[Federal Register Volume 64, Number 50 (Tuesday, March 16, 1999)]
[Rules and Regulations]
[Pages 13056-13057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6271]
[[Page 13055]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Parts 5, 887, 982, and 984
Section 8 Certificate and Voucher Programs Conforming Rule; Technical
Amendment; Final Rule
Federal Register / Vol. 64, No. 50 / Tuesday, March 16, 1999 / Rules
and Regulations
[[Page 13056]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 887, 982, 984
[Docket No. FR-4054-C-04]
RIN 2577-AB63
Section 8 Certificate and Voucher Programs Conforming Rule;
Technical Amendment
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule; technical amendment.
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SUMMARY: This document makes technical amendments to the final rule
that was published April 30, 1998 (63 FR 23826), which combined and
conformed program regulations for the Section 8 certificate and voucher
programs.
EFFECTIVE DATE: April 15, 1999.
FOR FURTHER INFORMATION CONTACT: Gloria Cousar, Deputy Assistant
Secretary for Public and Assisted Housing Delivery, Office of Public
and Indian Housing, Department of Housing and Urban Development, Room
4204, 451 7th Street, SW, Washington, DC 20410. Her telephone numbers
are (202) 708-2841 (voice) and (202) 708-0850 (TTY). (These are not
toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Need for Amendments
The Section 8 Certificate and Vouchers Programs Conforming Rule,
published on April 30, 1998 (63 FR 23826), was corrected by a document
published on June 10, 1998 (63 FR 31624). This document corrects
additional errors in the final rule and makes additional clarifying
technical amendments to parts 887 and 984, which inadvertently were not
included in that rulemaking. This technical final rule does the
following:
(1) Removes remaining provisions of part 887, the former rule for
the Section 8 tenant-based voucher program. As intended, program rules
for the voucher program are now contained in the conforming rule at
part 982;
(2) Corrects formulas used to prorate assistance for a ``mixed
family'' (that includes persons without citizenship or eligible
immigration status) (24 CFR Sec. 5.520). The final rule did not specify
the procedure to prorate assistance for an over-FMR tenancy;
(3) Corrects calculation of the housing assistance payment for
rental of a manufactured home space under a voucher or over-FMR
tenancy. (The prior correction document corrected an error in
calculation of the subsidy for a manufactured home space regular
tenancy.) The rule is revised to specify that the maximum subsidy is
rent to owner for the manufactured home space (Sec. 982.623(c)(2) and
(c)(3)). This replaces the prior erroneous reference to ``gross rent''
(including the allowance for tenant-paid utilities);
(4) Inserts conforming references to requirements for certain
special housing types, in the regulations that specify types of housing
that are ineligible for assistance under the certificate and voucher
programs (Sec. 982.352(a)(6));
(5) Clarifies confusion concerning the relationship between
separate regulatory provisions concerning adjustments in subsidy
payment upon a regular or interim reexamination of family income and
composition. Sections 982.516(d)(2) and 982.516(e) are revised by
eliminating reference to adjustments in the ``family unit size'' at a
regular or interim reexamination. As so corrected, the rule provides
that an HA must make appropriate adjustments in the housing assistance
payment at the effective date of a regular or interim reexamination.
Furthermore, Sec. 982.516(d)(2) is revised to cross-reference the
separate regulatory provisions that specify how housing assistance
payments are calculated (Sec. 982.505 for a voucher or over-FMR
tenancy; Sec. 982.507 for a regular certificate tenancy). In addition,
Sec. 982.505(d)(5) is restated to clarify, as originally intended, that
after a change in family unit size, the new family unit size is used to
compute the payment standard at the next regular reexamination;
(6) Restates a technical provision that specifies when an annual
adjustment is effective (Sec. 982.509(b)(5)(i)). This change is
necessary to clarify when the annual adjustment is effective for a HAP
contract with a mid-month anniversary; and
(7) Updates cross-references in the regulation for the Family Self-
Sufficiency Program (Sec. 984.305(b)(1)).
List of Subjects
24 CFR Part 5
Administrative practice and procedure, Aged, Grant programs--
housing and community development, Individuals with disabilities, Loan
programs--housing and community development, Low- and moderate-income
housing, Mortgage insurance, Pets, Public housing, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 887
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 982
Grant programs--housing and community development, Housing, Low-
and moderate-income housing, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 984
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
Catalog
The Catalog of Federal Domestic Assistance numbers for the programs
that are the subject of this document are 14.855 and 14.857.
For the reasons stated above, parts 5, 887, 982, and 984 of title
24 of the Code of Federal Regulations are amended as follows:
PART 5--GENERAL HUD PROGRAM
1. The authority citation for part 5 continues to read as follows:
Authority: 42 U.S.C. 3535(d), unless otherwise noted.
Subpart E--Restrictions on Assistance to Noncitizens
2. In Sec. 5.520 paragraphs (c)(1) introductory text, (c)(1)(ii),
(c)(2) introductory text, (c)(2)(i) and (c)(2)(iv) are revised to read
as follows:
Sec. 5.520 Proration of assistance.
* * * * *
(c) Method of prorating assistance for Section 8 covered programs.
(1) Section 8 assistance other than assistance provided for a
tenancy under the Section 8 Rental Voucher Program or for an over-FMR
tenancy in the Section 8 Rental Certificate Program. For Section 8
assistance other than assistance for a tenancy under the voucher
program or an over-FMR tenancy under the certificate program, the PHA
must prorate the family's assistance as follows:
(i) * * *
(ii) Step 2. Determine total tenant payment in accordance with
section 5.613(a). (Annual income includes income of all family members,
including any family member who has not established eligible
immigration status.)
* * * * *
(2) Assistance for a Section 8 voucher tenancy or over-FMR tenancy.
For a tenancy under the voucher program or for an over-FMR tenancy
under the certificate program, the PHA must
[[Page 13057]]
prorate the family's assistance as follows:
(i) Step 1. Determine the amount of the pre-proration housing
assistance payment. (Annual income includes income of all family
members, including any family member who has not established eligible
immigration status.)
* * * * *
(iv) No effect on rent to owner. Proration of the housing
assistance payment does not affect rent to owner. The family must pay
the portion of rent to owner not covered by the prorated housing
assistance payment.
* * * * *
PART 887--HOUSING VOUCHERS [REMOVED AND RESERVED]
3. Part 887 is removed and reserved.
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNITED RULE FOR
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM
4. The authority citation for part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
5. Section 982.352(a)(6) is revised to read as follows:
Sec. 982.352 Eligible housing.
(a) * * *
(6) A unit occupied by its owner or by a person with any interest
in the dwelling unit. (However, assistance may be provided for a family
residing in a cooperative. Assistance may be provided to the owner of a
manufactured home leasing a manufactured home space. In the case of
shared housing, an owner unrelated to the assisted family may reside in
the unit, but assistance may not be paid on behalf of the resident
owner. For provisions on cooperative housing, manufactured home space
rental, and shared housing, see part 982, subpart M.); and
* * * * *
6. In Sec. 982.505, paragraph (d)(5) is revised, to read as
follows:
Sec. 982.505 Voucher tenancy or over-FMR tenancy: How to calculate
housing assistance payment.
* * * * *
(d) * * *
(5) At the next regular reexamination following a change in family
size or composition during the HAP contract term, and for any
examination thereafter during the term:
(i) Paragraph (d)(4)(i) does not apply, and
(ii) If there is a change in family unit size resulting from such
change in family size or composition, the new family unit size must be
used to compute the payment standard.
7. In Sec. 982.509, paragraph (b)(5)(i) is revised, to read as
follows:
Sec. 982.509 Regular tenancy: Annual adjustment of rent to owner.
* * * * *
(b) * * *
(5) * * *
(i) The first day of the first month commencing on or after the
contract anniversary date; or
* * * * *
8. In Sec. 982.516, paragraph (e) is amended by removing from the
last sentence the phrase ``and family unit size'', and paragraph (d)(2)
is revised, to read as follows:
Sec. 982.516 Family income and composition: Regular and interim
examinations.
* * * * *
(d) * * *
(2) At the effective date of a regular or interim reexamination,
the HA must make appropriate adjustments in the housing assistance
payment. (For a voucher tenancy or over-FMR tenancy, the housing
assistance payment shall be calculated in accordance with Sec. 982.505.
For a regular tenancy, the housing assistance payment shall be
calculated in accordance with Sec. 982.507.)
* * * * *
Sec. 982.623 [Amended]
9. Section 982.623 is amended as follows:
a. In the first sentence of paragraph (c)(2)(ii), the phrase
``monthly gross rent'' is removed and the phrase ``rent to owner'' is
inserted in its place.
b. In paragraph (c)(3)(ii), the phrase ``monthly gross rent'' is
removed and the phrase ``rent to owner'' is added in its place.
PART 984--SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY
PROGRAM
10. The authority citation for part 984 continues to read as
follows:
Authority: 42 U.S.C. 1437f, 1437u, and 3535(d).
Sec. 984.304 [Amended]
11. In Sec. 984.304, paragraph (a)(2) is amended as follows:
a. In the first sentence, by removing ``in accordance with the
regulations set forth in 24 CFR parts 813 and 882.'' and inserting ``in
accordance with the regulations set forth in subpart F of 24 CFR part
5, and subpart K of 24 CFR part 982.''
b. In the second sentence, by removing ``in accordance with the
regulations set forth in 24 CFR part 887.'' and inserting ``in
accordance with the regulations set forth in 24 CFR Sec. 982.505.''
Sec. 984.305 [Amended]
12. In section 984.305, paragraph (b)(1) is amended as follows:
a. By removing ``part 913'' and inserting ``subpart F of 24 CFR
part 5''.
b. By removing ``part 813'' and inserting ``subpart F of 24 CFR
part 5''.
Dated: March 2, 1999.
Andrew Cuomo,
Secretary.
[FR Doc. 99-6271 Filed 3-15-99; 8:45 am]
BILLING CODE 4210-33-P
