[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Rules and Regulations]
[Pages 27162-27163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13240]
[[Page 27161]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Parts 982 and 983
Section 8 Tenant-Based Programs: Technical Amendments; Final Rule
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules
and Regulations
[[Page 27162]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 982 and 983
[Docket No. FR-4055-F-01]
RIN 2577-AB64
Office of the Assistant Secretary for Public and Indian Housing;
Section 8 Tenant-Based Programs: Technical Amendments
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule; technical amendments.
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SUMMARY: The purpose of this document is to make technical amendments
to the final rule governing the tenant-based rental certificate and
voucher programs. These technical amendments are necessary to add
provisions that were inadvertently omitted from one section of the
earlier final rule, and to clarify the original intent of certain other
provisions. These amendments have the effect of clarifying the
regulations for these programs.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Madeline Hastings, Associate Deputy
Assistant Secretary for the Office of Public and Assisted Housing
Operations, Room 4204, Department of Housing and Urban Development, 451
Seventh Street SW., Washington, DC 20410-7000, telephone (202) 708-1842
(voice) [not a toll-free telephone number]. Hearing or speech-impaired
individuals may access that office by text telephone by dialing 1-800-
877-8339 to use the Federal Information Relay Service. Copies of this
document will be made available on tape or large print for those with
impaired vision that request them. They may be obtained at the above
address.
SUPPLEMENTARY INFORMATION:
I. Background
A. History of Rule
There were two principal rules issued concerning the Section 8
Certificate and Voucher programs in the last two years: The rule
governing admission requirements, establishing subparts A and E,
published on July 18, 1994 (59 FR 36662) and the rule fleshing out part
982 by establishing subparts B-D and G-L, published on July 3, 1995 (60
FR 34660). Since their publication, it has come to the attention of the
Department that several changes that had been intended to be included
in these rules were omitted. These changes are being made in this final
rule.
B. Changes to Rule
Section 982.54, dealing with the administrative plan, is modified
to add provisions to the administrative plan that were inadvertently
omitted in the final rule. While these policies are clearly stated in
other sections of the final regulations, these are policies on matters
for which the HA has discretion to establish local policies and,
therefore, must be included in the administrative plan.
Language in Secs. 982.158, 982.202, 982.205, 982.301, 982.307,
982.353, 982.355, 982.401, 982.451, and 982.551 is revised to clarify
original intent. In addition, a new paragraph (e)(4) is added to
Sec. 982.355 to provide that the administrative fee may be reduced as a
sanction for noncompliance with portability requirements, consistent
with the regulatory sanction for noncompliance with other HA program
responsibilities.
The only change to part 983 is to correct a typographical error
found in Sec. 983.203.
II. Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if the agency finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). HUD finds that good cause exists
to publish this rule for effect without first soliciting public
comment. HUD believes that it is unnecessary and contrary to the public
interest to delay the effectiveness of the rule for public comment,
since the rule merely makes technical and clarifying changes.
III. Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities (or any other entities), since
it merely makes technical amendments.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
was 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) with respect to the original Part 982 issued in
1994. 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.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will 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, since it only makes technical
amendments.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will 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.
List of Subjects
24 CFR Part 982
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
24 CFR Part 983
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
Catalog
The catalog of Federal Domestic Assistance numbers for the programs
affected by this rule are 14.855 (Vouchers), 14.856 (Moderate
Rehabilitation), and 14.857 (Certificates).
Accordingly, parts 982 and 983 of title 24 of the Code of Federal
Regulations, are amended as follows:
[[Page 27163]]
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM
1-3. The authority citation for part 982 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
Sec. 982.54 [Amended]
4. Section 982.54(d) is amended as follows:
a. By adding to paragraph (d)(1) after the word ``preferences'' the
phrase ``(see Secs. 982.202(b)(2) and 982.208(b)), procedures for
removing applicant names from the waiting list,''.
b. By removing from paragraph (d)(15) the word ``and'' after the
semicolon;
c. By removing from paragraph (d)(16) the period at the end of the
sentence and adding in its place a semicolon; and
d. By adding new paragraphs (d)(17), (d)(18) and (d)(19), to read
as follows:
Sec. 982.54 Administrative plan.
* * * * *
(d) * * *
(17) Interim redeterminations of family income and composition;
(18) Restrictions, if any, on the number of moves by a participant
family (see Sec. 982.314(c)); and
(19) Approval by the Board of Commissioners or other authorized
officials to charge the administrative fee reserve.
* * * * *
5. In Sec. 982.158, paragraph (d) is revised to read as follows:
Sec. 982.158 Program accounts and records.
* * * * *
(d) The HA must prepare a unit inspection report.
* * * * *
Sec. 982.202 [Amended]
6. In Sec. 982.202, the heading of paragraph (a) is revised to read
``Waiting list admissions and special admissions.''
7. In Sec. 982.202, the second sentence of paragraph (b)(2) is
revised to read as follows:
Sec. 982.202 How applicants are selected: General requirements.
* * * * *
(b) * * *
(2) * * * However, the HA may target assistance for families who
live in public housing or other federally assisted housing, or may
adopt a HUD-approved residency preference (see Sec. 982.208).
* * * * *
8. In Sec. 982.205, the section heading and paragraph (a)(1) are
revised to read as follows:
Sec. 982.205 Waiting list: Single list; area covered.
(a) * * *
(1) An HA must use a single waiting list for admissions to its
tenant-based certificate and voucher programs. The HA may use a
separate waiting list for such admissions for an area not smaller than
a county or municipality.
* * * * *
Sec. 982.301 [Amended]
9. In Sec. 982.301, paragraph (b) is amended as follows:
a. Paragraph (b)(4) is removed and the remaining paragraphs are
redesignated (b)(4) through (b)(16); and
b. In redesignated paragraph (b)(10), the word ``HUD'' is removed
and the word ``HUD-required'' is added in its place.
Sec. 982.307 [Amended]
10. In Sec. 982.307, paragraph (b)(1)(i) is amended by adding ``and
prior'' after the word ``current''.
Sec. 982.353 [Amended]
11. In Sec. 982.353(b), the first sentence is amended by removing
the reference to ``paragraph (c)'' and adding in its place a reference
to ``paragraph (c) or (d)''.
12. Section 982.355 is amended as follows:
a. Paragraph (b)(2) is revised;
b. A new paragraph (b)(3) is added;
c. A new sentence is added at the end of paragraph (e)(3);
d. The third sentence of paragraph (e)(5) is removed; and
e. Paragraph (e)(4) is revised, to read as follows:
Sec. 982.355 Portability: Administration by receiving HA.
* * * * *
(b) * * *
(2) If the family was receiving assistance under the initial HA
certificate program, but is ineligible for admission to the voucher
program, a receiving HA must provide continued assistance under the
certificate program. If the family was receiving assistance under the
initial HA voucher program, but is ineligible for admission to the
certificate program, a receiving HA must provide continued assistance
under the voucher program.
(3) If a receiving HA is absorbing the family into its own program
(i.e., providing assistance without billing the initial HA), the
receiving HA has the choice of assisting the family under either the
certificate or voucher program. If a receiving HA is not absorbing the
family into its own program, the receiving HA must assist the family
under the same program (certificate program or voucher program) as the
initial HA.
* * * * *
(e) * * *
(3) * * * If both HAs agree, the HAs may negotiate a different
amount of reimbursement.
(4) HUD may reduce the administrative fee to an initial or
receiving HA if the HA does not comply with HUD portability
requirements.
* * * * *
13. In Sec. 982.401, paragraph (j)(3)(iv)(B) is revised to read as
follows:
Sec. 982.401 Housing quality standards (HQS).
* * * * *
(j) * * *
(3) * * *
(iv) * * *
(B) The entrance and hallway providing access to a unit in a multi-
unit building; and
* * * * *
Sec. 982.451 [Amended]
14. In Sec. 982.451, the third sentence of paragraph (c)(5) is
amended by adding ``another source is'' after the word ``unless''.
15. In Sec. 982.551, paragraph (h)(2) is amended by adding a
sentence at the end to read as follows:
Sec. 982.551 Obligations of participant.
* * * * *
(h) * * *
(2) * * * No other person [i.e., nobody but members of the assisted
family] may reside in the unit (except for a foster child or live-in
aide as provided in paragraph (h)(4) of this section).
PART 983--SECTION 8 PROJECT-BASED CERTIFICATE PROGRAM
16. The authority citation for part 983 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
Sec. 983.203 [Amended]
17. In Sec. 983.203(a)(5), the word ``Has'' is removed and the word
``HAs'' is added in its place.
Dated: May 10, 1996.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-13240 Filed 5-29-96; 8:45 am]
BILLING CODE 4210-33-P