[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 42130-42131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20533]
[[Page 42129]]
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Part III
Department of Housing and Urban Development
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24 CFR Part 982
Technical Amendments to the Section 8 Certificate and Voucher
Conforming Rule
Federal Register / Vol. 61, No. 157 / Tuesday, August 13, 1996 /
Rules and Regulations
[[Page 42130]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 982
[Docket No. FR-4119-F-01]
Office of the Assistant Secretary for Public and Indian Housing;
Technical Amendment to the Section 8 Certificate and Voucher Conforming
Rule
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
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SUMMARY: On July 3, 1995 (60 FR 34660), HUD published a final rule
combining and conforming the rules for tenant-based rental assistance
under the Section 8 Rental Certificate and Rental Voucher Programs (24
CFR part 982). This final rule amends part 982 to provide that HUD may
restrict a family's right to lease any unit within the initial Housing
Agency's jurisdiction if HUD determines the limitations on a family's
opportunity to select among available units in that jurisdiction are
appropriate to achieve desegregation goals in accordance with
obligations generated by a court order or consent decree. The purpose
of this rule is to remove any regulatory barrier that may hinder
judicial efforts to address discriminatory racial or economic
concentrations.
EFFECTIVE DATE: September 12, 1996.
FOR FURTHER INFORMATION CONTACT: Madeline Hastings, Deputy Director,
Office of Public and Assisted Housing Operations, Office of Public and
Indian Housing, Room 4226, Department of Housing and Urban Development,
451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-2841.
(This is not a toll-free number.) Hearing- or speech-impaired
individuals may access this number via TTY by calling the toll-free
Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On July 3, 1995 (60 FR 34660), HUD published a final rule which
combined and conformed the rules for tenant-based Section 8 rental
assistance under the Section 8 Certificate and Voucher Rental Programs
(42 U.S.C. 1437f). The final rule also amended the requirements for
project-based assistance under the Section 8 Rental Certificate
Program.
The July 3, 1995 final rule added a new Sec. 982.353, which
describes where a family can lease a unit with tenant-based assistance.
Paragraph (a) of Sec. 982.353 states that a family ``may receive
tenant-based assistance to lease a unit located anywhere'' in the
Housing Agency's (HA's) jurisdiction. Further, 24 CFR 982.353(f)
provides that, except under specified circumstances, the HA ``may not
directly or indirectly reduce the family's opportunity to select among
available units.'' Nevertheless, courts have entered, and may enter in
the future, orders which would require HUD and HAs to limit where
tenant-based assistance may be used within the HA's jurisdiction. For
example, a court may issue such an order to remedy racial or economic
concentrations resulting from discriminatory housing practices. HUD is
concerned that in such circumstances Sec. 982.353 might conflict with
the court mandate.
This final rule amends Sec. 982.353 to provide that HUD may
restrict a family's right to lease any unit within the initial HA's
jurisdiction if HUD determines the limitations on a family's
opportunity to select among available units in that jurisdiction are
appropriate to achieve desegregation goals in accordance with
obligations generated by a court order or consent decree. This rule
only amends paragraphs (a) and (f) of Sec. 982.353, which concern
tenant-based assistance within the jurisdiction of the original HA.
This rule does not revise the portability procedures set forth at 24
CFR 982.353(b). This final rule, therefore, does not authorize limiting
the residential choice of a family renting outside the jurisdiction of
the initial HA.
II. Justification for Final Rulemaking
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 comment is unnecessary.
This final rule amends Sec. 982.353 to remove any potential conflict
between the current regulatory language and judicial efforts to address
discriminatory racial or economic concentrations. Since the amendment
made by this final rule would apply solely to HAs operating under the
terms of a court order or consent decree, and therefore not involve all
housing authorities and participants in the Section 8 Rental
Certificate and Voucher Programs prior public comment is unnecessary.
III. Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This final rule
amends Sec. 982.353 to eliminate any possible conflict between the
existing regulatory language and judicial desegregation goals, and is
limited to housing authorities operating under court orders or consent
decrees that address such goals. The rule will have no adverse or
disproportionate economic impact on small entities.
Environmental Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment was made 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. 4332) at the time of development of the
July 3, 1995 final rule. That finding remains applicable to this rule
which merely makes a technical amendment to the July 3, 1995 final
rule. The FONSI 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.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. This purpose of this rule is to
address any possible conflict between HUD's regulation at Sec. 982.353
and judicial efforts to remedy discriminatory racial or economic
concentrations. This rule will assist to facilitate the actions of
courts, and will not affect the relationship between the Federal
Government and State and local governments.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have
the potential for significant impact on family formation, maintenance,
or
[[Page 42131]]
general well-being, and thus is not subject to review under the Order.
This rule removes any potential conflict between 24 CFR 982.353 and
nondiscrimination obligations generated by a court order or consent
decree. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
List of Subjects in 24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
Accordingly, 24 CFR part 982 is amended as follows:
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
1. The authority citation for 24 CFR part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
2. Section 982.353 is amended by revising paragraphs (a) and (f) to
read as follows:
Sec. 982.353 Where family can lease a unit with tenant-based
assistance.
(a) Assistance in the initial HA jurisdiction. The family may
receive tenant-based assistance to lease a unit located anywhere in the
jurisdiction (as determined by State and local law) of the initial HA.
HUD may nevertheless restrict the family's right to lease such a unit
anywhere in such jurisdiction if HUD determines that limitations on a
family's opportunity to select among available units in that
jurisdiction are appropriate to achieve desegregation goals in
accordance with obligations generated by a court order or consent
decree.
* * * * *
(f) Freedom of choice. The HA may not directly or indirectly reduce
the family's opportunity to select among available units except as
provided in paragraph (a) of this section, or elsewhere in this part
982 (e.g. prohibition on use of ineligible housing, housing not meeting
HQS, or housing for which the contract rent (certificate program) or
rent to owner (voucher program) exceeds a reasonable rent).
Dated: August 6, 1996.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-20533 Filed 8-12-96; 8:45 am]
BILLING CODE 4210-33-P
