§§ 200.61-200.61e [Reserved]

$ 200.61f Chief Multifamily Housing Assistance Branch.

To the position of Chief of the Multifamily Housing Assistance Branch there is delegated the following basic authority and functions:

(a) To develop and recommend policies and establish operating procedures for the insurance of mortgages under section 221(d)(3), section 236, and the rent supplement program; and for noninsured assistance to State and local housing programs under the rent supplement program and the rental housing assistance program.

(b) To be responsible for utilization and control of the contract authority for the rent supplement program and the rental housing assistance program; for approval of loans under the direct loan program for housing the elderly or handicapped under section 202 of the Housing Act of 1959, and for conversion of section 202 projects to insured private financing with interest assistance under section 236 of the National Housing Act.

(c) To approve applications for financial assistance under section 106 of the Housing and Urban Development Act of 1968 and section 207 of the Appalachian Regional Development Act of 1965, as amended; to approve the waiver of interest on loans made to nonprofit organizations under the Appalachian Regional Development Act of 1965; to provide technical assistance to nonprofit sponsors under the Appalachian Development program; and to recommend approval or disapproval of the waiver of repayment in whole or in part of loans made under section 106 of the Housing and Urban Development Act of 1968 and section 207 of the Appalachian Regional Development Act of 1965, as amended.

(d) To develop policies and procedures for the insurance of supplemental loans under section 241 as they apply to projects insured under section 221(d)(3) at below market interest rates, section 236 rental housing assistance program, section 243 cooperative and condominium housing of the homeownership for middle-income families program and projects receiv

ing subsidies under the rent supplement program.

[36 FR 24467, Dec. 22, 1971, as amended at 36 FR 25405, Dec. 31, 1971]

§§ 200.84-200.84a [Reserved]

§ 200.84b Regional Administrators, Deputies and Assistants.

To the position of Regional Administrator, and to each of them; and to the position of Deputy Regional Administrator and to each of them under the general supervision of the Regional Administrator having jurisdiction; and to the position of Assistant Regional Administrator for Housing Production and Mortgage Credit, and to each of them under the general supervision of the Regional Administrator there is delegated the basic authority and function to direct and supervise within the geographical area under his jurisdiction all activities assigned at Headquarters to the Assistant Secretary for HPMC-FHA Commissioner.

[39 FR 34659, Sept. 27, 1974, as amended at 41 FR 29141, July 15, 1976]

DELEGATIONS TO COMMITTEES

§ 200.85 Executive Board.

(a) Members. The committee called the Executive Board is composed of the following members: Assistant Secretary-Federal Housing Commissioner, Chairman; Deputy Assistant Secretary-Deputy Federal Housing Commissioner, Vice Chairman; Executive Assistant Commissioner; Director, Office of Policy and Program Analysis and Development; Director, Office of Management Systems; Director, Office of Underwriting Standards; Director, Office of Field Support; Director, Publicly Financed Housing Division and Director, Property Improvement and Mobile Homes Division.

(b) Functions. The functions of the Executive Board are to consider and advise with respect to basic policy, plans and general program matters of Housing Production and Mortgage Credit and the Federal Housing Administration.

[39 FR 34659, Sept. 27, 1974]

§ 200.89 Substantial Compliance Committee.

(a) Members. The Substantial Compliance Committee is composed of the following members: Director, Property Improvement and Mobile Homes Division, Chairman; a designee of the Director, Office of Policy and Program Analysis and Development; a designee of the Director, Office of Management Systems including a representative of the Office of Finance and Accounting (by agreement with the Assistant Secretary for Administration), and a representative of the Assistant Secretary for Housing Management; and such other members as the Assistant Secretary-Federal Housing Commissioner may designate.

(b) Functions. The functions of the Substantial Compliance Committee are to waive compliance with regulations heretofore or hereafter prescribed with respect to the interest and maturity of, and the terms, conditions, and restrictions under which loans, advances of credit, and purchases may be insured under section 2 of title I of the National Housing Act if, in the judgment of the committee, the enforcement of such regulations would impose an injustice upon an insured institution which has substantially complied with such regulations in good faith and has refunded or credited any excess charge made, and if such waiver does not involve an increase of the obligation which would have been involved if the regulations had been fully complied with.

[39 FR 34659, Sept. 27, 1974]

§ 200.92 Structural Defects Committee.

(a) Members. The Structural Defects Committee is composed of the following members or their designees: Director, Office of Underwriting Standards, Chairman; Director, Single Family Underwriting Division; Director, Multifamily Underwriting Division; Director, Office of Field Support: Director, Office of Management Systems; including a representative of the Director, Mortgage Insurance Accounting (by agreement with the Assistant Secretary for Administration) and a representative of the Office of General

Counsel and such other members as the Assistant Secretary-Federal Housing Commissioner may designate.

(b) Functions. The functions of the Structural Defects Committee are to take appropriate action in exceptionally difficult or questionable cases relating to expenditures to correct or compensate for structural or other defects which seriously affect the use and livability of a house financed with an insured mortgage following established guidelines pursuant to section 518 of the National Housing Act. The Committee also acts in an advisory capacity in the establishment of guidelines for the processing by production personnel of claims under section 518 of the National Housing Act.

[39 FR 34660, Sept. 27, 1974]

§ 200.93 Multifamily Participation Review

Committee.

(a) Members. The Multifamily Participation Review Committee is composed of the following members: Director, Office of Mortgagee Activities and Participant Compliance; Director, Participation and Compliance Division, Office of Mortgagee Activities and Participant Compliance; Director, Office of Loan Origination; Director, Office of Loan Management; Director, Office of Technical Support; Director, Office of Property Disposition; The General Counsel, or his designees; and such other members as the Assistant Secretary for Housing-Federal Housing Commissioner shall designate. The Director, Office of Mortgagee Activities and Participant Compliance, or his designee, shall serve as Chairman and shall vote only in cases of ties. The Committee shall have an Executive Secretary appointed by the Chairman, who will attend all meetings in a non-voting capacity, present to the Committee each case under consideration, arrange for and keep Committee minutes, issue notices, keep attendance, and execute any responsibilities that the Chairman may assign. The Director, Participation and Compliance Division, shall be empowered to sign all notices, letters and directives on behalf of the Committee.

(b) Functions. The Multifamily Participation Review Committee will act

for the Assistant Secretary for Housing-Federal Housing Commissioner in determining the acceptability of participants in multifamily proposals, taking into consideration all past HUD-FHA experience with the principals.

[41 FR 52450, Nov. 30, 1976]

$200.94 Loan Assistance Committee.

(a) Members. The Loan Assistance Committee is composed of the following members, or their designees: the Director, Office of Loan Origination, Chairman; the Director, Office of Policy Development and Evaluation; the Director, Office of Management; and (by agreement with the Assistant Secretary for Administration) the Director, Office of Finance and Accounting.

(b) Functions. The functions of the Loan Assistance Committee are the review and approval or disapproval of requests for cancellation or waiver of repayment in whole or in part of loans made under section 106 of the Housing and Urban Development Act of 1968 and section 207 of the Appalachian Regional Development Act of 1965, as amended.

[42 FR 25724, May 19, 1977]

MISCELLANEOUS DELEGATIONS

§ 200.95 Insuring Office Directors, Deputy Directors, and Assistants to the Director.

To the position of Director in each HUD Insuring Office, and under his general supervision to the positions of Deputy Director and Assistant to the Director and to each of them there is delegated the following duties and functions:

(a) To execute regulatory agreements and to issue eligibility statements, letters of feasibility, site appraisal and market analysis letters (SAMA), and commitments for insurance and to execute insurance contracts pursuant to such commitments, including mortgage insurance certificates.

(b) To approve a change in amount, a change in term, extension of the date of commencement of construction, extension of the expiration date,

or any other modification in the commitment for insurance or insurance contract.

(c) ΤΟ approve or disapprove "Change Orders" during construction. (d) To make the high cost determinations for the Federal National Mortgage Association prescribed in section 305(g) of the National Housing Act.

(e) To make contracts for mortgage assistance payments under sections 235 and interest reduction payments under section 236 of the National Housing Act and to approve change in amount, change in term, or any other modification in such contracts before the mortgage is approved.

(f) To approve permissible refunds of processing fees.

(g) To approve or disapprove for mortgage insurance, advances of mortgage money during construction and execute such instruments as may be necessary therewith.

(h) To exercise the authority of the Assistant Secretary-Federal Housing Commissioner, where required, in granting prior credit approval under the provisions of title I of the National Housing Act and regulations thereunder.

(i) To act for the Assistant Secretary-Federal Housing Commissioner in determining applicable mortgage limits for communities in the insuring office jurisdiction for all mortgage insurance programs for which the Assistant Secretary-Federal Housing Commissioner is authorized to increase basic mortgage limits provided by law where cost levels so require.

(j) To make reservations of contract authority for mortgage assistance payments under section 235 of the National Housing Act and to modify or cancel such reservations and obligations of contract authority.

(k) To approve loans under section 106 of the Housing and Urban Development Act of 1968 subject to availability of funds, and under section 207 of the Appalachian Regional Development Act of 1965, as amended, subject to the availability of funds and concurrence of the Appalachian Regional Commission and to approve waiver of interest on loans made to nonprofit or

ganizations under the Appalachian Regional Development Act of 1965.

(1) To approve claims and to take appropriate action to contract for repairs or otherwise correct or compensate the owner in accordance with established guidelines pursuant to section 518 of the National Housing Act.

(m) To execute on behalf of the Federal Housing Administration the reimbursement agreement pursuant to

§ 235.12 of this chapter.

(n) To have in addition to any other authority delegated to them, the same final authority delegated to their subordinates.

[39 FR 34660, Sept. 27, 1974, as amended at 41 FR 29141, July 15, 1976]

§ 200.95a Service Office Supervisors and Service Office Underwriters.

To the position of Service Office Supervisor in each HUD Service Office and under his general supervision to the position of Service Office Underwriter there is delegated the following basic authority and functions:

(a) To direct or perform home mortgage insurance functions up to and including the issuance of firm commitments within the geographic area under his jurisdiction.

[39 FR 34660, Sept. 27, 1974]

§ 200.98 Chief Underwriter and Deputy, Chief Mortgage Credit Examiner and Deputy, Chief Appraiser and Deputy, Commitment Appraiser, and Commitment Mortgage Credit Examiner.

To the positions of Chief Underwriter, Deputy Chief Underwriter, Chief Mortgage Credit Examiner, Deputy Chief Mortgage Credit Examiner, Chief Appraiser, Deputy Chief Appraiser, and to each of them, and with respect to the issuance of commitments to the positions of Commitment Appraiser and Commitment Mortgage Credit Examiner, and to each of them, there is delegated the following duties and functions:

(a) To issue commitments for insurance under any home mortgage insurance program and to approve modifications of such commitments for insurance.

(a) To approve and issue feasibility letters, site appraisal and market analysis letters (SAMA), commitments for mortgage insurance and insure mortgages pursuant to mortgage insurance commitments on multifamily housing. [39 FR 34661, Sept. 27, 1974]

§ 200.100 Closing Clerk.

To the position of Closing Clerk and to each of them there is delegated the duty and function to execute in the name of the Assistant Secretary-Commissioner, as authorized agent, mortgage insurance certificates under any home mortgage program and any other documents requiring the signature of the authorized agent incident to completion of the closing of the mortgage insurance transaction.

[36 FR 24467, Dec. 22, 1971, as amended at 39 FR 34661, Sept. 27, 1974]

§ 200.103 Deputy

Assistant SecretaryDeputy Commissioner, Executive Assistant Commissioner, and Directors of HPMC Offices and Divisions.

To the positions designated above there is delegated the duty and function to certify that official long distance telephone calls made were necessary in the interest of the Government, pursuant to 31 U.S.C. 680a (section 4 of the Act approved May 10, 1939, 53 Stat. 738).

[39 FR 34661, Sept. 27, 1974]

§ 200.109 Regional Administrators, Deputy Regional Administrators and Assistant Regional Administrator for Housing Production and Mortgage Credit (Region VIII, Denver).

(1) To allocate Below Market Interest Rate funds to eligible section 221(d)(3) projects and to make reservations of contract authority and to obligate contract authority for rent supplements and for interest reduction payments under section 236 of the National Housing Act and to modify or cancel such allocations and reservations.

(2) To approve or disapprove the eligibility of nonprofit sponsors and nonprofit mortgagors.

(3) To recommend to the Director, Office of Underwriting Standards (HPMC) approval of applications for financial assistance and approval of waiver of repayment of loans made under section 207 of the Appalachian Regional Development Act of 1965, as amended.

(4) To approve or disapprove, following initial endorsement, increases in project mortgage amounts recommended or referred by HUD Area or insuring Offices.

(5) To make reservations of funds and to approve or disapprove loans for housing for the elderly or handicapped under section 202 of the Housing Act of 1959 and to make contracts and execute documents in connection therewith and, with respect to project applications for mortgage insurance under section 236 of the National Housing Act, to determine feasibility under section 236, issue commitments for mortgage insurance under section 236, insure such mortgages pursuant to such commitments, including approval of insured advances during construction, and in connection with section 202 loans to be converted to insured mortgages under section 236, to assign and deliver such mortgages to the permanent lender.

(6) To approve claims in excess of $2,000 under section 518 of the National Housing Act, to advise field offices on exceptionally complex cases referred to them, and to refer difficult or questionable cases to the Structural Defects Committee for action.

(7) To have in addition to any other authority delegated to them, the same final authority delegated to their subordinates.

(8) The duties and functions set forth in § 200.118.

(b) To the Assistant Regional Administrator for Housing Production and Mortgage Credit, Region VIII, Denver, there is delegated the duties and functions as set forth in § 200.118. [39 FR 34661, Sept. 27, 1974, as amended at 42 FR 5044, Jan. 27, 1977]

or

§ 200.110 Chief, Valuation Branch Head, Single-Family Valuation Section and Commitment Appraiser.

To the position of Chief, Valuation Branch or Head, Single-Family Valuation Section, in each HUD Area Office, and under his general supervision to the position of Commitment Appraiser, there is delegated the following basic authority and function: To approve conditional commitments to insure 1- to 4-family housing and Title X project mortgages.

[40 FR 6953, Feb. 18, 1975, as amended at 41 FR 29141, July 15, 1976]

§ 200.111 Chief, Mortgage Credit Branch or Head, Single-Family Mortgage Credit Section and Commitment Mortgage Credit Examiner.

To the position of Chief, Mortgage Credit Branch or Head, Single-Family Mortgage Credit Section, in each HUD Area Office, and under his general supervision to the position of Commitment Mortgage Credit Examiner, there is delegated the following basic authority and functions:

(a) To approve firm commitments for, and to make interest assistance payment contracts in conjunction with, the insuring of 1- to 4-family housing and Title X project mortgages.

(b) To grant prior credit approval under the provisions of title I of the National Housing Act and regulations thereunder.

[36 FR 24467, Dec. 22, 1971, as amended at 38 FR 2759, Jan. 30, 1973; 40 FR 6953, Feb. 18, 1975; 41 FR 29141, July 15, 1976]

§ 200.112 Chief, Mortgage Credit Branch or Head, Multifamily Mortgage Credit Section.

To the position of Chief, Mortgage Credit Branch or Head, Multifamily