92433-CA r Owners Certificate

Owner's Certificate

U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner

Under Section 202 of the Housing
Act of 1959 or Section 811 of the
National Affordable Housing Act

OMB Approval No. 25020470 (Expires 8/31/2013)

See bottom of form for Public Burden statement

To:(HUD Field Office)

Project Name:

Project Number:

Dear Sir:
The undersigned hereby agrees to accept a capital advance from you upon the terms set forth in your commitment dated
___________________ , 20______ , for the above captioned Project (hereinafter referred to as the "Project") and extensions and
amendments thereof, and certifies to you as follows:
1) That the undersigned possesses the powers necessary for and
incidental to the ownership, construction, and operation of a
rental housing project as required by the provisions of the
Housing Act of 1959 or the National Affordable Housing Act
and the Regulations applicable thereto.
2) That the instrument securing said capital advance is a good
and valid first lien on the property therein described and the
mortgaged premises are free and clear of all liens other than
that of the Mortgage except those specifically permitted by
you.
3) That upon completion of the Project there will not be
outstanding any unpaid obligations contracted in connection
with the purchase of the property, construction of the Project,
or the mortgage transaction except such obligations as may
be approved by you as to terms, form, and amount.
4) That, except as has been previously approved in writing by
you, no construction has been commenced on the mortgaged
premises prior hereto.
5) That the Project will be constructed in accordance with the
terms of the Construction Contract, if any, and with the
"Drawings and Specifications" which include the "AIA
General Conditions of the Contract" (except for deletion of
all arbitration provisions) prescribed by you, and the Supplementary General Conditions, three copies of which Contract,
together with the "Master Set," and three sets of said "Drawings and Specifications" are herewith delivered to you as
required by your Commitment.
6) The requests for payment of capital advance funds will be
made to HUD on the basis of the "Trade Payment Breakdown" as set forth in the Construction Contract, if any, and
the Capital Advance Agreement. Further, that no material or
equipment, for which capital advance funds will be available,
will be purchased on a conditional sale contract or financed
by a chattel mortgage, and that all work performed and
material and equipment furnished will be paid for in cash
following receipt of the advance of mortgage proceeds
intended for these items.

Replaces HUD-2333-CA which is obsolete

7) That, as the construction of the Project progresses, the
undersigned will procure and submit to you all necessary building
and other permits from the legally constituted authorities and that
all such permits now obtainable have been procured as witness the
certified copies thereof hereby presented.
8) If applicable, that the determination of the Department of
Labor with respect to prevailing wages has been received by the
undersigned and is included as a part of the aforesaid
specifications for the construction of the Project, and all
Contractors employed by the undersigned have been or will be
fully advised prior to performance of any work that all laborers
and mechanics employed on construction of the Project must be
paid not less than such prevailing wages, and that each such
Contractor, as a condition precedent to any payment to him, must
certify in the form prescribed by the Commissioner that all
laborers and mechanics employed by him or his subcontractors on
the Project have been paid not less than such wages.
9) That the approved fees and expenses have been fully paid or
will be paid and that the funds deposited with the approved escrow
agent will be used for the purposes indicated.
10) That you and your authorized representatives are hereby
granted the right to enter upon the mortgaged premises at any and
all times for the purposes of the inspection thereof.
11) That occupancy of the Project in whole or in part will not be
permitted without first having received your written permission
and proper permits from all legal authorities having jurisdiction.
12) That the undersigned has no obligations except those
approved by HUD and that except for such approved obligations
the land included in the mortgage has been paid for in full by the
undersigned, in cash, stock, property and/or services and is free
from vendor's lien or purchase money obligation.

Page 1 of 2

form HUD-92433-CA (12/20/2005)
ref. Handbooks 4571.4 & .5

13) a) That, from this date and for so long as the mortgage is held
by HUD:
1) The Project books and records will be established and
maintained in accordance with the requirements of
HUD, and in such condition as to permit a speedy and
effective audit;
2) Such books and records will be retained for such
period as may be prescribed by HUD; b) Such books
and records will be available to HUD and to the
Comptroller General of the United States for such
examination and audits as they may desire to make.
14) That neither it nor anyone authorized to act for it will refuse
to rent, after the making of a bona fide offer, or refuse to
negotiate for the rental of, or otherwise make unavailable or
deny the property covered by the Mortgage to any person
because of race, color, religion, national origin, sex
(including sexual orientation and gender identity), familial
status, or disability; that any restrictive covenant on such
property relating to race, color, religion, national origin, sex
(including sexual orientation and gender identity), familial
status, or disability is recognized as being illegal and void
and is hereby specifically dis- claimed; and that civil action
for preventive relief may be brought by the Attorney
General in any appropriate U.S. District Court against any
persons responsible for a violation of this certification.
15) That the undersigned will submit an accounting for all
receipts and disbursements during the period starting with
the date of first occupancy of the Project and ending, at the
option of the undersigned, either (a) the last day of the month
in which the Project is determined by you as acceptably
complete, the date of such determination to be furnished by
you, or (b) one month from the date the Project is determined
by you as acceptably complete. The undersigned further agrees
that the excess of receipts over proper disbursements as
determined by you during the accountable period shall be
treated as a recovery of construction cost.

16)

That the undersigned has not collected, nor will the undersigned collect, from Project residents or from prospective
Project residents, admission fees, founders' fees, life-care
fees or similar payments pursuant to any agreement, oral or
written, whereby the undersigned agrees to furnish accommodations or services in the Project to persons making such
payments.
17) That the undersigned agrees to follow the nondiscrimination and
equal opportunity requirements set forth in 24 CFR part 5, to include,
but not limited to: The Fair Housing Act (42 U.S.C. 3601–19) and
implementing regulations at 24 CFR part 100 et seq.; Executive Order
11063, as amended by Executive Order 12259 (3 CFR, 1959–1963
Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in
Housing Programs) and implementing regulations at 24 CFR part 107;
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4)
(Nondiscrimination in Federally Assisted Programs) and implementing
regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42
U.S.C. 6101–6107) and implementing regulations at 24 CFR part 146;
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at part 8 of this title; title II of the Americans
with Disabilities Act, 42 U.S.C. 12101 et seq.; 24 CFR part 8; Executive
Order 11246, as amended by Executive Orders 11375, 11478, 12086,
and 12107 (3 CFR, 1964–1965 Comp., p. 339; 3 CFR, 1966–1970
Comp., p. 684; 3 CFR, 1966–1970 Comp., p. 803; 3 CFR, 1978 Comp.,
p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal
Employment Opportunity Programs) and implementing regulations at 41
CFR chapter 60; Executive Order 11625, as amended by Executive
Order 12007 (3 CFR, 1971–1975 Comp., p. 616 and 3 CFR, 1977
Comp., p. 139) (Minority Business Enterprises); Executive Order 12432
(3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise
Development); and Executive Order 12138, as amended by Executive
Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p.
245) (Women's Business Enterprise); the Violence Against Women Act
(VAWA) requirements set forth in 24 CFR Part 5, subpart L; and other
applicable federal, state, and local laws prohibiting discrimination and
promoting equal opportunity.

Date:
Mortgagor:

Attest:
By___________________
(Signature and Title Officer)

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. This information is required to obtain benefits and voluntary. HUD may not collect this information, and you are not
required to complete this form, unless it displays a currently valid OMB control number.
This information collection is necessary to ensure that viable projects are developed. It is important to obtain information from applicants to assist
HUD in determining if nonprofit organizations initially funded continue to have the financial and administrative capacity needed to develop a project
and that the project design meets the needs of the residents. The Department will use this information to determine if the projects meet statutory requirements with respect to the development and
operation of the project, as well as ensuring the continued marketability of the projects. This
information is required in order to obtain benefits. This information is considered no-sensitive and no assurance of confidentiality is provided.

Page 2 of 2

form HUD-92433-CA (12/20/2005)