All properties under the Section 184 Program must be decent, safe, and sanitary and must conform to general construction standards for the region. The Section 184 statute specifies the standards listed below. The following property standards represent a minimum level of housing quality. The lender, individual owner, Tribe or IHA/TDHE may wish to develop a property that meets a higher standard. The Tribe/IHA/TDHE must indicate to the lender which construction codes are followed, how building permits are handled and how building inspections will be performed.
| a. | Heating System. The heating system must: |
| 1. | Have the capacity to maintain a minimum temperature of 65 degrees Fahrenheit during the coldest weather in the area. |
| 2. | Be safe to operate and maintain. |
| 3. | Deliver a uniform distribution of heat. |
| 4. | Conform to any applicable Tribal heating code. If there is no applicable Tribal code, the system must conform to the applicable county, state, or national code. |
| b. | Plumbing System. The plumbing system must: |
| 1. | Use a properly installed system of piping. |
| 2. | Include a kitchen sink and a separate bathroom with lavatory, toilet, and bath or shower. |
| 3. | Use water supply, plumbing, and sewage disposal systems that conform to any applicable Tribal code. If there is no applicable Tribal code, the plumbing must comply with the minimum standards established by the applicable county or state. If water and sewer systems cannot be connected to public systems, the water well and/or septic system must meet the requirements of the local health authority with jurisdiction. |
| c. | Electrical System. The electrical system must use wiring and equipment that is properly installed and safely supplies electrical energy for lighting and operation of appliances and that conforms to any applicable Tribal code. If there is no applicable Tribal code, the electrical system must comply with an appropriate county, state, or national code. |
| d. | Unit Size. The Section 184 statute specifies minimum unit sizes for the Program. The statute does not specify a maximum unit size, although all units must be modest in size and design (see paragraph 4.3). Borrowers should select homes that are within their budget and meet the needs of their family. |
The size of the unit may be no smaller than:
| 1. | 570 square feet in size, if the unit is designed for a family of one to four persons. |
| 2. | 850 square feet in size, if the unit is designed for a family of between five and seven persons. |
| 3. | 1,020 square feet in size if the unit is designed for a family of eight or more persons. |
OR
| 4. | The unit must be of the size provided under locally adopted standards for the size of dwelling units. |
The Department may waive the above-stated unit size requirements based upon a request from a tribe or IHA/TDHE. If such a waiver is desired, the Tribe or IHA/TDHE should send a letter explaining the necessity of the change, along with any relevant background data or materials to the Program ONAP.
| e. | Energy Efficiency. For new construction or substantial rehabilitation (rehabilitation costing $25,000 or more), the dwelling unit must comply with the energy performance standards for new construction established by the Department under section 526(a) of the National Housing Act. |
| f. | Lead-Based Paint. The dwelling unit must comply with lead-based paint rules at 24 CFR Part 35 (i.e., no cracking, peeling, scaling paint). The Environmental Protection Agency’s (EPA) lead-based paint pamphlet must be given to borrowers purchasing pre-1978 units before execution of the sales contract and include an acknowledgement signed by the borrower. The EPA Pamphlet, Protecting Your Family From Lead In Your Home, may be ordered through the Government Printing Office by calling: (202) 512-1800, stock number 055-000-00507-9. |
Units must substantially meet all of the above-listed standards before borrowers will be allowed to move in. It is possible that a few minor "punch list" items may remain incomplete at the time that the borrower takes possession of the property. If that is the case, the lender must ensure that these final improvements are completed. See Paragraph 5.18a(3).
| g. | Compliance with Fair Housing Act Design and Construction Requirements. Until October 1, 1997, for those IHAs/TDHEs subject to the Fair Housing Act, all four unit newly constructed dwellings shall comply with the accessibility design and construction requirements set forth at 24 CFR Section 100.205. |
