[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Proposed Rules]
[Pages 24846-24905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11853]



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Part II





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Part 888



Fair Market Rents for the Section 8 Housing Assistance Payments 
Program--Fiscal Year 1999; Proposed Rule

  Federal Register / Vol. 63, No. 86 / Tuesday, May 5, 1998 / Proposed 
Rules  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 888

[Docket No. FR-4362-N-01]


Fair Market Rents for the Section 8 Housing Assistance Payments 
Program--Fiscal Year 1999

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of proposed fiscal year (FY) 1999 Fair Market Rents 
(FMRs).

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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 proposes revised FMRs that reflect estimated 40th 
percentile rent levels trended to April 1, 1999.

DATES: Comments due date: July 6, 1998.

ADDRESSES: Interested persons are invited to submit comments regarding 
HUD's estimates of the FMRs as published in this Notice to the Office 
of the General Counsel, Rules Docket Clerk, Room 10276, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410. Communications should refer to the above docket number and title 
and should contain the information specified in the ``Request for 
Comments'' section. To ensure that the information is fully considered 
by all of the reviewers, each commenter is requested to submit two 
copies of its comments, one to the Rules Docket Clerk and the other to 
the Economic and Market Analysis Staff in the appropriate HUD Field 
Office. A copy of each communication submitted will be available for 
public inspection and copying during regular business hours (7:30 a.m.-
5:30 p.m. Eastern Time) at the above address.

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 5863 (e-mail: alan--[email protected].). 
Hearing- or speech-impaired persons may use the Telecommunications 
Devices for the Deaf (TTY) by contacting the Federal Information Relay 
Service at 1-800-877-8339. (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.

Publication of FMRs

    Section 8(c) of the Act requires the Secretary of HUD to publish 
FMRs periodically, but not less frequently than annually. The 
Department's regulations provide that HUD will develop FMRs by 
publishing proposed FMRs for public comment and, after evaluating the 
public comments, publish the final FMRs (see 24 CFR 888.115). Schedule 
B of the proposed FY 1999 FMR schedules at the end of this document 
lists the FMR levels for Section 8 existing housing. Schedule D lists 
FMRs for the rental of manufactured home spaces in the Section 8 
certificate program in areas where modifications based on public 
comments have been approved for FMRs greater than 30 percent of the 2-
bedroom FMR.

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 
the 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

    FMRs are 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.

Bedroom Size Adjustments

    FMRs have been calculated separately for each bedroom size 
category. For areas whose FMRs are based on the State minimums, the 
rents for each bedroom size are the higher of the rent for the area or 
the Statewide average of nonmetropolitan counties for that bedroom 
size. For all other FMR areas, the bedroom intervals are based on data

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for the specific area. Exceptions have been made for some areas with 
local bedroom size rent intervals below an acceptable range. For those 
areas the intervals selected were the minimums determined after 
outliers had been excluded from the distribution of bedroom intervals 
for all metropolitan areas. Higher ratios continue to be used for 
three-bedroom and larger size units than would result from using the 
actual market relationships. This is done to assist the largest, most 
difficult to house families in finding program-eligible units. The FMRs 
for unit sizes larger than 4 bedroom are calculated by adding 15 
percent to the 4 bedroom FMR for each extra bedroom. For example, the 
FMR for a 5 bedroom unit is 1.15 times the 4 bedroom FMR, and the FMR 
for a 6 bedroom unit is 1.30 times the 4 bedroom FMR. FMRs for single-
room-occupancy (SRO) units are 0.75 times the 0 bedroom FMR.

RDD Surveys

    RDD surveys are used to obtain statistically-reliable FMR estimates 
for selected FMR areas. This survey technique involves drawing random 
samples of renter units occupied by recent movers. RDD surveys exclude 
public housing units, units built in the past two years, seasonal 
units, non-cash rental units, and those owned by relatives. A HUD 
analysis has shown that the slight downward RDD survey bias caused by 
including some rental units that are in substandard condition is almost 
exactly offset by the slight upward bias that results from surveying 
only units with telephones.
    Approximately 8,000-12,000 telephone numbers need to be contacted 
to achieve the target survey sample level of 200 eligible recent mover 
responses. 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 estimates are within 5 percent of the 
actual value.
    Today's notice proposes FMRs based on RDD surveys conducted in 
late-1997 and early-1998 for the following areas:
Proposed FMR Increase Above Normal Update Factor
Early-1998 RDD:
    San Francisco, CA
    San Jose, CA
    Fulton County, IL
    Champaign-Urbana, IL
    Evansville-Henderson, IN-KY
    Finney County, KS
    Ford County, KS
    Grant County, KS
    Seward County, KS
    Goodhue County, MN
    Kandiyohi County, MN
    McLeod County, MN
    Meeker County, MN
    Wabasha County, MN
    Winona County, MN
    Asheville, NC
    Omaha, NE-IA
    Dayton-Springfield, OH
    Salt Lake City-Ogden, UT
    Green Bay, WI
    Morgan County, WV
    Raleigh County, WV
    Berkeley County, WV
    Charleston, WV
    Jefferson County, WV
Proposed FMR Decrease
Late-1997 RDD:
    Chicago, IL
    Bergen-Passaic, NJ
    Newark, NJ
    Buffalo-Niagara Falls, NY
Early-1998 RDD:
    Fresno, CA
    Santa Cruz-Watsonville, CA
    Bridgeport, CT
    Honolulu, HI
    Jersey City, NJ
    Newburgh, NY-PA
    McAllen-Edinburg-Mission, TX
Proposed FMR Increase by Normal Update Factor
Late-1997 RDD:
    Riverside-San Bernardino, CA
    San Diego, CA
    Louisville, KY-IN
    Monmouth-Ocean, NJ
    Syracuse, NY
    Philadelphia, PA-NJ
    Milwaukee-Waukesha, WI
Early-1998 RDD:
    Oakland, CA
    Vallejo-Fairfield-Napa, CA
    Ventura, CA
    Sarasota-Bradenton, FL
    West Palm Beach-Boca Raton, FL
    Boise City, ID
    Mason County, IL
    South Bend, IN
    Stevens County, KS
    Albany-Schenectady-Troy, NY
    Hamilton-Middletown, OH
    Tulsa, OK
    Eugene-Springfield, OR
    Bryan-College Station, TX

AHS Areas

    AHSs cover the largest metropolitan areas on a four-year cycle. The 
40th percentile rents for these areas are calculated from the 
distributions of two-bedroom units occupied by recent movers. Public 
housing units, newly constructed units, and units that fail a housing 
quality test are excluded from the rental housing distributions before 
the FMRs are calculated. The proposed FY 1999 FMRs incorporate the 
results of the 1996 AHSs, as follows:
Proposed FMR Increase Above Normal Update Factor
    Cleveland-Lorain-Elyria, OH
    Oklahoma City, OK
    Memphis, TN-AR-MS
Proposed FMR Decrease
    Sacramento, CA
Proposed FMR Increase by Normal Update Factor
    Hartford, CT
    Atlanta, GA
    Indianapolis, IN
    St Louis, MO-IL
    Seattle-Bellevue-Everett, WA

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 a 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, comments must contain 
statistically valid survey data that show the 40th percentile space 
rent (excluding the cost of utilities) for the entire FMR area. HUD 
uses the same FMR area definitions for manufactured home space rental 
in the Section 8 certificate program as are used to develop the FMRs 
for Section 8 existing housing (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 Rental Certificate program FMRs.

FMRs for Federal Disaster Areas

    Under the authority granted in 24 CFR part 899, the Secretary 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 in 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 
Emergency Assistance Act; if (2) the PHA certifies that damage to the 
rental housing stock as a result of the disaster

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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 1999 
will remain in effect until superseded by the publication of the final 
FY 2001 FMRs.

Request for Comments

    HUD seeks public comments on FMR levels for specific areas. 
Comments on FMR levels must include sufficient information (including 
local data and a full description of the rental housing survey 
methodology used) to justify any proposed changes. Changes may be 
proposed in all or any one or more of the bedroom-size categories on 
the schedule. Recommendations and supporting data must reflect the rent 
levels that exist within the entire FMR area.
    HUD recommends use of professionally-conducted Random Digit Dialing 
(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 actual 
two-bedroom rents are significantly different from the FMRs 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 $5,000 or less.
    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 the relationship of rents in 
that area to the combined rents in the cluster of FMR areas. In 
addition, PHAs are advised that counties whose FMRs are based on the 
State minimum will not have their FMRs revised unless the grouped 
survey results show a revised FMR above the State minimum level.
    PHAs that plan to use the RDD survey technique should obtain a copy 
of the appropriate survey guide. Larger PHAs should request HUD's 
survey guide entitled ``Random Digit Dialing Surveys: A Guide to Assist 
Larger Public Housing Agencies in Preparing Fair Market Rent 
Comments.'' Smaller PHAs should obtain a guide entitled ``Rental 
Housing Surveys: A Guide to Assist Smaller Public Housing Agencies in 
Preparing Fair Market Rent Comments.'' These guides are available from 
HUD USER on 1-800-245-2691, or from HUD's Worldwide Web site, in 
WordPerfect format, at the following address:           http://
www.huduser.org.
    HUD prefers, but does not mandate, the use of RDD telephone 
surveys, or the more traditional method described in the survey guide 
intended for small PHAs along with the simplified RDD methodology. 
Other survey methodologies are acceptable as long as the surveys 
submitted 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 to verify whether the sample is representative of the 
FMR area's rental housing stock.
    Local rental housing surveys conducted with alternative methods 
must include the following documentation:

--Identification of the 40th percentile gross rent (gross rent is rent 
including the cost of utilities) and the actual distribution (or 
distributions if more than one bedroom size is surveyed) of the 
surveyed units, rank-ordered by gross rent.
--An explanation of how the rental housing sample was drawn and a copy 
of the survey questionnaire, transmittal letter, and any publicity 
materials.
--An explanation of how the contract rents of the individual units 
surveyed were converted to gross rents. (For RDD-type surveys, HUD 
requires use of the Section 8 utility allowance schedule.)
--An explanation of how the survey excluded units built within two 
years prior to the survey date.
--The date the rent data were collected so that HUD can apply a 
trending factor to update the estimate to the midpoint of the 
applicable fiscal year. If the survey has already been trended to this 
date, the date the survey was conducted and a description of the 
trending factor used.
--Copies of all survey sheets.

    Since FMRs are based on standard quality units and units occupied 
by recent movers, both of which are difficult to identify and survey, 
HUD will accept surveys of all rental units and apply appropriate 
adjustments.
    Most surveys cover only one- and two-bedroom units, in which case 
HUD will make the adjustments for other size units consistent with the 
differentials established on the basis of the 1990 Census data for the 
FMR area. When three- and four-bedroom units are surveyed separately to 
determine FMRs for these unit size categories, the commenter should 
multiply the 40th percentile survey rents by 1.087 and 1.077, 
respectively, to determine the FMRs. The use of these factors will 
produce the same upward adjustments in the rent differentials as those 
used in the HUD methodology.

Other Matters

    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 50.19(c)(d).
    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.
    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 be codified 
in 24 CFR part 888, are amended as follows:


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    Dated: April 29, 1998.
Andrew 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 are determined for the same 
areas as 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.
    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: 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. Nonmetropolitan area FMRs are set at the higher of the 
local 40th percentile rent level or the Statewide average of 
nonmetropolitan counties. (The State minimum also affects a small 
number of metropolitan areas whose rents would otherwise fall below the 
State minimum.)
    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 complete definitions of these areas 
including the independent cities are as follows:
Virginia Nonmetropolitan County FMR Area and Independent Cities 
Included

County and Cities

Alleghany: 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
2. Bedroom Size Adjustments
    Schedule B shows the FMRs for 0-bedroom through 4-bedroom units. 
The FMRs for unit sizes larger than 4 bedrooms are calculated by adding 
15 percent to the 4-bedroom FMR for each extra bedroom. For example, 
the FMR for a 5-bedroom unit is 1.15 times the 4-bedroom FMR, and the 
FMR for a 6-bedroom unit is 1.30 times the 4 bedroom FMR. FMRs for 
single-room-occupancy (SRO) units are 0.75 times the 0 bedroom FMR.
3. FMRs for Manufactured Home Spaces
    FMRs for Section 8 manufactured home spaces in the Section 8 
certificate program are 30 percent of the two-bedroom Section 8 
existing housing program FMRs, with the exception of the areas listed 
in Schedule D whose manufactured home space FMRs have been modified on 
the basis of public comments. Once approved, the revised manufactured 
home space FMRs establish new base-year estimates that are 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 in the Section 8 certificate program are the 
same as the area definitions used for Section 8 existing FMRs.
4. 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.

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[FR Doc. 98-11853 Filed 5-4-98; 8:45 am]
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