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Innovations in energy efficiency finance -- new FHA rule points the way ahead for 2014

Philip Henderson

Posted February 5, 2014

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A simple new rule of the Federal Housing Administration should be counted as a recent innovation in energy efficiency finance: For a homebuyer to qualify for an FHA-insured mortgage to purchase a newly built house, the house must meet the standards of a modern energy code.

You might be surprised this merits an award for innovation because to most people this rule sounds like fine-tuning, not grand invention.

FHA's new rule means every FHA borrower will be sure to get a code-compliant house. FHA insured about 700,000 purchase mortgages in 2013, and about 10% were new home purchases. FHA's new rule will save money foer the homebuyer and cut pollution from power plants that don't have to make power that would otherwise be wasted -- for 70,000 houses, every year, for the life of the house.  

But FHA’s innovative policy will have an even broader effect on the market: It demonstrates that lenders and investors should be interested in the efficiency of the property that secures their mortgage loans.

Why? Because energy efficient houses are better, more valuable houses. Homeowners in these houses realize savings every month in the form of lower utility bills. These factors make for better loans.

Any house that fails to comply with the energy code should have a label that says: “This house probably has hidden defects your inspector and appraiser won’t notice…Caveat Emptor!” Alas, non-compliant homes don’t yet carry such a label. Homebuyers will soon discover high utility costs and will likely face pricey repairs down the road to insulate the house, improve air sealing, and install a modern air conditioner.

It makes much more sense to assure houses are built properly in the first place.

FHA’s policy is simple to implement – the lender collects a builder certification form attesting the house meets or exceeds the applicable code (the 2006 International Energy Conservation Code, but it's on the way to being upgraded to 2009, then 2012).

Yes, it’s true that most cities and states already have building energy codes on the books. Some will ask why lenders should be involved.  The answer is that some cities and states still have sub-par energy codes, and many cities and states have insufficient funds to monitor and inspect all newly built houses.

It is also true that a code-compliant house is more expensive -- that is, it’s cheaper to build a defective house. But the requirements of the energy code are grounded in cost-effectiveness. This means the savings from lower utility bills, on average, will more than pay for the added cost of building a house without hidden defects. (Click here for the Pacific Northwest National Lab’s report on the cost-effectiveness of 2012 IECC codes).

FHA relies on appraisers to validate the value of a house – this is the cornerstone of prudent risk management. But appraisers do not -- and are not expected to --  account for the many aspects of the house covered by energy codes, such as the amount of insulation in walls, or the integrity of the air sealing in the attic or around windows. These defects are hard to detect in the typical home purchase/sale process, so it is unlikely they are "priced into” the value of the house today. When a builder cuts corners on these factors, the homeowner will discover it, but later (definitely on days like we had in D.C. last week – 20 degrees F and windy!).

I noted at the outset that FHA’s new policy points the way forward for 2014. A priority is now to improve how conventional loans enable and encourage investment in more efficient houses and buildings.  FHA's market-leading policy reflects and confirms this trend.

In contrast, Fannie Mae, Freddie Mac, and major mortgage lenders (e.g., Wells Fargo, Citi Mortgage, Bank of America, Chase, etc.) currently do not have similar requirements – their loan process ignores whether a house complies with minimum energy codes when approving a loan. 

For many years, the spotlight in energy efficiency was on new kinds of loans intended to help a homeowner or commercial building owner fund efficiency repairs.  PACE loans, On Bill Loans, and energy service agreements are a few examples. Many of these are in place and can be useful to certain owners.  

But there are many opportunities to address the minimum property standards in the conventional market. Code compliance is not the only tactic. Fannie Mae’s excellent “Green Refi Plus” loan program is instructive -- it enables multi-family owners to invest in needed efficiency repairs to bring the property up to a minimum standard at the time of refinance.

We urged FHA to make a priority of implementing this rule (click here to see the group letter we authored to HUD Secretary Donovan).  The policy was actually required under the 2005 EISA Act, but FHA had never implemented it!

Important mortgage lenders and investors, such as Fannie Mae and Freddie Mac, should implement a similar energy code requirement on new single-family home purchase mortgages. Not only because it helps Fannie Mae and Freddie Mac fulfill their important affordable housing mission by reducing the total cost of housing for occupants, and not only because the policy helps to achieve the important national goal of cutting pollution from dirty fuels to produce power that is wasted in defective houses, but becasue it is prudent and sensible risk management to raise the quality of the housing stock that secures mortgage loans they purchase.

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Switchboard is the staff blog of the Natural Resources Defense Council, the nation’s most effective environmental group. For more about our work, including in-depth policy documents, action alerts and ways you can contribute, visit NRDC.org.

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