FHA Section 221(d)(4)

Find out which sizing test actually caps your loan — before you spend $100,000 on reports.

A 221(d)(4) is not sized by one formula. HUD runs three independent tests and your loan is the lowest of the three. Most developers model only loan-to-cost and get a surprise at firm commitment. Enter your project below and see all three at once.

43 yrs
Construction + Permanent
Non-Recourse
Bad-Boy Carve-Outs Only
Fixed
Rate Set at Commitment
Assumable
With HUD Approval
Underwriting Tool

Preliminary Loan Sizing

This runs the same three tests a MAP lender runs at feasibility. It is a screening estimate, not an underwriting decision — nothing here commits any lender to anything.

Project
Sets the loan-to-cost ratio and the required coverage. MIP is 0.25% for every category.
HUD's number from the cost review, not your development budget.
Income & Debt
From the appraiser's stabilized pro forma.
Quote it from your lender today. This site publishes no rate.
Statutory Per-Unit Limit — optional
Section 207(c)(3) caps by bedroom count, multiplied by your area's high-cost percentage (270% standard, 315% by waiver, 405% in Special Limit Areas). Get the current figures from your MAP lender or HUD — they change, and this site deliberately does not hardcode them. In high-cost markets this is often the test that binds.
BSPRA — optional
Confirm the applicable rate with your lender.
Indicated Mortgage Amount
Not yet run
Enter your project and run the tests.
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How Sizing Works

Three tests. The lowest one wins.

Each test answers a different question, and each is moved by different inputs. Knowing which one binds tells you where to spend your effort.

TEST 01

Loan to replacement cost

A percentage of HUD's recognized replacement cost — 87% for market-rate and affordable deals, up to 90% where 90% or more of units carry project-based rental assistance. Land counts at the lower of appraised value or actual cost. Moved by the cost review.

TEST 02

Debt service coverage

Stabilized NOI divided by annual debt service — which includes the annual MIP — must clear 1.15x market-rate and 1.11x for affordable, 90%+ rental assistance and middle-income projects (ML 2025-03, 8 January 2025; middle-income tier added by ML 2026-1, 22 January 2026). Moved by the appraiser's rents and expenses, by the rate, and by the MIP. Because MIP sits inside debt service, the premium moves proceeds and not just cost.

TEST 03

Statutory per-unit limits

Section 207(c)(3) sets dollar caps per unit by bedroom count, adjusted by your area's high-cost percentage. Moved by unit mix and by whether you pursue a high-cost waiver. In expensive markets a project can clear both other tests comfortably and still be capped here.

Filling the Gap

What can sit behind the FHA first mortgage

The 221(d)(4) is the senior piece, and it rarely covers everything. These are the layers that legitimately stack behind it — and the conditions HUD attaches to each.

01
Soft Debt
Surplus cash notes
+

A surplus cash note is the workhorse of HUD gap financing. It is a subordinate obligation repayable only out of surplus cash — the money left after debt service, required reserve deposits and operating costs, computed under the Regulatory Agreement and typically distributable twice a year after audited statements.

Why HUD tolerates it

Because it cannot hurt the insured mortgage. The note has no scheduled amortization that competes with debt service, no acceleration rights that reach the property, and no ability to force a default. If there is no surplus cash, nothing is owed that year. From HUD's perspective the FHA lien is undisturbed.

What it is used for

  • Seller carryback on a land or building acquisition
  • Deferred developer fee, where the state agency and the tax credit investor permit it
  • Sponsor loans funding costs HUD will not recognize in the mortgageable basis
  • Bridging a gap between the sized loan and total development cost

What to watch

  • The note and its subordination must be on terms HUD's closing attorney will accept. Start from HUD's own form rather than drafting from scratch.
  • Accrued interest that compounds for decades can become a real number at year 15 or at sale. Model the balance, not just the payment.
  • A surplus cash note held by a related party interacts with cost certification. Disclose it early.
The defining question for any gap piece is simple: can the holder do anything that disturbs the FHA first mortgage? If yes, HUD will not approve it. If no, there is usually a path.
02
Public Sources
Governmental secondary financing
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HUD's most accommodating category. Secondary financing from a federal, state or local government body — or an instrumentality of one — gets latitude that private subordinate debt does not, because the public lender's objective is the housing rather than the yield.

The usual sources

  • HOME funds from a participating jurisdiction
  • CDBG and, after a disaster, CDBG-DR
  • National Housing Trust Fund
  • State housing finance agency soft loans, often paired with a tax credit allocation
  • County or city housing trust funds, inclusionary fees, land write-downs
  • FHLB Affordable Housing Program grants and subsidized advances, sponsored through a member bank

The conditions

  • HUD reviews and approves the subordinate documents. This is not a formality — plan for the public lender's standard form to need edits.
  • The debt is generally structured soft: cash-flow contingent, or repayable from surplus cash, with a maturity beyond the FHA loan.
  • Combined first mortgage plus secondary financing is constrained relative to HUD-recognized cost; the exact latitude depends on the source and the program.
  • Each source brings its own compliance overlay — HOME rents and periodic inspections, Davis-Bacon triggers, environmental review under Part 50 or Part 58, Section 3 obligations.
Sequencing matters more than people expect. A public award with its own expenditure deadline, sitting behind a HUD timeline you do not fully control, is a scheduling risk. Ask for the deadline in writing before you rely on the award.
03
Equity
LIHTC, historic and other tax credit equity
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Tax credit equity is not debt, so it does not sit in the lien stack at all — which is exactly why it is the cleanest way to close a gap on an FHA-insured deal.

Low-Income Housing Tax Credits

The 4% credit paired with tax-exempt bonds, or a competitive 9% allocation, brings investor equity that reduces the debt the project needs. That relieves pressure on the coverage test. The affordable designation itself then lowers the required coverage to 1.11x and lifts loan-to-cost to 90%, which raises what the loan supports. Both effects run the same direction.

Historic rehabilitation credits

On a substantial rehabilitation of a certified historic structure, the federal historic credit — and a state historic credit where one exists — can be layered with LIHTC. The structuring is genuinely complex and the credit investor's requirements will shape the ownership structure, so bring tax counsel in early rather than at closing.

Solar and energy credits

Investment tax credits on solar and storage can be monetized, including through direct pay for eligible entities or through transfer. Whether the system is owned by the project or by a third party under a lease or power purchase agreement changes both the credit economics and what HUD has to approve as an encumbrance.

Every credit structure has to be reconciled with HUD's Regulatory Agreement — particularly the restrictions on distributions and on transfers of interest. The investor's counsel and HUD's closing attorney will negotiate this, and it is routinely the last item to close.
04
Energy
Paying for energy scope
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Energy work used to carry a financing advantage of its own. It no longer does, and the change is recent enough that a good deal of published guidance is still wrong about it.

The Green MIP no longer exists

HUD reduced the mortgage insurance premium to a uniform 0.25% upfront and 0.25% annual across every FHA multifamily program, effective 1 October 2025 and applying to applications submitted or amended on or after that date where the loan has not reached initial endorsement. The three reduced-rate categories created in 2016 — Green and Energy Efficient Housing, Affordable Housing, and Broadly Affordable Housing — were eliminated as economically obsolete, since the uniform rate is at or below what they offered. A green certification therefore no longer buys a premium reduction or the extra proceeds that came with it. It may still be worth pursuing for operating cost, for investor or allocating-agency requirements, or for a QAP scoring category — but not for the MIP.

Ways to pay for the scope

  • Inside the mortgage. Energy measures that are part of the construction contract are simply part of recognized cost, and the cheapest money available at 40-year fixed rates.
  • Utility and state rebates. Prescriptive and custom incentive programs, new construction performance programs, and state energy office grants. These reduce cost rather than adding a lien.
  • Solar owned by a third party under a lease or power purchase agreement, where the tax credits go to a party that can use them. HUD must approve the encumbrance and the tenant's or project's obligations under it.
  • Direct pay and transfer of energy credits, where the ownership structure supports it.
Commercial PACE is permitted — but narrowly. HUD Notice H 2017-01 sets out the terms for PACE on FHA-insured multifamily. The lien-priority problem is handled by capping the exposure: the assessment may prime only the installment then due, with no acceleration of the full amount. The notice also requires written mortgagee consent, an ASHRAE Level II energy audit, a savings-to-investment ratio of at least 1.0, an assessment term no longer than the weighted average useful life of the improvements, and total debt including PACE within roughly 85—90% of value depending on loan type. In practice it is rare on insured multifamily, partly because not every state PACE statute supports the non-acceleration structure HUD needs. Confirm with your MAP lender before it goes into a budget. Note that Mortgagee Letter 2017-18, which ended FHA acceptance of PACE, is a single-family letter and does not govern multifamily — conflating the two is the most common error here.
05
Subsidy
Rental assistance as a capital source
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Project-based rental assistance does not appear in the capital stack as a line item, but it moves more dollars than most of the pieces that do.

What it changes

  • Where 90% or more of units carry assistance, the loan-to-cost ceiling rises to 90%.
  • The required coverage falls to 1.11x and loan-to-cost rises to 90% — the most permissive sizing in the program.
  • Contract rents are often above achievable market rents, and the income is contractually supported rather than absorbed from an untested market.

Where it comes from

  • RAD conversion of public housing to project-based Section 8, frequently paired with substantial rehabilitation
  • Existing Section 8 HAP contracts, renewed and often extended at closing
  • Project-basing of tenant-based vouchers by the local housing authority
  • Section 811 or state-funded supportive housing subsidy on a portion of units
Underwriting leans on the contract, so the contract's term and renewal mechanics matter. A subsidy expiring well inside a forty-year mortgage is a question the appraiser and HUD will both ask about.
06
Sponsor Equity
BSPRA and deferred fee
+

Two ways to reduce the cash you wire at closing without adding anything to the lien stack.

BSPRA

Where the general contractor is a related party, the Builder Sponsor Profit Risk Allowance lets the contractor's profit and overhead be treated as an equity contribution rather than a cash cost. It is added to the replacement cost basis on which the loan is sized, so the loan goes up and the cash equity goes down. The contractor genuinely forgoes the cash, and cost certification at final endorsement tests exactly that. Where the contractor is unrelated, the smaller SPRA allowance applies instead.

Deferred developer fee

Fee deferred and repaid from cash flow over time, usually documented as a surplus cash note. State agency rules cap how much may be deferred and how long it may take to repay; the tax credit investor will have its own view, generally requiring repayment inside the compliance period out of projected cash flow.

Neither of these is free money. BSPRA converts contractor profit into equity at risk in the deal, and deferred fee is your own fee waiting on the property's performance. Both are real capital — they simply are not cash on the closing date.
Constraints

What HUD will not allow behind the loan

Structures that look ordinary in conventional real estate finance and do not survive contact with FHA insurance. Worth knowing before a term sheet is signed.

StructureWhy it failsWhat works instead
Mezzanine debt secured by the property A second lien on the insured collateral, with remedies that can disturb the FHA first mortgage Preferred equity at the ownership level, or a surplus cash note with no property lien
Hard subordinate debt with scheduled payments Competes with debt service and can trigger a default independent of the property's performance Cash-flow contingent or surplus cash structure with a maturity past the FHA loan
Unapproved change orders Every change to the approved construction contract is reviewed; unapproved work is not fundable Submit through the lender and hold contingency against approved changes
Distributions outside surplus cash The Regulatory Agreement restricts distributions to surplus cash after reserves are funded Model distributions on the Regulatory Agreement's definition, not on pro forma cash flow
Commercial space above the limits Commercial area and commercial income are both capped Right-size the commercial component, or look at Section 220 in a qualifying urban renewal area
Questions

Common questions about sizing and stacking

Next Step

Have a MAP lender check the numbers

Send us the project and we will come back with a preliminary view — including which test we think binds and what we would look at to move it.

The tool above is a screening estimate built on the inputs you provide. A real sizing needs the appraiser's pro forma, HUD's cost review and the statutory limits for your specific market and unit mix.

Email
info@221d4loan.com
Response
One business day
Best for
New construction and substantial rehabilitation, 5+ units, $4M and up

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