Mixed-Finance Public Housing
Overview
Mixed-Finance public housing allows HUD to mix public, private, and non-profit funds to develop and operate housing developments. New developments may be made up of a variety of housing types: rental, homeownership, private, subsidized, and public housing. These new communities are built for residents with a wide range of incomes, and are designed to fit into the surrounding community. All Mixed-Financed Development submissions should be emailed to OUR@hud.gov.
Mixed-Finance Rental Projects
- Mixed-Finance Predevelopment Request (MS-Word, 41.5 KB)
- Mixed-Finance Development Proposal, HUD-50157 (MS-Word, 59 KB)
- Mixed-Finance Development Proposal Calculator, Form HUD-50156 (FY2024 TDCs) (MS-Excel, 794 KB)
- FY2024 TDC Limits Table (Adobe PDF)
- Mixed-Finance Cost Control and Safe Harbor Standards
- General Depository Agreement HUD-51999 (GDA) (Adobe PDF, 2 pages)
- How PHAs Can Leverage Partnerships with Housing Finance Agencies
- Guidance for Mixed Finance Projects Undergoing a Change in Ownership or Refinancing
- Section 106 and Public Housing
- Subsidy Layering Reviews for Project-Based Vouchers (Administrative Guidelines)
Mixed-Finance Rental Projects Evidentiary Documents
- Mixed Finance ACC Amendment
- Declaration of Trust/Restrictive Covenants HUD-52190 (MS Word, 9 pages)
- Model Documents for Mixed-Finance Transactions
- HUD-50161 Mixed-Finance Certifications and Assurances Form (MS-Word, 39.8 KB)
Mixed-Finance Homeownership
- HUD-50158 Homeownership Certification & Assurances (MS-Word, 36.5 KB)
- HUD-50159 MF Homeownership Term Sheet (MS-Word 66.3 KB)
- Homeownership Budget Workbook (MS-Excel 130KB)
- HUD-50160 Mixed-Finance Homeownership Pre-Funding Certifications & Assurances (MS-Word, 28.6 KB)
- Homeownership Prefunding Certification (MS-Word, 32 KB)
- Homeownership Declaration of Restrictive Covenants (MS-Word, 61 KB)
Restore-Rebuild Transactions
- Restore-Rebuild Website
- Restore-Rebuild Guide (Adobe PDF)
- HUD Development Proposal for Restore-Rebuild Transactions (MS-Word, 62kb)
Operating Fund Financing Program
Homeownership Guidance
- Some Homeownership Guidelines for PHAs (Adobe PDF)
- Homeownership Cost Control and Safe Harbor Standards (Adobe PDF)
- Section 8 Homeownership (Adobe PDF)
PIH Notices
- How to find PIH Notices, click here.
- PIH Notice 2024-40: Demolition and/or Disposition of Public Housing Property, Eligibility for Tenant-Protection Vouchers, and Associated Requirements.
- PIH Notice 2024-01: Build America, Buy America Implementation Guidance for the Public Housing Program
- PIH Notice 2020-23: Use of Proceeds Under Section 18 Disposition or Section 22 Voluntary Conversion
- PIH Notice 2019-13: Public Housing ACC Termination and PHA Closeout
- PIH Notice 2019-06: Carbon Monoxide Detectors in HUD-Assisted Housing
- PIH Notice 2018-19: Housing Opportunity through Modernization Act of 2016 (HOTMA) – Implementation of Minimum Heating Standards in Public Housing Properties
- PIH Notice 2016-13: Guidance on Property and Casualty Insurance Issues
- PIH Notice 2016-20: 2 CFR 200.311(c)(1) Disposition Instructions for the Public Housing Agency (PHA) Retention of Certain Public Housing Real Property (that is no longer used or was never used for public housing dwelling purposes) Free from Public Housing Use Restrictions.
- 2 CFR 200 - Particularly relevant part is 2 CFR 200.300 Subpart D
- PIH Notice 2016-21: Guidance on Automation of Capital Fund Program 5-Year Action Plans and Budgets in the Activity Planning Module of HUD’s Energy Performance and Information Center (EPIC)
- PIH Notice 2016-22: Environmental Review Requirements for Public Housing Agencies
- PIH Notice 2018-04: Demolition and/or disposition of public housing property, eligibility for tenant-protection vouchers and associated requirements
- PIH Notice 2011-69: Prohibition on Exceeding Statutory Limitation of the Number of Public Housing units
- PIH Notice 2011-61: Guidance on requirement for PHAs to record current Declaration of Trusts against all public housing property
- PIH Notice 2011-47: Transactions between Public Housing Agencies and their Related Affiliates and Instrumentalities
- PIH Notice 2011-45: Parameters for Local, Non-Traditional Activities under the Moving to Work Demonstration Program.
- PIH Notice 2011-38: Public Housing Development Cost Limits
- PIH Notice 2011-33: Use of Work Preferences as a Public Housing Waiting List Management Tool
- PIH Notice 2011-30: PHA Mortgaged Projects: Procedures for Section 30 Mortgage Transactions
- PIH Notice 2010-28: Extension of Notice PIH 2009-23 (HA) - Requirement for Designation of Public Housing Projects. Original notice is PIH Notice 2005-2.
- PIH Notice 2010-26: Non-Discrimination and Accessibility for Persons with Disabilities—Contains discussion of the 5% and 2% requirements.
- PIH Notice 2007-15: Applicability of Public Housing Development Requirements to Transactions between Public Housing Agencies and their Related Affiliates and Instrumentalities
Other Guidance
Other Important Links
Materials from Mixed-Finance Procurement Training
- Certification of Mixed-Finance Procurement (Adobe PDF, 3 pages)
- Commonly Asked Questions (Adobe PDF, 13 pages)
- RFP/RFQ Outline (Adobe PDF, 6 pages)
- RFP for Program Management Services Evaluation Form (Adobe PDF, 2 pages)
- RFQ for Developer Scoring Sheet for Respondents (Adobe PDF, 1 page)
- Payment Schedule for Program Management Services (Adobe PDF, 5 pages)
- Application Data Form: Sources and Uses (Adobe PDF, 2 pages)
- Cost Estimate for Procured Services (Adobe PDF, 1 page)
Model Documents for Mixed-Finance Transactions
The Department of Housing and Urban Development (HUD) has developed a set of Model Documents to facilitate the preparation and review of certain evidentiary materials required for mixed-finance transactions pursuant to 24 CFR 941 Subpart F. HUD created these documents with input from a public meeting held in January 2003 with affordable housing practitioners and written comments following the meeting.
Some documents became prescribed HUD Forms with standard provisions and were subject to formal clearance and reporting burden restrictions imposed by OMB. The rest remain as models with HUD required provisions identified clearly from negotiable business terms. The final set is comprised of several documents for which we will only provide statutory and/or regulatory provisions that must be included.
Documents
Required Documents:
These documents have not been substantively modified since the original posting. Only minor corrections have been made. Each will be revised based on all comments received and recirculated through the formal HUD clearance process.
- Declaration of Restrictive Covenants (standard) (MS-Word, 49 KB)
- Declaration of Restrictive Covenants (op sub only) (MS-Word, 49 KB)
- Certification for Mixed Income Documents (MS-Word, 33 KB)
Model documents with required provisions:
- Opinion of Counsel (MS-Word, 44 KB)
- Regulatory and Operating Agreement (all public housing) (MS-Word, 114 KB)
- Regulatory and Operating Agreement (mixed income) (MS-Word, 121 KB)
- Performance and Completion Guaranty (MS-Word, 53 KB)
Required provisions:
- Management Agreement (terms will continue to be subject to Cost Control and Safe Harbor Standards) (MS-Word, 58 KB)
- Development Agreement (terms will continue to be subject to Cost Control and Safe Harbor Standards) (MS-Word, 71 KB)
- Limited Partnership (owner) Provisions (MS-Word, 34 KB)
- Ground Lease (MS-Word, 67 KB)
Documents for which no model or required form will be provided:
- Closing Instruction Letter (dry closing)
- Closing Instruction Letter (wet closing)
- Development Services Agreement
- Predevelopment Funds Agreement Subordination Agreement