[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Rules and Regulations]
[Pages 48278-48337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23050]



      

[[Page 48277]]

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Part III





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



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24 CFR Part 888



Fair Market Rents for Section 8 Housing Assistance Payments Program--
Fiscal Year 1996; Final Rule

  Federal Register / Vol. 60, No. 180 / Monday, September 18, 1995 / 
Rules and Regulations  

[[Page 48278]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 888

[Docket No. FR-3933-N-02]


Fair Market Rents for Section 8 Housing Assistance Payments 
Program--Fiscal Year 1996

AGENCY: Office of the Secretary, HUD.

ACTION: Final fiscal year (FY) 1996 fair market rents (FMRs).

-----------------------------------------------------------------------

SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937 
requires the Secretary to publish FMRs annually to be effective on 
October 1 of each year. FMRs are used for the Section 8 Rental 
Certificate program (including space rentals by owners of manufactured 
homes under that program); the Moderate Rehabilitation Single Room 
Occupancy program; housing assisted under the Loan Management and 
Property Disposition programs; payment standards for the Rental Voucher 
program; and any other programs whose regulations specify their use.
    On March 2, 1995 (60 FR 11870), HUD published a proposed rule to 
revise 24 CFR part 888 to change the FMR rent standard from the 45th to 
40th percentile rent level. That change was published in the Federal 
Register on August 15, 1995 (60 FR 42222), and made effective on 
September 14, 1995.
    HUD also published proposed FY 1996 FMRs on August 15, 1995 (60 FR 
42290). Because of the delay in publishing the proposed FMRs, the 
public comment period will extend beyond the October 1 statutory date 
for publishing final FMRs. Therefore, there will be two notices of 
final FMRs. Today's document provides final FY 1996 FMRs at the level 
of the proposed FMRs, except for the small number of areas with 
proposed FMR reductions that will have their FMRs held at the FY 1995 
40th percentile level pending evaluation of public comments. The second 
publication of final FY 1996 FMRs, which will announce revised FMRs for 
the areas that submitted successful public comments, will occur early 
next year.

EFFECTIVE DATE: October 1, 1995.

FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Rental Assistance 
Division, Office of Public and Indian Housing, telephone (202) 708-
0477. (TDD: (202) 708-0850). For technical information on the 
development of schedules for specific areas or the method used for the 
rent calculations, contact Michael R. Allard, Economic and Market 
Analysis Division, Office of Economic Affairs, telephone (202) 708-0577 
(TDD: (202) 708-0770). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

I. Background

    Section 8 of the United States Housing Act of 1937 (the Act) (42 
U.S.C. 1437f) authorizes housing assistance to aid lower income 
families in renting decent, safe, and sanitary housing. Assistance 
payments are limited by FMRs 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.

II. Publication 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 and after evaluating the 
public comments, publish the final FMRs (see 24 CFR 888.115). The final 
FY 1996 FMR schedules at the end of this document list the FMR levels 
for the Rental Certificate program (Schedule B) and for the areas where 
modifications have been approved for the manufactured home space FMRs 
(Schedule D).

III. Method Used to Develop FMRs

FMR Standard

    The 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 current definition used is 
the 40th percentile rent, the dollar amount below which 40 percent of 
the standard quality rental housing units rent. The 40th percentile 
rent is drawn from the distribution of rents of units which are 
occupied by recent movers (renter households who moved into their unit 
within the past 15 months). Newly built units less than two years old 
are excluded, and adjustments have been made to correct for the below 
market rents of public housing units included in the data base.

Data Sources

    HUD uses the most accurate and current data available to develop 
the FMR estimates. The sources of survey data used for the base-year 
estimates are:
    (1) the 1990 Census, which provides statistically reliable rent 
data for all FMR areas;
    (2) the Bureau of the Census' American Housing Surveys (AHSs), 
which are used to develop between-Census revisions for the largest 
metropolitan areas and which have accuracy comparable to the decennial 
Census; and
    (3) the Random Digit Dialing (RDD) telephone surveys of individual 
FMR areas, which are based on a sampling procedure that uses computers 
to select statistically random samples of rental housing.
    The base-year FMRs are updated using trending factors based on 
Consumer Price Index (CPI) data for rents and utilities or HUD regional 
rent change factors developed from RDD surveys. Annual average CPI data 
are available individually for 102 metropolitan FMR areas. RDD Regional 
rent change factors are developed annually for the metropolitan and 
nonmetropolitan parts of each of the 10 HUD regions. The RDD factors 
are used to update the base year estimates for all FMR areas that do 
not have their own local CPI survey.

FY 1996 FMRs

    This document makes effective revised FMRs that reflect estimated 
40th percentile rent levels trended to April 1, 1996. 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 have been 
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 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. 

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FMR Areas With Proposed Reductions
    In the August 15, 1995, notice of proposed FMRs, HUD announced that 
the FMRs for 31 areas were being proposed with reduced FMRs as the 
result of recent RDD and AHS surveys. Until the affected PHAs have had 
the opportunity to submit public comments, these areas will continue to 
use the FY 1995 40th percentile FMRs (included in Schedule B of this 
notice). The reductions in the FMRs, or any revisions resulting from 
public comments, for these areas will be made effective in the second 
publication of final FY 1996 FMRs.

RDD Areas With Proposed FMR Reductions

Atlantic-Cape May, NJ
Bergen-Passaic, NJ
Bridgeport, CT
Dayton-Springfield, OH
Evansville-Henderson, IN-KY
Fitchburg-Leominster, MA
Fort Lauderdale, FL
Hartford, CT
Honolulu, HI
Jackson, MS
Jersey City, NJ
Las Vegas, NV
Miami, FL
Middlesex-Somerset-Hunterdon, NJ
Modesto, CA
Monmouth-Ocean, NJ
Newark, NJ
Omaha, NE-IA
Salinas, CA
Santa Rosa, CA
Stamford, CT
Trenton, NJ
Vallejo-Fairfield-Napa, CA
Ventura, CA
West Palm Beach-Boca Raton, FL

AHS Areas With Proposed FMR Reductions

Boston, MA-NH
Oakland, CA
San Jose, CA
San Francisco, CA
Tampa-St. Petersburg-Clearwater, FL
Washington, DC-MD-VA-WV

FMRs for Puerto Rico

    The August 15, notice of proposed FMRs also announced that HUD was 
in the process of re-benchmarking the FMRs for Puerto Rico. Specially 
designed RDD surveys have been, or are in the process of being, 
conducted of each of the metropolitan FMR areas and of the 
nonmetropolitan area of Puerto Rico. These surveys were modified by 
adding housing quality questions to account for the high incidence of 
substandard rental housing in Puerto Rico. Based on the survey results, 
today's notice makes effective higher FMRs for Mayaguez. The FMRs for 
the San Juan-Bayamon and the Caguas FMR areas will remain at the FY 
1995 40th percentile levels pending evaluation of any public comments 
received concerning the reductions proposed for FY 1996.
    The FMRs for Arecibo, Ponce, and for the nonmetropolitan areas 
remain at their FY 1995 40th percentile levels. The slight increase 
proposed in the FMRs for Aguadilla is being made effective in this 
notice. Results of the RDD surveys now underway for the Aguadilla, 
Arecibo, and Ponce metropolitan FMR areas and for the nonmetropolitan 
FMR areas of Puerto Rico will be announced in the Federal Register 
notice of proposed FY 1997 FMRs.

State Minimum FMRs

    Today's document implements HUD's new minimum FMR policy, which 
establishes FMRs at the higher of the local FMR or the State-wide 
average FMR of nonmetropolitan counties, subject to a ceiling rent cap 
of $450 on the nonmetropolitan State averages. HUD adopted this 
procedure in recognition of the difficulty that small PHAs in lightly 
populated rural areas were having in developing valid FMR surveys and 
the concern that their FMRs may be affected by small sample sizes and a 
higher incidence of substandard housing and assisted housing with below 
market rents. The new policy raises the FMRs for many of the 
nonmetropolitan counties. HUD also has decided to apply the policy to a 
small number of metropolitan areas that otherwise would have had FMRs 
below the State-wide nonmetropolitan county average. The new State 
minimum policy may be subject to change, based on further analysis and 
public comment.

Manufactured Home Space FMRs

    Manufactured home space FMRs are 30 percent of the applicable 
Section 8 Rental Certificate program FMR for a two-bedroom unit. HUD 
accepts public comments requesting modifications of these FMRs where 
they are thought to be inadequate to run the program. In order to be 
accepted as a basis for revising the FMRs, such comments must contain 
statistically valid survey data that show the 40th percentile space 
rent (excluding the cost of utilities) for the entire FMR area. This 
program uses the same FMR area definitions as the Section 8 Rental 
Certificate program. Manufactured home space FMR revisions are 
published as final FMRs in Schedule D. Once approved, the revised 
manufactured home space FMRs establish new base year estimates that are 
updated annually using the same data used to update the Rental 
Certificate program FMRs.
New Metropolitan FMR Areas

    This publication makes final the definitions of three new 
metropolitan FMR areas based on the most recent OMB changes. The Grand 
Junction CO FMR area (Mesa County) is the same as the MSA definition. 
HUD has decided, however, not to use the Flagstaff, AZ-UT MSA 
definition as a FMR area because Kane County, UT is not considered to 
be part of the Flagstaff housing market area. The Flagstaff 
metropolitan FMR area, therefore, is defined to include only Coconino 
County, AZ, while Kane County, UT is identified as a separate 
metropolitan FMR area under the State of Utah listing.

IV. HUD Rental Housing Survey Guides

    HUD recommends use of professionally-conducted Random Digit Dialing 
(RDD) telephone surveys to test the accuracy of FMRs for areas where 
there is a sufficient number of Section 8 units to justify the survey 
cost of $10,000-$15,000. Areas with 500 or more program units usually 
meet this criterion, and areas with fewer units may meet it if the 
actual two-bedroom FMR rent standard is significantly different than 
that proposed by HUD. In addition, HUD has developed a simplified 
version of the RDD survey methodology for smaller, nonmetropolitan 
PHAs. This methodology is designed to be simple enough to be done by 
the PHA itself, rather than by professional survey organizations, at a 
cost of around $5,000 or less.
    PHAs in nonmetropolitan areas may, in certain circumstances, do 
surveys of groups of counties. All grouped surveys must be approved in 
advance by HUD. PHAs are cautioned that the resultant FMRs will not be 
identical within the group; each individual FMR area will have a 
separate FMR based on its relationship to the combined rent of the 
group of FMR areas.
    PHAs that plan to use the RDD survey technique may obtain a copy of 
the appropriate survey guide by calling HUD USER on 1-800-245-2691. 
Larger PHAs should request ``Random Digit Dialing Surveys; A Guide to 
Assist Larger Public Housing Agencies in Preparing Fair Market Rent 
Comments.'' Smaller PHAs should obtain ``Rental Housing Surveys; A 
Guide to Assist Smaller Public Housing Agencies in Preparing Fair 
Market Rent Comments.''
    HUD prefers but does not mandate the use of RDD telephone surveys 
or the more traditional method described in 

[[Page 48280]]
the small PHA survey guide. Other survey methodologies are acceptable 
as long as they provide statistically reliable, unbiased estimates of 
the 40th percentile gross rent. Survey samples should preferably be 
randomly drawn from a complete list of rental units for the FMR area. 
If this is not feasible, the selected sample must be drawn so as to be 
statistically representative of the entire rental housing stock of the 
FMR area. In particular 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. All survey results must be fully documented.

V. FMRs for Federal Disaster Areas

    Under the authority granted in 24 CFR part 899, the Secretary finds 
good cause to waive the regulatory requirements that govern requests 
for geographic area FMR exceptions for areas that are declared disaster 
areas by the Federal Emergency Management Agency (FEMA) during FY 1996. 
HUD is prepared to grant disaster-related exceptions up to 10 percent 
above the applicable FMRs. HUD field offices are authorized to approve 
such exceptions for: (1) single-county FMR areas and for individual 
county parts of multi-county FMR areas that qualify as disaster areas 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act; if (2) the PHA certifies that damage to the rental housing stock 
as a result of the disaster is so substantial that it has increased the 
prevailing rent levels in the affected area. Such exceptions must be 
requested in writing by the responsible PHAs. Once approved by HUD, 
they will remain in effect until superseded by the publication of the 
final FY 1998 FMRs.

VI. Other Matters

    A Finding of No Significant Impact with respect to the environment 
as required by the National Environmental Policy Act (42 U.S.C. 4321-
4374) is unnecessary, since the Section 8 Rental Certificate program is 
categorically excluded from the Department's National Environmental 
Policy Act procedures under 24 CFR 50.20(d).
    The undersigned, in accordance with the Regulatory Flexibility Act 
(5 U.S.C. 605(b)), hereby certifies that this Notice does not have a 
significant economic impact on a substantial number of small entities, 
because 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 Notice will not 
have a significant impact on family formation, maintenance, or well-
being. The Notice amends 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 
Notice will not involve the preemption of State law by Federal statute 
or regulation and does 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 be codified 
in 24 CFR Part 888, are amended as follows:

    Dated: August 30, 1995.
Henry G. Cisneros,
Secretary.

Fair Market Rents for the Section 8 Housing Assistance Payments Program

Schedules B and D--General Explanatory Notes

1. Geographic Coverage
    a. The FMRs shown in Schedule B incorporate the Office of 
Management and Budget's (OMB) most current definitions of metropolitan 
areas (with the exceptions discussed in paragraph b). HUD uses the OMB 
Metropolitan Statistical Area (MSA) and Primary Metropolitan 
Statistical Area (PMSA) definitions for FMR areas because they closely 
correspond to housing market area definitions. FMRs are housing market-
wide rent estimates that are intended to provide housing opportunities 
throughout the geographic area in which rental housing units are in 
direct competition.
    b. The exceptions are counties deleted from metropolitan areas 
whose revised OMB definitions were determined by HUD to be larger than 
the housing market areas. The FMRs for the following counties (shown by 
the metropolitan area) are calculated separately and are shown in 
Schedule B within their respective States under the ``Metropolitan FMR 
Areas'' listing:

Metropolitan Area and Counties Deleted

Atlanta, GA--Carroll, Pickens, 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
Flagstaff, AZ-UT--Kane County, UT
Lafayette, LA--St. Landry and Acadia Parishes
New Orleans, LA--St. James Parish
Washington, DC-MD-VA-WV--Berkeley and Jefferson Counties in West 
Virginia; and Clarke, Culpeper, King George and Warren counties in 
Virginia

    c. FMRs also are established for nonmetropolitan counties and for 
county equivalents in the United States, for nonmetropolitan parts of 
counties in the New England states and for FMR areas in Puerto Rico, 
the Virgin Islands, and the Pacific Islands.
    d. FMRs for the areas in Virginia shown in the table below were 
established by combining the 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 complete definitions of these areas including the 
independent cities are as follows:

Virginia Nonmetropolitan County FMR Area and Independent Cities Included
------------------------------------------------------------------------
               County                               Cities              
------------------------------------------------------------------------
Allegheny..........................  Clifton Forge and Covington.       
Augusta............................  Staunton and Waynesboro.           
Carroll............................  Galax.                             
Frederick..........................  Winchester.                        
Greensville........................  Emporia.                           
Henry..............................  Martinsville.                      
Montgomery.........................  Radford.                           
Rockbridge.........................  Buena Vista and Lexington.         
Rockingham.........................  Harrisonburg.                      
Southhampton.......................  Franklin.                          
Wise...............................  Norton.                            
------------------------------------------------------------------------

    e. FMRs for Section 8 manufactured home spaces are 30 percent of 
the two-bedroom Section 8 Rental Certificate program FMRs, with the 
exception of the areas listed in Schedule D whose manufactured home 
space FMRs have been revised on the basis of public comments. Once 
approved, the revised manufactured home space FMRs establish new base-
year estimates that 

[[Page 48281]]
are updated annually using the same data used to estimate the Rental 
Certificate program FMRs. The FMR area definitions used for 
manufactured home spaces are the same as for the Section 8 Certificate 
program.
2. Arrangement of FMR Areas and Identification of Constituent Parts
    a. The FMR areas in Schedule B are listed alphabetically by 
metropolitan FMR area and by nonmetropolitan county within each State. 
The exception FMRs for manufactured home spaces in Schedule D are 
listed alphabetically by State.
    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 a 
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.

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[FR Doc. 95-23050 Filed 9-15-95; 8:45 am]
BILLING CODE 4210-32-C