[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Rules and Regulations]
[Page 16172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9068]




[[Page 16171]]

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Part II





Department of Housing and Urban Development





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24 CFR Part 215, et al.



Office of the Secretary; Combined Income and Rent; Extension of 
Effective Period of Interim Regulatory Provisions; Final Rule

  Federal Register / Vol. 61, No. 71 / Thursday, April 11, 1996 / Rules 
and Regulations  

[[Page 16172]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 215, 236, 813, 913, and 950

[Docket No. FR-3324-N-02]


Office of the Secretary; Combined Income and Rent; Extension of 
Effective Period of Interim Regulatory Provisions

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of extension of interim regulatory provisions.

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SUMMARY: On April 5, 1995 (60 FR 17388), HUD published an interim rule 
amending its regulations governing public housing, Indian housing, and 
assisted housing programs by adding nine exclusions to the definition 
of annual income. The April 5, 1995 interim rule contains a ``sunset 
provision'' which provides that the interim rule will expire on May 6, 
1996, unless prior to that date HUD publishes a Federal Register notice 
extending the rule's effective period. This notice extends the 
effective period of the April 5, 1995 interim rule to such time that a 
final rule is issued and becomes effective.

EFFECTIVE DATE: The effective date of the following provisions remains 
in effect until the date the final rule becomes effective: Sec. 215.21 
(c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11) through (c)(15); 
Sec. 236.3 (c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11) through 
(c)(15); Sec. 813.106 (c)(2), (c)(6), (c)(8) (iv) through (v), (c)(11), 
(c)(12), (c)(14), and (c)(15); Sec. 913.106 (c)(2), (c)(6), (c)(8) (iv) 
through (v), (c)(11), (c)(12), (c)(15), and (c)(16); and Sec. 950.102 
(2)(ii), (2)(vi), (2)(viii) (D) through (E), (2)(xi), (2)(xii), 
(2)(xv), and (2)(xvi) of the definition of Annual income.

FOR FURTHER INFORMATION CONTACT:
For Public Housing: Bruce Vincent, Room 4206, telephone number (202) 
708-0744; for Native American Programs: Dominic A. Nessi, Room P8204, 
telephone number (202) 755-0032; for Housing: Barbara D. Hunter, Room 
6182, telephone number (202) 708-3944; Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410. Hearing or 
speech-impaired individuals may access these numbers by calling the 
Federal Information Relay Service at 1-800-877-8339. (Except for the 
``800'' number, these telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: On April 5, 1995 (60 FR 17388), HUD 
published for public comment an interim rule amending HUD's regulations 
governing public housing, Indian housing, Section 8 housing, and other 
assisted housing programs by adding nine exclusions to the definition 
of annual income. Specifically, the interim rule excludes from annual 
income the following: (1) Residential service stipends; (2) adoption 
assistance payments; (3) student financial assistance; (4) earned 
income of full-time students; (5) adult foster care payments; (6) 
compensation from State or local job training programs and training of 
resident management staff; (7) property tax rebates; (8) homecare 
payments for developmentally disabled children or adult family members; 
and (9) deferred periodic payments of supplemental security income and 
social security benefits that are received in a lump sum.
    With regard to the first eight exclusions to the definition of 
income, the Secretary is merely exercising the discretion conferred 
upon him to define family income by section 3(b)(4) of the U.S. Housing 
Act of 1937 (42 U.S.C. 1437a(b)(4)), section 101(c)(2) of the Housing 
and Urban Development Act of 1965 (12 U.S.C. 1701s(c)(2)), and section 
236(m) of the National Housing Act (12 U.S.C. 1715z-1(m)). HUD believes 
these exclusions are essential for achieving its goals of ensuring 
economic opportunity, empowering the poor and expanding affordable 
housing opportunities.
    The ninth exclusion to the definition of annual income is 
statutorily mandated. Section 103(a)(1) of the Housing and Community 
Development Act of 1992 (Pub. L. 102-550, approved October 28, 1993) 
amended section 3(b)(4) of the U.S. Housing Act of 1937 to exclude from 
annual income, ``any amounts which would be eligible for exclusion 
under section 1613(a)(7) of the Social Security Act (42 U.S.C. 
1382b(a)(7).'' Section 1613(a)(7) of the Social Security Act covers 
deferred periodic payments received in a lump sum from supplemental 
security income (SSI) and social security benefits.
    Among other parts, the April 5, 1995 interim rule amended part 905. 
On April 10, 1995 (60 FR 18174), the Department published a final rule 
amending the Indian Housing consolidated regulations and moving these 
regulations from part 905 to a new part 950. On July 18, 1995 (60 FR 
36666), the Department published a final rule amending part 950 to 
incorporate the revisions made by the April 5, 1995 Combined Income and 
Rent interim rule.
    It is HUD's policy to establish a ``sunset date'' for its interim 
rules. Accordingly, the April 5, 1995 interim rule and the July 18, 
1995 final rule contain ``sunset provisions'' which provide that the 
interim and final rules will expire on May 6, 1996, unless prior to 
that date HUD publishes a rule finalizing the amendments made by the 
April 5, 1995 and July 18, 1995 rules or a notice extending their 
effective period.
    The final rule adopting the amendments made by the April 5, 1995 
and July 18, 1995 rules is in its final stages of development. However, 
in order to prevent a period in which HUD will be without effective 
regulations, HUD is extending the effective period of these amendments 
until the final rule is published and becomes effective.
    For the reasons described above, the following provisions of title 
24 of the Code of Federal Regulations will remain in effect until the 
date the final rule adopting these regulatory provisions, with or 
without changes, is published and becomes effective:


Sec. 215.21  [Amended]

    1. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11) 
through (c)(15) of Sec. 215.21;


Sec. 236.3  [Amended]

    2. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), and (c)(11) 
through (c)(15) of Sec. 236.3;


Sec. 813.106  [Amended]

    3. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), (c)(11), 
(c)(12), (c)(14), and (c)(15) of Sec. 813.106;


Sec. 913.106  [Amended]

    4. Paragraphs (c)(2), (c)(6), (c)(8) (iv) through (v), (c)(11), 
(c)(12), (c)(15), and (c)(16) of Sec. 913.106; and


Sec. 950.102  [Amended]

    5. Paragraphs (2)(ii), (2)(vi), (2)(viii) (D) through (E), (2)(xi), 
(2)(xii), (2)(xv), and (2)(xvi) of the definition of Annual income in 
Sec. 950.102.

    Dated: March 25, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-9068 Filed 4-10-96; 8:45 am]
BILLING CODE 4210-32-P