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FHA / HUD Insured — Section 221(d)(4)

America's Best Construction Loan.

Non-recourse, 40-year fixed-rate financing for new multifamily construction and substantial rehabilitation — insured by HUD/FHA with high leverage and the industry's lowest long-term cost of capital.

43 yr
Max Loan Term
90%
Max LTV (Affordable)
Non-
Recourse
No Personal Guarantee
6.09%+
Starting Rate (2026)
Non-Recourse Financing 40-Year Fixed Rate Up to 90% LTV Davis-Bacon Wages Required MAP Processing: ~6-8 Months BSPRA Available Green MIP: 0.25% Fully Assumable Min 5 Units LIHTC Compatible New Construction & Rehab $4M Minimum Loan Non-Recourse Financing 40-Year Fixed Rate Up to 90% LTV Davis-Bacon Wages Required MAP Processing: ~6-8 Months BSPRA Available Green MIP: 0.25% Fully Assumable Min 5 Units LIHTC Compatible New Construction & Rehab $4M Minimum Loan
Program Overview

The HUD 221(d)(4) Loan at a Glance

Authorized by the National Housing Act (12 U.S.C. §1715l(d)(4)), this FHA mortgage insurance program is widely regarded as the "highest-leverage, lowest-cost, fixed-rate, non-recourse loan available" in multifamily real estate.

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43 yrs

Maximum Loan Term

Up to 36 months interest-only during construction, followed by 40 years of fully amortizing fixed-rate permanent financing. Total maximum term of 43 years — the longest fixed-rate term available in US commercial real estate.

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Non-Recourse

No Personal Guarantee

Borrowers are not personally liable if they default. The lender's only recourse is the property itself, subject to standard "bad boy" carve-outs for fraud and environmental issues. Protects developer personal assets.

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87–90%

Loan-to-Value Ratio

87% LTV for market-rate, up to 90% for affordable properties (Section 8 / LIHTC) and properties with 90%+ rental assistance. This high leverage reduces equity required and maximizes developer returns.

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Fixed

Fixed Rate for Life

Interest rate is fixed at loan commitment and remains the same throughout construction AND the full 40-year permanent period. Eliminates refinancing risk and provides unmatched long-term payment certainty.

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Assumable

Fully Assumable

With HUD/FHA approval, another qualified buyer can take over the loan at its original rate and terms. A huge advantage when rates are elevated — buyers inherit below-market financing with ~90 day approval process.

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$4M+

Minimum Loan Size

No official maximum loan size, though projects above $130M face more complex underwriting parameters. Suitable for mid-size to very large multifamily developments with 5+ units in any market.

Who Uses This Loan? The HUD 221(d)(4) is used by market-rate apartment developers, affordable housing developers (often combined with LIHTC), public housing authorities (RAD conversions), nonprofits, and experienced real estate investors who want maximum leverage with minimum long-term cost of capital. The program was designed for moderate-income families, elderly, and handicapped residents — but there are no income limits on residents for market-rate 221(d)(4) projects.
Loan Parameters

Complete Terms & Underwriting Criteria

Full program details as of 2025–2026. All parameters are subject to HUD policy updates — consult a MAP-approved lender for current guidance.

Loan PurposeNew construction or substantial rehabilitation of multifamily rental or cooperative housing
Loan TermUp to 43 years (36-month construction + 40-year permanent)
Interest RateFixed for life — set at commitment. Rate determined by 10-year Treasury + spread. Green-certified buildings receive ~0.35% rate reduction.
AmortizationFully amortizing over 40 years (permanent period)
Construction PeriodInterest-only for up to 36 months
Min Units5 residential units minimum
Min Loan Size$4 million (exceptions possible)
Max Loan SizeNo hard maximum — $125M threshold triggers enhanced operating deficit requirements; $130M triggers different sizing parameters
RecourseNon-recourse with standard bad-boy carve-outs
AssumabilityFully assumable with HUD approval (~90 days)
Commercial SpaceMax 25% of net rentable area; max 15% of underwritten EGI (up to 30% in Section 220 urban renewal areas)
Davis-BaconRequired — prevailing wages must be paid to all construction workers
Rate Lock30–180 day rate lock available after initial underwriting at 1% fee (refunded at closing); early rate lock available post-preliminary underwriting
Cash DistributionsSignificant restrictions — surplus cash may be distributed only after annual review and only if operating account is fully funded
Upfront MIP1.00% of loan amount at closing (construction stage)
PrepaymentGenerally locked out during construction; prepayment penalties apply in early permanent years
Working CapitalRequired escrow — greater of: operating deficit per appraisal, 3% of loan, or 4–6 months debt service (12 months for loans ≥$125M)
Construction Contingency2% of loan amount (new construction); required escrow for cost overruns

Mortgage Insurance Premium (MIP)

Annual MIP is paid monthly and is a critical component of all-in cost. Note: HUD updated MIP rates to 0.25% for all new multifamily programs as of recent policy changes — verify current rates with your lender.

Market Rate
Standard multifamily
0.65%
Affordable (Section 8 / LIHTC)
Project-based rental assistance or tax credits
0.45%
Section 220 Urban Renewal
Urban renewal area, not Section 8 or LIHTC
0.70%
🌿 Green MIP Reduction
Energy Star SEDI score ≥75 or LEED certified — re-certified annually
0.25%
DSCR Requirements: 1.18x for market-rate · 1.15x for affordable properties · 1.11x for rental assistance properties. Lower DSCR thresholds for affordable housing improve debt sizing and project feasibility.
2025 Statutory Per-Unit Lending Limits increased 3.4% from 2024. Local high-cost multiplier remains at 270% (2.7×) standard, with 315% (3.15×) waiver available, and 405% (4.05×) for designated Special Limit Areas.
Eligibility

Who & What Qualifies

The 221(d)(4) program is broad but specific — understanding what qualifies (and what doesn't) saves time before investing in third-party reports.

Eligible Property Types ✓ Qualifies

  • New construction of multifamily rental apartments (5+ units)
  • Substantial rehabilitation — rehab cost exceeding greater of 15% replacement cost or $6,500/unit (more in high-cost areas)
  • Market-rate multifamily housing of any class (A, B, C)
  • Affordable housing — subsidized, LIHTC, Section 8
  • Senior housing / elderly housing (55+)
  • Handicapped-accessible housing
  • Moderate-income family housing
  • Cooperative housing (min 5 units)
  • Mixed-use with limited commercial (≤25% NRA / ≤15% EGI)
  • Row homes, walkups, detached, semi-detached, elevator buildings
  • Scattered-site projects (multiple parcels under one loan)
  • Refinancing of existing HUD-insured loans for substantial rehab

NOT Eligible / Does Not Qualify ✕ Disqualifies

  • Properties with fewer than 5 residential units
  • Acquisition or refinancing WITHOUT substantial rehabilitation (see HUD 223(f))
  • Minor cosmetic repairs below the substantial rehab threshold
  • Commercial-dominant mixed-use (>25% net rentable area commercial)
  • Student housing where multiple rents derive from one unit
  • Hospitals, skilled nursing facilities (separate HUD programs exist)
  • Single-family homes, duplexes, triplexes, quadplexes (under 5 units)
  • Short-term rental / transient hotel properties
  • Properties with unresolvable environmental issues (Superfund sites)
  • Borrowers with unresolved HUD findings or debarred principals
  • Projects that cannot meet Davis-Bacon prevailing wage requirements

LTV, DSCR & Leverage by Property Type

Market Rate
87% 1.18x
Affordable / LIHTC
87% 1.15x
Rental Assistance (90%+ units)
90% 1.11x
BSPRA — Builder Sponsor Profit Risk Allowance: New construction borrowers can use BSPRA to allow the general contractor to contribute their fee as equity into the project. This reduces the cash equity required at closing, effectively increasing the borrower's leverage — a unique advantage of the 221(d)(4) program not available in conventional construction lending.
Application Process

From Concept to Closing

The 221(d)(4) process is complex — but predictable. MAP processing is significantly faster than traditional TAP processing. Experienced sponsors use MAP lenders to cut timelines nearly in half.

Weeks 1–4
1

Pre-Application & Feasibility

Developer engages MAP-approved lender. Preliminary underwriting, market assessment, site review, and conceptual design. Lender determines program eligibility and initial loan sizing.

Weeks 4–16
2

Third-Party Reports

Commission all required reports: Appraisal, Market Study, Phase I ESA, Architectural/Engineering Review, Cost Review. Davis-Bacon wage determinations requested. Radon testing ordered.

Weeks 16–24
3

Pre-Application Submission

MAP lender submits pre-application to HUD Field Office. Includes full third-party reports, preliminary drawings, cost estimates, market study. HUD reviews and issues pre-application letter (or Two-Stage: direct to firm).

Weeks 24–36
4

Firm Application

Full firm application submitted with final plans & specs, contractor selection, GMP contract, updated financial projections, borrower/principal certifications, and complete underwriting package.

Weeks 36–40
5

HUD Review & Commitment

HUD reviews firm application, may request additional information. Upon approval, HUD issues Firm Commitment letter specifying loan amount, rate, and conditions. Rate lock available here.

Weeks 40–44
6

Initial Closing

Legal docs prepared, title insurance obtained, all conditions cleared. Construction loan closes. Working capital and construction contingency escrowed. Davis-Bacon compliance confirmed. Construction begins.

Months 12–36
7

Construction Period

HUD construction inspector monitors progress via monthly draw requests. Davis-Bacon payroll certifications submitted monthly. All change orders reviewed and approved. Operating deficit escrow funded as needed.

Month 36–40
8

Final Endorsement / Conversion

Construction completed. Certificate of Occupancy issued. Lease-up begins. Once stabilized, loan converts to permanent phase. Final HUD endorsement. 40-year amortization clock starts.

MAP Total Timeline: ~6–10 months from initial engagement to initial closing (construction start). One-stage MAP processing for affordable/rental assistance properties can be faster. Two-stage MAP (new construction market-rate) adds pre-application step. Overall timeline from concept to permanent conversion: approximately 18–42 months depending on construction duration.
Substantial Rehabilitation Definition: Rehab costs must exceed the greater of: (1) 15% of the property's replacement cost post-rehabilitation, or (2) $6,500 per unit (or higher threshold in high-cost areas). Minor upgrades do not qualify — use HUD 223(f) for lighter renovation.
1

Physical Needs Assessment

Detailed property inspection and Physical Needs Assessment (PNA) to scope all required and recommended work. Establishes baseline and confirms substantial rehab threshold is met.

2

Scope of Work & Cost Estimate

Architectural drawings prepared. Detailed construction cost estimates developed. Environmental assessments including asbestos (pre-1989) and lead paint (pre-1978) testing required. Radon testing ordered.

3

Same MAP Process as New Construction

Pre-application and firm application follow same MAP steps. Key difference: existing building appraisal + as-improved appraisal required. Relocation plan needed if occupied during construction.

4

Occupied vs. Vacant Rehab

Occupied rehab requires HUD-approved tenant relocation plan. Temporary relocation costs can be included in the loan. Vacant properties generally allow faster processing and fewer complications.

5

Critical vs. Non-Critical Repairs

HUD distinguishes between critical repairs (health/safety, must be completed before or during construction) and non-critical repairs (deferred maintenance). All must be addressed per approved scope.

6

Final Endorsement

Same final endorsement process as new construction. Loan converts to permanent once construction complete and property stabilizes. Replacement reserve account funded per HUD requirements.

TAP (Traditional Application Processing) is used when a MAP-approved lender is not processing the loan, or when the project has unusual characteristics. TAP is processed directly by the HUD Field Office and takes significantly longer.
1

Direct HUD Submission

Application submitted directly to HUD Field Office. No MAP lender required, but having experienced counsel and consultants is critical. HUD staff underwrites the application internally.

2

Extended Review Period

TAP processing typically takes 11–15+ months from initial application to initial closing — vs. 6–10 months for MAP. HUD Field Office capacity directly impacts timeline.

3

Same Documentation

All third-party reports, certifications, and financial documentation required under MAP are also required for TAP. No shortcuts on documentation quality.

4

Recommendation: Use MAP

For virtually all borrowers, engaging a MAP-approved lender dramatically reduces processing time and risk. MAP lenders have pre-approval to underwrite before HUD review, compressing the timeline by 30–50%.

Documentation

Required Third-Party Reports

Third-party reports are a significant upfront cost (typically $50,000–$150,000+) and must be commissioned early in the process. Budget and timeline accordingly.

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Appraisal

FHA-compliant appraisal by HUD-approved appraiser assessing land value, as-is value (rehab), as-proposed/as-improved value. Must include income approach, cost approach, and comparable sales. Typically 4–6 weeks.

Always Required
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Market Study

Independent market study analyzing supply, demand, absorption, comparable rents, vacancy rates, and demographic trends in the primary market area. Must support proposed rents and projected lease-up timeline.

Always Required
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Phase I Environmental Site Assessment

ASTM E1527-21 standard Phase I ESA to identify recognized environmental conditions (RECs). If RECs are identified, Phase II site investigation is required. Must be completed by environmental professional.

Always Required
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Architectural & Engineering (A&E) Review

HUD-approved architectural and cost reviewer examines plans and specs, cost estimates, building systems design. For new construction: full set of construction documents. For rehab: existing conditions + proposed scope.

Always Required
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Radon Testing

Required on all projects following construction completion regardless of EPA radon zone. For rehabilitation projects involving sub-slab work, pre-construction testing is also required per EPA protocol.

Always Required
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Asbestos Testing / Survey

Required for all rehabilitation projects on buildings constructed before 1989. Asbestos-containing materials (ACMs) must be identified, assessed, and abatement plan included in construction scope and budget.

Rehab (Pre-1989)
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Lead-Based Paint Survey

Required for rehabilitation projects on buildings constructed before 1978. Lead paint assessment and risk evaluation required. Abatement or encapsulation must be included in construction scope.

Rehab (Pre-1978)

Energy Star / Green Certification

Required only if borrower is seeking Green MIP reduction (0.25% MIP). Energy Star Statement of Energy Design Intent (SEDI) must score ≥75. Annual re-certification required to maintain reduced MIP rate.

Optional (for Green MIP)
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Flood Zone Determination

FEMA flood zone determination required. If in Special Flood Hazard Area (SFHA), flood insurance required. Properties in Zone A or V face significant additional requirements or may be ineligible.

Site Dependent
Third-Party Report Budget: Combined cost for all required reports typically ranges from $50,000 to $150,000+ depending on project size, complexity, and location. These costs are generally included in the development budget and may be included in the loan amount. Application fee to HUD averages ~$25,000 (0.30% of loan amount for firm application). Davis-Bacon wage determination requests are submitted to the Department of Labor separately.
Program Comparison

HUD 221(d)(4) vs. Alternatives

How does the 221(d)(4) stack up against other multifamily financing options for new construction and substantial rehabilitation?

Feature HUD 221(d)(4) HUD 223(f) Conventional Bank Freddie Mac / Fannie Life Insurance Co.
Purpose New Construction / Substantial Rehab Acquisition / Light Rehab Construction / Bridge Stabilized Perm Only Stabilized Perm Only
Max LTV 87–90% 87–90% 65–75% 75–80% 55–65%
Loan Term 43 years (40 perm) 35 years 2–5 years 5–30 years 10–25 years
Fixed Rate Yes (life of loan) Yes Rarely Yes (perm period) Yes
Non-Recourse Yes Yes Rarely Yes Yes
Assumable Yes Yes No Sometimes Rarely
Davis-Bacon Required Not required Not required Not required Not required
Timeline to Close 6–15 months 4–8 months 2–4 months 2–4 months (perm) 3–6 months
Min Property Size 5+ units 5+ units Varies 5+ units Usually 50+ units
Best For New construction, substantial rehab — max leverage, long-term hold Existing stabilized properties, moderate rehab Speed, flexibility, complex structures Stabilized acquisitions, conventional financing Large, high-quality stabilized assets
Frequently Asked Questions

Common Questions Answered

Collected from developers, investors, and housing professionals navigating the 221(d)(4) program.

Glossary

HUD 221(d)(4) Term Glossary

Key terms, acronyms, and concepts you'll encounter throughout the 221(d)(4) process.

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