[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Rules and Regulations]
[Page 16172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9068]
[[Page 16171]]
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Part II
Department of Housing and Urban Development
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24 CFR Part 215, et al.
Office of the Secretary; Combined Income and Rent; Extension of
Effective Period of Interim Regulatory Provisions; Final Rule
Federal Register / Vol. 61, No. 71 / Thursday, April 11, 1996 / Rules
and Regulations
[[Page 16172]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 215, 236, 813, 913, and 950
[Docket No. FR-3324-N-02]
Office of the Secretary; Combined Income and Rent; Extension of
Effective Period of Interim Regulatory Provisions
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of extension of interim regulatory provisions.
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SUMMARY: On April 5, 1995 (60 FR 17388), HUD published an interim rule
amending its regulations governing public housing, Indian housing, and
assisted housing programs by adding nine exclusions to the definition
of annual income. The April 5, 1995 interim rule contains a ``sunset
provision'' which provides that the interim rule will expire on May 6,
1996, unless prior to that date HUD publishes a Federal Register notice
extending the rule's effective period. This notice extends the
effective period of the April 5, 1995 interim rule to such time that a
final rule is issued and becomes effective.
EFFECTIVE DATE: The effective date of the following provisions remains
in effect until the date the final rule becomes effective: Sec. 215.21
(c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11) through (c)(15);
Sec. 236.3 (c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11) through
(c)(15); Sec. 813.106 (c)(2), (c)(6), (c)(8) (iv) through (v), (c)(11),
(c)(12), (c)(14), and (c)(15); Sec. 913.106 (c)(2), (c)(6), (c)(8) (iv)
through (v), (c)(11), (c)(12), (c)(15), and (c)(16); and Sec. 950.102
(2)(ii), (2)(vi), (2)(viii) (D) through (E), (2)(xi), (2)(xii),
(2)(xv), and (2)(xvi) of the definition of Annual income.
FOR FURTHER INFORMATION CONTACT:
For Public Housing: Bruce Vincent, Room 4206, telephone number (202)
708-0744; for Native American Programs: Dominic A. Nessi, Room P8204,
telephone number (202) 755-0032; for Housing: Barbara D. Hunter, Room
6182, telephone number (202) 708-3944; Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410. Hearing or
speech-impaired individuals may access these numbers by calling the
Federal Information Relay Service at 1-800-877-8339. (Except for the
``800'' number, these telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION: On April 5, 1995 (60 FR 17388), HUD
published for public comment an interim rule amending HUD's regulations
governing public housing, Indian housing, Section 8 housing, and other
assisted housing programs by adding nine exclusions to the definition
of annual income. Specifically, the interim rule excludes from annual
income the following: (1) Residential service stipends; (2) adoption
assistance payments; (3) student financial assistance; (4) earned
income of full-time students; (5) adult foster care payments; (6)
compensation from State or local job training programs and training of
resident management staff; (7) property tax rebates; (8) homecare
payments for developmentally disabled children or adult family members;
and (9) deferred periodic payments of supplemental security income and
social security benefits that are received in a lump sum.
With regard to the first eight exclusions to the definition of
income, the Secretary is merely exercising the discretion conferred
upon him to define family income by section 3(b)(4) of the U.S. Housing
Act of 1937 (42 U.S.C. 1437a(b)(4)), section 101(c)(2) of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s(c)(2)), and section
236(m) of the National Housing Act (12 U.S.C. 1715z-1(m)). HUD believes
these exclusions are essential for achieving its goals of ensuring
economic opportunity, empowering the poor and expanding affordable
housing opportunities.
The ninth exclusion to the definition of annual income is
statutorily mandated. Section 103(a)(1) of the Housing and Community
Development Act of 1992 (Pub. L. 102-550, approved October 28, 1993)
amended section 3(b)(4) of the U.S. Housing Act of 1937 to exclude from
annual income, ``any amounts which would be eligible for exclusion
under section 1613(a)(7) of the Social Security Act (42 U.S.C.
1382b(a)(7).'' Section 1613(a)(7) of the Social Security Act covers
deferred periodic payments received in a lump sum from supplemental
security income (SSI) and social security benefits.
Among other parts, the April 5, 1995 interim rule amended part 905.
On April 10, 1995 (60 FR 18174), the Department published a final rule
amending the Indian Housing consolidated regulations and moving these
regulations from part 905 to a new part 950. On July 18, 1995 (60 FR
36666), the Department published a final rule amending part 950 to
incorporate the revisions made by the April 5, 1995 Combined Income and
Rent interim rule.
It is HUD's policy to establish a ``sunset date'' for its interim
rules. Accordingly, the April 5, 1995 interim rule and the July 18,
1995 final rule contain ``sunset provisions'' which provide that the
interim and final rules will expire on May 6, 1996, unless prior to
that date HUD publishes a rule finalizing the amendments made by the
April 5, 1995 and July 18, 1995 rules or a notice extending their
effective period.
The final rule adopting the amendments made by the April 5, 1995
and July 18, 1995 rules is in its final stages of development. However,
in order to prevent a period in which HUD will be without effective
regulations, HUD is extending the effective period of these amendments
until the final rule is published and becomes effective.
For the reasons described above, the following provisions of title
24 of the Code of Federal Regulations will remain in effect until the
date the final rule adopting these regulatory provisions, with or
without changes, is published and becomes effective:
Sec. 215.21 [Amended]
1. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11)
through (c)(15) of Sec. 215.21;
Sec. 236.3 [Amended]
2. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11)
through (c)(15) of Sec. 236.3;
Sec. 813.106 [Amended]
3. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), (c)(11),
(c)(12), (c)(14), and (c)(15) of Sec. 813.106;
Sec. 913.106 [Amended]
4. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), (c)(11),
(c)(12), (c)(15), and (c)(16) of Sec. 913.106; and
Sec. 950.102 [Amended]
5. Paragraphs (2)(ii), (2)(vi), (2)(viii) (D) through (E), (2)(xi),
(2)(xii), (2)(xv), and (2)(xvi) of the definition of Annual income in
Sec. 950.102.
Dated: March 25, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-9068 Filed 4-10-96; 8:45 am]
BILLING CODE 4210-32-P
