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Financial Services Law Insights and Observations

FHFA proposes changes to the Affordable Housing Program requirements

Agency Rule-Making & Guidance Fannie Mae Freddie Mac Servicing Guide FHFA Federal Register

Agency Rule-Making & Guidance

On March 6, the Federal Housing Finance Agency (FHFA) announced a proposed rule to modify the Federal Home Loan Banks’ (FHLBanks) Affordable Housing Program (AHP). Under the Federal Home Loan Bank Act, FHLBanks are required to establish an AHP that provides subsidies to low-income consumers to purchase a home; for long-term, low- and moderate-income rental housing; and for the purchase, construction or rehabilitation of qualifying rental housing. According to the FHFA, the proposed amendments are intended to assist FHLBanks in better aligning their AHP funds with the affordable housing needs of their districts. Among other things, the proposed amendments would (i) provide FHLBanks additional authority to allocate their AHP funds; (ii) authorize FHLBanks to establish “special competitive funds” for specific district needs; (iii) allow FHLBanks to create their own project selection criteria; and (iv) align the AHP project monitoring requirements with other federal funding programs. Comments on the proposed rule will be due 60 days after publication in the Federal Register.

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