1、329 Office of Assistant Secretary for Housing, HUD Pt. 232 to section 207 of the Act shall be con-strued to refer to section 231 of the Act. PART 232MORTGAGE INSUR-ANCE FOR NURSING HOMES, IN-TERMEDIATE CARE FACILITIES, BOARD AND CARE HOMES, AND ASSISTED LIVING FACILITIES Subpart AEligibility Require
2、ments Sec. 232.1 Eligibility requirements. 232.2 License. 232.3 Bathroom. Subpart BContract Rights and Obligations 232.251 Cross-reference. 232.252 Definitions. Subpart CEligibility RequirementsSup-plemental Loans To Finance Purchase and Installation of Fire Safety Equip-ment 232.500 Definitions. FE
3、ES AND CHARGES 232.505 Application and application fee. 232.510 Commitment and commitment fee. 232.515 Refund of fees. 232.520 Maximum fees and charges by lend-er. 232.522 Inspection fee. ELIGIBLE SECURITY INSTRUMENTS 232.525 Note and security form. 232.530 Disbursement of proceeds. 232.535 Loan mul
4、tiplesminimum principal. 232.540 Method of loan payment and amorti-zation period. 232.545 Covenant against liens. 232.550 Accumulation of next premium. 232.555 Security instrument and lien. 232.560 Interest rate. 232.565 Maximum loan amount. 232.570 Endorsement of credit instrument. 232.580 Applicat
5、ion of payments. 232.585 Prepayment privilege and prepay-ment charge. 232.586 Minimum principal loan amount. PROPERTY REQUIREMENTS 232.590 Eligibility of property. 232.591 Smoke detectors. TITLE 232.595 Eligibility of title. 232.600 Title evidence. FORM OF CONTRACT 232.605 Contract requirements. COS
6、T CERTIFICATION REQUIREMENTS 232.610 Certification of cost requirements. ELIGIBLE BORROWERS 232.615 Eligible borrowers. 232.616 Disclosure and verification of Social Security and Employer Identification Numbers. SPECIAL REQUIREMENTS 232.620 Determination of compliance by HHS. 232.625 Discrimination
7、prohibited. 232.630 Assurance of completion. Subpart DContract Rights and Obligations 232.800 Definitions. PREMIUMS 232.805 Insurance premiums. 232.805a Mortgagees late charge. 232.815 Termination of insurance. 232.825 Pro rata refund of insurance pre-mium. RIGHTS AND DUTIES OF LENDER UNDER THE CONT
8、RACT OF INSURANCE 232.830 Definition of default. 232.840 Date of default. 232.850 Notice of default. 232.860 Commissioners right to require ac-celeration. 232.865 Election by lender. 232.875 Maximum claim period. 232.880 Items to be delivered on submitting claim. 232.885 Insurance benefits. 232.890
9、Characteristics of debentures. 232.893 Cash adjustment. ASSIGNMENTS 232.895 Assignment of insured loans. EXTENSION OF TIME 232.897 Actions to be taken by lender. Subpart EInsurance of Mortgages Covering Existing Projects 232.901 Mortgages covering existing projects are eligible for insurance. 232.90
10、2 Eligible project. 232.903 Maximum mortgage limitations. 232.904 Terms of the mortgage. 232.905 Labor standards and prevailing wage requirements. 232.906 Processing of applications and re-quired fees. AUTHORITY: 12 U.S.C. 1715b, 1715w; 42 U.S.C. 3535(d). SOURCE: 36 FR 24618, Dec. 22, 1971, unless o
11、therwise noted. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-330 24 CFR Ch. II (4111 Edition) 232.1
12、Subpart AEligibility Requirements SOURCE: 61 FR 14406, Apr. 1, 1996, unless otherwise noted. 232.1 Eligibility requirements. The requirements set forth in 24 CFR part 200, subpart A, apply to multi-family project mortgages insured under section 232 of the National Housing Act (12 U.S.C. 1715w), as a
13、mended. 232.2 License. The Commissioner shall not insure any mortgage under this part unless the facility is regulated by the State, municipality or other political subdivi-sion in which the facility is or is to be located, and the appropriate agency for such jurisdiction provides a license, certifi
14、cate or other assurances the Commissioner considers necessary, that the facility complies with any ap-plicable State or local standards and requirements for such facility. 232.3 Bathroom. Not less than one full bathroom must be provided for every four residents of a board and care home or assisted l
15、iv-ing facility, and bathroom access from any bedroom or sleeping area must not pass through a public corridor or area. Subpart BContract Rights and Obligations 232.251 Cross-reference. (a) All of the provisions, except 207.258b, of part 207, subpart B of this chapter relating to mortgages insured u
16、nder section 207 of the National Hous-ing Act, apply to mortgages insured under section 232 of the Act. (b) For the purposes of this subpart all references in part 207 of this chapter to section 207 of the Act shall be con-strued to refer to section 232 of the Act. 36 FR 24618, Dec. 22, 1971, as ame
17、nded at 50 FR 38787, Sept. 25, 1985 232.252 Definitions. All of the definitions contained in 232.1 shall apply to this subpart. In ad-dition, as used in this part, the fol-lowing term shall have the meaning in-dicated: (a) Contract of insurance means the agreement evidenced by the Commis-sioners ins
18、urance endorsement and in-cludes the provisions of this subpart and of the Act. Subpart CEligibility Require-mentsSupplemental Loans To Finance Purchase and In-stallation of Fire Safety Equip-ment SOURCE: 39 FR 28966, Aug. 12, 1974, unless otherwise noted. 232.500 Definitions. In addition to the def
19、initions con-tained in subpart A, incorporated here-in by reference, the following terms, as used in 232.500 et seq., shall have the meaning indicated: (a) Insured loan means a loan insured by the endorsement of the credit in-strument by the Commissioner. (b) Insurance premium means the loan insuran
20、ce premium paid by the finan-cial institution to the Commissioner in consideration of the contract of insur-ance. (c)(1) Fire safety equipment means equipment that is purchased, installed, and maintained in a nursing home, in-termediate care facility, assisted living facility, or board and care home
21、 and that meets the following standards for the applicable occupancy: (i) The Life Safety Code of the Na-tional Fire Protection Association (any edition after 1966); or (ii) A standard mandated by a State, under the provisions of section 1616(e) of the Social Security Act; or (iii) Any appropriate r
22、equirement ap-proved by the Secretary of Health and Human Services for providers of serv-ices under title XVIII or title XIX of the Social Security Act. (2) In addition to those requirements approved by the Secretary of Health and Human Services as necessary for the appropriate level of occupancy, f
23、ire safety equipment may also include fire safety-related improvements that are not mandatory under the requirements of the Secretary of Health and Human Services, but which the Secretary of VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WR
24、eier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-331 Office of Assistant Secretary for Housing, HUD 232.510 Health and Human Services considers acceptable and reasonable for protec-tion against the hazards of fire
25、 and which the borrower agrees to install. (3) For the purposes of this defini-tion, the terms nursing home and inter-mediate care facility shall include those facilities designated as skilled nursing facilities or intermediate care facili-ties by the Department of Health and Human Services. (d) Fir
26、e safety loan means any form of secured or unsecured obligation deter-mined by the Commissioner to be eligi-ble for insurance under this subpart and, in the case of an assisted living fa-cility or a board and care home, made with respect to such a home located in a State which the Secretary has dete
27、r-mined is in compliance with the provi-sions of section 1616(e) of the Social Se-curity Act. (e) Equipment cost means the reason-able cost of fire safety equipment fully installed as estimated by the Secretary of Health and Human Services and as determined by the Commissioner. (f) Insured loan matu
28、rity means the date on which the loan indebtedness would be extinguished if paid in ac-cordance with periodic payments pro-vided for in the loan instrument or in-struments. (g) Approved lender means a financial institution or other mortgagee ap-proved by the Commissioner as eligible for insurance un
29、der section 2 of the Na-tional Housing Act, or a mortgagee ap-proved under section 203(b)(1) of the National Housing Act. 39 FR 28966, Aug. 12, 1974, as amended at 50 FR 37522, Sept. 16, 1985; 59 FR 61228, Nov. 29, 1994 FEES AND CHARGES 232.505 Application and application fee. (a) Prior approval. An
30、 application for insurance of a fire safety loan under this part shall be considered only in connection with a proposal which has been approved by the Secretary of Health and Human Services, or his des-ignee, based upon (1) his determination of need for such equipment to be in-stalled in the facilit
31、y as a condition for participation for providers of services under title XVIII and title XIX of the Social Security Act, and (2) his deter-mination that upon installation of such equipment the project will meet the fire safety requirements prescribed by the Secretary of HHS for participa-tion under
32、titles XVIII and XIX of the Social Security Act, and (3) his judg-ment that the cost estimate for pur-chase and installation of the equip-ment is a reasonable cost estimate. (b) Filing of application. An applica-tion for insurance of a fire safety loan for a nursing home, intermediate care facility,
33、 assisted living facility or board and care home shall be sub-mitted on an approved HUD form by an approved lender and by the owners of the project to the local HUD office. (c) Application fee. An application fee of $2.00 per thousand dollars of the amount of the fire safety loan applied for shall a
34、ccompany the application. The minimum application fee shall be $50.00. (Information collection requirement ap-proved by the Office of Management and Budget under control number 25020029) 39 FR 28966, Aug. 12, 1974, as amended at 50 FR 37523, Sept. 16, 1985; 59 FR 61228, Nov. 29, 1994 232.510 Commitm
35、ent and commit-ment fee. (a) Issuance of commitment. Upon ap-proval of an application for insurance, a commitment shall be issued by the Commissioner setting forth the terms and conditions upon which the fire safety loan will be insured. (b) Type of commitment. The commit-ment will provide for the i
36、nsurance of the loan after satisfactory completion of installation of the fire safety equip-ment, as determined by the Secretary of HHS. (c) Term of commitment. (1) If the com-mitment fee is paid as required, a com-mitment shall have a term within which the borrower is required to begin construction
37、, and if construction is begun as required, for such additional period as the Commissioner deems nec-essary for satisfactory completion of installation. (2) The term of a commitment may be extended in such manner as the Commissioner may prescribe. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 000
38、00 Frm 00341 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-332 24 CFR Ch. II (4111 Edition) 232.515 (d) Commitment fee. A commitment fee which, when added to the appl
39、ica-tion fee, will aggregate $4.00 per thou-sand of the amount of the fire safety loan (with a minimum total of $50.00 for both fees) set forth in the commit-ment, and shall be paid prior to issuance of the commitment. (e) Reopening of expired commitments. An expired commitment may be re-opened if a
40、 request for reopening is re-ceived by the Commissioner within 10 days of the expiration of the commit-ment. The reopening request shall be accompanied by a fee of 50 cents per thousand dollars of the amount of the expired commitment. If the reopening request is not received by the Commis-sioner wit
41、hin the required 10-day pe-riod, a new application, accompanied by the required application and com-mitment fee, must be submitted. (f) Increase in commitment prior to en-dorsement. An application, filed prior to endorsement, for an increase in the amount of an outstanding firm com-mitment shall be
42、accompanied by a combined additional application and commitment fee. The combined addi-tional fee shall be in an amount which will aggregate $4.00 per thousand dol-lars of the amount of the requested in-crease. If an inspection fee was re-quired in the original commitment, an additional inspection f
43、ee shall be paid in an amount computed at the same dollar rate per thousand dollars of the amount of increase in commitment as was used for the inspection fee required in the original commitment. The addi-tional inspection fee shall be paid prior to the date installation of fire safety equipment, is
44、 begun or, if installation has begun, it shall be paid with the ap-plication for increase. 232.515 Refund of fees. If the amount of the commitment issued or an increase in loan prior to endorsement is less than the amount applied for, the Commissioner shall re-fund the excess amount of the applica-t
45、ion and commitment fees submitted by the applicant. If an application is rejected before it is assigned for proc-essing, or in such other instances as the Commissioner may determine, the entire application and commitment fees or any portion thereof may be re-turned to the applicant. Commitment and r
46、eopening fees may be refunded, in whole or in part, if it is determined by the Commissioner that the installation of fire safety equipment for the project has been prevented because of con-demnation proceedings or other legal action taken by a governmental body or public agency, or in such other in-
47、stances as the Commissioner may de-termine. 232.520 Maximum fees and charges by lender. The lender may collect from the bor-rower the amount of the fees provided for in this subpart. The lender may also collect from the borrower an ini-tial service charge in an amount not to exceed one and one-half
48、of one percent of the original principal amount of the loan to reimburse the lender for the cost of originating and closing the transaction. Any additional charges shall be subject to the prior approval of the Commissioner. 232.522 Inspection fee. The commitment shall provide for the payment of an i
49、nspection fee in an amount not to exceed $5.00 per thou-sand dollars of the commitment. The minimum inspection fee shall be $50.00 paid prior to the date construction is begun: Provided, however, That in no case shall the combined total of the fees provided for in 232.505, 232.510 of this section exceed one percent of the original principal face amount of the loan. ELIGIBLE SECURITY INSTRUMENTS 232.525 Note and security form. The lender shal
