[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Rules and Regulations]
[Pages 49576-49635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24068]


      

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_______________________________________________________________________

Part IV





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 1997; Final Rule

  Federal Register / Vol. 61, No. 184 / Friday, September 20, 1996 / 
Rules and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 888

[Docket No. FR-4134-N-01]


Fair Market Rents for the Section 8 Housing Assistance Payments 
Program--Fiscal Year 1997

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of final Fiscal Year (FY) 1997 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.
    Today's notice provides final FY 1997 FMRs for all areas. It 
includes increased FMRs for 21 areas as a result of HUD-contracted 
Random Digit Dialing (RDD) surveys conducted through August, 1996. It 
also includes increased FMRs in 8 areas that submitted public comments, 
plus 4 areas that submitted manufactured home space rent comments.
    Today's notice also makes effective FMR reductions for 9 areas that 
were proposed for reduction in the May 8, 1996 notice (61 FR 20982), 
based on the results of recent RDD and American Housing Surveys (AHSs).

EFFECTIVE DATE: The FMRs published in this notice are effective on 
October 1, 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 Alan Fox, Economic and 
Market Analysis Division, Office of Economic Affairs, telephone (202) 
708-0590, Extension 328. Hearing- or speech-impaired persons may 
contact the Federal Information Relay Service at 1-800-877-8339 (TTY). 
(Other than the ``800'' TTY 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: 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 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 concerns that FMRs in rural 
areas were too low to operate the program successfully. As a result, 
FMRs are established at the higher of the local FMR or the Statewide 
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 May 8, 1996 proposed FMRs, HUD received 53 
public comments covering 37 FMR areas. Rental housing survey 
information was provided for 20 of the FMR areas covered by comments, 
including the 4 requests for manufactured home space rent changes only. 
HUD carefully evaluated all of the survey data submitted and, based on 
that review, is revising the FMRs for 12 of the 20 areas. The 
information submitted for the other 17 FMR areas that did not submit 
rental housing surveys was not considered sufficient to provide a basis 
for revising the FMRs.
    The 8 FMR areas with approved FMR revisions are as follows:

Dover, DE MSA
Sussex County, DE
Reno, NV MSA
Preble County, OH
Box Elder County, UT
Cache County, UT
Iron County, UT
Fond du Lac County, WI

    The 4 manufactured home space survey areas with approved revisions 
are:

Mendocino County, CA
Rochester, NY MSA
Utica-Rome, NY MSA
Portland-Vancouver, OR-WA MSA

    PHAs and other interested parties should be aware that FMR comments

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may be sent to HUD at any time during the year, not just during the 60-
day comment period. Comments received too late for adjusting the 
current year's Final FMRs will be held for use in the following year, 
in which case HUD will trend the survey results to the date of the FMR 
estimate using its standard trending factor. If the PHA is concerned 
that rents are changing rapidly, surveys should be timed to be received 
as close as possible to HUD's deadline for processing, which is usually 
around July 30.

AHS and RDD Surveys

    This notice makes effective the FMRs for 9 areas proposed with 
reductions based on recent RDD or AHS surveys. One of these areas, the 
Portland, ME MSA, submitted information that caused HUD to reduce the 
FMRs less than had been proposed. For the other areas, the lower 
proposed FMRs are, by this notice, being made final. FMR areas with 
reductions based on AHS surveys are Orange County, CA PMSA, and 
Riverside-San Bernardino, CA PMSA. The areas with reductions based on 
RDD surveys include: Danbury, CT PMSA, Portland, ME MSA (see note, 
above), Portsmouth-Rochester, NH-ME PMSA, and Aguadilla, PR MSA, 
Arecibo, PR PMSA, Ponce, PR MSA, and Nonmetropolitan Puerto Rico.
    In addition, by this notice HUD is increasing FMRs for the 
following 21 areas, based on RDDs that were completed after the date of 
the proposed FMR notice; they are:

Abilene, TX MSA
Bloomington-Normal, IL MSA
Boston, MA-NH PMSA
Charlottesville, VA MSA
Fayetteville-Springdale-Rogers, AR MSA
Gary, IN PMSA
Greenville, NC MSA
Huntington-Ashland, WV-KY-OH MSA
Iowa City, IA MSA
Kokomo, IN MSA
Lafayette, IN MSA
Lansing-East Lansing, MI MSA
Nashville, TN MSA
Richmond-Petersburg, VA MSA
Sioux City, IA-NE MSA
Springfield, MA MSA
Hall County, NE
Grant County, NM
Luna County, NM
Knox County, OH
Pike County, OH

FMR Area Definition Change

    The May 8, 1996 publication invited comments on HUD's proposal to 
include St. Landry and St. Martin Parishes with the Lafayette, LA FMR 
area, in accordance with OMB's practice. No comments were received on 
this proposed change, and therefore the proposal is being put into 
effect.

Manufactured Home Space Surveys

    HUD also received public comments and survey data from 4 FMR areas 
concerning the manufactured home space FMRs. As a result of a review of 
the data, increased FMRs have been approved for Portland-Vancouver, OR-
WA MSA, Rochester, NY MSA, Utica-Rome, NY MSA, and Mendocino County, 
CA.
    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. However, the sampling requirements for manufactured 
home space rent surveys are easier to meet than for regular FMR 
comments, and interested parties should contact HUD for suggestions. 
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.

HUD Rental Housing Survey Guides

    HUD recommends the 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 about $5,000.
    PHAs in nonmetropolitan areas may, in certain circumstances, do 
surveys of groups of counties. All grouped county surveys must be 
approved in advance by HUD. PHAs are cautioned that the resulting 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.
    The cost of an RDD survey may vary, depending on the 
characteristics of the telephone system used in the FMR area. RDDs (and 
simplified telephone surveys) of some non-metropolitan areas have been 
unusually expensive because of telephone system characteristics. A PHA 
or PHA contractor that cannot obtain the recommended number of sample 
responses after reasonable efforts should consult with HUD before 
abandoning its survey; in such situations HUD is prepared to relax 
normal sample size requirements.

FMRs for Federal Disaster Areas

    Under the authority granted in 24 CFR part 899, the Secretary of 
HUD 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 1997. HUD field offices are authorized to approve exceptions up to 
10 percent above the applicable FMRs for: (1) Single-county

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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 1999 FMRs.

Puerto Rico FMRs

    The May 8, 1996 notice proposed 4 areas in Puerto Rico for 
reductions, based on RDD surveys begun in 1995 and completed in 1996. 
HUD has received several written comments on those proposed reductions, 
but no survey data with which to adjust them. Having received no 
comments with valid survey data, FMRs for the following areas are being 
made final: the Aguadilla, Arecibo, and Ponce MSAs, and the 
nonmetropolitan parts of Puerto Rico.

Technical Correction: Santa Rosa, CA

    In the May 8, 1996 notice of proposed FMRs, the full schedule for 
the Santa Rosa, CA PMSA was wrong, although the 2 bedroom figure was 
correct. The corrected final FMRs for FY 1997 are listed in Schedule B.

Other Matters

Environmental Impact

    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).

Regulatory Flexibility Act

    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.

Impact on the Family

    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.

Federalism Impact

    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).

    Dated: September 13, 1996.
Henry G. Cisneros,
Secretary.

    Accordingly, the Fair Market Rent Schedules, which will not be 
codified in 24 CFR Part 888, are amended as follows:

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.
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

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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. 96-24068 Filed 9-19-96; 8:45 am]
BILLING CODE 4210-32-C