In order to be eligible for a 203(k) loan, property must be a one- to four-family dwelling that has been completed for at least one year. The number of units on the site must be acceptable according to the provisions of local zoning requirements. All newly constructed units must be attached to the existing dwelling. Co-op units are not eligible. Homes that have been demolished or will be razed as part of the rehab work are eligible provided some of the existing foundation system remains in place.
In addition to typical home rehabilitation projects, this program can be used to convert a one-family dwelling to a two-, three-, or four-family dwelling. An existing multi-unit dwelling could be decreased to a one- to four-family unit. An existing house (or modular unit) on another site can be moved onto the mortgaged property; however, release of loan proceeds for the existing structure on the non-mortgaged property is not allowed until the new foundation has been properly inspected and the dwelling has been properly placed and secured to the new foundation.
A 203(k) mortgage may be originated on a “mixed use” residential property provided:
- The property has no greater than 25% (one-story), 33% (three-story), and 49% (for a two-story) of its floor area used for commercial (storefront) purposes;
- The commercial use will not affect the health and safety of the occupants of the residential property; and
- The rehabilitation funds will only be used for the residential functions of the dwelling and areas used to access the residential part of the property.
Condominium rehabilitation is subject to the following conditions:
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After rehabilitation is complete, the individual buildings within the condominium must not contain more than four units. By law, Section 203(k) can only be used to rehabilitate units in one-to-four unit structures. However, this does not mean that the condominium project, as a whole, can only have four units or that all Information regarding specific requirements and restrictions is available at www.hud.gov, Rehab a Home w/HUD’s 203(k).