[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50724-50783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25506]



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Part V





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Part 888



Fair Market Rents for the Section 8 Housing Assistance Payments 
Program, Fiscal Year 1998; Final Rule

  Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / 
Rules and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 888

[Docket No. FR-4232-N-02]


Fair Market Rents for the Section 8 Housing Assistance Payments 
Program--Fiscal Year 1998

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of Final Fiscal Year (FY) 1998 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 1998 FMRs for all areas. It 
includes increased FMRs for 16 areas that submitted public comments and 
for 3 areas as a result of HUD-contracted Random Digit Dialing (RDD) 
surveys conducted through August, 1997.
    Today's notice also makes effective FMR reductions for 20 areas 
that were proposed for reduction in the April 30, 1997 notice (62 FR 
23552), 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, 1997.

FOR FURTHER INFORMATION CONTACT: Gerald Benoit, Director, 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) 708-9426, Extension 328 (e-mail: [email protected]). 
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) 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 99 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.

State Minimum FMRs

    In response to public concern that FMRs in rural areas were too low 
to operate the program successfully, HUD implemented a minimum FMR 
policy starting with the FY 1996 FMRs. FMRs are now established at the 
higher of the local 40th percentile rent level 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 April 30, 1997 proposed FMRs, HUD received 
public comments covering 41 FMR areas. Rental housing survey 
information was provided for 26 of those FMR areas. All of the survey 
information submitted was evaluated and, based on that review, the FMRs 
for 16 areas are being revised. The information submitted for the other 
FMR areas was not considered sufficient to provide a basis for revising 
the FMRs. An RDD survey sponsored by local Public Housing Agencies 
(PHAs) for the Los Angeles FMR area found results that were the same as 
what had been proposed based on the HUD RDD survey.
    The 16 FMR areas with approved FMR revisions are as follows: Orange 
County and Stockton-Lodi, CA; Lafayette, LA; Addison, Bennington, 
Chittenden, Lamoille, Orange, Rutland, Washington, Windham, and Windsor 
Counties, VT; Burlington, VT; Berkeley, Morgan, and Jefferson Counties, 
WV.
    PHAs and other interested parties should be aware that FMR comments 
received too late for adjusting the current year's final FMRs will be 
held for use in the following year. In such cases HUD will trend the 
survey results to the date of the FMR estimate. 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 public comments.

AHS and RDD Surveys

    This notice makes effective the FMRs for 20 areas proposed with 
reductions based on recent RDD or AHS surveys. One of those areas, the 
Stockton-Lodi, CA MSA, submitted information that

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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 RDD surveys are:

1996 RDD:
    New Haven-Meriden, CT
    Des Moines, IA
    Pittsfield, MA
    Worcester, MA-CT
1997 RDD:
    Bakersfield, CA
    Los Angeles-Long Beach, CA
    Stockton-Lodi, CA
    Daytona Beach, FL
    Fort Myers-Cape Coral, FL
    Lakeland-Winter Haven, FL
    Melbourne-Titusville-Palm Bay, FL
    Brockton, MA
    Lawrence, MA-NH
    St Cloud, MN
    Salem, OR
    Harrisburg-Lebanon-Carlisle, PA
    Spokane, WA
    Tacoma, WA

    The areas with reductions based on AHS surveys are:

    Fort Lauderdale, FL
    Miami, FL.

    HUD is increasing FMRs for the following 3 areas, based on RDDs 
that were completed after the date of the proposed FMR notice:

    Detroit, MI
    Greensboro--Winston-Salem--High Point, NC
    Phoenix, AZ

Technical Correction: Des Moines, IA

    The final FMRs for the Des Moines, IA MSA have been revised 
slightly upward ($4 for 2-bedroom units) to correct an error that 
resulted from applying the wrong inflation factor to the June, 1996 RDD 
survey. The corrected FMRs are listed in Schedule B.

FMR Area Definition Changes

    In the April 30, 1997 publication of the proposed FY 1998 FMRs, HUD 
announced that it had reevaluated the definition of the Atlanta FMR 
area and proposed to add back Carroll, Pickens, and Walton Counties, 
which because of recent growth are now considered part of the housing 
market area. In addition, HUD announced that it was accepting the 
Office of Management and Budget's (OMB) expanded definition of the 
Jackson, TN metropolitan area as the revised FMR area. No comments were 
received concerning these proposed changes which, therefore, are being 
made effective with this publication.

Manufactured Home Space Surveys

    HUD received no public comments concerning the manufactured home 
space FMRs.
    FMRs for the rental of manufactured home spaces are 30 percent of 
the applicable Section 8 existing housing program FMR for two-bedroom 
unit. HUD accepts public comments requesting modifications of these 
FMRs where the 30 percent FMRs are thought to be inadequate. 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. HUD uses the 
same FMR area definitions for manufactured home space rental as for the 
Section 8 existing housing FMRs shown in Schedule B. 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 Section 8 existing housing 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.'' These guides are also available on the Internet 
at http://www.huduser.org/publications/publicassist/assisted/
rddlrge3.zip and .../rddsmall.exe, respectively.
    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 and hereby waives the regulatory 
requirements that govern requests for geographic area exception rents 
for areas that are declared disaster areas by the Federal Emergency 
Management Agency (FEMA). HUD is prepared to grant disaster-related 
exceptions up to 10 percent above the applicable FMRs for those areas. 
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

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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 
exception rents must be requested in writing by the responsible PHAs. 
Exception rents approved by HUD during FY 1998 will remain in effect 
until superseded by the publication of the final FY 2000 FMRs.

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.

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).

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

    Dated: September 16, 1997.
Andrew M. Cuomo,
Secretary.

Fair Market Rents for the Section 8 Housing Assistance Payments 
Program

Schedules B and D--General Explanatory Notes

1. Geographic Coverage
    a. Metropolitan Areas--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. The FMRs shown in Schedule B incorporate OMB's 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.
    b. Exceptions to OMB Definitions--The exceptions are counties 
deleted from several large metropolitan areas whose revised OMB 
metropolitan area 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

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. Nonmetropolitan Area FMRs--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. Virginia Independent Cities--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 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 Manufactured Home Spaces--FMRs for Section 8 
manufactured home spaces are established at 30 percent of the two-
bedroom Section 8 existing housing program FMRs, with the exception of 
the areas listed in Schedule D whose FMRs have been modified 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 Section 8 existing 
housing FMRs. The FMR area definitions used for the rental of 
manufactured home spaces are the same as the area definitions used for 
the Section 8 existing FMRs.
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.

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    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.
[FR Doc. 97-25506 Filed 9-25-97; 8:45 am]
BILLING CODE 4210-32-P 

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[FR Doc. 97-25506 Filed 9-25-97; 8:45 am]
BILLING CODE 4210-32-C