Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
Michigan Housing Development Authority  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
State Housing Development Authority General Rules  
5. Rule numbers or rule set range of numbers:  
R 125.103 - R 125.224  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Geoffrey Ehnis-Clark  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
517-241-2996  
Address of person filling out RFR:  
735 E. Michigan Ave., Lansing, MI 48912  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The MSHDA administrative rule set defines guidelines for a variety of programs authorized by the  
State Housing Development Authority Act of 1966. Proposed revisions and changes throughout  
are generally to address clarity, modern usage, and adherence to current Rule Style Guide, and to  
clarify staff tasks relative to member tasks. R 103 and R 111 are amended to clarify supremacy of  
federal guidelines as to federal programs administered by the agency. R 132 and R 152 update  
dollar figures for inflation since 2015. R 190 through R 199 are updated as to the Housing  
Community and Development Fund as that section has not been revised in the last two  
administrative rule updates and has recently been revived with new funding. R 211 is amended to  
emphasize that federal debarment functions as state debarment as to federal programs  
administered by the agency. New rules R 225 and R 227 address the new statutorily created  
agency participation in the Brownfield Redevelopment Act.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The authority possesses all powers necessary or convenient to carry out the State Housing  
Development Authority Act of 1966, including the power to promulgate rules necessary to carry  
out the purposes of the Act.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 125.1422(o), MCL 125.1415a(8), and MCL 125.1458b(7).  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
The rules are not mandated.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
None.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The general subject matter, MSHDA lending and grant programs, is addressed in a variety of  
guidelines and forms, all generated and maintained by MSHDA.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The revisions to do not exceed similar regulations, compliance regulations, or other standards.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The rule amendments reflect public comment regarding the need to clarify staff responsibilities vs.  
member responsibilities. All public comment to be received during the public comment period will  
be honored as required by the rulemaking process.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The latest evaluation of the rules was completed in early 2023, with the adoption of the present  
rule set. Public comment, funding by the legislature of the previously- unfunded Housing and  
Community Development Fund program, and inclusion by the legislature of the agency in the  
Brownfield Redevelopment Act, are new since the last evaluation.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
None.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;