Rule2025-06492
HOME Investment Partnerships Program: Program Updates and Streamlining-Delay of Effective Date, Withdrawal, and Correction
Primary source
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Published
April 17, 2025
Effective
April 20, 2025
Issuing agencies
Housing and Urban Development Department
Abstract
On January 6, 2025, HUD published the HOME Investment Partnerships Program: Program Updates and Streamlining final rule (HOME Final Rule) in the Federal Register, which was scheduled to take effect on February 5, 2025. On February 3, 2025, HUD delayed the effective date of the HOME Final Rule until April 20, 2025, consistent with the President's January 20, 2025, memorandum titled "Regulatory Freeze Pending Review." This publication announces that HUD is further delaying the effective or compliance dates for certain provisions of the HOME Final Rule. The provisions of the HOME Final Rule that are not further delayed by this publication are effective as of April 20, 2025.
Full Text
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<title>Federal Register, Volume 90 Issue 73 (Thursday, April 17, 2025)</title>
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[Federal Register Volume 90, Number 73 (Thursday, April 17, 2025)]
[Rules and Regulations]
[Pages 16085-16087]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06492]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 91, 92, 570, and 982
[Docket No. FR-6144-F-05]
RIN 2506-AC50
HOME Investment Partnerships Program: Program Updates and
Streamlining--Delay of Effective Date, Withdrawal, and Correction
AGENCY: Office of the Secretary, U.S. Department of Housing and Urban
Development (HUD).
ACTION: Final rule; delay of effective date, withdrawal, and
correction.
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SUMMARY: On January 6, 2025, HUD published the HOME Investment
Partnerships Program: Program Updates and Streamlining final rule (HOME
Final Rule) in the Federal Register, which was scheduled to take effect
on February 5, 2025. On February 3, 2025, HUD delayed the effective
date of the HOME Final Rule until April 20, 2025, consistent with the
President's January 20, 2025, memorandum titled ``Regulatory Freeze
Pending Review.'' This publication announces that HUD is further
delaying the effective or compliance dates for certain provisions of
the HOME Final Rule. The provisions of the HOME Final Rule that are not
further delayed by this publication are effective as of April 20, 2025.
DATES: In this rule, amendatory instruction 2 is effective April 20,
2025, and amendatory instruction 3 is effective October 30, 2025. As of
April 17, 2025, the effective date for amendatory instruction 27
(revising 24 CFR 92.253) in the HOME Final Rule published at 90 FR 746
(January 6, 2025), which was initially delayed at 90 FR 8780 (February
3, 2025), is further delayed until October 30, 2025. As of April 17,
2025, amendatory instruction 24 (amending 24 CFR 92.250) in the HOME
Final Rule published at 90 FR 746 (January 6, 2025) is withdrawn. The
corrections in this final rule to 24 CFR 92.3 are effective April 20,
2025.
FOR FURTHER INFORMATION CONTACT: Virginia Sardone, Director, Office of
Affordable Housing Programs, Office of Community Planning and
Development, U.S. Department of Housing and Urban Development, 451 7th
Street SW, Room 7160, Washington, DC 20410; telephone number (202) 708-
2684 (this is not a toll-free number). HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
On January 6, 2025, HUD published the HOME Final Rule in the
Federal Register.\1\ The HOME Final Rule revises the HOME Investment
Partnerships Program (HOME program) regulations to update, simplify, or
streamline requirements, better align the program with other Federal
housing programs, and implement recent amendments to the HOME program
statute.\2\ The HOME Final Rule also includes minor revisions to the
regulations for the Community Development Block Grant and Section 8
Housing Choice Voucher Programs consistent with the changes to the HOME
program. The HOME Final Rule provides for the rule to take effect on
February 5, 2025.
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\1\ 90 FR 746.
\2\ The HOME program is authorized by title II of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.)
and has been in operation since 1992.
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On January 20, 2025, the President issued a memorandum titled
``Regulatory Freeze Pending Review'' (the memorandum) to executive
departments and agencies.\3\ The memorandum, among other things, asks
executive departments and agencies to consider postponing for 60 days
from the date of the memorandum the effective date of rules that were
published in the Federal Register but had not yet taken effect. This
postponement allowed executive departments and agencies time to review
any questions of fact, law, and policy that the rules may raise.
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\3\ Available at 90 FR 8249 (Jan. 28, 2025).
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Consistent with the memorandum, on February 3, 2025, HUD delayed
the effective date of the HOME Final Rule from February 5, 2025, until
April 20, 2025.\4\ HUD's delay of the effective date of the HOME Final
Rule until April 20, 2025, provided HUD with time to review the HOME
Final Rule for any
[[Page 16086]]
questions of fact, law, and policy that arise in the HOME Final Rule,
as directed by the memorandum.
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\4\ See HOME Investment Partnerships Program: Program Updates
and Streamlining-Delay of Effective Date at 90 FR 8780.
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II. Delay of Effective Date for Certain Provisions of the HOME Final
Rule
Consistent with the memorandum, HUD reviewed the HOME Final Rule
for any questions of fact, law, and policy that arise in the HOME Final
Rule. Pursuant to HUD's review of the HOME Final Rule and consistent
with the memorandum, HUD has determined to further delay the effective
date for certain provisions of the HOME Final Rule to allow HUD to seek
further public comment on the provisions of the HOME Final Rule
detailed in this publication. In addition, this publication makes
changes to the HOME Final Rule's revisions to 24 CFR 92.3 to align with
this delay of effective date for the indicated provisions of the HOME
Final Rule. HUD will issue a separate Federal Register publication
inviting public comment on the provisions of the HOME Final Rule
detailed in this publication. The provisions of the HOME Final Rule
that are not further delayed by this publication are effective as of
April 20, 2025.
The Certain Provisions of the HOME Final Rule With an Effective Date
Further Delayed by This Publication
The effective date for the following HOME Final Rule provisions is
delayed:
1. 24 CFR 92.250--Maximum Per-Unit Subsidy Amount, Underwriting, and
Subsidy Layering--Paragraph (c)
The effective date for the addition of paragraph (c) to 24 CFR
92.250 is delayed until the date described in the DATES section of this
publication. (Because part of an amendatory instruction cannot be
delayed, HUD is withdrawing amendatory instruction 24 from the HOME
Final Rule and setting out two separate instructions in this rule to:
(1) revise paragraphs (a) and (b)(3)(i) and amend paragraph (b)(4) of
24 CFR 92.250, effective April 20, 2025; and (2) add paragraph (c) to
24 CFR 92.250, effective October 30, 2025.)
2. 24 CFR 92.253--Tenant Protections and Selection
The effective date for the HOME Final Rule's revisions to 24 CFR
92.253 is delayed until the date described in the DATES section of this
publication.
Notwithstanding this delay of the effective date for the HOME Final
Rule's revisions to 24 CFR 92.253, HUD reminds owners that, pursuant to
42 U.S.C. 12755(b), they may terminate the tenancy or refuse to renew
the tenancy of a person in HOME-assisted rental housing based on the
grounds of a direct threat to the safety of the tenants or employees of
the housing or an imminent and serious threat to the property, and
owners are not required to provide 30 days' notice prior to the
termination or refusal to renew where the action is in accordance with
the requirements of State and local law and the requirements of 24 CFR
part 92.
Revisions to 24 CFR 92.3 To Align With the Delay of Effective Date of
Certain Provisions of the HOME Final Rule
To account for the delay to the effective date from February 5,
2025, to April 20, 2025, HUD is making certain technical changes to
update the compliance and effective dates listed in 24 CFR 92.3 of the
HOME Final Rule. The changes to 24 CFR 92.3 of the HOME Final Rule are
to clarify and revise the applicable effective and compliance dates
described in that section. The compliance dates detailed in various
paragraphs of 24 CFR 92.3 of the HOME Final Rule are being revised to
April 20, 2026, to ensure participating jurisdictions have a 1-year
compliance period, as originally described in the HOME Final Rule.
Cross-References and Other Language Affected by the Delay of Certain
Provisions of the HOME Final Rule
HUD recognizes that delaying the effective date of the certain
provisions to the HOME Final Rule detailed in this publication will
create inconsistencies in certain cross-references and other language
in sections throughout 24 CFR parts 91 and 92. To the extent that such
cross-references refer to tenant selection preferences in 24 CFR
92.253(e) or to the tenant protections contained in the tenancy addenda
referenced in 24 CFR 92.253, these references shall be read to refer to
the tenant selection preferences in 24 CFR 92.253(d) and to the lease
requirements and tenant protections in 24 CFR 92.253 that are currently
effective, respectively. HUD intends to correct these cross-references,
where necessary, in a subsequent rulemaking.
III. Application of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to the HOME Program
HUD reminds HOME program recipients that grants must be
administered in accordance with all applicable immigration restrictions
and requirements, including the eligibility and verification
requirements that apply under title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C.
1601-1646) (PRWORA) and any applicable requirements that HUD, the
Attorney General, or the U.S. Citizenship and Immigrations Services may
establish from time to time to comply with PRWORA.
List of Subjects in 24 CFR Part 92
Administrative practice and procedure, Low and moderate income
housing, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
Correction
In FR Doc. 2024-29824, published January 6, 2025, at 90 FR 746, the
following corrections are made:
Sec. 92.3 [Corrected]
0
1. Starting on page 865, in the second column, in amendatory
instruction 6 for Sec. 92.3:
0
a. Remove the date ``February 4, 2025'', wherever it appears, and add,
in its place, the date ``April 19, 2025'';
0
b. Remove the date ``February 5, 2025'', wherever it appears, and add,
in its place, the date ``April 20, 2025''; and
0
c. Remove the date ``February 5, 2026'', wherever it appears, and add,
in its place, the date ``April 20, 2026''.
For the reasons set out in the preamble, HUD amends 24 CFR part 92
as follows:
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
0
1. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 12701-12839, 12 U.S.C. 1701x.
0
2. Effective April 20, 2025, amend Sec. 92.250 by:
0
a. Revising paragraphs (a) and (b)(3)(i); and
0
b. Removing the words ``downpayment assistance'' and in their place
adding the words ``homeownership assistance'' in paragraph (b)(4).
The revisions read as follows:
Sec. 92.250 Maximum per-unit subsidy amount, underwriting, and
subsidy layering.
(a) Maximum per-unit subsidy amount. The total amount of HOME funds
that a participating jurisdiction may invest on a per-unit basis in
affordable housing may not exceed the per-unit dollar limits
established by HUD in accordance with section 212(e) of the Act. HUD
will publish the per-unit dollar limits for the area in which the
housing is located annually. HUD will publish its methodology for
determining maximum per-unit dollar limits through a publication in the
Federal Register with the opportunity for comment.
[[Page 16087]]
(b) * * *
(3) * * *
(i) An underwriting analysis of the homeowner's ability to repay
the HOME-funded rehabilitation loan is required only if the loan is an
amortizing loan; and
* * * * *
0
3. Effective October 30, 2025, further amend Sec. 92.250 by adding
paragraph (c) to read as follows:
Sec. 92.250 Maximum per-unit subsidy amount, underwriting, and
subsidy layering.
* * * * *
(c) Green building standards. A participating jurisdiction may
exceed the per-unit dollar limits described in paragraph (a) of this
section by up to 10 percent if the project meets one of the green
building standards identified by HUD and published in the Federal
Register.
Scott Turner,
Secretary.
[FR Doc. 2025-06492 Filed 4-16-25; 8:45 am]
BILLING CODE 4210-67-P
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