1.4 Regulations, Policies, and the MAP Guide

A. All applicable HUD Handbooks, Notices, and Forms remain in effect and will be used for traditional HUD processing of mortgage loan applications. For applications under MAP, the Guide incorporates the majority of Handbook, Notice and Mortgagee Letter requirements and includes in the Appendix the forms that are required for most applications. If there is a conflict between the Guide and the Handbooks or instructions for various HUD forms, the Guide will take precedence. Lenders with questions should address them to the Regional Center or Satellite Office processing the application. Where the Guide is silent on a matter, the Lender should consult the following MAP website: https://www.hud.gov/program_offices/housing/mfh/map/maphome or the Regional Center or Satellite Office that is processing the application.

B. Consistent with their level of approval, the Lender must be familiar with the basic programmatic requirements and regulations of the insurance programs set forth in Title 24 of the Code of Federal Regulations, including but not limited to Part 200.

C. The Lender is encouraged to contact a Regional Center or Satellite Office if any issues are not addressed in the Guide or if any clarifications are needed. See Chapter 11 on Underwriting for waiver procedures. The Multifamily Regional Director may waive non-regulatory or non-statutory provisions of the Guide, although Chapter 11 specifies several requirements that may not be waived without prior approval of HUD Headquarters (HQ). If the Regional Center intends to waive any of the environmental requirements in Chapter 9, Section 9.3 that are not regulatory in nature, the Regional Office must obtain advice of the Departmental and/or Housing Environmental Officer, or the applicable Regional or Field Environmental Officer (REO/FEO) in whose district the project is located, before the waiver is granted. Regulatory provisions may be waived only with approval of the Assistant Secretary for Housing - FHA Commissioner. Statutory provisions may not be waived.

D. The Lender is also encouraged to communicate early with the Borrower to ensure that the Borrower, the proposed Management Agent, and/or the Project have not been referred to HUD’s Departmental Enforcement Center (DEC), as such referrals may require additional time to resolve and create impediments to a timely closing.

E. Any waiver of this Guide granted by the Multifamily Regional Director must be documented in the Regional Center or Satellite Office docket, along with the Lender’s request and supporting documentation for the approval. The form HUD-2 must be submitted electronically to the HUD HQ Office of Multifamily Housing Production’s SharePoint site in accordance with outstanding instructions. No hard copies need to be submitted to HQ; Multifamily Field Office staff and Office of General Counsel (OGC) may rely on electronic signatures or scanned copies. HQ will periodically review waivers to determine if changes to the Guide or to the regulations are warranted.

F. HUD made technical and substantive changes when it adopted new and updated FHA multifamily loan closing documents. The term “directives” was subsumed within the term “Program Obligations.” “Program Obligations” refer to:

MAP Guide, March 2021 Go to beginning of Chapter 1

Bookmarked Version Go to Acronym and Abbreviation List, Glossary, Index

Chapter 1 Page 1-4

To return to this page after clicking a link, press ALT + Back Arrow

Chapter 1 Introduction 1.5 Workload Management

Go to Table of Contents

1. All applicable statutes and any regulations issued by the Secretary that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and

2. All current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in the applicable closing document rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/