[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 42130-42131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20533]


      

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Part III





Department of Housing and Urban Development





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24 CFR Part 982



Technical Amendments to the Section 8 Certificate and Voucher 
Conforming Rule

  Federal Register / Vol. 61, No. 157 / Tuesday, August 13, 1996 / 
Rules and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 982

[Docket No. FR-4119-F-01]


Office of the Assistant Secretary for Public and Indian Housing; 
Technical Amendment to the Section 8 Certificate and Voucher Conforming 
Rule

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Final rule.

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SUMMARY: On July 3, 1995 (60 FR 34660), HUD published a final rule 
combining and conforming the rules for tenant-based rental assistance 
under the Section 8 Rental Certificate and Rental Voucher Programs (24 
CFR part 982). This final rule amends part 982 to provide that HUD may 
restrict a family's right to lease any unit within the initial Housing 
Agency's jurisdiction if HUD determines the limitations on a family's 
opportunity to select among available units in that jurisdiction are 
appropriate to achieve desegregation goals in accordance with 
obligations generated by a court order or consent decree. The purpose 
of this rule is to remove any regulatory barrier that may hinder 
judicial efforts to address discriminatory racial or economic 
concentrations.

EFFECTIVE DATE: September 12, 1996.

FOR FURTHER INFORMATION CONTACT: Madeline Hastings, Deputy Director, 
Office of Public and Assisted Housing Operations, Office of Public and 
Indian Housing, Room 4226, Department of Housing and Urban Development, 
451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-2841. 
(This is not a toll-free number.) Hearing- or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:

I. Background

    On July 3, 1995 (60 FR 34660), HUD published a final rule which 
combined and conformed the rules for tenant-based Section 8 rental 
assistance under the Section 8 Certificate and Voucher Rental Programs 
(42 U.S.C. 1437f). The final rule also amended the requirements for 
project-based assistance under the Section 8 Rental Certificate 
Program.
    The July 3, 1995 final rule added a new Sec. 982.353, which 
describes where a family can lease a unit with tenant-based assistance. 
Paragraph (a) of Sec. 982.353 states that a family ``may receive 
tenant-based assistance to lease a unit located anywhere'' in the 
Housing Agency's (HA's) jurisdiction. Further, 24 CFR 982.353(f) 
provides that, except under specified circumstances, the HA ``may not 
directly or indirectly reduce the family's opportunity to select among 
available units.'' Nevertheless, courts have entered, and may enter in 
the future, orders which would require HUD and HAs to limit where 
tenant-based assistance may be used within the HA's jurisdiction. For 
example, a court may issue such an order to remedy racial or economic 
concentrations resulting from discriminatory housing practices. HUD is 
concerned that in such circumstances Sec. 982.353 might conflict with 
the court mandate.
    This final rule amends Sec. 982.353 to provide that HUD may 
restrict a family's right to lease any unit within the initial HA's 
jurisdiction if HUD determines the limitations on a family's 
opportunity to select among available units in that jurisdiction are 
appropriate to achieve desegregation goals in accordance with 
obligations generated by a court order or consent decree. This rule 
only amends paragraphs (a) and (f) of Sec. 982.353, which concern 
tenant-based assistance within the jurisdiction of the original HA. 
This rule does not revise the portability procedures set forth at 24 
CFR 982.353(b). This final rule, therefore, does not authorize limiting 
the residential choice of a family renting outside the jurisdiction of 
the initial HA.

II. Justification for Final Rulemaking

    It is HUD's policy to publish rules for public comment before their 
issuance for effect, in accordance with its own regulations on 
rulemaking found at 24 CFR part 10. However, part 10 provides that 
prior public procedure will be omitted if HUD determines that it is 
``impracticable, unnecessary, or contrary to the public interest'' (24 
CFR 10.1). HUD finds that in this case prior comment is unnecessary. 
This final rule amends Sec. 982.353 to remove any potential conflict 
between the current regulatory language and judicial efforts to address 
discriminatory racial or economic concentrations. Since the amendment 
made by this final rule would apply solely to HAs operating under the 
terms of a court order or consent decree, and therefore not involve all 
housing authorities and participants in the Section 8 Rental 
Certificate and Voucher Programs prior public comment is unnecessary.

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 final rule, and in so 
doing certifies that this rule will not have a significant economic 
impact on a substantial number of small entities. This final rule 
amends Sec. 982.353 to eliminate any possible conflict between the 
existing regulatory language and judicial desegregation goals, and is 
limited to housing authorities operating under court orders or consent 
decrees that address such goals. The rule will have no adverse or 
disproportionate economic impact on small entities.

Environmental Impact

    A Finding of No Significant Impact (FONSI) 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) at the time of development of the 
July 3, 1995 final rule. That finding remains applicable to this rule 
which merely makes a technical amendment to the July 3, 1995 final 
rule. The FONSI 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. This purpose of this rule is to 
address any possible conflict between HUD's regulation at Sec. 982.353 
and judicial efforts to remedy discriminatory racial or economic 
concentrations. This rule will assist to facilitate the actions of 
courts, and will not affect the relationship between the Federal 
Government and State and local governments.

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

[[Page 42131]]

general well-being, and thus is not subject to review under the Order. 
This rule removes any potential conflict between 24 CFR 982.353 and 
nondiscrimination obligations generated by a court order or consent 
decree. No significant change in existing HUD policies or programs will 
result from promulgation of this rule.

List of Subjects in 24 CFR Part 982

    Grant programs--housing and community development, Housing, Rent 
subsidies, Reporting and recordkeeping requirements.

    Accordingly, 24 CFR part 982 is amended as follows:

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. The authority citation for 24 CFR part 982 continues to read as 
follows:

    Authority: 42 U.S.C. 1437f and 3535(d).

    2. Section 982.353 is amended by revising paragraphs (a) and (f) to 
read as follows:


Sec. 982.353  Where family can lease a unit with tenant-based 
assistance.

    (a) Assistance in the initial HA jurisdiction. The family may 
receive tenant-based assistance to lease a unit located anywhere in the 
jurisdiction (as determined by State and local law) of the initial HA. 
HUD may nevertheless restrict the family's right to lease such a unit 
anywhere in such jurisdiction if HUD determines that limitations on a 
family's opportunity to select among available units in that 
jurisdiction are appropriate to achieve desegregation goals in 
accordance with obligations generated by a court order or consent 
decree.
* * * * *
    (f) Freedom of choice. The HA may not directly or indirectly reduce 
the family's opportunity to select among available units except as 
provided in paragraph (a) of this section, or elsewhere in this part 
982 (e.g. prohibition on use of ineligible housing, housing not meeting 
HQS, or housing for which the contract rent (certificate program) or 
rent to owner (voucher program) exceeds a reasonable rent).

    Dated: August 6, 1996.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-20533 Filed 8-12-96; 8:45 am]
BILLING CODE 4210-33-P