[Federal Register Volume 64, Number 50 (Tuesday, March 16, 1999)]
[Rules and Regulations]
[Pages 13056-13057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6271]



[[Page 13055]]

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Part II





Department of Housing and Urban Development





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24 CFR Parts 5, 887, 982, and 984



Section 8 Certificate and Voucher Programs Conforming Rule; Technical 
Amendment; Final Rule

  Federal Register / Vol. 64, No. 50 / Tuesday, March 16, 1999 / Rules 
and Regulations  

[[Page 13056]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 5, 887, 982, 984

[Docket No. FR-4054-C-04]
RIN 2577-AB63


Section 8 Certificate and Voucher Programs Conforming Rule; 
Technical Amendment

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

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: This document makes technical amendments to the final rule 
that was published April 30, 1998 (63 FR 23826), which combined and 
conformed program regulations for the Section 8 certificate and voucher 
programs.

EFFECTIVE DATE: April 15, 1999.

FOR FURTHER INFORMATION CONTACT: Gloria Cousar, Deputy Assistant 
Secretary for Public and Assisted Housing Delivery, Office of Public 
and Indian Housing, Department of Housing and Urban Development, Room 
4204, 451 7th Street, SW, Washington, DC 20410. Her telephone numbers 
are (202) 708-2841 (voice) and (202) 708-0850 (TTY). (These are not 
toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Need for Amendments

    The Section 8 Certificate and Vouchers Programs Conforming Rule, 
published on April 30, 1998 (63 FR 23826), was corrected by a document 
published on June 10, 1998 (63 FR 31624). This document corrects 
additional errors in the final rule and makes additional clarifying 
technical amendments to parts 887 and 984, which inadvertently were not 
included in that rulemaking. This technical final rule does the 
following:
    (1) Removes remaining provisions of part 887, the former rule for 
the Section 8 tenant-based voucher program. As intended, program rules 
for the voucher program are now contained in the conforming rule at 
part 982;
    (2) Corrects formulas used to prorate assistance for a ``mixed 
family'' (that includes persons without citizenship or eligible 
immigration status) (24 CFR Sec. 5.520). The final rule did not specify 
the procedure to prorate assistance for an over-FMR tenancy;
    (3) Corrects calculation of the housing assistance payment for 
rental of a manufactured home space under a voucher or over-FMR 
tenancy. (The prior correction document corrected an error in 
calculation of the subsidy for a manufactured home space regular 
tenancy.) The rule is revised to specify that the maximum subsidy is 
rent to owner for the manufactured home space (Sec. 982.623(c)(2) and 
(c)(3)). This replaces the prior erroneous reference to ``gross rent'' 
(including the allowance for tenant-paid utilities);
    (4) Inserts conforming references to requirements for certain 
special housing types, in the regulations that specify types of housing 
that are ineligible for assistance under the certificate and voucher 
programs (Sec. 982.352(a)(6));
    (5) Clarifies confusion concerning the relationship between 
separate regulatory provisions concerning adjustments in subsidy 
payment upon a regular or interim reexamination of family income and 
composition. Sections 982.516(d)(2) and 982.516(e) are revised by 
eliminating reference to adjustments in the ``family unit size'' at a 
regular or interim reexamination. As so corrected, the rule provides 
that an HA must make appropriate adjustments in the housing assistance 
payment at the effective date of a regular or interim reexamination. 
Furthermore, Sec. 982.516(d)(2) is revised to cross-reference the 
separate regulatory provisions that specify how housing assistance 
payments are calculated (Sec. 982.505 for a voucher or over-FMR 
tenancy; Sec. 982.507 for a regular certificate tenancy). In addition, 
Sec. 982.505(d)(5) is restated to clarify, as originally intended, that 
after a change in family unit size, the new family unit size is used to 
compute the payment standard at the next regular reexamination;
    (6) Restates a technical provision that specifies when an annual 
adjustment is effective (Sec. 982.509(b)(5)(i)). This change is 
necessary to clarify when the annual adjustment is effective for a HAP 
contract with a mid-month anniversary; and
    (7) Updates cross-references in the regulation for the Family Self-
Sufficiency Program (Sec. 984.305(b)(1)).

List of Subjects

24 CFR Part 5

    Administrative practice and procedure, Aged, Grant programs--
housing and community development, Individuals with disabilities, Loan 
programs--housing and community development, Low- and moderate-income 
housing, Mortgage insurance, Pets, Public housing, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 887

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

24 CFR Part 982

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

24 CFR Part 984

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

Catalog

    The Catalog of Federal Domestic Assistance numbers for the programs 
that are the subject of this document are 14.855 and 14.857.
    For the reasons stated above, parts 5, 887, 982, and 984 of title 
24 of the Code of Federal Regulations are amended as follows:

PART 5--GENERAL HUD PROGRAM

    1. The authority citation for part 5 continues to read as follows:

    Authority: 42 U.S.C. 3535(d), unless otherwise noted.

Subpart E--Restrictions on Assistance to Noncitizens

    2. In Sec. 5.520 paragraphs (c)(1) introductory text, (c)(1)(ii), 
(c)(2) introductory text, (c)(2)(i) and (c)(2)(iv) are revised to read 
as follows:


Sec. 5.520  Proration of assistance.

* * * * *
    (c) Method of prorating assistance for Section 8 covered programs.
    (1) Section 8 assistance other than assistance provided for a 
tenancy under the Section 8 Rental Voucher Program or for an over-FMR 
tenancy in the Section 8 Rental Certificate Program. For Section 8 
assistance other than assistance for a tenancy under the voucher 
program or an over-FMR tenancy under the certificate program, the PHA 
must prorate the family's assistance as follows:
    (i) * * *
    (ii) Step 2. Determine total tenant payment in accordance with 
section 5.613(a). (Annual income includes income of all family members, 
including any family member who has not established eligible 
immigration status.)
* * * * *
    (2) Assistance for a Section 8 voucher tenancy or over-FMR tenancy. 
For a tenancy under the voucher program or for an over-FMR tenancy 
under the certificate program, the PHA must

[[Page 13057]]

prorate the family's assistance as follows:
    (i) Step 1. Determine the amount of the pre-proration housing 
assistance payment. (Annual income includes income of all family 
members, including any family member who has not established eligible 
immigration status.)
* * * * *
    (iv) No effect on rent to owner. Proration of the housing 
assistance payment does not affect rent to owner. The family must pay 
the portion of rent to owner not covered by the prorated housing 
assistance payment.
* * * * *

PART 887--HOUSING VOUCHERS [REMOVED AND RESERVED]

    3. Part 887 is removed and reserved.

PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNITED RULE FOR 
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE 
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM

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

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

    5. Section 982.352(a)(6) is revised to read as follows:


Sec. 982.352  Eligible housing.

    (a) * * *
    (6) A unit occupied by its owner or by a person with any interest 
in the dwelling unit. (However, assistance may be provided for a family 
residing in a cooperative. Assistance may be provided to the owner of a 
manufactured home leasing a manufactured home space. In the case of 
shared housing, an owner unrelated to the assisted family may reside in 
the unit, but assistance may not be paid on behalf of the resident 
owner. For provisions on cooperative housing, manufactured home space 
rental, and shared housing, see part 982, subpart M.); and
* * * * *
    6. In Sec. 982.505, paragraph (d)(5) is revised, to read as 
follows:


Sec. 982.505  Voucher tenancy or over-FMR tenancy: How to calculate 
housing assistance payment.

* * * * *
    (d) * * *
    (5) At the next regular reexamination following a change in family 
size or composition during the HAP contract term, and for any 
examination thereafter during the term:
    (i) Paragraph (d)(4)(i) does not apply, and
    (ii) If there is a change in family unit size resulting from such 
change in family size or composition, the new family unit size must be 
used to compute the payment standard.
    7. In Sec. 982.509, paragraph (b)(5)(i) is revised, to read as 
follows:


Sec. 982.509  Regular tenancy: Annual adjustment of rent to owner.

* * * * *
    (b) * * *
    (5) * * *
    (i) The first day of the first month commencing on or after the 
contract anniversary date; or
* * * * *
    8. In Sec. 982.516, paragraph (e) is amended by removing from the 
last sentence the phrase ``and family unit size'', and paragraph (d)(2) 
is revised, to read as follows:


Sec. 982.516  Family income and composition: Regular and interim 
examinations.

* * * * *
    (d) * * *
    (2) At the effective date of a regular or interim reexamination, 
the HA must make appropriate adjustments in the housing assistance 
payment. (For a voucher tenancy or over-FMR tenancy, the housing 
assistance payment shall be calculated in accordance with Sec. 982.505. 
For a regular tenancy, the housing assistance payment shall be 
calculated in accordance with Sec. 982.507.)
* * * * *


Sec. 982.623  [Amended]

    9. Section 982.623 is amended as follows:
    a. In the first sentence of paragraph (c)(2)(ii), the phrase 
``monthly gross rent'' is removed and the phrase ``rent to owner'' is 
inserted in its place.
    b. In paragraph (c)(3)(ii), the phrase ``monthly gross rent'' is 
removed and the phrase ``rent to owner'' is added in its place.

PART 984--SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY 
PROGRAM

    10. The authority citation for part 984 continues to read as 
follows:

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


Sec. 984.304  [Amended]

    11. In Sec. 984.304, paragraph (a)(2) is amended as follows:
    a. In the first sentence, by removing ``in accordance with the 
regulations set forth in 24 CFR parts 813 and 882.'' and inserting ``in 
accordance with the regulations set forth in subpart F of 24 CFR part 
5, and subpart K of 24 CFR part 982.''
    b. In the second sentence, by removing ``in accordance with the 
regulations set forth in 24 CFR part 887.'' and inserting ``in 
accordance with the regulations set forth in 24 CFR Sec. 982.505.''


Sec. 984.305  [Amended]

    12. In section 984.305, paragraph (b)(1) is amended as follows:
    a. By removing ``part 913'' and inserting ``subpart F of 24 CFR 
part 5''.
    b. By removing ``part 813'' and inserting ``subpart F of 24 CFR 
part 5''.

    Dated: March 2, 1999.
Andrew Cuomo,
Secretary.
[FR Doc. 99-6271 Filed 3-15-99; 8:45 am]
BILLING CODE 4210-33-P