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RAD PIH Notice 2012-32 (.pdf, 1 MB) - National Low Income ...

RAD PIH Notice 2012-32 (.pdf, 1 MB) - National Low Income ...

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Attachment 1A – Conversion Documentation and Guidelines1A.2 Contents of the <strong>RAD</strong> Conversion Commitment (RCC)The RCC letter will include key conditions of the conversion, including but not limited to:A. The Effective Date of the HAP. HUD will execute the HAP pre closing and deliver it to theclosing escrow agent, but the HAP will not be effective until the closing date.B. Level of Rehab-Construction / Contingency / Rehab Management. Rehabilitation orconstruction amount (including contingency) and requirements for establishment andadministration of the rehabilitation or construction funds.If FHA financing under Section 221(d) of the <strong>National</strong> Housing Act is used,rehabilitation will be funded by draws during construction rather than through an escrow.Escrow will be managed by the lender (if applicable), with inspection and drawrequirements that are commercially available and reasonable.If there is no lender or investor, and rehabilitation or construction funds are provided bythe PHA or other sources, rehabilitation or construction will be managed by the PHA.C. Rehabilitation/Construction Timeline. A timeline for completion of all rehabilitation ornew construction items acceptable to HUD, from the date of closing the conversion and anyfinancing, depending on the scope of rehabilitation funded.D. Regulation of Uses of Funds.The required rehabilitation or construction must be funded and administered in acommercially standard and reasonable manner.E. Key Aspects of the Planned Conversion Transaction. To include key business terms of allloans, equity contributions and grants, pro forma stabilized cash flow, pro forma sources anduses, transaction costs, and disposition of existing loans and equity investments as applicable.F. Special Conditions. Transaction-specific conditions such as environmental remediation, orkey requirements regarding funding sources other than a new first mortgage loan.G. Replacement Reserves. The RCC will specify the annual funding for replacement reserves.H. Requirements for Management of Rehabilitation or Construction. The followingrequirements will be applicable for the management of initial repairs identified in theapproved Financing Plan:Any temporary relocation of families that is necessitated by any rehabilitation to theproject may be subject to the Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970 (URA) and its implementing regulations (49 CFR Part24).<strong>PIH</strong>-<strong>2012</strong>-<strong>32</strong> (HA) Rental Assistance Demonstration – Final Implementation 71

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