HUD SECTION 232 : NEW CONSTRUCTION OR SUBSTANTIAL REHABILITATION OF SKILLED NURSING AND ASSISTED LIVING FACILITIES PROFIT-MOTIVATED SPONSOR

Eligible Properties:

Proposed new construction or substantial rehabilitation (including both purchase and refinancing) of skilled nursing, assisted living and other specialty care facilities Assisted Living facilities must provide room, board, and continuous protective oversight. No "founded fees", life care fee or other up-front fees are allowed In order to qualify as a substantial rehabilitation project, either (1) the cost of repairs, replacements or improvements must exceed 15% of the property's value after completion, or (2) two or more major building systems must be replaced.

Loan Type:

Construction loan plus up to 40-year permanent loan

Maximum Loan:

New Construction:

Amount equal to the lesser of:

1.       90% of appraised value, including major moveables;

2.       90% of the HUD estimated replacement cost; or

3.       1.11 debt service coverage

Substantial Rehabilitation Projects:

The lesser of the three criteria above; or Refinance:

4.       100% of the estimated rehabilitation cost plus the lessor of: a. existing secured indebtedness; or b. 90% of the "as is" value before rehabilitation; or Purchase:

5.       90% of the estimated rehabilitation cost plus the lesser of: a. 90% of the actual purchase price of the property; or b. 90% of the "as is" value before rehabilitation 

Interest Rates:

Fixed rate determined by market rates at the time of rate lock

Amortization:

Construction loan which converts into a 40-year, fully amortizing loan

Personal Recourse: Non-recourse

Assumability:

Assumable, subject to NYCL’s approval

Subordinate Financing:

Generally not permitted, special requirements apply

Prepayment: Negotiable

Wage Requirements:

Adherence to Davis-Bacon prevailing wage laws is required

Annual Mortgage Insurance Premium:

During the construction period, 0.5% of the loan amount is paid annually in advance. After commencement of amortization, 0.5% of the average principal balance is escrowed on a monthly basis

Escrows:

Monthly escrows for real estate taxes, property insurance, reserves for replacement, sinking fund (if applicable), and mortgage insurance premiums

Commercial Space:

Up to 10% of the gross floor area of the project. Commercial activity must be compatible with the use of the facility. Day care space is not considered commercial

Environmental Issues:

Special rules apply for properties which are located in Flood Hazard Zones as designated by FEMA

Application Fee:

A non-refundable fee of 0.3% of the requested mortgage amount is payable to HUD at the time of application, plus estimated underwriting costs for market study, appraisal, architectural/engineering report, cost analysis, environmental assessment and other loan processing costs

Inspection Fee:

For New Construction projects, 0.5% of the mortgage amount is payable to HUD at Initial Endorsement. For Sub-Rehabilitation Projects, 0.5% of the cost of improvements is paid to HUD at Initial Endorsement

Financing and Placement Fees: Negotiable

Closing Expenses:

Standard transaction costs, including legal fees, title insurance and survey

Other HUD Requirements:

Cash escrows or letters of credit are required for the following:

1.       Forecasted operating deficits, to be released 12 months after final endorsement if breakeven operations have been achieved

2.      2% of the mortgage amount for working capital, to be released 12 months after project completion if loan is not in default

3.       Purchase of any minor non-realty items

4.       100% performance and 100% payment bond or a letter of credit equal to 15% or 25% (depending on structure type) of the construction contract

5.       If not covered by performance and payment bond, 2.5% of the construction contract amount as latent defects guarantee

6.       100% of off-site construction costs

State Certification:

A Certificate of Need and an operating license must be submitted if required by state or local law

An assisted living or board and care facility must be regulated by the state or political subdivision in which the facility is located

HUD Processing Time:

Two stages for HUD Multifamily Accelerated Processing (MAP) procedures:

  1. Pre-Application Stage: 45 days for review
  2. Firm Commitment Stage: 45 days for review
 
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