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Compliance Requirements for HUD 223(f) Loans  

HUD provides a list of suggested Compliance Requirements and Audit Areas for HUD’s FHA multifamily housing programs. A few of these requirements are listed below:

  • Mortgage Status: All payments must be made promptly according to the terms of the the note and mortgage.

  • Federal Financial Reports: Projects must ensure that all financial reports contain reliable data. These reports must be presented according to terms of agreements between HUD and the project owners and managers. If a project experiences management or financial difficulties or is suspected of noncompliance, HUD may require monthly reports.

  • Fair Housing and Nondiscrimination: In accordance with the Fair Housing Act, owners and management cannot engage in discriminatory practices regarding the acceptance of applications, renting units, and designating units for renting.

  • Replacement Reserves: If necessary, owners must set up a replacement reserve account and make deposits according to HUD requirements. The account must be placed under the lender’s control. Disbursements may be made only after HUD’s consent.

  • Cash Disbursements: Disbursements from a project’s regular operating account must only be used to pay reasonable expenses and must be backed up by bills, invoices, or other approved documentation.

Further Reading:

For a more extensive discussion of Compliance Requirements, read Chapter 3 HUD Multifamily Housing Programs.

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Special Purpose Entities (SPEs) in Relation to HUD 223(f) Loans
Special Purpose Entities (SPEs) in Relation to HUD 223(f) Loans

If you’re a HUD 223(f) loan borrower, in most cases, you will have to structure the legal entity that borrows the funds as a Special Purpose Entity, or SPE. The SPE will then own the project itself.

Multifamily Accelerated Processing (MAP) and the HUD 223(f) Loan Program
Multifamily Accelerated Processing (MAP) and the HUD 223(f) Loan Program

If you want to get a HUD 223(f) loan, there are two ways in which you may be able to apply: through MAP, or Multifamily Accelerated Processing, or TAP, or Traditional Application Processing.

Can HUD 223(f) Loans Be Used for Student Housing?
Can HUD 223(f) Loans Be Used for Student Housing?

If you want to purchase or refinance a student housing property, can you use a HUD 223(f) loan to do so? The answer is yes— but there are certain conditions you should know about, first.

Do HUD 223(f) Loans Allow for Supplemental Financing?
Do HUD 223(f) Loans Allow for Supplemental Financing?

If you already have a HUD 223(f) loan, but want to make additional upgrades to your property, a HUD 241(a) supplemental loan could be the perfect way to do it. HUD 241(a) loans can allow 223(f) loan borrowers to make energy efficient improvements, purchase necessary safety equipment, or even to expand current structures on their property.

Escrows and Replacement Reserves for HUD 223(f) Loans
Escrows and Replacement Reserves for HUD 223(f) Loans

Like most other kinds of HUD multifamily loans, HUD 223(f) loans require monthly escrows. Taxes and insurance are escrowed monthly, as are required replacement reserves, which are established by a Project Capital Needs Assessment (PCNA). Replacement reserve amounts must follow HUD rules, which mandate that they be set at a minimum of $250/unit per year.

Do Davis Bacon Wage Requirements Apply to HUD 223(f) Loans?
Do Davis Bacon Wage Requirements Apply to HUD 223(f) Loans?

Davis Bacon wage requirements mandate that workers on projects that use federal programs, such as HUD multifamily mortgage insurance, are paid the prevailing wage for that area. These rules apply to certain HUD multifamily construction loans, such as HUD 221(d)(4) loans, but do not typically apply to HUD 223(f) loans.

What Properties Are Eligible for HUD 223(f) Financing?
What Properties Are Eligible for HUD 223(f) Financing?

HUD 223(f) loans offer incredibly generous terms-- including 35-year, fully amortizing, fixed-rate financing, and nearly unbeatable leverage. But what kinds of properties can be financed with a HUD 223(f) loan? In general, properties must have 5+ units, and each unit must have a complete kitchen and bathroom. Independent living seniors housing properties are allowed, but assisted living properties are not. Student housing properties are permitted, but only if rented by the unit, not by the bed or room.

Can You Get a Rate Lock on a HUD 223(f) Loan?
Can You Get a Rate Lock on a HUD 223(f) Loan?

If you're an investor looking to take out a HUD 223(f) loan to acquire or refinance a multifamily property, it's to your advantage to know what interest rate you'll be paying as soon as possible. While early rate locks are not available for HUD 223(f) financing, rate locks are available at HUD firm commitment, which is usually around 30-45 days before closing. Rate locks typically cost between 0.5% and 1% of the total loan amount and are refunded at closing. 

How Long do HUD 223(f) Loans Take to Close?
How Long do HUD 223(f) Loans Take to Close?

How long does it take for a HUD 223(f) loan to close? The answer can vary-- based on factors including how long it takes to perform due diligence on the borrower, and how long it takes to produce essential third-party reports on the property. In the best case scenario, a HUD 223(f) loan will take about 135 days, or 4.5 months to from initial engagement to close. However, if complexities arise, the HUD 223(f) loan process could take 6 months or more. 

Can HUD 223(f) Loans Finance Section 202 Properties? 
Can HUD 223(f) Loans Finance Section 202 Properties? 

HUD 223(f) loans can be used to acquire Section 202 properties, and they are subject to the same LTV and DSCR parameters as properties using other rental assistance properties, such as Section 8. The HUD 202 program is specifically intended to help increase the supply of affordable housing for very low-income elderly individuals across the United States by providing interest-free capital advances and rent subsidies to improve the affordability of the properties for their intended residents.

FHA multifamily acquisition and rehabilitation financing doesn't need to be as confusing and complicated as it was in the past. Click the button below to speak with a HUD 223f loan advisor and get a free quote today.

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