[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15095]
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[Federal Register: June 23, 1994]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
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24 CFR Part 888
Section 8 Housing Assistance Payments Program-Fair Market Rent
Schedules for Use in the Rental Certificate Program, et cetera;
Proposed Rule
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 888
[Docket No. N-94-3754; FR-3699-N-01]
Section 8 Housing Assistance Payments Program-Fair Market Rent
Schedules for Use in the Rental Certificate Program, et cetera
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of proposed fair market rents.
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SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937
requires the Secretary to publish fair market rents (FMRs)
periodically, but not less frequently than annually, to be effective
October 1 of each year. The Department's regulations at 24 CFR part 888
provide a notice and comment process for developing FMRs.
Today's Notice proposes the FMRs for Fiscal Year 1995 (FY-1995) in
two separate sets of proposed FMRs--one based on the 45th percentile
rent of the rental distributions of standard quality rental housing
units, and the other based on the 40th percentile rent of the same
rental housing distributions. HUD is publishing two sets of FMRs at
this time because the Administration has proposed a reduction in the
FMR standard as a means for saving funds in order to serve additional
low-income families. The administration is working with Congress on
this and other changes being considered as part of the rent reforms
proposed for the FY 1995 budget. If the reduction in the FMR standard
is enacted into law after the date of this publication, the final FMRs
will be those based on the 40th percentile rents. Todays Notice,
therefore, requests public comments from parties interested in
commenting on the appropriateness of the levels of the proposed FMRs,
i.e., whether they are too high or too low based on the prevailing
rents within the FMR area. To be considered for revising the proposed
FMRs, the public comments must include statistically valid rental
housing survey data. These data must include the rental housing
distributions that identify both the 40th and 45th percentile rents.
Section VI of this Notice provides instructions for submitting comments
on the appropriateness of the proposed FY 1995 FMR estimates.
DATES: Comments due date: August 22, 1994.
ADDRESSES: Interested persons are invited to submit comments regarding
HUD's determination of the 45th and 40th percentile rent estimates as
published in this Notice to the Office of the General Counsel, Rules
Docket Clerk, 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 and should contain the
information specified in Section VI. To ensure that the information is
fully considered by all of the reviewers, each commenter is requested
to submit two copies of its comments, one to the Rules Docket Clerk and
the other to the Economic and Market Analysis Staff in the appropriate
HUD Field Office. A copy of each communication submitted will be
available for public inspection and copying during regular business
hours (7:30 a.m.-5:30 p.m. Eastern Time) at the above address.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Rental Assistance
Division, Office of Public and Indian Housing (202) 708-0477 (TDD:
(202) 708-0850), for questions relating to the Section 8 Voucher,
Certificate, and Moderate Rehabilitation programs; James Tahash,
Program Planning Division, Office of Multifamily Housing Management
(202) 708-3944 (TDD: (202) 708-4594), for questions relating to all
other Section 8 programs; for technical information regarding the
development of the schedules for specific areas or the method used for
calculating the FMRs, Michael R. Allard, Economic and Market Analysis
Division, Office of Policy Development and Research (202) 708-0577
(TDD: (202) 708-0770). Mailing address for above persons: Department of
Housing and Urban Development, 451 Seventh Street SW, Washington, DC
20410. (Telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
I. Background
Section 8 of the U. S. Housing Act of 1937 (the Act) (42 U.S.C.
1437f) authorizes housing assistance to aid low-income families in
renting decent, safe, and sanitary housing. Assistance payments are
limited by Fair Market Rents (FMRs) (or payment standards, established
by local housing authorities, based on FMRs in the Rental Voucher
program) established by HUD for different areas. In general, the FMR
for an area is the amount that would be needed to pay the gross rent
(shelter rent plus utilities) of privately owned, decent, safe, and
sanitary rental housing of a modest (non-luxury) nature with suitable
amenities.
The FMRs proposed in this Notice govern the following Section 8
Housing Assistance Payments programs: the Rental Certificate program
under part 882 (subparts A and B), including space rentals by owners of
manufactured homes (subpart F), the Moderate Rehabilitation program
under part 882 (subparts D and E), the loan management program for
projects with HUD-insured or HUD-held mortgages under part 886 (subpart
A), the Property Disposition program under part 886 (subpart C), and
any other programs whose regulations provide for the use of these FMRs.
In addition, FMRs are used to establish payment standards for the
Rental Voucher program (part 887).
II. Procedures for the Development of FMRs
Section 8(c) of the Act requires the Secretary of HUD to publish
FMRs periodically, but not less frequently than annually. The
Department's regulations provide that HUD will develop FMRs by
publishing proposed FMRs for public comment, analyzing the public
comment, and publishing final FMRs. (See 24 CFR 888.115.)
III. FMR Schedules
This notice proposes revised FMRs for FY 1995. The two sets of FMR
schedules at the end of this document list the FMR levels for the
Rental Certificate program (Schedule B), and for the areas where the
manufactured home space FMRs have had modifications approved (Schedule
D).
In last year's May 6, 1993 publication of the FY 1994 proposed
FMRs, HUD announced that it was considering other alternatives and
invited comments for establishing the manufactured home space rents. No
comments were received in response to that request. Because the FMRs
for manufactured home spaces are based on old survey data, and there
are no Census data available for updating these estimates, HUD does not
consider them to be sufficiently accurate for continued use. Further,
since there is very limited use of this program, the expected cost of
obtaining the necessary survey data to revise the estimates currently
being used would not be justified. Therefore, the proposed FY 1995 FMRs
for manufactured home spaces are established at 30 percent of the
applicable Section 8 Rental Certificate program two-bedroom FMR. HUD
arrived at the 30 percent standard after analyzing the current
manufactured home space FMRs and concluding that the substantial
majority of them were from 20 to 30 percent of the two-bedroom FMR. For
those areas where the manufactured home space rentals are thought to
differ from the 30 percent standard, HUD will accept public comments
requesting modification of the proposed FMR. To be considered for
approval, the comments for the proposed FY 1995 FMRs must contain
statistically valid survey data that show both the 45th and 40th
percentile space rent (excluding the cost of utilities) for the FMR
area. This program uses the same FMR area definitions as the Rental
Certificate program. All manufactured home space rental public comments
approved by HUD in the future will be published as final FMRs in
Schedule D. In addition, HUD is retaining all of the manufactured home
space FMR modifications approved, to date, since 1990. The reason for
continuing in effect the modified FMRs is that they are based on recent
survey data that HUD has determined to be valid. The areas with
manufactured home space FMRs based on modifications are shown in the
Schedule D tables at the 45th and 40th percentile rent levels.
IV. Metropolitan Area Definitions
With the exceptions discussed below, last year's FMRs incorporated
the Office of Management and Budget's (OMB) revised definitions of
metropolitan areas that were released on December 31, 1992 and modified
on June 30, 1993 in OMB bulletins Nos. 93-05 and 93-17. HUD uses the
OMB Metropolitan Statistical Area (MSA) and Primary Metropolitan
Statistical Area (PMSA) definitions because of their close
correspondence with housing market area definitions. FMRs are intended
to be housing market-wide rent estimates that provide housing
opportunities throughout the geographic area in which rental housing
units are in direct competition.
The FMR area exceptions to the OMB definitions are counties deleted
from seven large metropolitan areas whose revised OMB definitions
encompass areas that were determined to be larger than the housing
market areas. The FMR areas and the respective counties deleted are the
following:
FMR area and counties deleted from previous FMR area definition
Atlanta, GA--Carroll, Pickens, Spalding, and Walton Counties.
Chicago, IL--DeKalb, Grundy and Kendall Counties.
Cincinnati-Hamilton, OH-KY-IN--Brown County, Ohio; Gallatin, Grant
and Pendleton Counties in Kentucky; and Ohio County, Indiana.
Dallas, TX--Henderson County.
Lafayette, LA--St. Landry and Arcadia Parishes.
New Orleans, LA--St. James Parish.
Washington, DC--Berkeley and Jefferson Counties in West Virginia;
and Clarke, Culpeper, King George and Warren counties in Virginia.
The proposed FMRs for the above counties are calculated separately
and are shown in Schedule B within their respective States under the
``Metropolitan FMR Areas'' listing.
New MSA: In addition, HUD is proposing FMR estimates for the newly
designated Hattiesburg, Mississippi MSA, which has been defined by OMB
to include Forrest and Lamar Counties. HUD has determined that the new
metropolitan area definition is an appropriate FMR area definition.
V. Method Used To Develop FMRs
FMR Standard
FMRs are gross rent estimates; they include shelter rent and the
cost of utilities, except telephone. HUD sets FMRs to assure that a
sufficient supply of rental housing is available to program
participants. To accomplish this objective, FMRs must be both high
enough to permit a selection of units and neighborhoods and low enough
to serve as many families as possible. The level at which FMRs are set
is expressed as a percentile point within the rent distribution of
standard quality rental housing units. The specific point rent (whether
it be the 45th or 40th percentile) is drawn from the distribution of
rents of units that are occupied by recent movers (renter households
who moved into their unit within the past 15 months). Adjustments are
made to exclude public housing units and newly built units less than
two years old.
Data Sources
HUD uses the most accurate and current data available to develop
the FMR estimates. Three sources of survey data are used to develop the
base-year estimates. They are: (1) the 1990 Census; (2) the Random
Digit Dialing (RDD) telephone surveys conducted of individual FMR areas
since the 1990 Census; and (3) the post-1990 American Housing Surveys
available at the time the FMR estimates were prepared. The base-year
FMRs have been updated using Consumer Price Index (CPI) data for rents
and utilities or the HUD regional rent change factors developed from
RDD surveys. Annual average CPI data are available individually for 103
FMR areas. RDD regional rent change factors are developed annually for
the metropolitan and nonmetropolitan parts of each of the 10 HUD
regions (a total of 20 separate factors). The RDD factors are used to
update the base-year estimates for all FMR areas that do not have their
own local CPI survey.
The decennial Census provides statistically reliable rent data for
use in establishing base-year FMRs. AHS's are conducted by the Bureau
of the Census for HUD and have comparable accuracy to the decennial
Census. These surveys enable HUD to develop between-census revisions
for the largest metropolitan areas on a revolving four-year cycle. The
RDD telephone survey technique is based on a sampling procedure that
uses computers to select statistically random samples of rental
housing, dial and keep track of the telephone numbers and tabulate the
responses. HUD uses a contractor to conduct the RDD surveys.
Calculation of 40th and 45th Percentile FMRs
This document proposes revised FMRs, which reflect estimated 40th
and 45th percentile rent levels trended to April 1, 1995. The base-year
estimates were updated through 1993 using the most current CPI or RDD
updating factors and then were trended to April 1, 1995 using the
annual trending factor of 3 percent. To ensure that the previously
approved modifications are carried forward, the 40th percentile FMRs
for the affected areas have been calculated by applying the 40th
percentile to 45th percentile ratio for the respective FMR area. The
difference between the 45th and 40th percentile FMRs is about 3 percent
on average; in no case is the difference greater than 6 percent.
The FMRs have been calculated separately for each bedroom size
category based on 1990 Census data. For most FMR areas, the ratios
developed from the Census for that area were applied to the two-bedroom
FMR estimate to derive the FMRs for the other bedroom size categories.
Exceptions were made for areas with local bedroom size rent intervals
below an acceptable range. For those areas the bedroom size intervals
selected were the minimums determined after outliers had been excluded
from the distribution of bedroom size ratios for all metropolitan
areas. Higher ratios continue to be used for three-bedroom and larger
size units than would result from using the actual market
relationships. This is done to assist the largest, most difficult to
house families in finding program-eligible units.
RDD Surveys
RDD surveys are used to obtain statistically-valid FMR estimates
for selected FMR areas. This survey technique involves drawing random
samples of one- and two-bedroom renter units occupied by recent movers.
Both one- and two-bedroom units are used because they are consistently
related and an accurate two-bedroom FMR estimate can be obtained with
fewer telephone calls by expanding the sample base to include
information on one-bedroom rents. The one-bedroom rents are adjusted by
the average two-bedroom to one-bedroom ratio for the area being
surveyed to convert them into two-bedroom equivalent rents.
RDD surveys exclude public housing units, units built in the past
two years and non-cash rental units. There is no practical way to
determine housing quality from telephone interviews. A HUD analysis
conducted specifically to address this issue, however, has shown that
the slightly downward RDD survey bias caused by including some rental
units that are in substandard condition is almost exactly offset by the
slightly upward bias that results from surveying only units with
telephones.
On average, about 8,000 telephone numbers need to be contacted to
achieve the target survey sample level of at least 400 eligible
responses. RDD surveys have a high degree of statistical accuracy.
There is a 95 percent likelihood that the recent mover rent estimates
developed using this approach are within 3 to 4 percent of the actual
rent value. Virtually all of the estimates will be within five percent
of the actual value.
Four of the RDDs conducted last year resulted in FMR estimates that
were lower than the FY 1994 FMRs. As HUD announced in the April 6,
1994, publication of the final FMRs, the surveys for these four areas
have been used to develop the FY 1995 proposed FMRs. The four areas
are: Holmes County, FL; Washington County, FL; Gage County, NE; and the
Jamestown, NY MSA.
In addition, the proposed FY 1995 FMRs for thirteen areas are based
on RDD surveys completed this year.
The survey results for six of the thirteen areas were within the
statistical confidence interval of the previous FMRs for both the 45th
and 40th percentile estimates. These six areas are Allentown-Bethlehem,
PA; Curry County, NM; Medford-Ashland, OR; McAllen-Edinburg, TX;
Wichita Falls, TX; and Wise County, VA. The calculations of the
proposed FY 1995 FMRs for these areas, therefore, are not affected by
the results of the RDD surveys.
For four FMR areas--Brownsville-Harlingen-San Benito, TX; Biloxi-
Gulfport-Pascagoula, MS; Lafayette, LA; and Richland-Kennewick-Pasco,
WA--the survey results indicated that the FMRs were too low, and larger
than normal increases are being proposed for both sets of FMRs.
For Reading, PA, the survey indicated that the FMRs were too high
and a small decrease is proposed in the 45th percentile FMRs for that
area. The 40th percentile survey rent, however, is within the
confidence interval and, therefore, the proposed FMRs are not affected
by the RDD.
For Roosevelt County, NM, a larger than normal increase is proposed
in the 45th percentile FMR, but the 40th percentile estimate is within
the confidence interval and, therefore, not affected by the RDD survey
results.
The FMRs for Las Cruces, NM are being proposed with a decrease in
both the 45th and 40th percentile FMRs based on the RDD survey results.
AHS Areas
AHSs cover the largest metropolitan areas on a four-year cycle.
These areas, in total, contain over half of the nation's rental housing
stock. Both the 45th and 40th percentile rents for these areas have
been calculated from the distributions of two-bedroom units occupied by
recent movers. Public housing units, newly constructed units and units
that fail a housing quality test were excluded from the AHS rental
housing distributions before the FMRs were calculated. The proposed FY
1995 FMRs incorporate the results of the 1992 AHSs for seven FMR areas.
Of these areas, five had survey rent estimates that were within the
statistical confidence interval of the previous FMRs: Birmingham, AL;
Cleveland-Lorain-Elyria, OH; Indianapolis, IN; Salt Lake City-Ogden,
UT; and Norfolk-Virginia Beach-Newport News, VA-NC. The calculation of
the proposed FY 1995 FMRs for these areas, therefore, was not affected
by the AHSs.
Two FMR areas--Memphis, TN-AR-MS and Oklahoma City, OK--are being
proposed for FMR decreases based on the 1992 AHS survey results.
VI. Request for Comments
HUD seeks public comments on FMR levels for specific areas.
Comments on FMR levels must include sufficient information (including
local data and a full description of the methodology used) to justify
any proposed changes. Changes may be proposed in any or all of the
bedroom-size categories on the schedule. Recommendations and supporting
data must reflect the rent levels that exist within the entire FMR
area.
PHAs that plan to use the RDD survey technique may obtain a copy of
the ``PHA Guide to Conducting a Fair Market Rent (FMR) Telephone
Survey'' by calling HUD USER on 1-800-245-2691. (For this year only,
PHAs should make sure that the RDD survey results show both the 45th
and 40th percentile rents.) The survey guide contains information on:
(1) how to decide whether to conduct a rent survey; (2) selecting a
contractor; and (3) monitoring the contract. In addition, there are
example copies of a request for bids letter and a contract package, the
survey questionnaire and interviewer training manual, and a detailed
explanation of the methodology. After a contract is awarded, these
surveys can normally be completed within two to three months. The
hardware and the timing of staff utilization require that RDD surveys
be conducted by contractors staffed with professional statisticians
experienced in this field.
Well-constructed RDD surveys are HUD's preferred method for
obtaining FMR estimates; however, use of these surveys is not mandated
where not cost effective or where alternative surveys with comparable
reliability are available and have been determined to be representative
of prevailing rent levels in the FMR area. Preferably, the survey
samples should be randomly drawn from a complete list of rental units
for the FMR area. If this is not a feasible alternative, the selected
sample must be statistically representative of the entire rental
housing stock of the FMR area. In particular, alternative surveys must
include units of all rent levels and be representative by structure
type (including single-family, duplex and other small rental
properties), age of housing unit, and geographic location. The
decennial Census should be used as a starting point and means of
verification for determining whether non-randomly drawn samples are
representative of the FMR area's rental housing stock.
Local rental housing surveys must show both the 45th and 40th
percentile gross rents (gross rent is rent including the cost of
utilities) and the actual distribution (or distributions if more than
one bedroom size is surveyed) of the surveyed units rank ordered by
gross rent. An explanation of how contract rents were converted to
gross rents must be included. The surveys must exclude units built
within two years prior to the survey date, and samples must not be
drawn solely from vacant units. Since the FMR standard data base uses
only standard quality units and units occupied by recent movers, both
of which are difficult to identify and survey, the Department will
accept surveys of all units and apply an appropriate adjustment.
Commenters must specify the date the rent data were collected so
that HUD can apply a trending factor to update the estimate to April 1,
1995. Survey data that are trended to the April 1, 1995 ``as of date''
of the FMRs must include information on the date the survey was
conducted, the amount of the trending factor and the source of the
trending data.
Rent surveys that cover only two-bedroom units are acceptable if
rent proposals for other size units are consistent with the HUD
differentials established on the basis of the 1990 Census data for the
area. When three- and four-bedroom units are surveyed, the following
procedure must be used to determine appropriate FMR proposals: (1)
Determine the 45th and 40th percentile rents for the three- and four-
bedroom units surveyed, (2) multiply the three-bedroom rents by 1.087,
and (3) multiply the four-bedroom rents by 1.077 to determine FMRs. The
use of these factors will produce the same upward adjustments in the
rent differentials by bedroom size as those applied to the rent
differentials for three- and four-bedroom units used in the HUD
methodology.
VII. Other Matters
A Finding of No Significant Impact with respect to the environment
required by the National Environmental Policy Act (42 U.S.C. 4321-4374)
is unnecessary, since the statutorily required establishment and review
of fair market rents is categorically excluded from the Department's
regulations implementing the National Environment Policy Act at 24 CFR
50.20(l).
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this document before publication and by
approving it certifies that the Notice does not have a significant
economic impact on a substantial number of small entities because FMRs
reflect the rents for similar quality units in the area. Therefore,
FMRs do not change the rent from that which would be charged if the
unit were not in the Section 8 program.
The General Counsel, as the Designated Official under Executive
Order No. 12606, The Family, has determined that this proposal would
not have a significant impact on family formation, maintenance, or
well-being. The proposal would amend Fair Market Rent schedules for
various Section 8 assisted housing programs, and does not affect the
amount of rent a family receiving rental assistance pays, which is
based on a percentage of the family's income.
The General Counsel, as the Designated Official under section 6(a)
of Executive Order No. 12611, Federalism, has determined that this
proposal would not involve the preemption of State law by Federal
statute or regulation and would not have Federalism implications. The
Fair Market Rent schedules do not have any substantial direct impact on
States, on the relationship between the Federal Government and the
States, or on the distribution of power and responsibility among the
various levels of government.
The Catalog of Federal Domestic Assistance program number is
14.156, Lower-Income Housing Assistance Program (Section 8).
Accordingly, the Fair Market Rent schedules, which will not be
codified in the Code of Federal Regulations, are proposed to be amended
as follows:
Section 8 Fair Market Rent Schedules for Use in the Rental Certificate
Program, Loan Management and Property Disposition Programs, Moderate
Rehabilitation Program, and Rental Voucher Program Schedules B & D--
General Explanatory Notes
1. Geographic Coverage
a. FMRs for the Section 8 Rental Certificate program (Schedule B)
are established, for Metropolitan Statistical Areas (MSAs), Primary
Metropolitan Statistical Areas (PMSAs), other HUD-designated
metropolitan FMR areas, for nonmetropolitan counties and county
equivalents in the United States, Puerto Rico, the Virgin Islands and
the Pacific Islands. (The Pacific Islands include Guam, the Mariana
Islands, and the Trust Territories). FMRs also are established for
nonmetropolitan parts of counties in the New England states.
b. FMRs for Section 8 manufactured home spaces are established at
30 percent of the two-bedroom Section 8 Rental Certificate program
FMRs, with the exception of the areas listed in Schedule D, whose FMRs
have been modified on the basis of public comments. The FMR area
definitions used for the manufactured home spaces are the same as for
the Section 8 Rental Certificate program.
c. FMRs for the areas in Virginia shown in the table below are
established by combining the 1990 Census data for the nonmetropolitan
counties with the data for the independent cities that are located
within the county borders. Because of space limitations, the FMR
listing in Schedule B includes only the name of the nonmetropolitan
County. The full definitions of these areas including the independent
cities are as follows:
------------------------------------------------------------------------
Virginia nonmetropolitan Virginia independent cities included with
county FMR area county
------------------------------------------------------------------------
Allegheny............... Clifton Forge and Covington.
Augusta................. Staunton and Waynesboro.
Carroll................. Galax.
Frederick............... Winchester.
Greensville............. Emporia.
Halifax................. South Boston.
Henry................... Martinsville.
Montgomery.............. Radford.
Rockbridge.............. Buena Vista and Lexington.
Rockingam............... Harrisonburg.
Southhampton............ Franklin.
Wise.................... Norton.
------------------------------------------------------------------------
2. FMR Schedules
a. The FMR areas in Schedules B and D are listed alphabetically by
metropolitan FMR area and by nonmetropolitan county within each State.
Two Schedules are included in this publication. The first includes the
proposed FMR estimates at the 45th percentile level and the second
includes the FMR estimates at the 40th percentile level.
b. The constituent counties (and New England towns and cities)
included in each metropolitan FMR area are listed immediately following
the listings of the FMR dollar amounts. All constituent parts of an
metropolitan FMR area that are in more than one State can be identified
by consulting the listings for each applicable State.
c. Two nonmetropolitan counties are listed alphabetically on each
line of the nonmetropolitan county listings.
d. The New England towns and cities included in a nonmetropolitan
part of a county are listed immediately following the county name.
e. The FMRs are listed by dollar amount on the first line beginning
with the FMR area name.
Dated: June 13, 1994.
Henry G. Cisneros,
Secretary.
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[FR Doc. 94-15095 Filed 6-22-94; 8:45 am]
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