title of the Housing Act. Such refinancing results in prepayment of the existing insured
mortgage. The new, refinanced mortgage loan is limited to the original principal amount of the
existing mortgage loan and the unexpired term of the existing mortgage loan plus 12 years.
Section 223(d) (Operating Loss Loans).
Section 223(d) of the Housing Act provides for
FHA insurance of separate loans that cover (1) operating losses during the first 2 years after
completion or (2) up to 80% of the unreimbursed cash contributions by the project owner
during any period of up to two years within the first 10 years after date of completion of the
project. The project must be secured by an existing HUD-insured first mortgage loan.
Section 223(f) (Purchase or Refinancing of Existing Projects).
Section 223(f) of the
Housing Act provides for federal insurance of mortgage loans originated by FHA-approved
lenders in connection with the purchase or refinancing of existing multifamily housing
complexes, hospitals and nursing homes that do not require substantial rehabilitation. The
principal objective of the Section 223(f) program is to permit the refinancing of mortgage loans
to provide for a lower debt service or the purchase of existing properties in order to preserve an
adequate supply of affordable rental housing. Such projects may have been financed originally
with conventional or FHA-insured mortgage loans.
Section 232 (Mortgage Insurance for Nursing Homes, Immediate Care Facilities and Board
and Care Homes).
Section 232 of the Housing Act provides for FHA insurance of private
construction mortgage loans to finance new or rehabilitated nursing homes, intermediate care
facilities, board and care homes, assisted living for the frail or elderly or allowable combinations
thereof, including equipment to be used in their operation. Section 232 also provides for
supplemental loans to finance the purchase and installation of fire safety equipment in these
facilities.
Section 241 (Supplemental Loans for Multifamily Projects).
Section 241 of the Housing
Act provides for FHA insurance to finance property improvements, energy-conserving improve-
ments or additions to any FHA-insured multifamily loan. The overall purpose of the Section 241
loan program is to provide a project with a means to remain competitive, to extend its economic
life and to finance the replacement of obsolete equipment without the refinancing of the
existing mortgage.
Section 538 Guarantee Program
The Section 538 Guaranteed Rural Rental Housing program ("Section 538") is under the
United States Department of Agriculture Rural Development ("Rural Development"). The
authorizing statute is Title V of the Housing Act. Rural Development operates a broad range of
programs that were formerly administered by the Rural Housing Service and the Farmers Home
Administration to support affordable housing and community development in rural areas.
Mortgage loans are provided by Rural Development-approved multifamily lenders, including
state and local housing agencies. The Mortgage Loan guaranteed under the program described
below will have the maturity and amortization features as Rural Development may approve.
Tenant eligibility for Section 538-guaranteed projects is restricted to persons with income
not in excess of 115% of the area median income.
The following is a summary of Section 538 under which one of the Mortgage Loans is
guaranteed.
Section 538.
Section 538 was established pursuant to Title V of the Housing Act.
Section 538 is designed to increase the supply of affordable rural rental housing, through the
use of loan guarantees that encourage partnerships between Rural Development, private
lenders and public agencies.
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