Tag Archive for: CFPB

HAC News: November 12, 2014

HAC News Formats. pdf

November 12, 2014
Vol. 43, No. 23

• November is National Native American Heritage Month • Congress returns for lame duck sessionCongress returns for lame duck session • Judge strikes down HUD’s disparate impact rule • CFPB amends qualified mortgage regulation, HUD accepts some changes • Regulatory agencies propose flood insurance updates • Input requested for HUD Code changes • Farmworker incomes unchanged, averaging under $20,000 • HUD releases annual fair housing report • HUD reports reductions in homelessness • GAO recommends changes in program offering surplus federal property for homeless • HAC News takes a break • THERE’S STILL TIME TO REGISTER FOR THE CONFERENCE!

November 12, 2014
Vol. 43, No. 23

NOVEMBER IS NATIONAL NATIVE AMERICAN HERITAGE MONTH. President Obama’s proclamation also designates November 28 as Native American Heritage Day.

CONGRESS RETURNS FOR LAME DUCK SESSION. Both the House and Senate reconvene November 12 for a post-election session. A final FY15 spending package is on the agenda, with the current stopgap continuing resolution set to expire on December 11. Most observers are predicting a full-year continuing resolution or omnibus appropriations bill through September 30, 2015. Passage may be complicated, however, by the Obama administration’s request for $6.2 billion in emergency funds to fight Ebola. As reported in a HAC post on the Rooflines blog, some important committee positions will change in the new Congress, which takes office in January. HAC will post updates as available.

JUDGE STRIKES DOWN HUD’S DISPARATE IMPACT RULE. On November 3 a federal district court judge, ruling that HUD could not extend the Fair Housing Act’s ban on disparate treatment to include disparate impact, vacated HUD’s 2013 regulation on the subject (see HAC News, 2/20/13). During its current term the Supreme Court is expected to consider a different disparate impact case.

CFPB AMENDS QUALIFIED MORTGAGE REGULATION, HUD ACCEPTS SOME CHANGES. A final Consumer Financial Protection Bureau rule adopts an April proposal (see HAC News, 5/14/14), exempting some nonprofits and loans by nonprofits from some requirements and providing a way to cure some points and fees that exceed the qualified mortgage limits. Contact CFPB’s Office of Regulations, 202-435-7700. CFPB’s nonprofit exemptions will apply also to HUD’s qualified mortgage rule, but HUD is not adopting CFPB’s new points and fees cure provision, instead providing guidance to mortgagees. Contact Michael P. Nixon, HUD, 202-402-5216, ext. 3094.

REGULATORY AGENCIES PROPOSE FLOOD INSURANCE UPDATES. The federal agencies that oversee lenders, including credit unions, suggest changes to implement statutory requirements. Comments are due December 29. Contact Rhonda L. Daniels, Office of the Comptroller of the Currency, 202-649-5405.

INPUT REQUESTED FOR HUD CODE CHANGES. Proposed revisions to HUD’s Manufactured Home Construction and Safety Standards are due December 31 and will be reviewed by the Manufactured Housing Consensus Committee as it develops recommendations to HUD. Contact Pamela Beck Danner, HUD, 202-708-6423.

FARMWORKER INCOMES UNCHANGED, AVERAGING UNDER $20,000. A new memo from Farmworker Justice examines data from the Department of Labor’s 2011-12 National Agricultural Workers Survey. One-quarter of farmworker families live in poverty but, since the survey does not include dependents outside the U.S., Farmworker Justice believes the figure should be higher. Survey responses indicated 48% of workers lack work authorization, but that figure is probably understated as well. In 2011-12, only 17% of crop workers were migrants, compared to 27% in 2007-09 and 42% in 2001-02.

HUD RELEASES ANNUAL FAIR HOUSING REPORT. Covering fiscal years 2012 and 2013, the report provides national and state level data on complaints filed and their disposition, as well as complaints initiated by HUD. Discrimination against persons with disabilities remains the largest category of complaints received.

HUD REPORTS REDUCTIONS IN HOMELESSNESS. HUD’s 2014 Annual Homeless Assessment Report to Congresssays homelessness has dropped by 10% since 2010, and the number of people living on the street has declined 25%. Veteran homelessness has fallen 10.5% since 2013 and 33% since 2010. Data are available for each state and each Continuum of Care, some of which did experience increases from 2013 to 2014.

GAO RECOMMENDS CHANGES IN PROGRAM OFFERING SURPLUS FEDERAL PROPERTY FOR HOMELESS. Federal Real Property: More Useful Information to Providers Could Improve the Homeless Assistance Program (GAO-14-739) addresses HUD’s program that makes unused federal real property available to homeless assistance providers. Contact David J.Wise, GAO, 202-512-2834.

HAC NEWS TAKES A BREAK. The next issue of the HAC News is scheduled for the week of December 8, after the Thanksgiving holiday and the HAC Rural Housing Conference 2014. Check HAC’s website for news in the meantime.

THERE’S STILL TIME TO REGISTER FOR THE CONFERENCE! Register online for the HAC Rural Housing Conference 2014: Retool, Rebuild, Renew, in Washington, DC, December 3-5 with pre-conference activities December 2. Contact HAC staff, registration@ruralhome.org.

HAC News: February 20, 2013

HAC News Formats. pdf

February 20, 2013
Vol. 42, No. 4

• USDA and HUD estimate sequestration impacts • Key congressional committees set agendas • USDA allows more debt for energy efficient homes • Section 523 grantees to be funded at 40%, pending appropriations • CDFI bond guarantee program implemented • HUD issues final fair housing rule on discriminatory effects • Regulators set four final rules on mortgages • HAC posts its comments to CFPB on ability to repay • USDA issues final broadband program rule • HUD extends FHA PowerSaver home energy retrofit pilot • HUD proposes some streamlining for FHA single-family insurance • Transit oriented development is subject of HAC blog post • HAC publishes Native American homelessness toolkit


February 20, 2013
Vol. 42, No. 4

USDA AND HUD ESTIMATE SEQUESTRATION IMPACTS. In a letter to Senate Appropriations Committee Chair Barbara Mikulski (D-MD), USDA Secretary Tom Vilsack stated that if funding for the remainder of FY13 is cut on March 1 (see HAC News, 2/6/13), USDA will need to eliminate Rental Assistance for 10,000 households, not only making their homes unaffordable but also reducing funds available to owners for maintenance and mortgage payments. HUD Secretary Shaun Donovan testified before the committee on February 14, detailing numerous potential program cuts at HUD.

KEY CONGRESSIONAL COMMITTEES SET AGENDAS. HAC has posted a comparison of the action plans for the 113th Congress set by the congressional committees that have authority over housing programs. The House Financial Services Committee Oversight Plan mentions the impact of 2010 Census data on eligibility for USDA housing programs (see HAC News, 9/26/12). The House committee amended the plan as first proposed by Chairman Jeb Hensarling (R-TX), adding a paragraph on veterans housing and deleting language critical of NAHASDA and CDBG.

USDA ALLOWS MORE DEBT FOR ENERGY EFFICIENT HOMES. To replace the discontinued Rural Energy Plus program (see HAC News, 9/26/12) for Section 502 direct loans, an Unnumbered Letter dated February 14, 2013 tells agency staff that because energy efficiency lowers utility costs, it may be treated as a “compensating factor” that indicates a homebuyer can safely assume more debt than USDA’s standard amount. Rural Energy Plus remains in place for Section 502 guaranteed loans. Contact Christopher Ketner, RD, 202-690-1530.

SECTION 523 GRANTEES TO BE FUNDED AT 40%, PENDING APPROPRIATIONS. Using funds carried over from FY12 and appropriated for FY13 through March 27, USDA will renew contracts of performing self-help grantees at 40% of the amount of their two-year contracts. New contract language will say each grantee may not start more than 40% of the units proposed for the first year of its contract until additional funds are appropriated.

CDFI BOND GUARANTEE PROGRAM IMPLEMENTED. An interim rule makes this new program effective on April 8, and the CDFI Fund will also accept comments until that date. The CDFI Fund will guarantee bonds issued by approved CDFIs to raise lending capital. Contact Lisa M. Jones, CDFI Fund, 202-653-0421.

HUD ISSUES FINAL FAIR HOUSING RULE ON DISCRIMINATORY EFFECTS. The regulation formalizes the standard and process for determining whether a practice had a discriminatory effect, regardless of whether there was an intent to discriminate. Contact Jeanine Worden, HUD, 202-402-5188.

REGULATORS SET FOUR FINAL RULES ON MORTGAGES, implementing provisions of the Dodd-Frank Act. The Consumer Financial Protection Bureau issued final regulations on mortgage servicing under RESPA and the Truth in Lending Act (contact Whitney Patross, CFPB, 202-435-7700) and on loan originator compensation and related requirements (contact Daniel C. Brown, CFPB, 202-435-7700). Other regulators joined CFPB to set a regulation that requires appraisals for higher-risk mortgages (contact Lorna Neill, Federal Reserve Board, 202-452-3667).

HAC POSTS ITS COMMENTS TO CFPB ON ABILITY TO REPAY. Visit HAC’s website.Comments are due February 25 (see HAC News, 2/6/13). Contact Mike Feinberg, HAC, 202-842-8600.

USDA ISSUES FINAL BROADBAND PROGRAM RULE. The Rural Broadband Access Loan and Loan Guarantee Program funds the costs of construction, improvement, and acquisition of facilities and equipment for rural broadband service. Contact a Rural Development office.

HUD EXTENDS FHA POWERSAVER HOME ENERGY RETROFIT PILOT. FHA insurance will continue to be available through May 4, 2015 for loans to homeowners to finance energy-saving alterations, repairs, and improvements in existing structures or manufactured homes. Contact Patricia McBarron, HUD, 202-708-2121.

HUD PROPOSES SOME STREAMLINING FOR FHA SINGLE-FAMILY INSURANCE. The changes would eliminate the FHA Inspector Roster and the requirement for a 10-year protection plan for high loan-to-value mortgages for newly constructed single-family homes. Comments are due April 8, 2013. Contact Karin Hill, HUD, 202-708-2121.

TRANSIT ORIENTED DEVELOPMENT IS SUBJECT OF HAC BLOG POST. HAC’s latest post on Shelterforce magazine’s Rooflines blog is “What Does the Push for Transit Oriented Development Mean for Rural Areas?” Readers can comment on the blog or on the LinkedIn discussion about this post.

HAC PUBLISHES NATIVE AMERICAN HOMELESSNESS TOOLKIT. Conducting Homeless Counts on Native American Lands – A Toolkit highlights steps, tools, and methods that can be used by American Indian, Alaska Native, and Hawaiian Home Lands communities to obtain accurate counts. Print copies are available from Dan Stern, HAC, 202-842-8600, for $4.00 including shipping and handling.

Comments to CFPB's Proposed Amendments to Repay Standards under TLA

 

HAC Comments on the Consumer Financial Protection Bureau’s (CFPB’s) Proposed Amendments to the Ability to Repay Standards under the Truth in Lending Act

On January 30, 2013, the Consumer Financial Protection Bureau (the Bureau) published a Final Rule implementing certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank Act) intended to restore confidence in the mortgage market.  This regulation requires lenders to obtain and verify information to determine whether a consumer can afford to repay the proposed mortgage. It also sets forth the criteria for a Qualified Mortgage loan.  Lenders will be presumed to have complied with the rule if they issue Qualified Mortgages.  

Concurrent with the Final Rule, the Bureau is proposing amendments to exempt certain nonprofit creditors and certain homeownership stabilization programs from meeting the Qualified Mortgage requirements.  The Bureau also proposes an additional definition to consider certain loans made and held in portfolio by small creditors as Qualified Mortgages. 

HAC’s comments have been revised to remove a reference to the Qualified Residential Mortgage rule, which is a separate rule packageDownload a copy of the Housing Assistance Council’s (HAC’s) comments (PDF).  Please feel free to adopt or consider HAC’s letter (Word Doc) for your own comments.  HAC’s comments address certain provisions in the Final Rule and the Proposed Rule.  Please contact Michael Feinberg (Michael@ruralhome.org) with any questions or comments. 

Comments are due to the Bureau by February 25, 2013. 


HAC News: February 6, 2013

HAC News Formats. pdf

February 6, 2013
Vol. 42, No. 3

• February is African American History Month • Series of federal funding decision points looms • Senate committee requests input on its budget resolution • Hurricane Sandy funds approved • HUD offers grants for Native American construction research • Downpayment sources for FHA mortgages addressed • USDA expands Section 502 refinance pilot • RD will continue to accept third-party inspections for 502 direct • Post-closing servicing requirements for MPR properties reiterated • RD addresses servicing for 515 borrowers who received damages • CFPB seeks comments on ability-to-pay rules • CFPB expands HOEPA coverage and housing counseling requirement • CFPB requires copies of appraisals • HUD requests ideas on AHS changes • 44% of U.S. households are “liquid asset poor” • History of rural housing programs summarized in HAC blog post


February 6, 2013
Vol. 42, No. 3

FEBRUARY IS AFRICAN AMERICAN HISTORY MONTH. President Obama’s proclamation is posted online.

SERIES OF FEDERAL FUNDING DECISION POINTS LOOMS. March 1: Automatic, across-the-board spending cuts in discretionary domestic programs (5.1%) and defense will occur unless Congress acts to avert them. March date unknown: The Administration will release its FY14 budget proposal. March 27: The continuing resolution that has provided FY13 funding ends and the government will shut down unless Congress takes action. April 15: Legislators’ salaries will begin to be escrowed as required by the debt ceiling increase bill signed into law by President Obama on February 4, unless/until Congress passes a concurrent budget resolution for FY14. A budget resolution is not binding, so the appropriations committees can begin considering FY14 funding bills without it. May 18/August date unknown: The debt ceiling is suspended through May 18 and then it increases by a formula that is expected to enable the federal government to continue meeting its debts until sometime in August.

SENATE COMMITTEE REQUESTS INPUT ON ITS BUDGET RESOLUTION. Senate Budget Committee chair Patty Murray (D-WA) invites comments and suggestions online.

HURRICANE SANDY FUNDS APPROVED. On January 29 President Obama signed into law a $50.5 billion supplemental appropriations bill that includes $16 billion in disaster CDBG funding for jurisdictions impacted by Hurricane Sandy or any other presidentially declared disaster in 2011, 2012, or 2013.

HUD OFFERS GRANTS FOR NATIVE AMERICAN CONSTRUCTION RESEARCH. Tribes, nonprofits, foundations, and institutions of higher education can apply by March 25 for the Transformation Initiative: Sustainable Construction in Indian Country Small Grant Program. Contact Mike Blanford, HUD, 202-402-5728.

USDA EXPANDS SECTION 502 REFINANCE PILOT. Fifteen states and Puerto Rico are added to the original 19 states (see HAC News, 2/8/12) where Section 502 direct and guaranteed borrowers who are current on payments can refinance to guaranteed loans with lower interest rates. Administrative Notice 4707 is available online or from USDA offices. Contact a USDA office or Kristina Zehr, RD, 309-452-0830, ext. 111.

RD WILL CONTINUE TO ACCEPT THIRD-PARTY INSPECTIONS FOR 502 DIRECT. An Unnumbered Letter dated January 7, 2013 repeats an October 27, 2011 UL.

POST-CLOSING SERVICING REQUIREMENTS FOR MPR PROPERTIES REITERATED. An Unnumbered Letter dated January 22, 2013 repeats a June 21, 2011 UL.

RD ADDRESSES SERVICING FOR 515 BORROWERS WHO RECEIVED DAMAGES. A UL reminds field staff that owners who received damages after settling prepayment litigation are not eligible for incentives or for prepayment.

CFPB SEEKS COMMENTS ON ABILITY-TO-PAY RULES. Comments are due February 25 on Consumer Financial Protection Bureau amendments to its ability-to-pay/qualified mortgage regulation (see HAC News, 1/23/13). Possible changes include exemptions for nonprofits, HFAs, and NFP grantees, and qualified mortgage status for small lenders. HAC will try to make its comments available before the deadline. Contact Jennifer B. Kozma, CFPB, 202-435-7700.

CFPB EXPANDS HOEPA COVERAGE AND HOUSING COUNSELING REQUIREMENT. A final rule expands the types of high cost mortgage loans that are subject to the Home Ownership and Equity Protections Act; imposes new requirements on HOEPA-covered mortgages, including a pre-loan counseling requirement; and exempts reverse mortgages (which were previously exempt), initial construction loans, loans originated and financed by housing finance agencies, and USDA Section 502 direct loans. Contact Richard Arculin, CFPB, 202-435-7700.

CFPB REQUIRES COPIES OF APPRAISALS. Another final rule implements a requirement for lenders to provide applicants with copies of appraisals in connection with applications for first lien mortgages, rather than providing copies only when applicants request them. Contact Owen Bonheimer, CFPB, 202-435-7000.

HUD REQUESTS IDEAS ON AHS CHANGES. HUD seeks input by April 2 on concerns related to redesigning the American Housing Survey sample, content that should be added or dropped, and ideas for data dissemination. Contact Shawn Bucholtz, HUD, 202-402-5538. HAC will try to make its comments available before the deadline.

44% OF U.S. HOUSEHOLDS ARE “LIQUID ASSET POOR” and 26% are “net worth asset poor.” The Corporation for Enterprise Development’s 2013 Assets and Opportunities Scorecard reports that most of these low-asset households have below-poverty level incomes, and a disproportionate number are minorities. Additional data, including state figures, are available online.

HISTORY OF RURAL HOUSING PROGRAMS SUMMARIZED IN HAC BLOG POST. HAC’s latest post on Shelterforce magazine’s Rooflines blog is “So Why Are Those Rural Housing Programs at USDA Anyway?”

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