[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6690-6748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3763]




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Part II





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



24 CFR Part 888



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

  Federal Register / Vol. 61, No. 35 / Wednesday, February 21, 1996 / 
Rules and Regulations  

[[Page 6690]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 888

[Docket No. FR-3933-N-03]


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

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of final fiscal year (FY) 1996 fair market rents.

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

SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937 
requires the Secretary to publish Fair Market Rents (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.
    Today's notice provides final FY 1996 FMRs for all areas. It 
includes revised FMRs for 6 areas for which the FMRs have been 
increased as a result of HUD-contracted RDD surveys received in late 
October. The 6 areas are: Gallatin County, MT; the Johnson City-
Kingsport-Bristol, TN-VA; Lexington, KY; Lincoln, NE; Macon, GA; and 
Raleigh-Durham-Chapel Hill, NC FMR areas.
    Today's notice also makes effective the FMR reductions for 26 areas 
that were proposed in the August 15 notice based on the results of the 
most recent Random Digit Dialing and American Housing Surveys.

EFFECTIVE DATE: The FMRs published in this notice are effective on 
February 21, 1996.

FOR FURTHER INFORMATION CONTACT:
Gerald Benoit, Operations Division, Office of Rental Assistance, 
telephone (202) 708-0477. 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. 
Hearing- or speech-impaired persons may use the Telecommunications 
Devices for the Deaf (TDD) by contacting the Federal Information Relay 
Service at 1-800-877-8339. (Other than the ``800'' TDD number, 
telephone numbers are not toll free.).

SUPPLEMENTARY INFORMATION: 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.
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 used 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.
    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 RDD survey FMR estimates will be within 5 percent 
of the actual value.
    State Minimum FMRs: Starting with the FY 1996 FMRs, HUD implemented 
a new minimum FMR policy in response to numerous public concerns that 
FMRs in rural areas were too low to operate the program successfully. 
As a result, FMRs are not established at the higher of the local FMR or 
the State-wide average of nonmetropolitan counties, subject to a 
ceiling rent cap. The State minimum also affects a small number of 
metropolitan areas whose rents would otherwise fall below the State 
minimum.
Public Comments
    In response to the August 15, 1995, proposed FMRs, HUD received 78 
public comments covering 59 FMR areas. Rental housing survey 
information was included for 18 of the FMR areas covered by comments. 
HUD carefully evaluated all of the survey data submitted and, based on 
that review, is revising the FMRs for 10 of the 18 areas. The 
information submitted for the 41 areas that did not provide rental 
housing survey data was not considered sufficient to provide a basis 
for revising the FMRs.
    Of the 10 FMR areas with approved FMR revisions, 6 submitted RDD 
surveys conducted by the Public Housing Agency (PHA) or by a 
professional survey firm, and 4 submitted traditional landlord/owner 
type surveys. The 6 areas that used the RDD survey method were: the 
Austin-San Marcos, TX; Boston, MA; Lake Charles, LA; Oakland, CA; Santa 
Rosa, CA; and the Washington, DC FMR areas. The 4 areas with successful 
traditional surveys were: the Kenai Peninsular Borough and the 
Matanuska-Susitna Borough in Alaska and Archuleta County and Laplata 
County in Colorado.

[[Page 6691]]

    HUD also received submissions from 7 firms in Iowa, Nebraska, and 
South Dakota which consisted essentially of an appraisal of an 
individual project in 15 different FMR areas. This information was 
referred to the appropriate staff in the HUD field offices with 
jurisdiction. These submissions have not been counted in this year's 
summary of FMR comments because they did not address the adequacy of 
the area-wide FMRs, but rather the need for higher rents in specific 
projects. The requirements for successful FMR comments are specific in 
the subsequent section of this preamble, HUD Rental Housing Survey 
Guides, and are included in the preambles of the annual notices of 
proposed FMRs.
AHS and RDD Surveys
    In the August 15, 1995 (60 FR 42290), notice of proposed FMRs, 31 
FMR areas had FMRs proposed with reductions based on recent RDD or AHS 
surveys. Four of these areas subsequently submitted RDD surveys which 
indicated higher FMRs than the proposed levels. Revised FMRs, 
therefore, have been approved for the Boston, MA-NH; Oakland, CA; Santa 
Rosa, CA; and Washington, DC-MD-VA FMR areas. The survey submitted for 
the Dayton-Springfield, OH FMR area did not contain sufficient rental 
housing survey information to provide a basis for revising the FMRs. 
HUD did not receive any comments from the other 26 areas with proposed 
FMR reductions.
Manufactured Home Space FMRs
    HUD also received public comments and survey data from 7 FMR areas 
concerning the manufactured home space FMRs. As a result of a review of 
the data, increased FMRs have been approved for 4 of these areas and 
added to Schedule D. These 4 areas are: Vallejo-Fairfield-Napa, CA; 
Provo-Orem, UT; Benton County, OR; and Linn County, OR. The information 
submitted from the other 3 areas was not considered sufficient to 
provide a basis for revising the manufactured home space FMRs.
    Manufactured home space FMRs are 30 percent of the applicable 
Section 8 Rental Certificate Program two-bedroom FMR. HUD accepts 
public comments requesting modifications of manufactured home space 
FMRs. 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.
Virgin Islands
    After consultation with the Virgin Islands Housing Authority, HUD 
agreed to group the Virgin Islands into two areas for FMR calculation 
purposes. One area consists of the island of St. Croix and the other 
the islands of St. Johns and St. Thomas. The revised FMRs, based on the 
results of a PHA-supported RDD survey, are higher than the previous 
FMRs for St. Johns and St. Thomas and lower for St. Croix.
Puerto Rico
    RDD surveys were conducted for all seven Puerto Rico FMR areas 
during 1995. HUD's September 18, 1995 (60 FR 48278), Federal Register 
notice of final FMRs implemented increased FMRs for the Mayaguez and 
Aguadilla areas. FMRs for the other five Puerto Rico FMR areas, four of 
which had proposed FMR decreases, were held at their previous levels 
pending completion of the RDD surveys.
    The final FMRs based on the survey results for these five areas are 
as follows: the FMRs for San Juan and nonmetropolitan Puerto Rico are 
the same as last year's; the FMRs for Caguas are slightly lower than 
last year's; and the FMRs for Arecibo and Ponce are being implemented 
at the reduced proposed levels, although further reductions will be 
proposed next year for these two areas based on the still lower 
estimates determined from the RDD survey results.
HUD Rental Housing Survey Guides
    HUD recommends use of professionally-conducted 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-$12,000. 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 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 $5,000 or less.
    PHAs in nonmetropolitan areas, in certain circumstances, may do 
surveys of groups of counties. All grouped county surveys must be 
approved in advance by HUD. PHAs are cautioned that the resultant FMRs 
will not be identical for the counties surveyed; 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 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. The decennial Census should be used as a starting 
point and means of verification for determining whether the sample is 
representative of the FMR area's rental housing stock. All survey 
results must be fully documented.
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 

[[Page 6692]]
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.
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 not be 
codified in 24 CFR Part 888, are amended as follows:

    Dated: February 7, 1996.
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 seven large 
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 full definitions of these areas including the independent 
cities are as follows:

Virginia Nonmetropolitan County FMR Area and Virginia Independent Cities
                          Included With County                          
------------------------------------------------------------------------
                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 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 revised on the basis of public comments. Once approved, the 
revised manufactured home space FMRs establish new base-year estimates 
that will be 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. 96-3763 Filed 2-20-96; 8:45 am]
BILLING CODE 4210-32-C