Notice2022-08846
60-Day Notice of Proposed Information Collection: Comprehensive Transactional Forms Supporting FHA's Section 242 Mortgage Insurance Program for Hospitals, OMB Control No.: 2502-0602
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 26, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
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<title>Federal Register, Volume 87 Issue 80 (Tuesday, April 26, 2022)</title>
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[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24574-24577]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08846]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7056-N-10]
60-Day Notice of Proposed Information Collection: Comprehensive
Transactional Forms Supporting FHA's Section 242 Mortgage Insurance
Program for Hospitals, OMB Control No.: 2502-0602
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
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SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comment
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for 60 days of public comment.
DATES: Comments Due Date: June 27, 2022.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: Colette Pollard, Reports
Management Officer, QDAM, Department of Housing and Urban Development,
451 7th Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-
402-3400 (this is not a toll-free number) or email at
<a href="/cdn-cgi/l/email-protection#8ecde1e2ebfafaeba0dee1e2e2effceacee6fbeaa0e9e1f8"><span class="__cf_email__" data-cfemail="d695b9bab3a2a2b3f886b9babab7a4b296bea3b2f8b1b9a0">[email protected]</span></a> for a copy of the proposed forms or other
available information. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, QDAM, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; email Colette Pollard at
<a href="/cdn-cgi/l/email-protection#febd91929b8a8a9bd0ae9192929f8c9abe968b9ad0999188"><span class="__cf_email__" data-cfemail="d291bdbeb7a6a6b7fc82bdbebeb3a0b692baa7b6fcb5bda4">[email protected]</span></a> or telephone 202-402-3400. This is not a toll-
free number. Persons with hearing or speech impairments may access this
number through TTY by calling the toll-free Federal Relay Service at
(800) 877-8339.
Copies of available documents submitted to OMB may be obtained from
Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: Comprehensive Transactional Forms
Supporting FHA's Section 242 Mortgage Insurance Program for Hospitals.
OMB Approval Number: 2502-0602.
OMB Expiration Date: November 30, 2022.
Type of Request: Revision of a currently approved collection.
Form Numbers: HUD-2510R, HUD-90032-OHF, HUD-90033-OHF, HUD-91070-
OHF, HUD-91071-OHF, HUD-91073-OHF, HUD-91725-OHF, HUD-91725-CERT-OHF,
HUD-91725-INST-OHF, HUD-92013-OHF, HUD-92023-OHF, HUD-92070-OHF, HUD-
92080-OHF, HUD-92117-OHF, HUD-92205-OHF, HUD-92223-OHF, HUD-92266-OHF,
HUD-92322-OHF, HUD-92330-OHF, HUD-92330A-OHF, HUD-92403-OHF, HUD-
92403A-OHF, HUD-92415-OHF, HUD-92422-OHF, HUD-92434-OHF, HUD-92441-OHF,
HUD-92442-OHF, HUD-92448-OHF, HUD-92452A-OHF, HUD-92452-OHF, HUD-92455-
OHF, HUD-92456-OHF, HUD-92464-OHF, HUD-92466-OHF, HUD-92476-OHF, HUD-
92476A-OHF, HUD-92476B-OHF, HUD-92479-OHF, HUD-92554-OHF, HUD-92576-
OHF, HUD-93305-OHF, HUD-94000-OHF, HUD-94001-OHF.
Description of the need for the information and proposed use:
This collection of information is required specifically for the
application and administration of the Department of Housing and Urban
Development, Federal Housing Administration Section 242 Hospital
Mortgage Insurance Program pursuant to 24 CFR 242, 241, 223(f), and
223(a)(7). The collection is a comprehensive set of HUD documents that
are critically needed for processing applications and loan endorsements
for FHA mortgage insurance under the Section 242 Hospital Mortgage
Insurance Program, for ongoing asset management of such facilities, and
other information related to these facilities for loan modifications,
construction projects, and physical and environmental reviews. This
information is requested and is used by the Office of Healthcare
Facilities (OHF) and Office of Architecture and Engineering (OAE)
within FHA's Office of Healthcare Programs (OHP).
The purpose for which the information is being collected by HUD is
to review Section 242 applications to determine the eligibility of
applicant hospitals for FHA mortgage insurance, underwrite insured
hospital loans, ensure that the collateral securing each loan is
adequate, capture administrative data, process initial/final
endorsement, and manage FHA's hospital portfolio. Additional
information related to loan modifications, construction projects, and
physical and environmental reviews is collected if applicable.
The information being collected consists of various HUD forms that
program participants complete with project specifications, technical
descriptions, details, and/or signatures that are utilized by HUD
during various stages of the application, underwriting, commitment,
closing, and asset management processes involved with the
administration of FHA's Section 242 mortgage insurance program.
The information is used by HUD staff for internal review of
applications to determine if projects qualify for Section 242 hospital
mortgage insurance and to manage and monitor the application,
commitment, initial/final endorsement,
[[Page 24575]]
asset management, and administration processes needed to support
hospital projects insured by FHA. Agreements and legal documents are
used by HUD staff, lenders, borrowers, construction managers, and
depository institutions, when applicable, to process initial/final
endorsement of loans. Information reported for ongoing asset management
of FHA-insured facilities will be used by HUD staff to monitor and
manage risk within the FHA portfolio and ensure ongoing compliance with
HUD Program Obligations. Information is also used by HUD staff to
determine whether the Program meets its stated goals and management
objectives. The information is collected from lenders/mortgage bankers,
borrowers/hospital management officials, attorneys, general
contractors/construction managers, architects/engineers, agents and
others involved in hospital projects, which may, at times include local
government entities and other third parties, as well as HUD staff to
allow OHF to manage and monitor the application, commitment, initial/
final endorsement, asset management, and administration processes
needed to support hospital projects insured by FHA.
This collection is needed to update and renew the current
collection that was approved for a 36-month period by OMB on November
12, 2019, with an expiration date of November 30, 2022.
Three new forms are being added to this collection that are listed
in the table above: HUD-90032-OHF (Lender Narrative--Interest Rate
Reduction), HUD-90033-OHF (Lender's Certification in Support of Request
for IRR), and HUD-2510R (Release of Regulatory Agreement). The HUD-
90033-OHF and HUD-90032-OHF are being added for occasional situations
involving interest rate reductions of FHA-insured hospital loans. The
forms allow the lender to summarize the rationale for the request and
certify that programmatic requirements for interest rate reductions
have been met. The documents are based on OHF draft guidance as well as
similar forms used by the Section 232 program. The HUD-2510R has been
added to facilitate the process regarding the release and discharge of
the Regulatory Agreement.
Two forms will be removed from the collection: HUD-91111-OHF
(Survey Instructions and Borrower's Certification) and HUD-94128-OHF
(Environmental Assessment and Compliance Findings for the Related
Laws). The HUD-91111-OHF will be removed from the collection and the
information from this form has been combined with HUD-91073-OHF
(formally: HUD Survey Instructions and Surveyor's Report; and now
renamed: HUD Survey Instructions, Surveyor's Report, and Borrower's
Survey Certification). The HUD-94128-OHF will be removed from the
collection because HUD's Environmental Review Online System (HEROS) is
now used to prepare environmental reviews.
The Public Burden Statement and the Warning have been revised on
all forms.
Three documents within the collection are being renewed with only
changes to the revised Public Burden Statement and the Warning. The
remaining thirty-seven of the forty forms within the collection are
being renewed with changes. Revisions include edits that were made to
clarify current policies and definitions, reflect updated general
accepted accounting standards, or to address inconsistencies across
documents.
A summary of the specific changes (beyond the Public Burden
Statement and the Warning) made to the revised documents is provided
below.
Summary of Changes to Documents
<bullet> HUD-2510R Release of Regulatory Agreement. New document
added to facilitate the process regarding the release and discharge of
the Regulatory Agreement. This form will be used by the Office of
Hospital Facilities, the Office of Residential Care Facilities, and
Multifamily. The Number of Respondents will take the respondents from
all three offices into consideration.
<bullet> HUD-90032-OHF Lender Narrative--Interest Rate Reduction.
New document based on an existing Office of Residential Care Facilities
application form to request an interest rate reduction, modified for
Section 242-insured hospitals.
<bullet> HUD-90033-OHF Lender's Certification in Support of Request
for IRR. New document based on an existing Office of Residential Care
Facilities application form to request an interest rate reduction,
modified for Section 242-insured hospitals.
<bullet> HUD-91070-OHF Consolidated Certifications Borrower.
Changes were made to the parts of the certification as follows:
[ssquf] Instructions. Added Feasibility Consultant as an option.
Removed N/A from each line to improve readability.
[ssquf] Part VII. Added a new section, similar to the Supplemental
Underwriting section on existing Office of Residential Care Facility
form. Specifically, added questions on delinquency of federal debt;
legal action and judgements; bankruptcy question; liens (liens must be
addressed prior to closing); investigations; and physician involvement.
[ssquf] Part VII. Re-organized the list of entities. Added
additional lines for ``Other'' categories. Made consistent with page 1-
2 of the form.
<bullet> HUD-91071-OHF Escrow Agreement for Off-site Facilities.
Changes were made to the sections of the agreement as follows:
[ssquf] Section D. Added new language to allow for extensions for
up to 90 days which must be submitted in advance to HUD and the Lender
with a detailed explanation for the extension. This was an issue during
the pandemic because the document did not have any specific language to
allow for extensions during a shutdown.
[ssquf] Agreement #1 and #8. Capitalized Depository Institution and
added that Depository Institution must be satisfactory to HUD as well
as the Lender.
[ssquf] Agreement #5 and #7. Lender was added as recipient of
requested information. Added specific references to documents to be
used for disbursements.
<bullet> HUD-91073-OHF HUD Survey Instructions, Surveyor's Report,
and Borrower's Survey Certification. Combined HUD-91111-OHF and HUD-
91073-OHF into a new updated HUD-91073-OHF HUD Survey Instructions,
Surveyor's Report and Borrower's Certification. Updating ALTA/NSPS
Standards to latest version (2021) and revising additional
requirements. Clarifying language for when the Borrower's certification
can be used. Also updated Table A requirements.
<bullet> HUD-91725-OHF Opinion by Counsel to the Borrower. Changes
were made throughout to add clarity.
<bullet> HUD-91725-INST-OHF Instructions to Opinion of Borrower's
Counsel. Only the Warning has been revised.
<bullet> HUD-91725-CERT-OHF Exhibit A to Opinion of Borrower's
Counsel Certification. Only the Warning has been revised.
<bullet> HUD-92013-OHF Application for Hospital Project Mortgage
Insurance. Changed the document from a Word document to an Excel
document. This allows the user to enter data, which is totaled where
necessary. Added a Schedule so that 92013-line items may be broken out
into components.
<bullet> HUD-92023-OHF Request for Final Endorsement of Credit
Instrument. Changes were made to clarify minor inconsistencies within
the document, and an update was added to reflect email submission
rather than standard mail.
<bullet> HUD-92070-OHF Lease Addendum. Removed the Instruction
language for brevity, which is consistent
[[Page 24576]]
with the existing Office of Residential Care Facilities form.
Capitalized Tenant, Landlord, and Lender throughout the document for
clarity. Added ``from an FHA Lender (Lender)'' to clearly define Lender
in the transaction. Removed the language above the signatures
indicating ``certifies under penalty of perjury'' because this language
is not customary for a Lease Addendum, as there are no statements or
representations provided.
<bullet> HUD-92080-OHF Change of Mortgage Record. Only the Public
Burden Statement and the Warning have been revised.
<bullet> HUD-92117-OHF Borrower's Certification--Full or Partial
Completion of Project. Added language to #5 to clarify that the
requirement pertains to the advance.
<bullet> HUD-92205-OHF Borrower's Certificate of Known Costs
(Section 242/223f, 242/223(a)(7)). Adjusted title of form to include
``Insurance Upon Completion,'' to differentiate it from the insurance
of advances form (HUD-92330-OHF). Clarified terminology in the
Instructions on page 1 to include repairs and limited rehabilitation.
Corresponding schedules for each item were added to the table for
greater clarity. Additional clarification added, which makes explicit
that deferred repairs and deferred limited rehabilitation amounts are
to be escrowed. Updated Schedules to explicitly include additional fees
and expenses.
<bullet> HUD-92223-OHF Surplus Cash Note. Changes were made
throughout to add clarity. In Section 2, added clarity to the document
by combining sections and eliminated reference ``Except as provided in
Section 5 below,'' Section 5 was eliminated and added to Section 2.
Added clarity to payments due under the Surplus Cash Note by adding
``and per requirements under the Borrower's Regulatory Agreement and
Commitment for Insurance (if applicable)'' (Section 4 eliminated as it
is now contained in Section 2). Added ``No payments towards the Surplus
Cash Note shall be made before final endorsement, unless HUD has
approved,'' which incorporates Section 7 and provides for flexibility
if approved by HUD. (Section 7 eliminated as it is now contained in
Section 2).
<bullet> HUD-92266-OHF Application for Transfer of Physical Assets.
Changes were made to clarify minor inconsistencies within the document
and clarify directions as to what entities complete and submit the
form.
<bullet> HUD-92322-OHF Intercreditor Agreement. Changes were made
to the sections of the agreement as follows:
[ssquf] Section 1.14 definition for ``Facility'' changed to
reference 24 CFR 242.1.
[ssquf] Section 1.15 includes ``Pledged Affiliates'' as defined in
HUD's loan docs.
[ssquf] Section 2.3(e) replaces ``operator or receiver'' with
``entity'' as Operator is typically used in 232.
[ssquf] Section 2.7(f)(iii) removed because this subsection
references the Section 232 Operator Regulatory Agreement.
[ssquf] Section 3.4(c) clarified what costs are due under current
mortgage costs.
[ssquf] Section 3.6(c) added language that ``notwithstanding any
contrary provision contained in the AR Loan Documents, a default under
the FHA Loan Documents shall not constitute a default under the AR Loan
Documents if no other default occurred under the AR Loan Documents''.
[ssquf] Section 4.1 changed ``donee'' to ``assignee''.
<bullet> HUD-92330A-OHF Contractor's Certificate of Actual Cost.
Changes were made to the Trade Items, which were updated with latest
Construction Specifications Institute (CSI) categories. Also, clarifies
that an Attachment A shall be included when/if an Identity of Interest
exists.
<bullet> HUD-92330-OHF Borrower's Certificate of Actual Cost. Added
clarification/typographic changes to improve readability, as well as
identify whether the HUD-92330A-OHF is accompanying the certification.
Renumbered first 5 items in the table for standardization with other
forms and processes.
<bullet> HUD-92403A-OHF Borrower's and Architect's Certificate of
Payment. Only the Public Burden Statement and the Warning have been
revised.
<bullet> HUD-92403-OHF Application for Insurance of Advance of
Mortgage Proceeds. Updated Instructions to Borrower for electronic
submission, to reference budget categories, and add clarity. Updated
Instructions to Lender. Replaced the Table to include the Budget
Category and references to HUD-92448-OHF, and updated drawings to
documents. Updated Instructions to Lender for electronic submission,
added Owner cash equity sentence, changed Mortgagor's to Borrower's,
and changed escrow to equity. Removed references to an old Handbook
4480.1.
<bullet> HUD-92415-OHF Request for Permission to Commence
Construction Prior to Initial Endorsement for Mortgage Insurance.
Updated wording in introduction to request and Term 1 for continuity.
Changed wording in Term 2 to better reflect hospital program policies.
Added Term 4 and revised Terms 5 and 7 for clarity, renumbered
paragraphs as required. Revised paragraph 8 to match language in Terms
9 and 10 for continuity. Revised Term 9 to add construction manager
agreement as an option and revised language for clarification. Added
Term 10 regarding permits to clarify this is a requirement. Revised
Terms 13 and 14 for continuity and update paragraph references.
<bullet> HUD-92422-OHF Financial and Statistical Data for HUD
Reporting. Changes were made throughout to add clarity.
<bullet> HUD-92434-OHF Lender's Certificate. Reorganized the
introductory section to add clarity and improve readability.
<bullet> HUD-92441-OHF Building Loan Agreement. Section 4b--
clarified who at HUD should receive the information; changed the report
deadline from 45 days after quarter end to 40 days to be consistent
with similar report required under Regulatory Agreement.
<bullet> HUD-92442-OHF Construction Contract. Updated definitions
paragraph to add clarity.
<bullet> HUD-92448-OHF Contractor's Requisition Project Mortgages.
Changes were made throughout to add clarity.
<bullet> HUD-92452A-OHF Payment Bond. Updated to include
Construction Managers and Project Description requirement.
<bullet> HUD-92452-OHF Performance Bond. Updated to include
Construction Managers and Project Description requirement.
<bullet> HUD-92455-OHF Request for Endorsement of Credit Instrument
& Certificate of Lender, Borrower, & General Contractor. Added Deferred
Repairs and Deferred Limited Rehabilitation concepts to existing
language, to differentiate Repairs (under 223(a)(7)) and Limited
Rehabilitation (under 223(f)) that occur after initial/final
endorsement (Deferred). Added paragraph (from Section 242 regulations)
regarding required compliance of the Borrower to the Certificate of
Borrower section.
<bullet> HUD-92456-OHF Escrow Agreement for Incomplete
Construction. Updated references to related forms; added paragraphs for
sources of escrow funds; and added language for use of remaining escrow
funds.
<bullet> HUD-92464-OHF Request for Approval of Advance of Escrow
Funds. Added document to be forwarded to HUD as well as the Lender.
Changes for documents and supporting data to be submitted
electronically to HUD--no longer in duplicates mailed to HUD. Clarified
signatories for the Borrower for certain sections.
[[Page 24577]]
<bullet> HUD-92466-OHF Regulatory Agreement--Borrower. Changes were
made to sections of the Regulatory Agreement as follows:
[ssquf] Section 8(b)(ii)(1) and 8(b)(ii)(3) for Conditions to be
Satisfied During and Following Construction. Expanded the report to
include ``deferred work or limited rehabilitation'' for consistency
with terminology in this section and clarify terms for Construction or
repairs.
[ssquf] Section 10(b) for Property and Operation; Encumbrances.
Language changed to allow Borrowers to adjudicate liens, etc. in good
faith with HUD's permission.
[ssquf] Section 11(f) for Finances and Financial Records. Changed
``reasonable time'' to ``10 business days'' to better define the
timeline to submit the documents. Added ``shall be maintained in
accordance with U.S. GAAP'' to differentiate from OHF reporting
requirements as required in the OHF Handbook. Although it should be
obvious, 24 CFR 5.801 for uniform reporting financial standards for HUD
programs does not specifically include the 242/OHF Program. Section
11(f) for Finances and Financial Records.
[ssquf] Section 11(g) for Finances and Financial Records. Added
language to allow HUD or its representatives to ask questions on the
finances, operation and condition of the property.
[ssquf] Section 13 for Mortgage Reserved Fund (MRF). Added
clarifying language on type of account and beneficiary.
[ssquf] Section 19(a)(i) for Additional Indebtedness and Leasing
for Long Term Debt: Reordered some of the subsections and added some
clarifying language as it relates to proposed debt.
[ssquf] Section 19(d) for Additional Indebtedness--Reporting
Requirements: Changed the reporting requirements to an annual report
due within 40 days of the Borrower's fiscal year.
[ssquf] Section 45 for Definitions. Clarified definitions.
<bullet> HUD-92476-OHF Escrow Agreement for Deferred Repairs.
Renamed Document from ``Escrow Agreement for Deferred Work'' to
``Escrow Agreement for Deferred Repairs'' to properly reflect the type
of work involved. Similar changes were made throughout document. Added
language in Section D to allow for extensions of up to 90 days if
needed. Revised chart in Exhibit A to reflect a breakout of costs to be
covered by the Escrow for Deferred Repairs.
<bullet> HUD-92476A-OHF Escrow Agreement for Deferred Limited
Rehabilitation. Renamed Document from ``Escrow Agreement for Limited
Rehabilitation'' to ``Escrow Agreement for Deferred Limited
Rehabilitation'' to properly reflect the type of work involved. Similar
changes were made throughout document. Added language in Section D to
allow for extensions of up to 90 days if needed. Revised chart in
Exhibit A to reflect a breakout of costs to be covered by the Escrow
for Deferred Limited Rehabilitation.
<bullet> HUD-92476B-OHF Escrow Agreement for Proceeds from Partial
Release of Collateral. Only the Public Burden Statement and the Warning
have been revised.
<bullet> HUD-92479-OHF Off-Site Bond--Dual Obligee. Updated to
include Construction Managers and Project Description requirement.
<bullet> HUD-92554-OHF Supplementary Conditions of the Contract for
Construction. Article 1(B) Minimum Wages updated and clarified per
program regulations.
<bullet> HUD-92576-OHF Certificate for Need for Health Facility and
Assurance of Enforcement of State Standards. Renamed document. Removed
unneeded requests for information.
<bullet> HUD-93305-OHF Agreement and Certification. Changed wording
to reflect regulations for clarity.
<bullet> HUD-94000-OHF Security Instrument/Mortgage/Deed of Trust.
Inserted ``Pledged Affiliates'' where Borrower appears. Updated
definitions. Inserted clarifying language to ensure that all project
funds are deposited into a DACA. Inserted language in Section 17(b) to
allow subordinate liens to be repaid with prior Lender and HUD
approval.
HUD-94001-OHF Healthcare Facility Note. In Section 7(a), deleted
the language ``or in the Borrower's Security Instrument or in the
Borrower's Regulatory Agreement'' because personal liability is not a
concept recognized in the Section 242 program, unlike Multifamily and
Section 232.
Respondents (i.e. affected public): Not-for-profit institutions;
State, Local or Tribal Government.
Estimated Number of Respondents: 718.
Estimated Number of Responses: 1,302.
Frequency of Response: 70.
Average Hours per Response: 118.
Total Estimated Burden: 73,187 hours.
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
HUD encourages interested parties to submit comment in response to
these questions.
C. Authority
Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C.
chapter 35.
Janet M. Golrick,
Acting Chief of Staff for Housing, Federal Housing Commissioner, HUD.
[FR Doc. 2022-08846 Filed 4-25-22; 8:45 am]
BILLING CODE 4210-67-P
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