[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
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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:
[[Page 24849]]
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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