HUD issued Mortgagee Letter 2026-13 on Nov. 2, creating an Express Lane for FHA Section 221(d)(4) new-construction loans on 4% and 9% LIHTC deals, effective immediately, according to an alert from law firm Nixon Peabody. Eligible sponsors need at least three stabilized LIHTC deals in the past five years, $1 million in liquidity and $5 million in net worth, with experience thresholds also set for general contractors, architects and management agents. The initiative drops the earlier pilot's unit cap and 25% developer fee deferral requirement, restores the standard 80% loan-to-cost limit and keeps a 30-day target for firm commitment decisions. Projects with Section 8 project-based rental assistance are excluded, and standard underwriting thresholds still apply.
Why it matters
Experienced affordable housing developers using FHA construction financing could move LIHTC deals through underwriting and closing faster.
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