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ENGR. H. B. NO. 1823 Page 1
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ENGROSSED HOUSE
BILL NO. 1823 By: Newton of the House
and
Jech of the Senate
An Act relating to the Oklahoma Housing Finance
Agency; defining terms; limiting the administration
of certain funds; restricting rulemaking; requiring
time period for public comment; providing for
participant rights; providing for preemption;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2901.5 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "HOME Program" means the federal HOME Investment
Partnerships Program authorized under Title II of the Cranston-
Gonzalez National Affordable Housing Act, 42 U.S.C., Section 12701
et seq., and the implementing regulations codified at 24 C.F.R.,
Part 92, as amended; and
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2. "HOME funds" means all federal HOME allocations and related
program income disbursed to the State of Oklahoma and administered
by the Oklahoma Housing Finance Agency (OHFA).
B. Administration of Home Funds.
1. OHFA shall administer the HOME Program in compliance with
federal statute and regulation and shall treat HOME funds as federal
grants to eligible entities, including nonprofit organizations,
public agencies, Community Housing Development Organizations
(CHDOs), and local governments, in accordance with federal HOME
requirements.
2. OHFA shall at all times administer the HOME Program
consistent with the statutory purpose of the HOME Investment
Partnerships Program and shall not impose requirements, conditions,
or restrictions on HOME funds that are more stringent or broader in
scope than those required by federal HOME statute or implementing
federal regulations unless such stricter requirements are expressly
authorized by state statute or supported by statewide data and
stakeholder input.
C. Rulemaking and Public Input.
1. No rule, policy, manual, guidance, administrative procedure,
or other directive ("Program Rule Changes") relating to OHFA's
administration of HOME funds shall become effective without:
a. publication in the Oklahoma Register,
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b. a minimum public comment period of not less than
thirty (30) days, and
c. consideration of all timely filed comments.
2. Retroactive application of any Program Rule Changes shall be
prohibited except to the extent expressly required by changes in
federal HOME statute or federal regulation. Under no circumstances
shall OHFA retroactively apply new rules to HOME awards, contracts,
agreements, or commitments already awarded or executed unless
required by federal HOME law.
D. Participant Rights.
1. Eligible nonprofit entities participating in the HOME
Program shall not be restricted from using third-party guarantors,
loan guaranty arrangements, or other legally recognized risk-sharing
mechanisms permitted under federal HOME regulations.
2. Nothing in this section shall be construed to limit
participants' rights under federal HOME statute or regulations,
including but not limited to rights related to compliance,
recordkeeping, and performance.
3. OHFA shall provide clear written notice, available publicly,
of any changes to HOME Program eligibility, standards, written
agreements, or requirements at least sixty (60) days prior to
implementation. Such notice shall include a specific explanation of
any change relative to previous policies.
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4. Eligible entities are entitled to a minimum developer fee of
fifteen percent (15%) with a guaranteed minimum ten percent (10%)
drawdown of developer fees with each reimbursement request to cover
overhead and operating costs.
5. OHFA will remove participation penalties if monitoring
findings are resolved within thirty (30) days.
6. Participants and the general public are entitled to submit
written comments on program policies and procedures and the
administration of funding by OHFA staff to the OHFA Executive
Director and the OHFA Board of Trustees.
7. Nonprofit Community Housing Development Organizations
(CHDOs) are guaranteed retention of program proceeds.
E. Conflicts; Preemption.
1. In the event of any conflict between this section and
another provision of state law, this section shall control with
respect to OHFA's administration of the federal HOME Program to the
extent permitted by federal law.
2. OHFA's obligations under this section are subject to
compliance with, and shall be interpreted consistently with, federal
HOME statute and HUD requirements.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 12th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate