Federal Register Extracts
Agency: "Office of the Assistant Secretary for Housing--
SUMMARY: This final rule amends
DATES:
Effective date:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
National Flood Insurance Program Statutory Framework and the Biggert-Waters Act of 2012 The National Flood Insurance Act of 1968 (the 1968 Act) and the FDPA, as amended, govern the National Flood Insurance Program (NFIP). /1/ The 1968 Act makes federally backed flood insurance available to owners of improved real estate or manufactured homes located in special flood hazard areas (SFHAs) if their community participates in the NFIP.
FOOTNOTE 1 See Public Law 90-448 (1968); Public Law 93-234 (1973). These statutes are codified at 42 U.S.C. 4001 et seq. END FOOTNOTE
Until the adoption of the FDPA in 1973, the purchase of flood insurance was voluntary. Section 102 of the FDPA made the purchase of flood insurance mandatory. Specifically, it provides that no Federal officer or agency may approve any financial assistance for acquisition or construction /2/ in any area identified as having SFHAs and in which the sale of flood insurance has been made available under the 1968 Act, unless the building or mobile home and any personal property is covered by flood insurance. The National Flood Insurance Reform Act of 1994 /3/ (Reform Act) requires the owner of a property located in a community participating in the NFIP, and mapped in a SFHA, to purchase flood insurance as a condition of receiving a mortgage backed by the
FOOTNOTE 2 Defined at 42 U.S.C. 4003(a)(4). END FOOTNOTE
FOOTNOTE 3 Title V of the
The Biggert-Waters Flood Insurance Reform Act of 2012, amended in 2014, (Biggert-Waters Act) /4/ further amended the Federal flood insurance statutes to encourage private-sector participation. However, it does not impose requirements on FHA-insured loans. The Biggert-Waters Act requires the Federal entities for lending regulation (the
FOOTNOTE 4 Public Law 112-141 (2012). END FOOTNOTE
FOOTNOTE 5 See id. END FOOTNOTE
HUD's Proposed Rule
On
HUD's proposed rule included a provision with a compliance aid designed to help mortgagees evaluate whether a flood insurance policy meets HUD's definition of "private flood insurance." HUD's proposal provided, however, that a mortgagee may make its own determination and choose not to rely on this statement and that the provision would not relieve a mortgagee of the requirement to accept a policy that both meets the definition of "private flood insurance" and fulfills the flood insurance coverage requirement, even if the policy does not include the compliance aid statement. In other words, this provision would not permit mortgagees to reject policies solely because they are not accompanied by the compliance aid statement. Mortgagees that are regulated lending institutions may seek additional compliance aids on the policy.
HUD's proposed rule also sought public input on specific aspects of HUD's proposal. HUD sought public comment on whether FHA regulations should state that a mortgagee may accept a qualifying private flood insurance policy in lieu of an NFIP policy or that a mortgagee must accept a qualifying private flood insurance policy in lieu of an NFIP policy. Additionally, HUD sought public feedback on its proposed compliance aid. Specifically, HUD sought public comment on the language and option for the proposed HUD compliance aid for private flood insurance policies to demonstrate compliance with HUD's definition and requirements for private flood insurance.
HUD noted that its proposed rule differed from the Federal regulators' rule, published in the
II. Changes Made at the Final Rule Stage
In consideration of the public comments, HUD's experience implementing the program, and HUD's goals of aligning with the Biggert-Waters Act while mitigating risk and protecting taxpayers' funds, this final rule adopts with minor changes HUD's proposal published on
HUD revises
--This is a summary of a
Final rule.
CFR Part: "24 CFR Parts 201, 203, and 206"
RIN Number: "RIN 2502-AJ43"
Citation: "87 FR 70733"
Document Number: "Docket No. FR-6084-F-02"
Federal Register Page Number: "70733"
"Rules and Regulations"
Acceptance of Private Flood Insurance for FHA-Insured Mortgages
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