[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59620-59622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28790]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 982
[Docket No. FR-4428-F-05]
RIN 2577-AB91
Housing Choice Voucher Program; Amendment
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
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SUMMARY: On October 21, 1999, HUD published a final rule implementing
the statutory merger of the Section 8 tenant-based certificate and
voucher programs. This rule makes an amendment to the October 21, 1998
final rule concerning the 40 percent of adjusted monthly income initial
rent burden limit. HUD is making this change based upon its
reconsideration of the statutory language and legislative history
regarding this requirement.
DATES: Effective Date: December 3, 1999.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Office of Public and
Indian Housing, Department of Housing and Urban Development, Room 4210,
451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-0477.
(This is not a toll-free number.) Hearing or speech-impaired
individuals may access this number via TTY by calling
[[Page 59621]]
the toll-free Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On October 21, 1999 (64 FR 56894), HUD published a final rule
implementing the statutory merger of the Section 8 tenant-based
certificate and voucher programs. The October 21, 1999 final rule
implemented section 545 of the Quality Housing and Work Responsibility
Act of 1998 (Title V of the FY 1999 HUD Appropriations Act; Pub. L.
105-276, approved October 21, 1998) (referred to as the ``Public
Housing Reform Act''). The new tenant-based program (known as the
Housing Choice Voucher program) has features of the previously
authorized certificate and voucher programs, plus new features.
Interested persons should consult the preamble to the October 21, 1999
final rule for additional details. This final rule makes an amendment
to new Housing Choice Voucher Program regulations at 24 CFR part 982.
The Public Housing Reform Act provides that at the time a family
initially receives tenant based assistance under the Housing Choice
Voucher Program with respect to any dwelling unit:
[T]he total amount that a family may be required to pay for rent
may not exceed 40 percent of the monthly adjusted income of the
family. (42 U.S.C. 1437f(o)(3), as amended by section 545 of the
Public Housing Reform Act)
This statutory provision is currently implemented by Sec. 982.508.
This final rule provides that the initial rent burden restriction
at Sec. 982.508 applies only to a family who leases a unit at a gross
rent which exceeds the applicable payment standard for the family. This
final rule provides that at the time the Public Housing Agency (PHA)
approves a tenancy for initial occupancy of a dwelling unit by a family
with assistance under the voucher program, and where the gross rent of
the unit exceeds the applicable payment standard for the family, the
family share of gross rent must not exceed 40 percent of the family's
monthly adjusted income. Under this final rule, the initial rent burden
restriction will not apply to a family that rents a unit for a gross
rent (rent to owner plus tenant-paid utilities) at or below the payment
standard for the family.
In the Housing Choice Voucher Program, the monthly assistance
payment for a family that rents for a gross rent below the payment
standard for the family is the gross rent minus the total tenant
payment (TTP), as computed by a statutory formula. The TTP is the
highest of:
1. 30 percent of monthly adjusted income;
2. 10 percent of monthly income;
3. In ``as-paid'' States (where the welfare housing grant is
adjusted in accordance with actual housing cost), the portion of
welfare assistance designated for housing; or
4. The PHA's minimum rent (from $0 to $50, as determined by the
PHA).
Under the last three branches of this formula, the TTP (which is
not covered by the voucher subsidy payment) for a family may exceed 40
percent of adjusted monthly income. HUD previously advised that such
families may not rent a unit for a gross rent that exceeds the 40
percent initial rent burden limit.
On reconsideration of the statute and legislative history, HUD
believes that the statute is only intended to place a restriction on
the rent burden of a family who chooses to lease a unit for a rent that
exceeds the payment standard applicable to the family.
The exact language later enacted as the initial rent burden
restriction in the Public Housing Reform Act originated in the
predecessor of the Public Housing Reform Act, as reported by the Senate
Banking Committee in May, 1997 (Sen. Report 105-21, May 23, 1997). The
Committee report specifies that the 40 percent rent burden limitation
applies ``if the initial rent on a unit exceeds the payment standard''
(Sen. Report 105-21, page 34; see also, page 35). The Committee report
also states that ``if the tenant wishes to lease a unit where the
initial rent on a unit exceeds the payment standard'' tenants may pay
the difference up to 40 percent of adjusted income (Sen. Report 105-21,
page 56). The Committee report clearly indicates that the 40 percent
rent burden limitation is not intended to apply for a family that rents
below the payment standard, and whose statutory total tenant payment
exceeds 40 percent of adjusted income.
Although this final rule will not take effect until December 3,
1999, PHAs are advised that the amendment made by this final rule
better reflects the intent of the Congress in enacting the ``40 percent
rent burden limit.'' PHAs should, therefore, immediately begin to
conform their practices and procedures to the language of Sec. 982.508,
as amended by this final rule. In the meantime, pending the effective
date of this rule, HUD does not anticipate imposing sanctions against
PHAs that rely on the course set out here as a ``safe harbor.''
II. Justification for Final Rulemaking
In general, HUD publishes a rule for public comment before issuing
a rule for effect, in accordance with its own regulations on rulemaking
at 24 CFR part 10. Part 10, however, does provide for exceptions from
that general rule where HUD finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when the
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). HUD finds that good cause exists
to publish this rule for effect without first soliciting public
comment, in that prior public procedure would be contrary to the public
interest. This final rule amends the Housing Choice Voucher Program
regulations at 24 CFR part 982 to more accurately reflect the
Congressional intent regarding the ``40 percent initial rent burden.''
Upon reconsideration of the relevant statutory language and legislative
history, HUD has determined that its initial interpretation (codified
at Sec. 982.505) may contradict the intent of the Congress in enacting
this provision. It is necessary for this rule not to be delayed to
solicit public comments in order to correct any potential confusion on
the part of PHAs and assisted families regarding the scope and
applicability of this statutory requirement. Accordingly, HUD is
publishing this rule for effect without prior public participation.
III. Findings and Certifications
Environmental Impact
A Finding of No Significant Impact with respect to the environment
was made on HUD's May 14, 1999 interim rule implementing the statutory
merger of the tenant-based Section 8 certificate and voucher programs,
in accordance with HUD regulations in 24 CFR part 50 that implement
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4223). That Finding remains applicable to this final rule and is
available for public inspection between 7:30 a.m. and 5:30 p.m.
weekdays in the Office of the Rules Docket Clerk, Office of General
Counsel, Room 10276, Department of Housing and Urban Development, 451
Seventh Street, SW, Washington, DC.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. This final rule does not impose any
Federal mandates on any State,
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local, or tribal governments or the private sector within the meaning
of Unfunded Mandates Reform Act of 1995.
Impact on Small Entities
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)) (the RFA), has reviewed and approved this final rule and
in so doing certifies that this rule would not have a significant
economic impact on a substantial number of small entities. The final
rule is exclusively concerned with public housing agencies that
administer tenant-based housing assistance under Section 8 of the
United States Housing Act of 1937. Specifically, the final rule would
establish requirements governing tenant-based assistance for an
eligible family. The final regulatory amendment would not change the
amount of funding available under the Section 8 voucher program.
Accordingly, the economic impact of this rule will not be significant,
and it will not affect a substantial number of small entities.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on State and local
governments and is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This final rule does not have
federalism implications and does not impose substantial direct
compliance costs on State and local governments or preempt State law
within the meaning of the Executive Order.
Catalog of Domestic Assistance Numbers
The Catalog of Domestic Assistance numbers for the programs
affected by this final rule are 14.855 and 14.85.
List of Subjects in 24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies.
For the reasons described in the preamble, HUD is amending 24 CFR
part 982 as follows:
PART 982--SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER
PROGRAM
1. The authority citation for 24 CFR part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
2. Revise Sec. 982.305(a)(5) to read as follows:
Sec. 982.305 PHA approval of assisted tenancy.
(a) * * *
(5) At the time a family initially receives tenant-based assistance
for occupancy of a dwelling unit, and where the gross rent of the unit
exceeds the applicable payment standard for the family, the family
share does not exceed 40 percent of the family's monthly adjusted
income.
* * * * *
3. Revise Sec. 982.508 to read as follows:
Sec. 982.508 Maximum family share at initial occupancy.
At the time the PHA approves a tenancy for initial occupancy of a
dwelling unit by a family with tenant-based assistance under the
program, and where the gross rent of the unit exceeds the applicable
payment standard for the family, the family share must not exceed 40
percent of the family's adjusted monthly income. The determination of
adjusted monthly income must be based on verification information
received by the PHA no earlier than 60 days before the PHA issues a
voucher to the family.
Dated: October 28, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-28790 Filed 11-1-99; 8:51 am]
BILLING CODE 4210-33-U
