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10.415 RURAL RENTAL HOUSING LOANS

FEDERAL AGENCY
RURAL DEVELOPMENT (RD), DEPARTMENT OF AGRICULTURE

AUTHORIZATION
Housing Act of 1949, as amended, Sections 515 and 521, Public Law 102-550, 42 U.S.C. 1485, 1490a.

OBJECTIVES
To provide economically designed and constructed rental and cooperative housing and related facilities suited for rural residents.

TYPES OF ASSISTANCE
Direct Loans; Project Grants.

USES AND USE RESTRICTIONS
Loans can be used to construct, or to purchase and substantially rehabilitate rental or cooperative housing or to develop manufactured housing projects. Housing as a general rule will consist of multi-units with two or more family units and any appropriately related facilities. Funds may also be used to provide approved recreational and service facilities appropriate for use in connection with the housing and to buy and improve the land on which the buildings are to be located. Loans may not be made for nursing, special care, or institutional-type homes. Grants are in the form of rental assistance for some units within the underwritten property.

Applicant Eligibility
Applicants may be individuals, cooperatives, nonprofit organizations, State or local public agencies, profit corporations, trusts, partnerships, limited partnerships, and be unable to finance the housing either with their own resources or with credit obtained from private sources. However, applicants must be able to assume the obligations of the loan, furnish adequate security, and have sufficient income for repayment. They must also have the ability and intention of maintaining and operating the housing for purposes for which the loan is made. Loans may be made in communities up to 10,000 people in MSA areas and some communities up to 20,000 population in non- MSA areas. Applicants in towns of 10,000 to 20,000 should check with their local Rural Development; office to determine if the agency can serve them. Assistance is available to eligible applicants in States, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana's, and the Trust Territory of the Pacific Islands.

Beneficiary Eligibility
Occupants must be very low-, low- or moderate-income families households, elderly, handicapped, or disabled persons.

Credentials/Documentation
Applicants must furnish evidence of the following: (a) A comprehensive market analysis showing the need for such service; (b) a legal capacity to incur the obligation and operate the housing; (c) a sound budget; (d) good credit history; (e) inability to obtain necessary funds from other sources on terms and conditions that would enable the applicants to rent the units for amounts that are within payment ability of eligible very low, low-, or moderate-income family, households, elderly, handicapped, or disabled occupants. This program is excluded from coverage under OMB Circular No. A-87.

Preapplication Coordination
Not applicable. This program is excluded from coverage under E.O. 12372.

Application Procedure
For FY 06 the Section 515 Program will be awarded through a Notice of Funding Availability (NOFA) announced in the Federal Register March 15, 2006. The NOFA application period is 60 days from the date of the announcement. The NOFA deadline is May 14, 2006.

Award Procedure
Applications will be scored on the following factors (the factors are the same as last year's except for the additional requirement (shown in italics) that has been added to factor 4, the National Office initiative): (1) The presence and extent of leveraged assistance for the units that will serve RHS income-eligible tenants at basic rents comparable to those if RHS provided full financing, computed as a percentage of the RHS total development cost. (0 to 20 points); (2) the units to be developed are in a colonia, tribal land, EZ, EC, or REAP community, or in a place identified in the State Consolidated Plan or State Needs Assessment as a high need community for multifamily housing. ("State" refers to the State Government.) (20 points); (3) the loan request includes donated land meeting the provisions of 7 CFR 1944.215(r)(4). (5 points); and (4) in States where RHS has an on-going formal working relationship, agreement or Memorandum of Understanding (MOU) with the State to provide State resources (State funds, State RA, HOME funds, CDBG funds, or Low-Income Housing Tax Credits) for RHS proposals; or where the State provides preference or points to RHS proposals in awarding such State resources, 20 points will be provided to loan requests that include such State resources in an amount equal to at least 5 percent of the total development cost. (National office initiative) (20 points).

Deadlines
May 14, 2006.

Range of Approval/Disapproval Time
Within 30 days, States will review and score the applications and submit a list of applications in rank and point score order to the National Office. Following the State's submission of applications to the National Office, within 30 days the National Office will rank applications on a nation-wide basis and advise States of the results.

Appeals
Applicant may request reconsideration on the basis of pertinent facts concerning the application.

Renewals
Applicants may reapply at next Notice of Funding Availability (NOFA).

Formula and Matching Requirements
This program is now a Notice of Funding Availability (NOFA). Rural Development State Directors use needs criteria to establish a list of targeted communities for which applicants may request loan funds. Applications are then rated competitively in order to select recipients.

Length and Time Phasing of Assistance
Loans are for up to 30 years at an effective 1 percent interest rate, and are amortized over 50 years. A current rate is used for the promissory note but thereafter is used only to determine maximum rent payments. Tenants pay basic rent or 30 percent of adjusted income, whichever is greater. RHS rental assistance subsidy can be used to limit tenant payment to 30 percent of their income. Loans made through contracts entered into on or after December 15, 1989 cannot be prepaid.

Reports
Monthly progress reports are to be made to the Rural Development Manager, during the first six months of successful operation and each month thereafter until discontinued by the Rural Development Manager. Annual reports required thereafter.

Audits
For borrowers not covered under OMB Circular No. A-133, annual audits conducted in accordance with Government Auditing Standards are required from borrowers with 25 or more units in any project. In accordance with the provisions of 7 CFR Part 3052, "Audits of States, Local Governments, and Non-Profit Organizations," which implement OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that receive financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 7 CFR 3052.

Records
Good business records required.

Account Identification
12-4141-0-3-371; 12-2081-0-1-371.

Obligations
(New Construction funds) FY 07 $36,382,000 (for repair/rehab only); FY 08 est not available; and FY 09 est not reported.

Range and Average of Financial Assistance
Loan limit per application is $1 million. Total limit per State (reserve and set-aside funds are not included in this cap): $2.5 million.

PROGRAM ACCOMPLISHMENTS
None.

REGULATIONS, GUIDELINES, AND LITERATURE
7 CFR Part 3560. Handbook 1-Loan Origination, Handbook 2-Asset Management, Handbook 3-Project Servicing.

Regional or Local Office
Refer to the NOFA which lists Offices to contact or consult your local telephone directory for Rural Development county or district office number. If no listing, get in touch with appropriate Rural Development State office listed in Appendix IV of the Catalog or on the internet at http://www.rurdev.usda.gov/recd_map.html.

Headquarters Office
Director, Multi-Family Housing Processing Division, Rural Development, Department of Agriculture, Washington, DC 20250. Telephone: (202) 720-1604. Use the same number for FTS.

Web Site Address
http://www.rurdev.usda.gov

RELATED PROGRAMS
10.405, Farm Labor Housing Loans and Grants; 10.411, Rural Housing Site Loans and Self_Help Housing Land Development Loans; 10.427, Rural Rental Assistance Payments.

EXAMPLES OF FUNDED PROJECTS
Not applicable.

CRITERIA FOR SELECTING PROPOSALS
Not applicable.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)