7 CFR Ch. XXXIV (1–1–11 Edition)
Total Page:16
File Type:pdf, Size:1020Kb
§ 3431.22 7 CFR Ch. XXXIV (1–1–11 Edition) (e) Debt Collection. Individuals in (c) All requests for waivers must be breach of a service agreement entered submitted to the Secretary in writing. into under this part are considered to (d) A program participant who is owe a debt to the United States for the granted a waiver in accordance with amount of repayment. Any such debt this section will be notified by the Sec- will be collected pursuant to the De- retary in writing. partment’s Debt Management regula- (e) Any obligation of a program par- tions at 7 CFR part 3. ticipant for service or payment will be canceled upon the death of the program § 3431.22 Waiver. participant. (a) A program participant may seek a § 3431.23 Service to Federal govern- waiver or suspension of the service or ment in emergency situations. payment obligations incurred under this part by written request to the Sec- (a) The Secretary may enter into retary setting forth the bases, cir- agreements of 1 year duration with vet- cumstances, and causes which support erinarians who have service agree- the requested action. ments for such veterinarians to provide services to the Federal Government in (b) The Secretary may waive any emergency situations, as determined service or payment obligation incurred by the Secretary, under terms and con- by a program participant whenever ditions specified in the agreement. compliance by the program participant (b) Pursuant to a service agreement is impossible or would involve extreme under this section, the Secretary shall hardship to the program participant pay an amount, in addition to the and if enforcement of the service or amount paid, as determined by the Sec- payment obligation would be against retary and specified in the agreement, equity and good conscience. of the principal and interest of quali- (1) Compliance by a program partici- fying educational loans of the veteri- pant with a service or repayment obli- narians. This amount will be provided gation will be considered impossible if in the RFA. the Secretary determines, on the basis (c) Agreements entered into under of information and documentation as this paragraph shall include the fol- may be required: lowing: (i) That the program participant suf- (1) A veterinarian shall not be re- fers from a physical or mental dis- quired to serve more than 60 working ability resulting in the permanent in- days per year of the agreement. ability of the program participant to (2) A veterinarian who provides serv- perform the service or other activities ice pursuant to the agreement shall re- which would be necessary to comply ceive a salary commensurate with the with the obligation; or duties and shall be reimbursed for trav- (ii) That the employment of the pro- el and per diem expenses as appropriate gram participant has been terminated for the duration of the service. involuntarily for reasons unrelated to job performance. § 3431.24 Reporting requirements, (2) In determining whether compli- monitoring, and close-out. ance by a program participant with the VMLRP participants will be required terms of a service or repayment obliga- to submit periodic reports per the tion imposes an extreme hardship, the terms and conditions of their service Secretary may, on the basis of infor- agreements. In addition, the Secretary mation and documentation as may be is responsible for ensuring that a required, take into consideration the VMLRP participant is complying with nature of the participant’s personal the terms and conditions of their serv- problems and the extent to which these ice agreement, including any addi- affect the participant’s ability to per- tional reporting or close-out require- form the obligation. ments. 480 VerDate Mar<15>2010 11:29 Mar 03, 2011 Jkt 223026 PO 00000 Frm 00490 Fmt 8010 Sfmt 8010 Y:\SGML\223026.XXX 223026 jdjones on DSKHWCL6B1PROD with CFR CHAPTER XXXV—RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE Part Page 3550 Direct single family housing loans and grants ........ 483 3560 Direct multi-family housing loans and grants ........ 527 3565 Guaranteed Rural Rental Housing Program ........... 650 3570 Community programs............................................. 679 3575 General .................................................................... 688 481 VerDate Mar<15>2010 11:29 Mar 03, 2011 Jkt 223026 PO 00000 Frm 00491 Fmt 8008 Sfmt 8008 Y:\SGML\223026.XXX 223026 jdjones on DSKHWCL6B1PROD with CFR VerDate Mar<15>2010 11:29 Mar 03, 2011 Jkt 223026 PO 00000 Frm 00492 Fmt 8008 Sfmt 8008 Y:\SGML\223026.XXX 223026 jdjones on DSKHWCL6B1PROD with CFR PART 3550—DIRECT SINGLE FAMILY 3550.112 Maximum loan and grant. 3550.113 Rates and terms (loans only). HOUSING LOANS AND GRANTS 3550.114 Repayment agreement (grants only). Subpart A—General 3550.115 WWD grant program objectives. Sec. 3550.116 Definitions applicable to WWD 3550.1 Applicability. grants only. 3550.2 Purpose. 3550.117 WWD grant purposes. 3550.3 Civil rights. 3550.118 Grant restrictions. 3550.4 Reviews and appeals. 3550.119 WWD eligibility requirements. 3550.5 Environmental requirements. 3550.120–3550.149 [Reserved] 3550.6 State law or State supplement. 3550.150 OMB control number. 3550.7 Demonstration programs. 3550.8 Exception authority. Subpart D—Regular Servicing 3550.9 Conflict of interest. 3550.10 Definitions. 3550.151 Servicing goals. 3550.11 State Director assessment of home- 3550.152 Loan payments. owner education. 3550.153 Fees. 3550.12–3550.49 [Reserved] 3550.154 Inspections. 3550.50 OMB control number. 3550.155 Escrow account. 3550.156 Borrower obligations. Subpart B—Section 502 Origination 3550.157 Payment subsidy. 3550.158 Active military duty. 3550.51 Program objectives. 3550.159 Borrower actions requiring RHS ap- 3550.52 Loan purposes. proval. 3550.53 Eligibility requirements. 3550.160 Refinancing with private credit. 3550.54 Calculation of income and assets. 3550.161 Final payment. 3550.55 Applications. 3550.162 Recapture. 3550.56 Site requirements. 3550.163 Transfer of security and assump- 3550.57 Dwelling requirements. tion of indebtedness. 3550.58 Ownership requirements. 3550.59 Security requirements. 3550.164 Unauthorized assistance. 3550.60 Escrow account. 3550.165–3550.199 [Reserved] 3550.61 Insurance (loans only). 3550.200 OMB control number. 3550.62 Appraisals. 3550.63 Maximum loan amount. Subpart E—Special Servicing 3550.64 Down payment. 3550.201 Purpose of special servicing ac- 3550.65 [Reserved] tions. 3550.66 Interest rate. 3550.202 Past due accounts. 3550.67 Repayment period. 3550.68 Payment subsidies. 3550.203 General servicing actions. 3550.69 Deferred mortgage payments. 3550.204 Payment assistance. 3550.70 Conditional commitments. 3550.205 Delinquency workout agreements. 3550.71 Special requirements for condomin- 3550.206 Protective advances. iums. 3550.207 Payment moratorium. 3550.72 Community land trusts. 3550.208 Reamortization using promissory 3550.73 Manufactured homes. note interest rate. 3550.74 Nonprogram loans. 3550.209 [Reserved] 3550.75–3550.99 [Reserved] 3550.210 Offsets. 3550.100 OMB control number. 3550.211 Liquidation. 3550.212–3550.249 [Reserved] Subpart C—Section 504 Origination and 3550.250 OMB control number. Section 306C Water and Waste Dis- posal Grants Subpart F—Post-Servicing Actions 3550.101 Program objectives. 3550.251 Property management and disposi- 3550.102 Grant and loan purposes. tion. 3550.103 Eligibility requirements. 3550.252 Debt settlement policies. 3550.104 Applications. 3550.253 Settlement of a debt by com- 3550.105 Site requirements. promise or adjustment. 3550.106 Dwelling requirements. 3550.254–3550.299 [Reserved] 3550.107 Ownership requirements. 3550.300 OMB control number. 3550.108 Security requirements (loans only). AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 1480. 3550.109 Escrow account (loans only). 3550.110 Insurance (loans only). SOURCE: 61 FR 59779, Nov. 22, 1996, unless 3550.111 Appraisals (loans only). otherwise noted. 483 VerDate Mar<15>2010 11:29 Mar 03, 2011 Jkt 223026 PO 00000 Frm 00493 Fmt 8010 Sfmt 8010 Y:\SGML\223026.XXX 223026 jdjones on DSKHWCL6B1PROD with CFR § 3550.1 7 CFR Ch. XXXV (1–1–11 Edition) Subpart A—General Protection Act (15 U.S.C. 1601 et seq.). All activities under this part shall be § 3550.1 Applicability. accomplished in accordance with the This part sets forth policies for the Fair Housing Act (42 U.S.C. 3601–3620), direct single family housing loan pro- Executive Order 11246, and Executive grams operated by the Rural Housing Order 11063, as amended by Executive Service (RHS) of the U.S. Department Order 12259, as applicable. The civil of Agriculture (USDA). It addresses the rights compliance requirements for requirements of sections 502 and 504 of RHS are in 7 CFR part 1901, subpart E. the Housing Act of 1949, as amended, and includes policies regarding both § 3550.4 Reviews and appeals. loan and grant origination and serv- Whenever RHS makes a decision that icing. Procedures for implementing is adverse to a participant, RHS will these regulations can be found in pro- provide the participant with written gram handbooks, available in any notice of such adverse decision and the Rural Development office. Any provi- participant’s rights to a USDA Na- sion on the expenditure of funds under tional Appeals Division hearing in ac- this part is contingent upon the avail- cordance with 7 CFR part 11. Any ad- ability of funds. verse decision, whether appealable or § 3550.2 Purpose. non-appealable may be reviewed by the next-level RHS supervisor. The purpose of the direct RHS single family housing loan programs is to pro- § 3550.5 Environmental requirements. vide low- and very low-income people who will live in rural areas with an op- (a) Policy. RHS will consider environ- portunity to own adequate but modest, mental quality as equal with economic, decent, safe, and sanitary dwellings social, and other relevant factors in and related facilities. The section 502 program development and decision- program offers persons who do not cur- making processes.