[Federal Register Volume 62, Number 61 (Monday, March 31, 1997)]
[Proposed Rules]
[Pages 15346-15349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7999]
[[Page 15345]]
_______________________________________________________________________
Part VII
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Parts 882 and 982
Housing Opportunity Program Extension Act of 1996 Implementation
Provisions and Section 8 Certificate, Voucher, and Moderate
Rehabilitation Admission and Occupancy Policies Revisions; Proposed
Rule
Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 /
Proposed Rules
[[Page 15346]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 882 and 982
[Docket No. FR-4159-P-01]
RIN 2577-AB72
Implementing Provisions of the Housing Opportunity Program
Extension Act of 1996; and Revising Section 8 Certificate, Voucher, and
Moderate Rehabilitation Admission and Occupancy Policies
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would amend the admission and occupancy
requirements for the Section 8 Rental Certificate, Rental Voucher, and
Moderate Rehabilitation Programs as follows: Make certain applicants
ineligible for admission if evicted from housing assisted under the
United States Housing Act of 1937; Terminate assistance to tenant-based
certificate and voucher participants evicted for serious lease
violations; Screen out illegal drug users and alcohol abusers; and
Terminate assistance to illegal drug users and alcohol abusers.
DATES: Comment due date: May 30, 1997.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to the Rules Docket Clerk, Office of General
Counsel, Room 10276, Department of Housing and Urban Development, 451
Seventh Street, SW, Washington, DC 20410. Communications should refer
to the above docket number and title. Facsimile (FAX) comments are not
acceptable. A copy of each communication submitted will be available
for public inspection and copying between 7:30 a.m. and 5:30 p.m.
weekdays at the above address.
FOR FURTHER INFORMATION CONTACT: Madeline Hastings, Associate Deputy
Assistant Secretary for the Office of Public and Assisted Housing
Operations, Room 4228, Department of Housing and Urban Development, 451
Seventh Street, SW, Washington, DC 20410; telephone number (202) 708-
1842. (This telephone number is not toll-free.) For hearing- and
speech-impaired persons, this number may be accessed via text telephone
(TTY) by calling the Federal Information Relay Service at (800) 877-
8339.
SUPPLEMENTARY INFORMATION:
I. Statutory Change and Related Change to Bar Admission of Certain
Evicted Tenants
The statutory foundation for the Section 8 program is the United
States Housing Act of 1937 (42 U.S.C. 1437a et seq.) (the Act). On
March 28, 1996, the Act was amended by the Housing Opportunity Program
Extension Act of 1996 (Pub. L. 104-120; 110 Stat. 834) (the Extension
Act). It makes an individual who has been evicted from housing assisted
under the United States Housing Act of 1937 (public housing, Indian
housing, Section 23, or any Section 8 program) for drug-related
criminal activity ineligible for admission to Section 8 housing for a
3-year period beginning from the date of the eviction. The Public
Housing Agency (HA) has the discretion, however, to determine that the
evicted individual's family is eligible for admission if the HA
determines that the evicted individual has successfully completed a
rehabilitation program approved by the HA or that the circumstances
leading to the eviction no longer exist (e.g., the individual involved
in drugs is no longer in the household because of incarceration). In
this proposed rule, HUD would interpret the 3-year period to be at
least 3 years, so that an HA can determine the period of time it
believes reasonable for particular types of drug-related criminal
activity, as long as that period is at least 3 years long.
The Extension Act also requires HAs to establish standards for
prohibiting occupancy in any Section 8 unit by any person who the HA
determines is illegally using a controlled substance, or whose pattern
of illegal use of a controlled substance or pattern of alcohol abuse
would interfere with the health, safety, or right to peaceful enjoyment
of the premises by other residents of the project. In this connection,
the Extension Act authorizes the HA administering the program to
determine whether an applicant has been rehabilitated from drug or
alcohol abuse.
In this proposed rule, HUD also proposes two related changes for
tenants evicted from assisted housing: (1) Tenants evicted from housing
assisted under the United States Housing Act of 1937 for serious lease
violations would be ineligible for admission to units assisted under
the Section 8 Rental Certificate, Rental Voucher, and Moderate
Rehabilitation Programs for an appropriate period of time; and (2)
Section 8 tenant-based certificate and voucher participants evicted for
serious lease violations would be ineligible for continued assistance
by the HA. For example, families evicted for a serious lease violation
(such as committing crimes against persons or property or other acts
that affect the health, safety, or right to peaceful enjoyment of the
premises by other residents) would be barred from admission to Section
8 housing for a specified period and, if applicable, be terminated from
the Rental Certificate or Voucher Program. HUD is also proposing a
similar requirement for the public housing program barring the
admission of residents evicted from housing assisted under the United
States Housing Act of 1937 for serious lease violations. These
proposals would facilitate efforts by HUD and HAs to eliminate crime
and to impose tougher expectations on Federally assisted tenants,
holding them responsible for their actions.
In order to determine the eligibility of an applicant under this
proposed rule, an HA needs to know whether the applicant was evicted
from housing assisted under the U.S. Housing Act of 1937 and whether
the eviction involved drug-related criminal activity. HUD is
specifically requesting public comment on ways HAs can share this
information with each other, and the best means to obtain information
on evictions from privately owned assisted projects such as Section 8
new construction projects.
II. Regulatory Reinvention
Consistent with Executive Order 12866 and President Clinton's
memorandum of March 4, 1995 to all Federal departments and agencies on
the subject of Regulatory Reinvention, HUD is reviewing all its
regulations to determine whether they can be eliminated, streamlined,
or consolidated with other regulations. As part of this review, this
proposed rule, at the final rule stage, may undergo revisions in
accordance with the President's regulatory reform initiatives. In
addition to comments on the substance of these regulations, HUD
welcomes comments on how this proposed rule may be made more
understandable and less burdensome.
III. Findings and Certifications
A. Paperwork Reduction Act
The proposed information collection requirements contained at
Secs. 882.514(g) and 982.553(b) of this rule have been submitted to the
Office of Management and Budget (OMB) for review, under section 3507(d)
of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).
[[Page 15347]]
In accordance with 5 CFR 1320.5(a)(1)(iv), the Department is
setting forth the following concerning the proposed collection of
information:
(1) Title of the information collection proposal: Implementing
Provisions of the Housing Opportunity Program Extension Act of 1996;
and Revising Section 8 Certificate, Voucher, and Moderate
Rehabilitation Admission and Occupancy Policies.
(2) Summary of the collection of information: HAs have local
admission and subsidy termination policies that detail when applicants
are eligible, how applicants are selected, waiting list management,
denial of assistance to applicants, and termination of assistance to
participants. This rulemaking requires HAs to (1) deny admission
because of drug-related criminal activity and certain evictions from
housing assisted under the 1937 Housing Act, (2) terminate assistance
when a family is evicted from a tenant-based subsidy unit for serious
lease violations, and (3) establish admission and termination standards
concerning drug use and alcohol abuse.
(3) Description of the need for the information and its proposed
use: The information collected is needed to assure that subsidy is only
provided to eligible families, and to monitor compliance with HUD
Section 8 program admission and termination requirements authorized by
statute.
(4) Description of the likely respondents, including the estimated
number of likely respondents, and proposed frequency of response to the
collection of information: Respondents will be the 2500 HAs
administering the Section 8 program. The proposed frequency of
responses is once annually.
(5) Estimate of the total reporting and recordkeeping burden that
will result from the collection of information: HA admission and
termination policies are contained in the HA administrative plan. When
an HA first begins to administer the Section 8 program, the HA develops
an administrative plan in conjunction with its first funding
application. Thereafter, the HA updates the administrative plan
periodically on an as-needed basis (estimated not to exceed an average
of once a year). HUD approval of the administrative plan is not
required and it is maintained locally. Additional burden to HAs
required by this rule is minimal since the collections are a part of
the day-to-day operation of the HAs, the rule simply requires HAs to
consider additional factors when making admission and termination
determinations, HAs already update the administrative plan periodically
to reflect new statutory requirements and changes in local policies,
and the collection requirements for the administrative plan are already
included in the burden hours attributed to preparing a funding
application and periodically updating the administrative plan. The
reporting and recordkeeping burden for the application form HUD-52515
(which includes the administrative plan) were previously approved by
the Office of Management and Budget (OMB), and assigned OMB control
number 2577-0169, as follows:
----------------------------------------------------------------------------------------------------------------
Est. avg.
Number of Freg. of response time Est. annual
respondents response (Hours) burden (Hrs.)
----------------------------------------------------------------------------------------------------------------
Reporting Burden............................ 2,500 1 2.0 5000
----------------
Total Reporting Burden.................. ............... ............... ............... 5000
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B. Regulatory Review
The Office of Management and Budget (OMB) reviewed this proposed
rule under Executive Order 12866, Regulatory Planning and Review,
issued by the President on September 30, 1993. OMB determined that this
rule is a ``significant regulatory action,'' as defined in section 3(f)
of the Order (although not economically significant, as provided in
section 3(f)(1) of the Order). Any changes made in this rule subsequent
to its submission to OMB are identified in the docket file, which is
available for public inspection between 7:30 a.m. and 5:30 p.m. 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.
C. Impact on Small Entities
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this proposed rule, and in so
doing certifies that this proposed rule would not have a significant
economic impact on a substantial number of small entities. While this
rule would amend occupancy and tenant selection policies in the Section
8 Rental Certificate, Rental Voucher, and Moderate Rehabilitation
Programs, it would not have a significant economic impact on small
entities.
D. Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been 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). This Finding 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.
E. Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this proposed rule would 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.
As a result, this proposed rule is not subject to review under the
Order. The proposed rule would merely implement statutory and related
requirements with respect to admission and occupancy of housing funded
by the Federal Government.
F. Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this proposed rule would
not have the potential for significant impact on family formation,
maintenance, or general well-being, and thus is not subject to review
under the Order. This proposed rule would increase the safety and
security of families living in assisted housing. Since the impact of
this proposed rule on the family would be beneficial, no further review
is considered necessary.
G. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4;
[[Page 15348]]
approved March 22, 1995) (UMRA) establishes requirements for Federal
agencies to assess the effects of their regulatory actions on State,
local, and tribal governments, and the private sector. This proposed
rule would not impose any Federal mandates on any State, local, or
tribal governments, or on the private sector, within the meaning of the
UMRA.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the programs
that would be affected by this proposed rule are 14.855 (Vouchers),
14.856 (Moderate Rehabilitation) and 14.857 (Certificates).
List of Subjects
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
Accordingly, for the reasons stated in the preamble, parts 882 and
982 of title 24 of the Code of Federal Regulations, are proposed to be
amended as follows:
PART 882--SECTION 8 CERTIFICATE AND MODERATE REHABILITATION
PROGRAMS
1. The authority citation for part 882 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
2. In Sec. 882.413, paragraph (b) is amended by adding a new
sentence after the first sentence, to read as follows:
Sec. 882.413 Responsibility of the Family.
* * * * *
(b) * * * No Family member may abuse alcohol in a way that may
interfere with the health, safety, or right to peaceful enjoyment of
the premises by other residents. * * *
* * * * *
3. Section 882.514 is amended as follows:
a. By revising paragraph (a)(2);
b. By redesignating paragraph (a)(3) as paragraph (a)(4);
c. By adding a new paragraph (a)(3);
d. By revising paragraph (g); and
e. By adding a new paragraph (h); to read as follows:
Sec. 882.514 Family participation.
(a) * * *
(2) A Family is ineligible for admission if:
(i) The Family contains any Family member evicted from housing
assisted under the 1937 Act for drug-related criminal activity during a
reasonable time period specified by the PHA, which is not less than 3
years from the date of the eviction. Notwithstanding the immediately
preceding sentence, the PHA may, in its discretion, determine that the
Family is eligible for admission if the PHA determines that the evicted
Family member who was engaged in drug-related criminal activity has
successfully completeed a rehabilitation program approved by the PHA or
that the circumstances leading to the eviction no longer exist (e.g.,
the evicted Family member involved in drugs is no longer in the
household because of incarceration); or
(ii) The Family contains any Family member evicted from housing
assisted under the 1937 Act for other serious violation of the lease
during a reasonable time period specified by the PHA, unless the PHA
determines that the circumstances leading to the eviction no longer
exist.
(3) A PHA may determine to deny assistance to an applicant Family
because one or more Family members have engaged in violent criminal
activity or drug-related criminal activity as defined in Sec. 882.413,
illegal use of a controlled substance, or abuse of alcohol that may
interfere with the health, safety, or right to peaceful enjoyment of
the premises by other residents. See paragraph (g) of this section.
* * * * *
(g) Considerations in certain denials and terminations. (1) The PHA
must establish standards for denying program assistance if the PHA
determines that:
(i) Any Family member is illegally using a controlled substance; or
(ii) There is reasonable cause to believe that a Family member's
illegal use or pattern of illegal use of a controlled substance or
abuse or pattern of abuse of alcohol may interfere with the health,
safety, or right to peaceful enjoyment of the premises by other
residents.
(2) The PHA must establish standards for determining whether to
terminate program assistance if the PHA determines that:
(i) Any Family member is illegally using a controlled substance; or
(ii) A Family member's use of a controlled substance or abuse of
alcohol interferes with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
(3) In determining whether to deny or terminate program assistance
for illegal use or pattern of use of a controlled substance or for
abuse or a pattern of abuse of alcohol, by a Family member, the PHA may
consider whether the person:
(i) Is no longer engaging in illegal use of a controlled substance
or in abuse of alcohol (as applicable); or
(ii) Has successfully completed a supervised drug or alcohol
rehabilitation program (as applicable), has otherwise been
rehabilitated successfully, or is participating in a supervised drug or
alcohol rehabilitation program (as applicable).
(4) The PHA may require a Family member who has engaged in the
illegal use of a controlled substance, or in alcohol abuse activity
that interfered with the health, safety, and peaceful enjoyment of the
premises by other residents, to submit evidence of participation in, or
successful completion of, a supervised drug or alcohol rehabilitation
program (as applicable) as a condition to being allowed to reside in
the unit.
(5) At any time, the HA may deny program assistance to an applicant
or terminate program assistance to a participant Family if the PHA
determines that any Family member has engaged in drug-trafficking or
violent criminal activity. In determining whether to deny or terminate
program assistance based on drug-related criminal activity, violent
criminal activity, or alcohol abuse, the PHA may deny or terminate
program assistance if the preponderance of evidence indicates that a
Family member has engaged in such activity, regardless of whether the
Family member has been arrested or convicted.
(h) Inapplicability to a program administered by an IHA. Paragraphs
(a)(2)(i) and (g)(1) through (g)(5) of this section are not applicable
to a program administered by an IHA.
PART 982--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. 1437a, 1437c, 1437f, and 3535(d).
5. In Sec. 982.201, paragraph (a) is revised to read as follows:
Sec. 982.201 Eligibility.
(a) When applicant is eligible: general. (1) The HA may only admit
an eligible family to a program. To be eligible, the
[[Page 15349]]
applicant must be a ``family'', must be income-eligible, and the
members of the family must be citizens or noncitizens who have eligible
immigration status as determined in accordance with 24 CFR part 5.
(2) The family must not contain any family member evicted from
housing assisted under the 1937 Act for drug-related criminal activity
during a reasonable time period specified by the HA, which is not less
than 3 years from the date of the eviction. Notwithstanding the
immediately preceding sentence, the HA may, in its discretion,
determine that the family is eligible for admission if the HA
determines that the evicted family member who was engaged in drug-
related criminal activity has successfully completed a rehabilitation
program approved by the HA or that the circumstances leading to the
eviction no longer exist (e.g., the individual involved in drugs is no
longer in the household because the person is incarcerated).
(3) The family must not contain any family member evicted from
housing assisted under the 1937 Act for other serious violation of the
lease during a reasonable time period specified by the HA, unless the
HA determines that the circumstances leading to the eviction no longer
exist.
(4) Paragraph (a)(2) of this section is not applicable to a program
administered by an IHA.
* * * * *
6. Section 982.551 is amended by redesignating paragraph (m) as
paragraph (n), and by adding a new paragraph (m), to read as follows:
Sec. 982.551 Obligations of participant.
* * * * *
(m) Alcohol abuse by family members. The members of the family may
not abuse alcohol in a way that may interfere with the health, safety,
or right to peaceful enjoyment of the premises by other residents.
* * * * *
7. Section 982.552 is amended as follows:
a. By removing paragraph (b)(2);
b. By redesignating paragraphs (b)(3) through (b)(10) as paragraphs
(b)(2) through (b)(9), respectively;
c. By redesignating paragraph (f) as paragraph (h); and
d. By adding new paragraphs (f) and (g); to read as follows:
Sec. 982.552 HA denial or termination of assistance for family.
* * * * *
(f) Eviction from 1937 Act housing: Requirement to deny admission.
See Sec. 982.201(a) for a statement of the circumstances in which the
HA must deny program assistance for an applicant if any family member
has been evicted from housing assisted under the 1937 Act.
(g) Eviction for serious lease violation: Requirement to terminate
assistance. The HA must terminate program assistance for a participant
family (i.e., all family members) if the family is evicted from housing
assisted under the program for serious violation of the lease.
* * * * *
8. Section 982.553 is revised to read as follows:
Sec. 982.553 Crime or alcohol abuse by family members.
(a) Drug-trafficking or violent criminal activity: Authority to
deny admission or terminate assistance. At any time, the HA may deny
program assistance to an applicant or terminate program assistance to a
participant family if the HA determines that any family member has
engaged in drug-trafficking or violent criminal activity.
(b) Illegal drug use and alcohol abuse: Requirement to establish
standards for denial of admission or termination of assistance. (1) The
HA must establish standards for denying program assistance if the HA
determines that:
(i) Any family member is illegally using a controlled substance; or
(ii) There is reasonable cause to believe that a family member's
illegal use or pattern of illegal use of a controlled substance or
abuse or pattern of abuse of alcohol may interfere with the health,
safety, or right to peaceful enjoyment of the premises by other
residents.
(2) The HA must establish standards for determining whether to
terminate program assistance if the HA determines that:
(i) Any family member is illegally using a controlled substance; or
(ii) A family member's use of a controlled substance or abuse of
alcohol interferes with the health, safety, or right to peaceful
enjoyment of the premises by other residents.
(3) In determining whether to deny or terminate program assistance
for illegal use or pattern of use of a controlled substance or for
abuse or pattern of abuse of alcohol by a family member, the HA may
consider whether the person:
(i) Is no longer engaging in illegal use of a controlled substance
or in abuse of alcohol (as applicable); or
(ii) Has successfully completed a supervised drug or alcohol
rehabilitation program (as applicable), has otherwise been
rehabilitated successfully, or is participating in a supervised drug or
alcohol rehabilitation program (as applicable).
(4) The HA may require a family member who has engaged in the
illegal use of a controlled substance, or in alcohol abuse activity
that interfered with the health, safety, and peaceful enjoyment of the
premises by other residents, to submit evidence of current
participation in, or successful completion of, a supervised drug or
alcohol rehabilitation program (as applicable) as a condition to being
allowed to reside in the unit.
(c) Eviction for drug-related criminal activity from 1937 Act
housing: Requirement to deny admission. See Sec. 982.201(a) for a
statement of the circumstances in which the HA must deny program
assistance for an applicant if any family member has been evicted from
housing assisted under the 1937 Act for drug-related criminal activity.
(d) Evidence of criminal activity or alcohol abuse. In determining
whether to deny or terminate program assistance based on drug-related
criminal activity, violent criminal activity, or alcohol abuse, the HA
may deny or terminate program assistance if the preponderance of
evidence indicates that a family member has engaged in such activity,
regardless of whether the family member has been arrested or convicted.
(e) Inapplicability to a program administered by an IHA. Paragraph
(b) of this section is not applicable to a program administered by an
IHA.
Dated: March 4, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 97-7999 Filed 3-28-97; 8:45 am]
BILLING CODE 4210-33-P
