In today’s Federal Register, HUD published the above ANPR to solicit comments that can be used for future revision of the definition of “required use” contained in Regulation X (24 CFR 3500.2(b)). If you do not want the debacle the lending community experienced when HUD attempted to revise the required use definition in its November 17, 2008 final rule (HUD withdrew this revised definition by final rule published May 15, 2009), we urge you to comment on this ANPR before the September 1, 2010 due date. While the ANPR seeks comments on any aspect of required use as it relates to affiliated business arrangements, it specifically requests that commenters respond to the questions set out in the ANPR. The ANPR is self-explanatory. Please read it and send your comments to HUD by mail or electronic submission in accordance with the instructions set out in the ANPR. A copy of the ANPR is attached to this memorandum for your information and use.
