When H.R. 3700, the “Housing Opportunity Through Modernization Act,” was signed into law earlier this year, the Department of Housing and Urban Development (HUD) had 90 days to weigh in on regulations related to Federal Housing Administration (FHA) financing for condominiums before changes automatically went into effect. These included rules regarding owner-occupancy rates and treatment of spot loans, among other things.
Challenge remains regarding FHA condo financing
In response to H.R. 3700, HUD just released a proposed rule on condominiums which includes positive changes, like a return of spot loans (condo loans for a single unit that don’t require approval of the whole development) as well as an extension of the certification period. However, the rule also includes a proposal setting owner-occupancy rate requirements inside of a range of 25 % to 75 %, despite a 35 % requirement specified by H.R. 3700.
While the National Association of Realtors® (NAR) praised elements of the rule, it said that it remains concerned about an overly high owner-occupancy threshold. NAR cited estimates showing that that less than 10 percent of all condos are FHA certified as evidence that more ought to be done.
NAR President Tom Salomone expressed disappointment that HUD chose to defer the owner-occupancy decision, but he said Realtors would work with HUD to establish a data-driven threshold.
“Realtors have for years raised concerns in Congress over restrictions on FHA financing for condominiums – particularly for first-time and low-to-middle income buyers looking to purchase a home,” Salomone says. “We were joined by a cadre of supporters from all sides, and both the House and Senate unanimously passed legislation this year that answered those concerns and indicated its support for lower owner-occupancy requirements.
“HUD’s proposed rule sets a wide potential range when compared with the 35% Congress suggested in H.R. 3700 – a figure NAR believes is a more appropriate and productive threshold. HUD has the authority right now to set the owner-occupancy requirement at 35 % while the regulatory process moves forward, and we would urge them to consider that option rather than defer the decision for an indeterminate amount of time.”
Salomone says the proposed rule from HUD also “includes some hard-fought victories, particularly regarding the treatment of spot loans, (but) its treatment of owner-occupancy ignores the legislative intent of Congress and ultimately maintains an FHA regulation that puts home ownership further out of reach.
“To be clear, this is by no means the end of the road,” he adds. “HUD has requested comment through the public on this proposed rule, and Realtors will certainly make their voices and concerns heard. We’re disappointed with elements of the proposal but remain encouraged that our partners at all levels are keeping the spotlight on this important issue.”