[Code of Federal Regulations] [Title 7, Volume 15] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR3560.63] [Page 491-492] TITLE 7--AGRICULTURE CHAPTER XXXV--RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE PART 3560_DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS--Table of Contents Subpart B_Direct Loan and Grant Origination Sec. 3560.63 Loan limits. (a) Determining the security value. The security value for an Agency loan is the lesser of the total development cost (exclusive of any developer's fee as provided by paragraph (d)(2) of this section) or the housing project's security value as determined by an appraisal conducted in accordance with subpart P of this part, minus any prior or parity liens on the housing project. For purposes of determining security value: (1) Total development cost must be calculated excluding costs not considered allowable under Sec. 3560.54(a), and excluding costs related to compliance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. (2) The appraisal, which will determine the market value, subject to restricted rents, will be obtained by the Agency and conducted in accordance with subpart P of this part. (b) Limitations on loan amounts. The Agency will not make any loans without adequate security. The following limitations will be set on loan amounts: (1) For all loan applicants who will receive benefits from the low- income housing tax credit program, the amount of Agency financing for the housing will not exceed 95 percent of the security value available for the Agency loan. (2) For all loan applicants who will not receive low-income housing tax credit benefits and who are comprised solely of nonprofit organizations, consumer cooperatives, or state or local public agencies, the amount of the loan will be limited to the security value available for the Agency loan, plus the 2 percent initial operating capital and any necessary relocation costs incurred. (3) For all other loan applicants who will not receive low-income housing tax credit benefits, the loan amount will be limited to no more than 97 percent of the security value available for the Agency loan. (c) Equity contribution. Loan applicants, with the exception of nonprofit organizations, consumer cooperatives, or state or local public agencies who will not be receiving tax credits, must make an equity contribution from their own resources. (1) Loan applicants who will receive benefits from the low-income housing tax credit program must make an equity contribution in the amount of 5 percent of the Agency loan. The maximum Agency loan will be determined in accordance with Sec. 3560.63(b). [[Page 492]] (2) Loan applicants who will not receive benefits from the low- income housing tax credit program and are not nonprofit organizations, consumer cooperatives, or state or local public agencies must make an equity contribution in the amount of 3 percent of the Agency loan. The maximum Agency loan will be determined in accordance with Sec. 3560.63(b). (d) Review of assistance from multiple sources. The Agency will analyze Federal Government and other assistance provided to any MFH project to establish the maximum loan amount and to assure that the assistance is not more than the minimum necessary to make the housing affordable, decent, safe, and sanitary to potential tenants. (1) Determining minimum assistance. For purposes of determining minimum assistance, the total amount paid for builder's profit, overhead, and general requirements may not exceed 21 percent of the construction contract. Unless specified differently in a Memorandum of Understanding between the Agency and the state agency that allocates low-income housing tax credits, limits will be those specified in Sec. 3560.53(l). (2) Developer's fee. While, in accordance with Sec. 3560.54(a)(9), payment of a developer's fee is not an eligible use of Agency loan funds, the Agency will include in total development costs a developer's fee paid from other sources when analyzing the Federal Government assistance to the housing. The Agency may recognize a developer's fee paid from other sources on construction or rehabilitation of up to 15 percent of the total development costs authorized for low-income housing tax credit purposes, or by another Federal Government program. Likewise for transfer proposals that include acquisition costs, the developer's fee on the acquisition cost may be recognized up to 8 percent of the acquisition costs only when authorized under a Federal Government program providing assistance. The developer's fee is not included in determining the Agency's maximum debt limit and loan amount. (e) Limits on equity loans. For equity loans to avert prepayment, the amount of the Agency equity loan will be limited to no more than the difference between 90 percent of market value of the property when appraised as conventional unsubsidized MFH and all current unpaid balances. For information on appraisal issues, refer to subpart P of this part. (f) Cost overruns. (1) All applicants must agree in writing to provide funds at no cost to the housing and without pledging the housing as security to pay any cost for completing planned construction after the maximum debt limit is reached. (2) After loan approval, the Agency will only approve cost increases for housing proposals involving new construction or major rehabilitation when the additional costs will not cause the limits specified in Sec. 3560.53(l) or the maximum debt limit to be exceeded and the cost increases were caused by: (i) Unforeseen factors that are determined by the Agency to be beyond the borrower's control; (ii) Design changes required by the Agency, state, or the local government; or (iii) Financing changes approved by the Agency.