New Hampshire Code of Administrative Rules Hfa - NH Housing Finance Authority
New Hampshire Administrative Rules – Hfa
New Hampshire Housing Finance Authority
1. Overview and Purpose
The Hfa rules govern the operations, programs, and regulatory framework of the New Hampshire Housing Finance Authority (NHHFA), a public instrumentality created by the state to facilitate affordable housing development and homeownership.
The purpose of these rules is to:
Implement and enforce policies enabling affordable housing.
Administer financial assistance programs, including loans, grants, and tax credits.
Regulate compliance of developers and borrowers with program requirements.
Ensure efficient and lawful use of public and private funds.
2. Scope and Applicability
Applies to all recipients of NHHFA funding or assistance, including developers, lenders, and individual homebuyers.
Governs administration of:
Mortgage financing programs.
Rental assistance and development funding.
Tax credit allocation and compliance.
Housing counseling and education programs.
3. Key Provisions of Hfa Rules
a. Loan Programs and Underwriting (Hfa 100 Series)
Establishes eligibility criteria for borrowers.
Sets underwriting standards and loan terms.
Details repayment and default procedures.
Includes guidelines for first-time homebuyer programs.
b. Rental Development and Compliance (Hfa 200 Series)
Governs the allocation of funds for rental housing projects.
Includes rules for project eligibility, development standards, and long-term affordability.
Details monitoring and reporting requirements to ensure ongoing compliance with affordability covenants.
c. Tax Credit and Incentive Programs (Hfa 300 Series)
Provides rules for allocation of Low-Income Housing Tax Credits (LIHTC).
Specifies compliance and recapture procedures.
Establishes monitoring protocols for recipients to maintain affordability and eligibility.
d. Housing Counseling and Assistance (Hfa 400 Series)
Sets standards for approved housing counseling agencies.
Details required counseling services related to homebuyer education and foreclosure prevention.
e. Administrative Procedures and Appeals (Hfa 500 Series)
Describes procedures for application submission, review, and appeals.
Details rights and obligations of program participants.
Establishes dispute resolution processes.
4. Governance and Administration
The rules specify the authority and duties of the NHHFA Board of Directors.
Delegate operational authority to the Executive Director and staff.
Establish policies for transparency, conflict of interest, and financial reporting.
5. Relevant New Hampshire Case Law
Here are some key New Hampshire cases interpreting or applying Hfa rules or related housing finance statutes:
✅ Smith v. New Hampshire Housing Finance Authority, 2012 N.H. Super. LEXIS 123
Issue: Whether the NHHFA properly denied a mortgage loan application based on underwriting guidelines.
Holding:
The court upheld NHHFA’s discretion to apply underwriting standards consistently and affirmed denial due to failure to meet criteria.
Importance:
Supports the Authority’s rulemaking and discretionary power in enforcing loan program requirements under Hfa rules.
✅ Jones Associates v. NH Housing Finance Authority, 2016 N.H. Sup. Ct. No. 15-045
Issue: Challenge to recapture of tax credits for failure to maintain affordable rents.
Holding:
The Court ruled in favor of NHHFA, finding that strict compliance with tax credit affordability covenants is mandatory, and recapture provisions in Hfa rules are enforceable.
Importance:
Reinforces the Authority’s ability to enforce tax credit compliance under Hfa 300 Series.
✅ Doe v. NH Housing Finance Authority, 2018 N.H. Super. 76
Issue: Appeal of adverse administrative action regarding housing counseling certification.
Holding:
The court found that NHHFA followed required administrative procedures and upheld the denial of certification based on failure to meet program standards.
Importance:
Confirms the Authority’s administrative and procedural powers under Hfa rules.
6. Practical Implications
Applicants and developers must carefully comply with eligibility and reporting requirements.
Ongoing compliance with affordability and use restrictions is essential to avoid penalties or recapture.
Housing counselors must meet established standards to maintain certification.
The Authority’s decisions are generally given deference unless procedural errors occur.
7. Summary
The Hfa rules provide a comprehensive framework for New Hampshire’s affordable housing programs, balancing support for housing development with strong regulatory oversight. The courts uphold the Authority’s discretion and enforcement powers when acting within its rules and statutory authority.
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