Energy Efficient Mortgage
HUD Mortgagee Letter 98-02
U. S. Department of
Housing and Urban Development
Washington, D.C. 20410-8000
January 2, 1998
OFFICE OF THE ASSISTANT
SECRETARY FOR HOUSING
FEDERAL HOUSING COMMISSIONER
MORTGAGEE LETTER 98-2
TO: ALL APPROVED
MORTGAGEES
SUBJECT: Single
Family Production - Applying the HUD Rehabilitation Energy Guidelines to the
Section 203(k) Rehabilitation Mortgage Insurance Program
Section 101(c) of the 1978
Amendments to the National Housing Act requires that rehabilitation under the
Section 203(k) Rehabilitation Mortgage Insurance Program meet the Secretary's
cost-effective energy conservation standards. This Mortgagee Letter is to
advise you of the use of HUD Rehabilitation Energy Guidelines to meet the
requirement of Section 101(c).
Energy standards for
rehabilitation were originally published in 1979 as 24 CFR Part 39. However,
they were rescinded on September 11, 1995, in keeping with the President's
initiative to reduce government regulation. This regulation has now been
replaced by the "HUD Rehabilitation Energy Guidelines for One-to-Four
Family Dwellings" (Guidelines).
The Guidelines recommend
that improvements meet the level of energy efficiency specified in the 1992
CABO Model Energy Code, whenever the upgrade is found to be cost-effective.
This code, required for new construction assisted by HUD, has been recognized
as the goal for property rehabilitation, Cost-effective energy measures will
be required for rehabilitation insured under Section 203(k).
Chapter 3 of the Guidelines
will help the borrower determine the steps necessary to increase the energy
efficiency of the house. The chapter provides general recommendations,
guidance on what is cost-effective, envelope recommendations, heating and
cooling system recommendations, domestic hot water system recommendations, and
lighting and appliance recommendations.
As part of the work
write-up, the borrower and/or their consultant must assess the energy
condition and needs of the house as discussed in the Guidelines, to determine
the cost effectiveness of the improvements. The borrower and/or consultant can
use (1) the worksheets in Appendix G of the Guidelines; or (2) a Home Energy
Rating prepared by a certified rater and a Home Energy Rating provider. If the
Home Energy Rating is used, the borrower may be eligible for an FHA Energy
Efficient Mortgage as discussed in Mortgagee Letter 95-46 . Local power
companies may also be able to help with the cost effectiveness determination.
2
After the
cost-effectiveness determination has been made, the borrower and the
consultant can complete the work write-up. At a minimum, improvements must be
made to assure the building meets the following requirements, as discussed in
the Guidelines:
1. For a newly constructed
addition to the existing structure, the energy improvements must meet or
exceed local codes and the requirements in the 1992 CABO Model Energy Code.
2. To reduce air
infiltration: (1) Weatherstrip all doors and windows when existing
weatherstripping is inadequate or nonexistent; and (2) Caulk or seal all
openings, cracks or joints in the building envelope.
3. Insulate ceilings to
comply with Table 3-1a in the Guideline if access can be obtained to install
or add insulation. Insulate all openings in exterior walls to comply with
Table 3-2 where the cavity has been exposed as a result of the rehabilitation.
4. Adequately ventilate
attic and crawl space areas as required by the local building code for a newly
constructed property.
5. Insulate heating,
ventilating and air conditioning system supply and return pipes and ducts
whenever they run through unconditioned spaces.
6. Size heating systems,
burners and air conditioning systems to be no greater than 15 percent
oversized, except to satisfy the manufacturers' next closest nominal size.
7. Install an approved,
listed and labeled smoke detector(s) adjacent to the sleeping area(s) It may
be battery powered when installed in an existing or rehabilitated dwelling.
However, for a newly constructed dwelling or addition, the smoke detector must
receive its primary power from the building wiring, in conformance to local
codes and ordinances.
As described in Mortgagee
Letter 96-21 , FHA Section 203(k) can work well with housing grant programs,
such as HOME and Community Development Block Grants. Local operators of these
programs may also use the Guidelines to determine the cost- effectiveness of
energy measures in rehabilitation assisted separately by the housing grant
programs.
Copies of the Guidelines
(HUD-7480) with computer software at $10 and explanatory pamphlets (BRO-0074)
at $2.50, are available from HUD USER, P.O. Box 6091, Rockville, MD 20849. For
information call 1-800-245-2691 or 800-483-2209 (TTY for hearing impaired), or
fax (301) 251-5767. 3
In addition, the
eligibility requirements for an Energy Efficient Mortgage are now available
for a one-to-four unit properties, for both Section 203(b) and Section 203(k)
insured mortgages. However, the cost of the energy efficient improvements
allowed in the mortgage must remain the same (the greater of $4,000 or 5% of
the property's value not to exceed $8,000) since the Department does not have
legislative authority to increase the allowable cost for a two-to-four unit
property.
If you have questions
regarding this Mortgagee Letter please contact the local HUD Office in your
area.
Sincerely,

Nicolas P. Retsinas
Assistant Secretary for Housing
-Federal Housing Commissioner
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