New Jersey Housing and Mortgage Finance Agency | Construction Only Loan Program
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Developers > Multifamily > Construction Only Loan Program


Multifamily Financing Programs
Multifamily Lending/Preservation
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Construction Only Loan Program
Please Take Notice

These underwriting guidelines, policies, procedures, and forms may be amended from time to time due to changes in market conditions and/or changes in the HMFA's housing policies or initiatives. Such amendments may occur without notice and are applicable to all pending and future applications. Applicants are, therefore, responsible for contacting the HMFA to ascertain whether or not there have been any changes since the date of these guidelines and for complying with such changes. Unless otherwise stated in these guidelines the Multifamily Rental Financing Program guidelines apply.

Eligible Projects Projects being built as a result of the awarding of a HUD Turnkey Contract from a local Housing Authority to a developer with the intention that the local Housing Authority will purchase the project upon construction completion; Projects receiving an award of HUD HOPE VI Contract; and projects in need of a construction bridge loan or construction only loan.

Sponsoring entity must be formed for the sole purpose of owning and operating the project and shall own no other assets unrelated to the project.

Maximum Loan Amount

Developers may borrow 90% of the HUD or local Housing Authority’s guaranteed purchase price.  No developer fees may be paid from the HMFA loan.

For non-profit developers, the maximum loan amount may not exceed 100% of the total project costs.

For profit-motivated developers, the maximum loan amount may not exceed 90% of the total project costs. The 90/10 ratio of loan amount to project cost must be maintained on a cumulative basis for each construction draw when using HMFA construction financing.

For all loans, whether to non-profit or profit-motivated developers, the HMFA reserves the right to set the actual loan amount in accordance with the HMFA's overall program goals, and determination of acceptable risk. Accordingly, the actual loan amount may be less than the maximum amount permitted above.

Term

The maximum loan term is coterminous with the HUD Turnkey Contract or up to and including two years.

Junior Financing

The HMFA will not permit junior financing that begins amortization prior to the payoff of the HMFA construction loan.

Lien Status All loans will be secured by a first mortgage on the land and improvements.
Security/Collateral

Loans with Turnkey Contract will be additionally secured by an assignment of a Turnkey Contract in the amount of 110% of the Agency mortgage. All other loans are secured or collateralized by a first lien on the land and improvements. All means of security must be satisfactory to the HMFA.

Construction Period Risk All loans must be secured by a 100% payment and performance bond for a term from the HMFA loan closing date through 2 years from the date of issuance of the Certificate of Occupancy or Architect's Certification of Substantial Completion, whichever is the later.

When doing staged take-out financing, the bond shall be in an amount sufficient to cover the cost of all site improvements and all phases of a staged take-out development.

* All bonding companies must be rated with an A.M. Best Rating of B+ or better.
Financing Fees

The HMFA charges one point origination fee.  In addition, a .5% construction-servicing fee will be charged on each construction draw.

Developers will be responsible for payment of a non-refundable application fee of $2,500 due at the time of the initial application.

Mortgage Interest Rate

The mortgage interest rate is a fixed rate for the term of the mortgage and will be determined based upon the HMFA’s actual cost of funds and allowable spread.  At the earlier of the following:  execution of rate lock,  loan closing, or one week prior to bond  pricing the rate will be locked.  For current rates, you may call the Multi-Family Programs Division or visit our website.

Commitment Fee or Indemnification Deposit The Developer will be required to pay a commitment fee in an amount equal to one (1) percent of the estimated mortgage amount projected at mortgage but not to exceed $50,000.  This fee may be paid in cash or posting an unconditional and irrevocable letter of credit acceptable to the HMFA.
Re-Commitment Fee (non-refundable) A $2,500 re-commitment fee will be charged.  This fee is due prior to the Board issuance of a re-commitment.
Underwriting Analysis
  • Site inspection.
  • Land valuation - The HMFA recognizes the lesser of the appraised value or the purchase price of the last arms length transaction, as determined by the HMFA.
  • Review of construction budget.
  • Design review of site plan, buildings, and units.
  • Affirmative Housing Marketing Plan NJAC 5:80-22

Building Design

The HMFA discourages the use of EIFS (Exterior Insulation Finish Systems such as DRYVIT) and electric heating systems.  If the use of either of these systems is contemplated, it must be disclosed at the application stage and written authorization received from the HMFA before engaging professionals to produce Design Development drawings.
Developers are encouraged to make developments as energy efficient as possible by utilizing the standards provided in the DOE/EPA’s Energy Star Program Guidelines.  "Green" design is also strongly encouraged.

For substantial (gut) rehabilitation projects, a structural engineering report on the existing structure, acceptable to the HMFA, must be submitted.  All existing mechanical, plumbing and electric systems must be replaced.
If the degree of rehabilitation to be accomplished is less than substantial, an engineer's report describing the condition of these building systems, and listing their recommendations, must be submitted.  The HMFA's GUIDELINES AND CHECKLIST FOR ASSESSING EXISTING BUILDING SYSTEMS describes issues and offers recommendations to follow in preparing this report.
In senior citizen buildings the following items are to be installed:

  • Emergency pull cords in bathrooms and bedrooms.
  • A grab bar to facilitate entering and exiting a bathtub or shower.
  • Handrails on both sides of common corridors.
  • An emergency generator serving common areas and elevators.
  • A trash chute and compactor.
Wage Rates General contractors and subcontractors must pay prevailing wages as determined by the N.J. Department of Labor except that prevailing wages determined by the U.S. Department of Labor under the Davis-Bacon Act shall be used if the HMFA construction loan is subject to direct or indirect federal assistance, e.g., the project receives project-based Section 8 subsidies.
Sales Tax Exemption

Sales of materials or supplies to housing sponsor utilizing HMFA construction financing are exempt from NJ State Sales tax.  Sales of materials or supplies to contractors for the purpose of erecting housing projects which have received HMFA construction financing and other local, state or federal subsidies are exempt from NJ State sales tax.

Municipal Support The developer must obtain a resolution from the municipality in which the project will be located reciting that there is a need for their particular housing project in that municipality.
Environmental Review

A Preliminary Assessment Report as described in N.J.A.C. 7:26E-3.2 is required.  Additional assessments such as a Site Investigation described in N.J.A.C. 7:26E-3.3 et seq., or DEP environmental remediation measures may also be warranted.  Rehabilitation projects must provide a plan for asbestos removal and remediation of lead-based point and radon.  A letter of “no further action” from DEP may be required.

A transaction update from the consultant, indicating that no further pollutants have been introduced to the site will be required on all assessments or investigations prepared more than six months prior to construction start.

Professional Liability
Insurance

Contractor

  • 100% payment and performance bond
  • General liability
  • Workmen's compensation
  • Contractor's public liability in the sum of $1,000,000/$3,000,000 and property insurance of $250,000/$500,000

Architect

Architects must have, Errors & Omission Insurance of 10% of the construction costs or $250,000, whichever is greater.

*All bonding companies must be rated with an A.M. Best Rating of B+ or better.

 
Developer's Fee TheDeveloper's Fee will be paid upon the repayment of the HMFA loan and is limited to the remaining funds allocated to the Turnkey Contract.
Escrow Requirements

The development budget must include funding for insurance, and real estate taxes for the term of the HMFA mortgage.  The escrows are to be funded at the time of loan closing.

Construction Contingency

The contingency may be used to cover increases in both hard and soft costs.

The budgeted contingency for new construction projects is 5% of the construction costs.

The contingency for rehabilitation projects is 10% of the construction costs.  This may be adjusted based upon an acceptable engineering report submitted to the HMFA.  The budgeted contingency for soft costs must be at a minimum of 1% of the budgeted expenses.

NJ Housing and Mortgage Finance Agency, 637 South Clinton Avenue, P.O. Box 18550, Trenton, NJ 08650
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New Jersey Housing and Mortgage Finance Agency
637 South Clinton Avenue
P.O. Box 18550
Trenton, NJ 08650
609-278-7400
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