9 Types of Condo Projects that Must be Reviewed by HUD/HRAP
While HUD allows lenders with Direct Endorsement authority to review and approve condominium projects on HUD’s behalf (DELRAP), there are 9 different circumstances where the condominium must be reviewed directly by HUD (HRAP).
Condominiums in Florida. Due to the issues in the condominium real estate market in Florida, all condominium project approvals must be reviewed by the Atlanta Homeownership Center.
In Bankruptcy or Receivership. The fact that the condominium project or the developer is in bankruptcy or receivership is not an automatic disqualification for project approval but it must be reviewed by HUD.
Converted Non-Gut Rehabilitation Condominiums. This includes project submissions that have been converted to a condominium regime within two years of the date of recordation of the Declaration. Consult ML12-18 for the definition of “non-gut”.
Mixed-use condominiums with commercial space exceeding 25% of the total floor area. The standard guideline for commercial space in a condominium project is 25%. However, HUD will allow up to 50% commercial floor area on an exception basis but it must be reviewed by HUD.
Live-work condominium projects. Condominiums containing live-work units must be reviewed by HUD.
Condominiums with Rent-stabilized and Below-Market-Rent (BMR) units. These must be reviewed by HUD.
Condominiums containing Affordable Housing Units. Condominiums with Affordable Housing Units may be eligible for project approval if they meet the requirements of 24CFR203.41 but must be reviewed by HUD.
Condominiums that have been Rejected or Withdrawn in the previous 12 months. If a condominium has been Rejected or Withdrawn either through HRAP or DELRAP, the project must be submitted to HUD for approval/reconsideration.