7 C.F.R. § 3560.305

Return on investment

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(a) Borrower's return on investment. Borrowers may receive a return on their investment (ROI) in accordance with the terms of their loan agreement and the following:

(1) If there is a positive net cash flow in housing project operations, the ROI may be taken by the borrower after the housing project's fiscal year, provided that the balance of the reserve account is equal to or greater than required deposits minus authorized withdrawals. If the annual financial reports indicate that an ROI should not have been taken, borrowers will be required to return any unauthorized ROI.

(2) If there is negative cash flow in housing project operations, the Agency may authorize the borrower to take the ROI only after the Agency has reviewed the housing project's annual financial reports and determines:

(i) Surplus cash exists in either the general operating account as defined in § 3560.306(d)(1) or the reserve account, if the balance is greater than the required deposits minus authorized withdrawals.

(ii) The housing project has sufficient funds to address identified capital or operational needs.

(b) Unpaid return on investment. An earned, but unpaid ROI for the previous year only may be requested by the borrower and authorized by the Agency under the provisions of § 3560.305(a)(2) provided the current year's ROI has been paid first and a rent increase is not required to generate funds to pay the unpaid ROI.

Notes of Decisions

Cited in 2 cases, 2017–2017 · leading case: Sonoma Apt. Assocs. v. United States, 134 Fed. Cl. 90 (Fed. Cl. 2017).

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Sonoma Apt. Assocs. v. United States, 134 Fed. Cl. 90 (Fed. Cl. 2017). “, 7 C.F.R. § 3560.305 (2017) (allowing borrowers a return on their investment under certain circumstances); JX 1 at 3 (reflecting that funds in plaintiffs reserve account could be used, with the government’s approval, “[t]o pay dividends to the partners of up to 8 percent per…”

Sonoma Apt. Assocs. v. United States (Fed. Cl. 2017). “, 7 C.F.R. § 3560.305 (2017) (allowing borrowers a return on their investment under certain circumstances); JX 1 at 3 (reflecting that funds in plaintiff’s reserve account could be used, with the government’s approval, “[t]o pay dividends to the partners of up to 8 percent per…”

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