The FHA 203(b) Loan Program - STM Partners

New Construction, Continued
Builder
Certification
Procedure
Affirmative Fair
Housing
Marketing Plan
(AFHMP)
• The builder must complete the Builder Certification of Plans, Specifications, &
Site (HUD-92541). If there are flood hazards, runway clear zones/clear zones or
foreseeable hazards/adverse conditions noted on the certification, the DE
underwriter has the responsibility to determine if the health and safety of the
borrower or the underwriting risk is affected. The builder can use the certification
for more than one (1) property by attaching it to a list of properties with matching
FHA case numbers and entering “See Attached List” into the FHA case number
block on the form.
• The Builder Certification of Plans, Specifications, & Site (HUD-92541) is sent to
the appraiser with the appraisal request. The appraiser will indicate any
discrepancies noted, use it as a source to assist in determining the property
value and return the form with the appraisal report to the lender.
• The builder’s compliance with the Affirmative Fair Housing Marketing Plan
requirements must be noted on the Builder Certification of Plans, Specifications,
& Site (HUD-92541).
• Mortgagee Letter 01-09 states, to “streamline the process and assure better
compliance to HUD’s affirmative fair housing marketing requirements”, a fourth
option is now available to builders that sold 5 or more units in the past 12 month
period or plan to sell 5 or more units in the next 12 month period with FHA
insured financing.
• This new option-block “d”, paragraph 11 of the Builder Certification of Plans,
Specifications, & Site (HUD-92541), allows the builder to self certify compliance
with HUD’s affirmative fair housing marketing regulations.
• Builders must also maintain records of their affirmative fair housing marketing
activities and make them available to the Department upon request.
• If a builder opts to check block “d,” they no longer need to submit an individual
Affirmative Fair Housing Marketing Plan (AFHMP) to the department for
approval, sign a Voluntary Affirmative Marketing Agreement (VAMA), or contract
with another entity that has a VAMA or AFHMP.
• To obtain approval of an AFHMP, the builder or developer must complete and
file Form HUD-935.2 with the Fair Housing and Equal Opportunity (FHEO)
Division of the local HUD Field Office or the FHEO Program Operations
Divisions in HUD Regional Offices.
• THE AFHMP MUST BE APPROVED BY THE FHEO DIVISION BEFORE THE
BUILDER OR DEVELOPER BEGINS TO MARKET PROPERTIES.
• For new subdivisions being built in phases, an AFHMP must be filed for the first
phase.
• Builders or developers that are planning large phased subdivisions must consult
with the FHEO Division of the local HUD Field Office for further guidance.
• The FHEO Division can request the submission of new or amended AFHMPs for
subsequent phases.
Continued on next page
Section 2.22 July 27, 2012
FHA 203(b) Loan Program Page 36 of 217
Correspondent Seller Guide