guaranteed Rural Rental Housing Program” on the envelope.

As the Section 538 program does not have a formal application form, a complete application consists of a cover letter requesting GRRHP lender approval and the following documentation:

(1) Request for GRRHP lender approval on the lender's letterhead;

(2) Lenders who are HUD, Ginnie Mae, Freddie Mac or Fannie Mae multi-family approved lenders are required to show evidence of this status, such as a copy of a letter designating the distinction;

(3) The lender's Loan Origination, Loan Servicing, and Portfolio Management Handbooks. These handbooks should detail the lender's policies and procedures on loan origination through termination for multi-family loans;

(4) Portfolio performance data;

(5) Copies of standard documents that will be used in processing GRRHP loans;

(6) Resumes and qualifications of key personnel that will be involved in the GRRHP;

(7) Identification of standards and processes that deviate from those outlined in the GRRHP Origination and Servicing Handbook (HB-1-3565) found at http://www.rurdev.usda.gov/​regs/​hblist.html#hbw6;​

(8) A copy of the most recent audited financial statements;

(9) Lender specific information including: (a) Legal name and address, (b) list of principal officers and their responsibilities, (c) certification that the officers and principals of the lender have not been debarred or suspended from Federal programs, (d) Form AD 1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transaction”, (e) certification that the lender is not in default or delinquent on any Federal debt or loan, or possesses an outstanding finding of deficiency in a Federal housing program, and (f) certification of the lender's credit rating; and

(10) Documentation on bonding and insurance.

Additional Construction Lender Requirements

The Agency can guarantee the “permanent” loan. The Agency can only guarantee construction advances for the construction of the property if a guarantee for the permanent loan is requested for the same property. The Agency cannot, however, guarantee only the “construction” advances for the construction of a property.

A lender making a construction loan must demonstrate an ability to originate and service construction loans, in addition to meeting the other requirements of 7 CFR part 3565, subpart C. The Agency may, at its discretion, consider other types of construction loans—such as those for commercial development—as a substitute for multi-family construction experience.

Lender Responsibilities: Lenders will be responsible for the full range of loan origination, underwriting, management, servicing, compliance issues, and property disposition activities associated with their projects. The lender will be expected to provide guidance to the prospective borrower on the Agency requirements during the application phase. Once the guarantee is issued, the lender is expected to service each loan it underwrites or contract these services to another capable entity.

Discussion of NOFA Responses

Content of NOFA Responses: All responses require lender information and project specific data. Incomplete responses will not be considered for funding. Lenders will be notified of incomplete responses. Complete responses are to include a signed cover letter from the lender on the lender's letterhead and the following information:

(1) Lender certification—The lender must certify that the lender will make a loan to the prospective borrower for the proposed project, under specified terms and conditions subject to the issuance of the GRRHP guarantee. Lender certification must be on the lender's letterhead and signed by both the lender and the prospective borrower.

(2) Project specific data—The lender must submit the project specific data below on the lender's letterhead, signed by both the lender and the prospective borrower.

Data elementInformation that must be included
Lender NameInsert the lender's name.
Lender Tax ID #Insert lender's tax ID #.
Lender Contact NameName of the lender contact for loan.
Mailing AddressLender's complete mailing address.
Phone #Phone # for lender contact.
Fax #Insert lender's fax #.
E-mail AddressInsert lender contact e-mail address.
Borrower Name and Organization TypeState whether borrower is a Limited Partnership, Corporation, Indian Tribe, etc.
Equal Opportunity SurveyOptional Completion.
Tax Classification TypeState whether borrower is for profit, not for profit, etc.
Borrower Tax ID #Insert borrower's tax ID #.
Borrower DUNS#Insert DUNS number.
Borrower Address, including CountyInsert borrower's address and county.
Borrower Phone #Insert borrower's phone #.
Principal or Key Member for the BorrowerInsert name and title.
Borrower Information and Statement of Housing Development ExperienceAttach relevant information.
New Construction, Acquisition With Rehabilitation, or the Revitalization, Repair, and Transfer (as stipulated in 7 CFR 3560.406) of Existing Direct Section 515 Housing or MPRState whether the project is new construction or acquisition with rehabilitation. Transfer costs, including equity payments, are subject to Agency approval and must be an eligible use of loan proceeds in 7 CFR 3565.205.
Start Printed Page 8900
Project Location Town or CityTown or city in which the project is located.
Project CountyCounty in which the project is located.
Project StateState in which the project is located.
Project Zip CodeInsert zip code.
Project Congressional DistrictCongressional District for project location.
Project NameInsert project name.
Project TypeFamily, senior (all residents 55 years or older), or mixed.
Property Description and Proposed Development ScheduleProvide as an attachment.
Total Project Development CostEnter amount for total project.
# of UnitsInsert the # of units in the project.
Ratio of 3-5 bedroom units to total unitsInsert percentage of 3-5 bedroom units to total units.
Cost Per UnitTotal development cost divided by # of units.
RentProposed rent structure.
Median Income for CommunityProvide median income for the community.
Evidence of Site ControlAttach relevant information.
Description of Any Environmental IssuesAttach relevant information.
Loan AmountInsert the loan amount.
Borrower's Proposed EquityInsert amount and source.
Tax CreditsHave tax credits been awarded?
If tax credits were awarded, submit a copy of the award NOFA/evidence of award with your response.
If not, when do you anticipate an award will be made (announced)?
What is the [estimated] value of the tax credits?
Other Sources of FundsList all funding sources other than tax credits and amounts for each source.
Loan to Total Development CostGuaranteed loan divided by the total development costs of project.
Debt Coverage RatioNet Operating Income divided by debt service payments.
Percentage of GuaranteePercentage guarantee requested.
CollateralAttach relevant information.
Empowerment Zone (EZ) or Enterprise Community (EC), Colonia, Tribal Lands, or State's Consolidated Plan or State Needs AssessmentYes or No. Is the project in a recognized EZ or EC, Colonia, on an Indian Reservation, or in a place identified in the State's Consolidated Plan or State Needs Assessment as a high need community for multi-family housing.
Is the Property Located in a Federally Declared Disaster Area?If yes, please provide documentation (i.e., Presidential Declaration document).
PopulationProvide the population of the county, city, or town where the project is or will be located.
Is a Guarantee for Construction Being Requested?State yes or no. The Agency can guarantee the construction advances of the property if the guarantee for the permanent loan is requested for the same property.
Loan TermMinimum 25-year term.
Maximum 40-year term (includes construction period).
May amortize up to 40 years.
Balloon mortgages permitted after the 25th year.

Scoring of Priority Criteria for Selection of Projects: All 2010 responses will be scored based on the criteria set forth below to establish their priority for obligation of funds. Per 7 CFR 3565.5(b), priority will be given to projects: In smaller rural communities, in the most needy communities having the highest percentage of leveraging, having the lowest interest rate, or having the highest ratio of 3-5 bedroom units to total units.

On or prior to April 1, 2010, projects with an overall score of 25 points or more and a loan to development cost ratio less than 70 percent will be processed and, when ready, obligated on a first-come-first-serve basis, to the extent funds are available. Projects that score less than 25 points, and projects that score 25 points or more and do not have a loan to development cost ratio less than 70 percent, may be processed up to the point of obligation, but will not be obligated until after April 1, 2010. After April 1, 2010, the Agency will select the highest scoring proposals using the procedure outlined in the DATES section of this NOFA.

The seven priority criteria for projects are listed below.

Priority 1—Projects located in eligible rural communities with the lowest populations will receive the highest points.

Population sizePoints
0-5,000 people20
5,001-10,000 people15
10,001-15,000 people10
15,001-20,000 people5

Priority 2—The neediest communities as determined by the median income from the most recent census data will receive points. The Agency will allocate points to projects located in communities having the lowest median income. Points for median income will be awarded as follows:

Median income (dollars)Points
Less than $45,00020
$45,000-less than $55,00015
$55,000-less than $65,00010
$65,000-less than $75,0005
$75,000 or more0

Priority 3—Projects that demonstrate partnering and leveraging in order to develop the maximum number of units and promote partnerships with state and local communities will also receive points. Points will be awarded as follows:

Loan to total development cost ratio (percentage %)Points
90-1000
Less than 90-7010
Less than 70-5020
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Less than 5030

Priority 4—The USDA Rural Development will award points to projects with the highest ratio of 3-5 bedroom units to total units as follows:

Ratio of 3-5 bedroom units to total unitsPoints
More than 50%10
21%-50%5
Less than 21%-more than 0%1

Priority 5—NOFA responses for the revitalization, repair, and transfer (as stipulated in 7 CFR 3560.406) of existing direct section 515 housing and properties involved in the Agency's MPR program (transfer costs, including equity payments, are subject to Agency approval and must be an eligible use of loan proceeds listed in 7 CFR 3565.205) will receive an additional 10 points.

Priority 6—Projects that are energy-efficient and are certified by the following programs will receive twenty (20) points:

(1) Green Communities sponsored by The Enterprise Foundation (http://www.enterprisefoundation.org) or

(2) LEED for Homes Program by the U.S. Green Builders (USGBC) (http://www.usgbc.org) or

(3) National Association of Home Builders (NAHB) ICC 700-2008 National Green Building StandardTM (http://www.nahb.org) or

(4) Any other program, specific to a state or region that is similar to the above three that is approved by the Agency.

Notifications: Responses will be reviewed for completeness and eligibility. The USDA Rural Development will notify those lenders whose responses are selected via letter. The USDA Rural Development will request lenders without GRRHP lender approval to apply for GRRHP lender approval within 30 days upon receipt of notification of selection. For information regarding GRRHP lender approval, please refer to the section entitled “Submission of Documentation for GRRHP Lender Approval” in this NOFA.

Lenders will also be invited to submit a complete application to the USDA Rural Development State Office where the project is located.

Submission of GRRHP Applications: Notification letters will instruct lenders to contact the USDA Rural Development State Office immediately following notification of selection to schedule required agency reviews.

USDA Rural Development State Office staff will work with lenders in the development of an application package. In response to the NOFA, lenders must submit a response to the office address identified in the NOFA for the scoring and ranking of a proposed GRRHP project. The lender must provide the requested information concerning the project, to establish the purpose of the proposed project, its location, and how it meets the established priorities for funding. The Agency will determine the highest ranked responses based on priority criteria and a threshold score.

NOFA responses will at least include the following [but the Agency, at its sole discretion, may request additional information]:

(1) The Project

(a) A brief description of the proposed location of the project, including town, county, state, and congressional district.

(b) A description of the property and improvements, including lot size, number of units, building type, type of construction, etc., including preliminary drawings, if available.

(c) The proposed development schedule.

(d) Total project development cost.

(e) The proposed rent structure and area median income (HUD published area median incomes can be found online at http://www.huduser.org).

(f) Evidence of site control by the proposed borrower or a purchase option.

(g) Description of any environmental issues that may affect the project.

(h) Amount of loan to be guaranteed.

(i) Type of project (e.g., elderly or family).

(2) The Proposed Financing

(a) Proposed loan amount and the proposed borrower's equity.

(b) Estimated development budget (total and cost/unit) and the proposed sources and uses of funds. This information should include all proposed financing sources—the amount, type, rates and terms of loans, tax credits, or grant funds. Letters of application and commitment letters should be included, if available.

(c) Estimated loan-to-development cost ratio for the guaranteed loan.

(d) Proposed Agency guarantee percentage for guaranteed loan.

(e) Collateral—all security, in addition to the real property, proposed to secure the loan.

(3) The Proposed Borrower

(a) The name of the borrower and the type of ownership entity. List the general partners if a limited partnership, officers if a corporation or members of a Limited Liability Corporation.

(b) Borrower's contact name, mailing address, phone and fax numbers, and e-mail address.

(c) Certification that the borrower or principals of the ownership are not barred from participating in Federal housing programs and are not delinquent on any Federal debt.

(d) Borrower's unaudited or audited financial statements.

(e) Statement of borrower's housing development experience.

(4) Lender Eligibility and Approval Status

Evidence that the lender is either an approved lender for the purposes of the GRRHP or that the lender is eligible to apply for approved lender status. The lender's application for approved lender status can be submitted with the response but must be submitted to the National Office within 30 calendar days of the lender's receipt of the “Notice to Proceed with Application Processing” letter.

(5) Competitive Criteria

Information that shows how the proposal is responsive to the selection criteria specified in the NOFA.

(6) Lender Certification

A commitment letter signed by the lender, on the lender's letterhead, indicating that the lender will make a loan to the borrower for the proposed project, under specified terms and conditions subject only to the issuance of a guarantee by the Agency. The deadline for the submission of a complete application and is 90 days from the date of notification of response selection. If the application is not received by the appropriate State Office within 90 days from the date of notification, the selection is subject to cancellation, thereby allowing another response that is ready to proceed with processing to be selected. The Agency has the ability to extend this 90-day deadline for receipt of an application at its own discretion.

Obligation of Program Funds: The Agency will only obligate funds to projects that meet the requirements for obligation, including having undergone a satisfactory environmental review in accordance with the National Environmental Protection Act (NEPA) and completed Form RD 3565-1 for the selected project.

Conditional Commitment: Once the required documents for obligation are received and all NEPA requirements have been met, the USDA Rural Development State Office will issue a Start Printed Page 8902conditional commitment, which stipulates the conditions that must be fulfilled before the issuance of a guarantee, in accordance with 7 CFR 3565.303.

Issuance of Guarantee: The USDA Rural Development Office will issue a guarantee to the lender for a project in accordance with 7 CFR 3565.303. No guarantee can be issued without a complete application, review of appropriate certifications, satisfactory assessment of the appropriate level of environmental review, and the completion of any conditional requirements.

Non-Discrimination Statement

USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-3272 (voice), or (202) 720-6382 (TDD). “USDA is an equal opportunity provider, employer, and lender.”

Start Signature

Dated: February 4, 2010.

Tammye H. Treviño,

Administrator, Rural Housing Service.

End Signature End Further Info End Preamble

[FR Doc. 2010-3959 Filed 2-25-10; 8:45 am]

BILLING CODE 3410-XV-P