[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 9040-9048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5024]
[[Page 9039]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 5, et al.
Regulatory Reinvention: Consolidation of Admission Preferences for
Assisted Housing; Final Rule
Federal Register / Vol. 61, No. 45 / Wednesday, March 6, 1996 / Rules
and Regulations
[[Page 9040]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 5, 880, 881, 882, 883, 884, 885, 886, 889, 904, 960,
982, and 983
[Docket No. FR-3980-F-01]
RIN 2501-AC10
Regulatory Reinvention--Consolidation of Admission Preferences
for Assisted Housing
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the various program regulations
governing assisted housing programs to remove the nearly identical
provisions concerning admission preferences found in numerous parts of
title 24 of the Code of Federal Regulations and adds several sections
on this subject in 24 CFR part 5. The amendments made by this rule do
not change the substance of the provisions but eliminate redundant
provisions by placing in a general part the provisions that derive from
parallel statutory provisions in the United States Housing Act of 1937.
EFFECTIVE DATE: April 5, 1996.
FOR FURTHER INFORMATION CONTACT: For the Section 8 project-based
programs other than the Moderate Rehabilitation and Project-Based
Certificate programs: Barbara Hunter, Director, Program Management
Division, Office of Housing, telephone (202) 708-3944 (voice).
For the Section 8 Certificate, Voucher and Moderate Rehabilitation
programs and for the public housing program: Linda Campbell, Director
of Marketing, Leasing and Management Division, Office of Public and
Indian Housing, telephone (202) 708-0744 (voice).
Both of these officials are located at the Department of Housing
and Urban Development, 451 Seventh Street, SW, Washington, D.C. 20410.
For hearing- or speech-impaired persons, the above-stated telephone
numbers may be accessed via TDD by calling the Federal Information
Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
There are no changes to the information collection requirements
contained in these provisions. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless the collection displays a valid control number.
I. Background
The impetus for this rule is the Secretary's desire to simplify the
Department's regulations. In response to the President's initiative to
reinvent regulations, the Secretary has determined that the regulations
currently found in parts 880, 881, 882, 883, 884, 885, 886, 889, 904,
960, 982, and 983 concerning preferences in admission to assisted
housing for persons that are involuntarily displaced, living in
substandard housing, or paying more than 50 percent of income for rent,
can be consolidated into one set of provisions to apply to these
programs without changing the policies implemented by those provisions.
This consolidation will eliminate 56 pages from the Department's
regulations codified at title 24 of the Code of Federal Regulations.
The continuing resolution enacted on January 26, 1996, approving
partial funding for the Department, provides that the statutory
provisions on admissions preferences implemented by the regulations
being consolidated in this rulemaking are suspended for Fiscal Year
1996. Therefore, this consolidated rule and the regulations that it
amends have no effect until October 1, 1996.
II. Action
The nearly identical provisions in parts 880, 881, 882, 883, 884,
885, 889, 960, 982, and 983 shown in the following chart are being
removed and consolidated in the corresponding sections of part 5. Cross
references to those sections are revised to refer to the Federal
preference provisions of 24 CFR part 5:
Corresponding Preference Provisions
[New provision at head of column]
------------------------------------------------------------------------
5.410 5.415 5.420 5.425 5.430
------------------------------------------------------------------------
880.613...... 880.614 880.615 880.616 880.617
881.613...... 881.614 881.615 881.616 881.617
882.517...... 882.518 882.519 882.520 882.521
883.714...... 883.715 883.716 883.717 883.718
884.226...... 884.227 884.228 884.229 884.230
886.132...... 886.133 886.134 886.135 886.136
886.337......
889.611...... 889.612 889.613 889.614 889.615
904.122......
960.211...... 960.212 960.213 960.214 960.215
982.209...... 982.210 982.211 982.212 982.213
983.203......
------------------------------------------------------------------------
Findings and Certifications
Justification for Final Rule
It is HUD's policy to publish rules for public comment before their
issuance for effect, in accordance with its own regulations on
rulemaking found at 24 CFR part 10. However, part 10 provides that
prior public procedure will be omitted if HUD determines that it is
``impracticable, unnecessary, or contrary to the public interest'' (24
CFR 10.1). HUD finds that in this case, prior public comment is
unnecessary because the removal of nearly identical program
requirements and consolidation of these provisions into a single part
does not affect or establish policy. The primary purpose of this rule
is to relocate provisions concerning admission preferences, not to
revise them.
Impact on the Environment
A Finding of No Significant Impact with respect to the environment
was made in accordance with HUD regulations at 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969, 42 U.S.C. 4332 when the admission preference rules (FR-3122 and
FR-3727) were promulgated as final rules. Those Findings of No
Significant Impact are available for public inspection and copying
during regular business hours (7:30 a.m. to 5:30 p.m.) in the Office of
the Rules Docket Clerk, room 10276, 451 Seventh Street, SW, Washington,
DC 20410-0500.
[[Page 9041]]
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that actions taken
in this rule do not have significant impact on States or their
political subdivisions, since the rule merely relocates provisions
regarding admission preferences for assisted housing.
Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule does not have
potential for significant impact on family formation, maintenance, and
general well-being. Therefore, the proposed rule is not subject to
review under the Order. No significant change in existing HUD policies
or programs will result from promulgation of this rule, as those
policies and programs relate to family concerns.
Impact on Small Entities
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that this rule will not have a significant
impact on a substantial number of small entities. The rule is limited
to consolidating identical provisions found in various program
regulations.
Regulatory Review
This rule was reviewed by the Office of Management and Budget under
Executive Order 12866, Regulatory Planning and Review. Any changes made
to the rule as a result of that review are clearly identified in the
docket file, which is available for public inspection at the address
stated above for review of the environmental finding.
Catalog
The Catalog of Federal Domestic Assistance numbers for the
program affected by this rule are 14.157, 14.182, 14.850, and
14.856.
List of Subjects
24 CFR Part 5
Administrative practive and procedure, Grant programs--housing and
community development, Low and moderate income housing, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 880
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 881
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 883
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 884
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements, Rural areas.
24 CFR Part 885
Aged, Individuals with disabilities, Loan programs--housing and
community development, Low and moderate income housing, Reporting and
recordkeeping requirements.
24 CFR Part 886
Grant programs--housing and community development, Lead poisoning,
Rent subsidies, Reporting and recordkeeping requirements.
24 CFR Part 889
Aged, Capital advance programs, Grant programs--housing and
community development, Loan programs--housing and community
development, Low and moderate income housing, Rent subsidies, Reporting
and recordkeeping requirements.
24 CFR Part 904
Grant programs--housing and community development, Loan programs--
housing and community development, Public housing.
24 CFR Part 960
Aged, Grant programs--housing and community development,
Individuals with disabilities, Public housing.
24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
24 CFR Part 983
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
Accordingly, for the reasons stated in the preamble, parts 5, 880,
881, 882, 883, 884, 885, 886, 889, 904, 960, 982, and 983 of title 24
of the Code of Federal Regulations are amended as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
1. The authority citation is revised to read as follows:
Authority: 42 U.S.C. 1437a and 3535(d).
2. New Secs. 5.410, 5.415, 5.420, 5.425, and 5.430, are added to
subpart D of part 5, to read as follows:
Subpart D--Definitions and Other General Requirements for Assistance
Under the United States Housing Act of 1937
* * * * *
5.410 Selection preferences.
5.415 Federal preferences: general.
5.420 Federal preference: involuntary displacement.
5.425 Federal preference: substandard housing.
5.430 Federal preference: rent burden.
Subpart D--Definitions and Other General Requirements for
Assistance Under the United States Housing Act of 1937
* * * * *
Sec. 5.410 Selection preferences.
(a) Applicability. The selection preferences that are described in
this part are applicable to public housing and housing assisted under
the Section 8 Housing Assistance Payments program. (Corresponding
provisions applicable to the Indian housing program are found in 24 CFR
part 950.) These preferences are administered by the entity responsible
for admission functions in the programs covered (``responsible
entity''), i.e., the public housing agency (``HA'') in the public
housing and Section 8 Certificate/Voucher and Moderate Rehabilitation
programs and the owner in all other Section 8 programs.
(b) Types of preference. There are three types of admission
preferences:
(1) ``Federal preferences'' are admission preferences for three
categories of families, as prescribed in 42 U.S.C. 1437d(c)(4)(A),
1437f(d)(1)(A), 1437f(o)(3), and 1437f note. Federal preference is
given for selection of families that are:
(i) Involuntarily displaced;
(ii) Living in substandard housing (including families that are
homeless or living in a shelter for the homeless); or
(iii) Paying more than 50 percent of family income for rent.
[[Page 9042]]
(2) ``Ranking preferences'' are preferences that may be established
by the responsible entity to use in selecting among applicants that
qualify for federal preferences.
(3) ``Local preferences'' are preferences for use in selecting
among applicants without regard to their federal preference status.
(See 42 U.S.C. 1437d(c)(4)(A), 1437f(d)(1)(A), 1437f(o)(3), and 1437f
note.)
(c) System. In the Section 8 programs other than the Certificate/
Voucher and Moderate Rehabilitation programs, the owner must establish
a system for selection of applicants from the waiting list that
includes the following:
(1) How the federal preferences will be used;
(2) How any ranking preferences will be used;
(3) How any local preferences will be used; and
(4) How any residency preference will be used.
(d) Use of preference in selection process. (1) Factors other than
federal and local preferences. (i) Characteristics of the unit. For
developments administered under the Section 8 New Construction and
Substantial Rehabilitation programs and the public housing program, the
responsible entity may match other characteristics of the applicant
family with the type of unit available, e.g., number of bedrooms. In
selection of a family for a unit that has special accessibility
features, the responsible entity must give preference to families that
include persons with disabilities who can benefit from those features
of the unit (see 24 CFR 8.27 and 24 CFR 100.202(c)(3)). Also, in
selection of a family for a unit in a mixed population project, the
responsible entity will give preference to elderly families and
disabled families (see subpart D of part 960 or Sec. 880.612a or
Sec. 881.612a of this title).
(ii) Singles preference. See Sec. 5.405.
(2) Local preference admissions. (i) Local preferences may be
adopted or amended by an HA to respond to local housing needs and
priorities after the HA has conducted a public hearing.
(ii) For Section 8 programs other than the Section 8 Certificate/
Voucher, Project-Based Certificate, and Moderate Rehabilitation
programs operated under 24 CFR part 982, 983, and 882, respectively, if
the owner wants to use preferences to select among applicants without
regard to their federal preference status, it must use the local
preference system adopted for use in the Section 8 Certificate/Voucher
programs by the housing agency for the jurisdiction. If there is more
than one HA for the jurisdiction, the owner shall use the local
preference system of the HA for the lowest level of government that has
jurisdiction where the project is located. For the public housing
program, the HA may use a local preference system it adopts for that
program.
(iii) In the Section 8 programs other than the Certificate/Voucher,
Project-Based Certificate, and Moderate Rehabilitation programs
operated under 24 CFR parts 982, 983 and 882, respectively, before an
owner implements the HA's local preferences, the owner must receive
approval from the HUD Field Office. HUD shall review these preferences
to ensure that they are applicable to any tenant eligibility
limitations for the subject housing and that they are consistent with
HUD requirements pertaining to nondiscrimination and the Affirmative
Fair Housing Marketing objectives. If HUD determines that the local
preferences are in violation of those requirements, the owner will not
be permitted to admit applicants on the basis of any local preferences.
(iv) In any year, the number of families given preference in
admission pursuant to a local preference over families with a federal
preference may not exceed the local preference limit. ``Local
preference limit'' means the following:
(A) For an HA's Section 8 Certificate/Voucher program operated
under 24 CFR part 982, ten percent of annual waiting list admissions;
(B) For an HA's public housing program, fifty percent of annual
admissions;
(C) For an HA's Section 8 Moderate Rehabilitation program, thirty
percent of annual admissions;
(D) For Section 8 New Construction, Substantial Rehabilitation, and
Loan Management/Property Disposition projects, thirty percent of annual
admissions to each project; and
(E) For the Section 8 Project-Based Certificate program, thirty
percent of total annual waiting list admissions to the HA's Project-
Based Certificate program (including admissions pursuant to 24 CFR
983.203(c)(3)).
(3) Prohibition of preference if applicant was evicted for drug-
related criminal activity. With respect to the Section 8 Certificate,
Voucher, Loan Management, and Property Disposition programs and the
public housing program, the HA may not give a preference (federal
preference, local preference, or ranking preference) to an applicant if
any member of the family is a person who was evicted during the past
three years from housing assisted under a 1937 Housing Act program
because of drug-related criminal activity. However, the HA may give an
admission preference in any of the following cases:
(i) If the HA determines that the evicted person has successfully
completed a rehabilitation program approved by the HA;
(ii) If the HA determines that the evicted person clearly did not
participate in or know about the drug-related criminal activity; or
(iii) If the HA determines that the evicted person no longer
participates in any drug-related criminal activity.
(4) Retention of federal preference status. With respect to
determining the preference status of an applicant for the Section 8
Certificate/Voucher programs, an applicant who is receiving tenant-
based assistance under the HOME program (24 CFR part 92) and an
applicant who resides in public or Indian housing of the same HA (and
was on the tenant-based program waiting list when admitted to the HA's
public or Indian housing on or after April 26, 1993), the HA determines
whether the applicant qualifies for federal preference based on the
situation of the applicant at the time the applicant began to receive
tenant-based assistance under the HOME program or was admitted to the
HA's public or Indian housing program (beginning of initial public or
Indian housing lease).
(e) Income-based admission. (1) In public housing, the HA may only
give preference to select a relatively higher income family for
admission if the preference is pursuant to a ``local preference''
admission. (For other income-related restrictions on selection, see 24
CFR 913.105.)
(2) In Section 8 programs, the responsible entity may not select a
family for admission in an order different from the order on the
waiting list for the purpose of selecting a relatively higher income
family for admission.
(f) Informing applicants about admission preferences. (1) The
responsible entity must inform all applicants about available
preferences and must give applicants an opportunity to show that they
qualify for available preferences (federal preference, ranking
preference, or local preference).
(2) If the responsible entity determines that the notification to
all applicants on a waiting list required by paragraph (f)(1) of this
section is impracticable because of the length of the list, the
responsible entity may provide this notification to fewer than all
applicants on the list at any given time. The responsible entity must,
however, have notified a sufficient
[[Page 9043]]
number of applicants at any given time that, on the basis of the
entity's determination of the number of applicants on the waiting list
who already claim a federal preference and the anticipated number of
project admissions:
(i) There is an adequate pool of applicants who are likely to
qualify for a federal preference; and
(ii) It is unlikely that, on the basis of the responsible entity's
framework for applying the preferences under paragraph (c) of this
section and the federal preferences claimed by those already on the
waiting list, any applicant who has not been so notified would receive
assistance before those who have received notification.
(g) Notice and opportunity for a meeting where preference is
denied. (1) If the responsible entity determines that an applicant does
not qualify for a federal preference, ranking preference, or local
preference claimed by the applicant, the responsible entity must
promptly give the applicant written notice of the determination. The
notice must contain a brief statement of the reasons for the
determination, and state that the applicant has the right to meet with
a representative of the responsible entity to review the determination.
The meeting may be conducted by any person or persons designated by the
responsible entity, who may be an officer or employee of the
responsible entity, including the person who made or reviewed the
determination or a subordinate employee.
(2) The applicant may exercise other rights if the applicant
believes that the applicant has been discriminated against on the basis
of race, color, religion, sex, national origin, age, disability or
familial status.
(h) Residency preferences. A ``residency preference'' is a
preference for admission of families that reside anywhere in a
specified ``residency preference area.'' A residency preference may be
used as a ranking or local preference.
(1) Section 8 programs other than Certificate/Voucher and Project-
Based Certificate. In these developments, local residency requirements
are prohibited.
(2) Section 8 Certificate/Voucher and Project-Based Certificate
programs. Any residency preference must be approved by HUD.
(i) A county or municipality may be used as a residency preference
area.
(ii) An area smaller than a county or municipality may not be used
as a residency preference area.
(3) All projects. With respect to any residency preference,
applicants who are working or who have been notified that they are
hired to work in the residency preference area shall be treated as
residents of the residency preference area. A residency preference may
not be based on how long the applicant has resided in or worked in the
residency preference area.
(i) Nondiscrimination. (1) Any selection preferences must be
established and administered in accordance with the following
authorities:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and
the implementing regulations at 24 CFR part 1;
(ii) The Fair Housing Act (42 U.S.C. 3601-3619) and the
implementing regulations at 24 CFR parts 100, 108, 109, and 110;
(iii) Executive Order 11063 on Equal Opportunity in Housing and the
implementing regulations at 24 CFR part 107;
(iv) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and the implementing regulations at 24 CFR part 8;
(v) The Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and
the implementing regulations at 24 CFR part 146; and
(vi) The Americans with Disabilities Act (42 U.S.C. 12101-12213) to
the extent applicable.
(2) Such preferences also must be consistent with HUD's affirmative
fair housing objectives and (where applicable) the owner's HUD-approved
affirmative fair housing marketing plan.
(Approved by the Office of Management and Budget under OMB control
numbers 2577-0105 and 2502-0372.)
Sec. 5.415 Federal preferences: general.
(a) Definitions. The definitions of these preference categories
stated in Secs. 5.420, 5.425, and 5.430 must be used by the responsible
entity, except that an HA may use its own alternative definitions if
they have been approved by HUD.
(b) Ranking preferences: selection among federal preference
holders. The responsible entity's system of administering the federal
preferences (its admission policy, in the case of the Section 8
Certificate/Voucher programs) may provide for use of ranking preference
for selecting among applicants who qualify for federal preference.
(1) The responsible entity may give preference to working
families--so long as the prohibition of Sec. 5.410 against selection
based on income and the nondiscrimination provisions that protect
against discrimination on the basis of age or disability are not
violated. (If a responsible entity adopts such a preference, it may not
give greater weight to an applicant based on the amount of employment
income, and an applicant household shall be given the benefit of the
preference if the head and spouse, or sole member, are age 62 or older
or are receiving social security disability, supplemental security
income disability benefits, or any other payments based on an
individual's inability to work.) A responsible entity may give
preference to graduates of, as well as active participants in,
educational and training programs that are designed to prepare
individuals for the job market. The responsible entity also may use the
housing agency's ``local preferences'' for the Section 8 Certificate
and Voucher programs to rank federal preference holders.
(2) The ranking preferences may give different weight to the
federal preferences, through such means as:
(i) Aggregating the federal preferences (e.g., provide that two
federal preferences outweigh one);
(ii) Giving greater weight to holders of a particular category of
federal preference; or
(iii) Giving greater weight to a federal preference holder who fits
a particular category of federal preference.
(c) Qualifying for a federal preference. (1) Certification of
preference. An applicant may claim qualification for a federal
preference by certifying to the responsible entity that the family
qualifies for federal preference. The responsible entity must accept
this certification, unless the responsible entity verifies that the
applicant is not qualified for federal preference.
(2) Verification of preference. (i) Before admitting an applicant
on the basis of a federal preference, the responsible entity must
require the applicant to provide information needed by the responsible
entity to verify that the applicant qualifies for a federal preference
because of the applicant's current status. The applicant's current
status must be determined without regard to whether there has been a
change in the applicant's qualification for a federal preference
between the time of application and selection for admission, including
a change from one federal preference category to another.
(ii) In the case of Section 8 programs other than the Section 8
Certificate/Voucher, Project-Based Certificate, and Moderate
Rehabilitation programs, the owner must use the verification procedures
specified in Sec. 5.420(c) (involuntary displacement); Sec. 5.425(c)
(substandard housing); and Sec. 5.430(b) (rent burden). In the case of
the Section 8 Certificate/Voucher, Project-Based
[[Page 9044]]
Certificate, and Moderate Rehabilitation programs and the public
housing program, the HA may adopt its own verification procedure.
(iii) Once the responsible entity has verified an applicant's
qualification for a federal preference, the responsible entity need not
require the applicant to provide information needed by the responsible
entity to verify such qualification again unless:
(A) The responsible entity determines reverification is desirable
because a long time has passed since verification; or
(B) The responsible entity has reasonable grounds to believe that
the applicant no longer qualifies for a federal preference.
(3) Effect of current residence in assisted housing. No applicant
is to be denied a federal preference for which the family otherwise
qualifies on the basis that the applicant already resides in assisted
housing; for example, the actual condition of the housing unit must be
considered, or the possibility of involuntary displacement resulting
from domestic violence must be evaluated.
(d) Approval of special conditions satisfying preference
definitions. With respect to Section 8 programs other than the Section
8 Certificate/Voucher, Project-Based Certificate and Moderate
Rehabilitation programs, HUD may specify additional conditions under
which the federal preferences, as described in Secs. 5.420, 5.425, and
5.430, can be satisfied. In such cases, appropriate certification of
qualification must be provided. (See HUD Handbook 4350.3, which is
available at HUD field offices.) (Approved by the Office of Management
and Budget under OMB control number 2502-0372 and 2577-0105.)
Sec. 5.420 Federal preference: involuntary displacement.
(a) How applicant qualifies for displacement preference. (See
Sec. 5.415(a)(2) and (c)(2)(ii) for applicability of this section to
the Section 8 Certificate/Voucher, Project-Based Certificate, and
Moderate Rehabilitation programs and the public housing program.)
(1) An applicant qualifies for a federal preference on the basis of
involuntary displacement if either of the following apply:
(i) The applicant has been involuntarily displaced and is not
living in standard, permanent replacement housing; or
(ii) The applicant will be involuntarily displaced within no more
than six months from the date of preference status certification by the
family or verification by the responsible entity.
(2)(i) ``Standard, permanent replacement housing'' is housing:
(A) That is decent, safe, and sanitary;
(B) That is adequate for the family size; and
(C) That the family is occupying pursuant to a lease or occupancy
agreement.
(ii) ``Standard, permanent replacement housing'' does not include:
(A) Transient facilities, such as motels, hotels, or temporary
shelters for victims of domestic violence or homeless families; or
(B) In the case of domestic violence, the housing unit in which the
applicant and the applicant's spouse or other member of the household
who engages in such violence live.
(b) Meaning of involuntary displacement. An applicant is or will be
involuntarily displaced if the applicant has vacated or will have to
vacate the unit where the applicant lives because of one or more of the
following:
(1) Displacement by disaster. An applicant's unit is uninhabitable
because of a disaster, such as a fire or flood.
(2) Displacement by government action. Activity carried on by an
agency of the United States or by any State or local governmental body
or agency in connection with code enforcement or a public improvement
or development program.
(3) Displacement by action of housing owner. (i) Action by a
housing owner forces the applicant to vacate its unit.
(ii) An applicant does not qualify as involuntarily displaced
because action by a housing owner forces the applicant to vacate its
unit unless:
(A) The applicant cannot control or prevent the owner's action;
(B) The owner action occurs although the applicant met all
previously imposed conditions of occupancy; and
(C) The action taken by the owner is other than a rent increase.
(iii) To qualify as involuntarily displaced because action by a
housing owner forces the applicant to vacate its unit, reasons for an
applicant's having to vacate a housing unit include, but are not
limited to, conversion of an applicant's housing unit to non-rental or
non-residential use; closing of an applicant's housing unit for
rehabilitation or for any other reason; notice to an applicant that the
applicant must vacate a unit because the owner wants the unit for the
owner's personal or family use or occupancy; sale of a housing unit in
which an applicant resides under an agreement that the unit must be
vacant when possession is transferred; or any other legally authorized
act that results or will result in the withdrawal by the owner of the
unit or structure from the rental market.
(iv) Such reasons do not include the vacating of a unit by a tenant
as a result of actions taken by the owner because the tenant refuses:
(A) To comply with HUD program policies and procedures for the
occupancy of under-occupied or overcrowded units; or
(B) To accept a transfer to another housing unit in accordance with
a court decree or in accordance with policies and procedures under a
HUD-approved desegregation plan.
(4) Displacement by domestic violence. (i) An applicant is
involuntarily displaced if:
(A) The applicant has vacated a housing unit because of domestic
violence; or
(B) The applicant lives in a housing unit with a person who engages
in domestic violence.
(ii) ``Domestic violence'' means actual or threatened physical
violence directed against one or more members of the applicant family
by a spouse or other member of the applicant's household.
(iii) To qualify as involuntarily displaced because of domestic
violence:
(A) The responsible entity must determine, in accordance with HUD's
administrative instructions, that the domestic violence occurred
recently or is of a continuing nature; and
(B) The applicant must certify that the person who engaged in such
violence will not reside with the applicant family unless the
responsible entity has given advance written approval. If the family is
admitted, the responsible entity may deny or terminate assistance to
the family for breach of this certification.
(5) Displacement to avoid reprisals. (i) An applicant family is
involuntarily displaced if:
(A) Family members provided information on criminal activities to a
law enforcement agency; and
(B) Based on a threat assessment, a law enforcement agency
recommends rehousing the family to avoid or minimize a risk of violence
against family members as a reprisal for providing such information.
(ii) The responsible entity may establish appropriate safeguards to
conceal the identity of families requiring protection against such
reprisals.
(6) Displacement by hate crimes. (i) An applicant is involuntarily
displaced if:
(A) One or more members of the applicant's family have been the
victim of one or more hate crimes; and
[[Page 9045]]
(B) The applicant has vacated a housing unit because of such crime,
or the fear associated with such crime has destroyed the applicant's
peaceful enjoyment of the unit.
(ii) ``Hate crime'' means actual or threatened physical violence or
intimidation that is directed against a person or his or her property
and that is based on the person's race, color, religion, sex, national
origin, handicap, or familial status.
(iii) The responsible entity must determine, in accordance with
HUD's administrative instructions, that the hate crime involved
occurred recently or is of a continuing nature.
(7) Displacement by inaccessibility of unit. An applicant is
involuntarily displaced if:
(i) A member of the family has a mobility or other impairment that
makes the person unable to use critical elements of the unit; and
(ii) The owner is not legally obligated to make the changes to the
unit that would make critical elements accessible to the disabled
person as a reasonable accommodation.
(8) Displacement because of HUD disposition of multifamily project.
Involuntary displacement includes displacement because of disposition
of a multifamily rental housing project by HUD under section 203 of the
Housing and Community Development Amendments of 1978.
(c) Involuntary displacement preference: Verification. A private
owner's verification of an applicant's involuntary displacement is
established by the following documentation:
(1) Displacement by disaster. Certification, in a form prescribed
by the Secretary, from a unit or agency of government that an applicant
has been or will be displaced as a result of a disaster that results in
the uninhabitability of an applicant's unit.
(2) Displacement by government action. Certification, in a form
prescribed by the Secretary, from a unit or agency of government that
an applicant has been or will be displaced by activity carried on by an
agency of the United States or by any State or local governmental body
or agency in connection with code enforcement or a public improvement
or development program.
(3) Displacement by owner action. Certification, in a form
prescribed by the Secretary, from an owner or owner's agent that an
applicant had to or will have to vacate a unit by a date certain
because of owner action.
(4) Displacement because of domestic violence. Certification, in a
form prescribed by the Secretary, of displacement because of domestic
violence from the local police department, social services agency, or
court of competent jurisdiction, or a clergyman, physician, or public
or private facility that provides shelter or counseling to the victims
of domestic violence.
(5) Displacement to avoid reprisals. A threat assessment by a law
enforcement agency.
(6) Displacement by hate crime. Certification by a law enforcement
agency or other reliable information.
(7) Displacement by inaccessibility of unit. Certification by a
health care professional that a family member has a mobility or other
impairment that makes critical elements of the current unit
inaccessible, and statement by the owner that it is unable to make
necessary changes to the unit to make it accessible.
(8) Displacement by HUD disposition of multifamily project.
Certification by HUD with respect to the disposition.
Sec. 5.425 Federal preference: substandard housing.
(a) When unit is substandard. (See Sec. 5.415(a)(2) and (c)(2)(ii)
for applicability of this section to the Section 8 Certificate/Voucher,
Project-Based Certificate, Moderate Rehabilitation programs and the
public housing program.) A unit is substandard if it:
(1) Is dilapidated;
(2) Does not have operable indoor plumbing;
(3) Does not have a usable flush toilet inside the unit for the
exclusive use of a family;
(4) Does not have a usable bathtub or shower inside the unit for
the exclusive use of a family;
(5) Does not have electricity, or has inadequate or unsafe
electrical service;
(6) Does not have a safe or adequate source of heat;
(7) Should, but does not, have a kitchen; or
(8) Has been declared unfit for habitation by an agency or unit of
government.
(b) Other definitions. (1) Dilapidated unit. A housing unit is
dilapidated if:
(i) The unit does not provide safe and adequate shelter, and in its
present condition endangers the health, safety, or well-being of a
family; or
(ii) The unit has one or more critical defects, or a combination of
intermediate defects in sufficient number or extent to require
considerable repair or rebuilding. The defects may involve original
construction, or they may result from continued neglect or lack of
repair or from serious damage to the structure.
(2) Homeless family. (i) An applicant that is a ``homeless family''
is considered to be living in substandard housing.
(ii) A ``homeless family'' includes:
(A) Any person or family that lacks a fixed, regular, and adequate
nighttime residence; and
(B) Any person or family that has a primary nighttime residence
that is:
(1) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing);
(2) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(3) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
(iii) A ``homeless family'' does not include any person imprisoned
or otherwise detained pursuant to an Act of Congress or a State law.
(3) Status of SRO housing. In determining whether an individual
living in single room occupancy (SRO) housing qualifies for federal
preference, SRO housing is not considered substandard solely because it
does not contain sanitary or food preparation facilities.
(c) Substandard housing preference: verification. The following
provisions are applicable to private owners:
(1) Verification that an applicant is living in substandard housing
consists of certification, in a form prescribed by the Secretary, from
a unit or agency of government or from an applicant's present landlord
that the applicant's unit is ``substandard housing'' (as described in
this section).
(2) In the case of a ``homeless family'' (as described in this
section), verification consists of certification, in a form prescribed
by the Secretary, of this status from a public or private facility that
provides shelter for such individuals, or from the local police
department or social services agency.
Sec. 5.430 Federal preference: rent burden.
(a) Rent burden preference: how determined. (See Sec. 5.415(a)(2)
and (c)(2)(ii) for applicability of this section to the Section 8
Certificate/Voucher, Project-Based Certificate, and Moderate
Rehabilitation programs and the public housing program.)
(1) ``Rent burden preference'' means the federal preference for
admission of applicants that pay more than 50 percent of family income
for rent.
(2) For purposes of determining whether an applicant qualifies for
the rent burden preference:
[[Page 9046]]
(i) ``Family income'' means Monthly Income, as defined in 24 CFR
813.102.
(ii) ``Rent'' means:
(A) The actual monthly amount due under a lease or occupancy
agreement between a family and the family's current landlord; and
(B) For utilities purchased directly by tenants from utility
providers:
(1) The utility allowance for family-purchased utilities and
services that is used in the HA tenant-based program; or
(2) If the family chooses, the average monthly payments that the
family actually made for these utilities and services for the most
recent 12-month period or, if information is not obtainable for the
entire period, for an appropriate recent period.
(iii) Amounts paid to or on behalf of a family under any energy
assistance program must be subtracted from the otherwise applicable
rental amount, to the extent that they are not included in the family's
income.
(iv) For purposes of the Section 8 Certificate/Voucher programs,
rent for an applicant who owns a manufactured home, but rents the space
upon which it is located, includes the monthly payment to amortize the
purchase price of the home, calculated in accordance with HUD's
requirements. In addition, for this program, rent for members of a
cooperative means the charges under the occupancy agreement between the
members and the cooperative.
(3) An applicant does not qualify for a rent burden preference if
either of the following is applicable:
(i) The applicant has been paying more than 50 percent of income
for rent for less than 90 days.
(ii) The applicant is paying more than 50 percent of family income
to rent a unit because the applicant's housing assistance for occupancy
of the unit under any of the following programs has been terminated
because of the applicant's refusal to comply with applicable program
policies and procedures on the occupancy of underoccupied and
overcrowded units:
(A) The Section 8 programs or public and Indian housing programs
under the United States Housing Act of 1937;
(B) The rent supplement program under section 101 of the Housing
and Urban Development Act of 1965; or
(C) Rental assistance payments under section 236(f)(2) of the
National Housing Act.
(b) Rent burden preference: verification of income and rent. The
owner must verify that an applicant is paying more than 50 percent of
family income for rent, as follows:
(1) How to verify income. The owner must verify a family's income
by using the standards and procedures that it uses to verify family
income under 24 CFR part 813.
(2) How to verify rent. The owner must verify the amount due to the
family's landlord (or cooperative) under the lease or occupancy
agreement:
(i) By requiring the family to furnish copies of its most recent
rental (or cooperative charges) receipts (which may include canceled
checks or money order receipts) or a copy of the family's current lease
or occupancy agreement; or
(ii) By contacting the landlord (or cooperative) or its agent
directly.
(3) Utilities. To verify the actual amount that a family paid for
utilities and other housing services, the owner must require the family
to provide copies of the appropriate bills or receipts, or must obtain
the information directly from the utility or service supplier.
PART 880-SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW
CONSTRUCTION
3. The authority citation for part 880 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and
13611-13619.
Subpart F--Management
Sec. 880.603 [Amended]
4. Section 880.603 is amended by:
a. Amending the introductory text of paragraph (b) by removing the
phrase ``Secs. 880.613 through 880.617.'' from the end of the
paragraph, and adding in its place the phrase ``24 CFR part 5.'';
b. Amending paragraph (b)(1) introductory text by removing the term
``Sec. 880.613(c)(2)'' from the third sentence, and adding in its place
the phrase ``24 CFR part 5''; and
c. Amending paragraph (b)(2) by removing the term
``Sec. 880.613(k)'' from the fifth sentence, and adding in its place
``24 CFR 5.410''.
Sec. 880.612a [Amended]
5. In Sec. 880.612a, paragraph (g) is amended by removing the term
``Sec. 880.613'' in the two places where it appears, and by adding the
term ``24 CFR part 5'' in those two places.
Secs. 880.613, 880.614, 880.615, 880.616, and 880.617 [Removed]
6. Sections 880.613, 880.614, 880.615, 880.616, and 880.617 are
removed.
PART 881--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR
SUBSTANTIAL REHABILITATION
7. The authority citation for part 881 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and
13611-13619.
Subpart F--Management
Sec. 881.603 [Amended]
8. Section 881.603 is amended by:
a. Amending the introductory text of paragraph (b) by removing the
phrase ``Secs. 881.613 through 881.617'' from the end of the paragraph,
and adding in its place the phrase ``24 CFR part 5'';
b. Amending paragraph (b)(2) introductory text by removing the term
``Sec. 881.613(c)(2)'' from the third sentence, and adding in its place
the phrase ``24 CFR part 5''; and
c. Amending paragraph (b)(3) by removing the term
``Sec. 881.613(k)'' from the fifth sentence, and adding in its place
the term ``Sec. 24 CFR 5.410''.
Sec. 881.612a [Amended]
9. In Sec. 881.612a, paragraph (g) is amended by removing the term
``Sec. 881.613'' in the two places where it appears, and by adding the
term ``24 CFR part 5'' in those two places.
Secs. 881.613, 881.614, 881.615, 881.616, and 881.617 [Removed]
10. Sections 881.613, 881.614, 881.615, 881.616, and 881.617 are
removed.
PART 882--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--EXISTING
HOUSING
11. The authority citation for part 882 is revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d).
Subpart E--Special Procedures for Moderate Rehabilitation--Program
Development and Operation
Sec. 882.514 [Amended]
12. Section 882.514 is amended by:
a. Amending paragraph (a)(1) by adding, before the term ``750'' in
the parenthetical phrase, the term ``5, ``, and by removing the last
sentence, and
b. Amending the introductory text of paragraph (b) by removing the
term ``Sec. 882.517(c)(2)'' from the fourth sentence, and adding in its
place the phrase ``24 CFR part 5''.
Secs. 882.517, 882.518, 882.519, 882.520, and 882.521 [Removed]
13. Sections 882.517, 882.518, 882.519, 882.520, and 882.521 are
removed.
[[Page 9047]]
PART 883--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--STATE
HOUSING AGENCIES
14. The authority citation for part 883 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
Subpart G--Management of New Construction and Substantial
Rehabilitation Projects
Sec. 883.704 [Amended]
15. Section 883.704 is amended by:
a. Amending the introductory text of paragraph (b) by removing the
phrase ``parts 750 and 760 of chapter VII'', and adding in its place
the phrase ``24 CFR parts 5, 750, and 760'', and by removing the phrase
``, including giving a Federal preference in accordance with
Sec. 883.714'' from the end of the paragraph;
b. Amending paragraph (b)(2) by removing the term
``Sec. 883.714(c)(2)'' from the third sentence, and adding in its place
the phrase ``24 CFR part 5''; and
c. Amending paragraph (b)(3) by removing the term ``883.714(k)''
from the third sentence, and adding in its place ``24 CFR 5.410''.
Sec. 883.704a [Amended]
15a. In Sec. 883.704a, paragraph (g) is amended by removing the
term ``Sec. 883.714'' in the two places it appears, and adding in its
places the term ``24 CFR part 5''.
Secs. 883.714, 883.715, 883.716, 883.717, and 883.718 [Removed]
16. Sections 883.714, 883.715, 883.716, 883.717, and 883.718 are
removed.
PART 884--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW
CONSTRUCTION SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING
PROJECTS
17. The authority citation for part 884 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
17a. The table of contents for part 884 is amended to add the
reference to ``Sec. 884.223a Preference for occupancy by elderly
families.''
Subpart B--Project Development and Operation
Sec. 884.214 [Amended]
18. Section 884.214 is amended as follows:
a. Paragraph (b)(1) is amended by removing the term
``Sec. 884.226'' from the parenthetical phrase, and adding in its place
the phrase ``24 CFR part 5'';
b. Paragraph (b)(2) is amended by removing the term
``Sec. 884.226(c)(2)'' from the second sentence, and adding in its
place the phrase ``24 CFR part 5''; and
c. Paragraph (b)(7) is revised, to read as follows:
Sec. 884.214 Marketing.
* * * * *
(b) * * *
(7) See 24 CFR part 5 for the informal review provisions for the
denial of a Federal selection preference.
* * * * *
Sec. 884.223a [Amended]
19. In Sec. 884.223a, paragraph (g) is amended by removing the term
``Sec. 884.226'' in the two places where it appears, and by adding in
those places the phrase ``24 CFR part 5''.
Secs. 884.226, 884.227, 884.228, 884.229, and 884.230 [Removed]
20. Sections 884.226, 884.227, 884.228, 884.229, and 884.230 are
removed.
PART 885--LOANS FOR HOUSING FOR THE ELDERLY OR HANDICAPPED
21. The authority citation for part 885 continues to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f and 3535(d).
Subpart B--Section 202 Projects for the Elderly or Handicapped--
Section 8 Assistance
Sec. 885.427 [Amended]
22. Section 885.427 is amended by removing the term
``Secs. 880.613-880.617 of this chapter'' and adding in its place the
phrase ``24 CFR part 5, subpart D''.
PART 886--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--SPECIAL
ALLOCATIONS
23. The authority citation for part 886 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
Subpart A--Additional Assistance Program for Projects With HUD-
Insured and HUD-Held Mortgages
Sec. 886.119 [Amended]
24. In Sec. 886.119, paragraph (a)(3) is amended by removing the
term ``Sec. 886.132'' and adding in its place the phrase ``24 CFR part
5''.
25. Section 886.132 is revised to read as follows:
Sec. 886.132 Selection preferences.
Sections 5.410 through 5.430 of this title govern the use of
preferences in the selection of tenants under this subpart A.
Secs. 886.133, 886.134, 886.135, and 886.136 [Removed]
26. Sections 886.133, 886.134, 886.135, and 886.136 are removed.
Subpart C--Section 8 Housing Assistance Program for the Disposition
of HUD-Owned Projects
Sec. 886.337 [Amended]
27. Section 886.337 is amended by removing the phrase ``Sections
886.132 through 886.136'' and by adding the phrase ``Sections 5.410
through 5.430''.
PART 889--SUPPORTIVE HOUSING FOR THE ELDERLY
28. The authority citation for part 889 is revised to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 3535(d).
Subpart F--Project Management
29. In Sec. 889.610, paragraph (a) is revised to read as follows:
Sec. 889.610 Selection and admission of tenants.
(a) Written procedures. The owner shall adopt written tenant
selection procedures that ensure nondiscrimination in the selection of
tenants and that are consistent with the purpose of improving housing
opportunities for very low-income elderly persons; that are reasonably
related to program eligibility and an applicant's ability to perform
the obligations of the lease; and that conform to the requirements on
preferences contained in 24 CFR part 5. Owners shall promptly inform in
writing any rejected applicant of the grounds for any rejection.
Additionally, owners shall maintain a written, chronological waiting
list showing the name, race, gender, ethnicity and date of each person
applying for the program.
* * * * *
Secs. 889.611, 889.612, 889.613, 889.614, and 889.615 [Removed]
30. Sections 889.611, 889.612, 889.613, 889.614, and 889.615 are
removed.
PART 904--LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES
31. The authority citation for part 904 continues to read as
follows:
Authority: 42 U.S.C. 1437-1437ee and 3535(d).
[[Page 9048]]
Subpart B--Turnkey III Program Description
Sec. 904.122 [Amended]
32. Section 904.122 is amended by removing the phrase
``Secs. 960.211 through 960.215'' and adding in its place the phrase
``24 CFR 5.410 through 5.430''.
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING
33. The authority citation for part 960 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, and 3535(d).
Subpart B--Admission, Rent and Reexamination
Sec. 960.203 [Removed and reserved]
34. Section 960.203 is removed and reserved.
Sec. 960.204 [Amended]
35. In Sec. 960.204, paragraph (a) is amended by adding after the
word ``chapter'', the phrase ``and 24 CFR part 5''; and by removing
paragraph (d).
Sec. 960.205 [Amended]
36. In Sec. 960.205, paragraph (c) is amended by removing the two
parenthetical phrases that read ``(see Sec. 960.211)'' and ``(But see
Sec. 960.211(d)''.
Sec. 960.206 [Amended]
37. In Sec. 960.206, paragraph (a) is amended by removing the
reference to ``Sec. 960.211'' and by adding in its place the phrase
``24 CFR part 5''.
Sec. 960.207 [Amended]
38. In Sec. 960.207, paragraph (a) is amended by removing the
phrase ``(see Sec. 960.211)''.
Secs. 960.211, 960.212, 960.213, 960,214, and 960.215 [Removed]
39. Sections 960.211, 960.212, 960.213, 960,214, and 960.215 are
removed.
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM
40. The authority citation for part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
Subpart A--General Information
Sec. 982.3 [Amended]
41. Section 982.3 is amended by removing the definitions of
``Federal preference,'' Federal preference holder,'' ``Local
preference,'' ``Local preference limit,'' ``Ranking preference,''
``Residency preference,'' and ``Residency preference area.''
Subpart E--Admission to Tenant-Based Program
Sec. 982.202 [Amended]
42. Section 982.202 is amended by:
a. Redesignating paragraph (b)(4)(i) as paragraph (b)(4);
b. Redesignating paragraphs (b)(4)(i)(A), (b)(4)(i)(B),
(b)(4)(i)(C), (b)(4)(i)(D), and (b)(4)(i)(E), as paragraphs (b)(4)(i),
(b)(4)(ii), (b)(4)(iii), (b)(4)(iv), and (b)(4)(v), respectively; and
c. Removing paragraph (b)(4)(ii).
43. Section 982.207 is revised to read as follows:
Sec. 982.207 Waiting list: Use of preferences.
(a) The HA must use the following to select among applicants on the
waiting list with the same preference status:
(1) Date and time of application; or
(2) A drawing or other random choice technique.
(b)(1) The method for selecting applicants from preference
categories must be consistent with requirements governing federal
preference and the singles preference, as described in 24 CFR part 5.
(2) In its system for applying the preferences described in 24 CFR
part 5, the following provisions apply:
(i) The HA may limit the number of applicants that may qualify for
any ranking preference or local preference.
(ii) The local preference limit only applies to admission of an
applicant from the HA waiting list. A special admission is not counted
against the local preference limit.
(iii) The local preference limit does not apply when an applicant
is received in an HA program under portability procedures. The
admission of a portability family by a receiving HA does not count
against the receiving HA local preference limit. The admission of such
a family (not qualified for federal preference) counts against the
local preference limit of the initial HA.
(c) The method for selecting applicants from preference categories
must leave a clear audit trail that can be used to verify that each
applicant has been selected in accordance with the method specified in
the administrative plan.
Secs. 982.208, 982.209, 982.210, 982.211, 982.212, and
982.213 [Removed]
44. Sections 982.208, 982.209, 982.210, 982.211, 982.212, and
982.213 are removed.
PART 983--SECTION 8 PROJECT-BASED CERTIFICATE PROGRAM
45. The authority citation for part 983 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
Subpart E--Management
Sec. 983.203 [Amended]
46. Section 983.203 is amended as follows:
a. Paragraph (a)(1) is amended by removing the phrase, ``except
(b)(1), and 982.208 through 982.213 of this chapter'', and adding in
its place the phrase, ``and 24 CFR 5.410 through 5.430''; and
b. Paragraph (a)(5) is removed, and paragraphs (a)(6) and (a)(7)
are redesignated as paragraphs (a)(5) and (a)(6), respectively.
Dated: February 22, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-5024 Filed 3-5-96; 8:45 am]
BILLING CODE 4210-32-P
