[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Pages 31280-31336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14537]



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Part II





Housing and Urban Development





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Notice of Annual Factors for Determining Public Housing Agency On-Going 
Administrative Fees for the Housing Choice Voucher Program and the 
Rental Certificate and Moderate Rehabilitation Programs; Notice

  Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4637-N-01]


Notice of Annual Factors for DeterminingPublic Housing Agency On-
Going Administrative Fees for the Housing Choice Voucher Program and 
the Rental Certificate and Moderate Rehabilitation Programs

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

ACTION: Notice.

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SUMMARY: This notice announces the monthly per unit fee amounts for use 
in determining the on-going administrative fee for public housing 
agencies (PHAs) administering the housing choice voucher program, and 
the rental certificate and moderate rehabilitation programs (including 
Single Room Occupancy and Shelter Plus Care) during Federal Fiscal Year 
(FY) 2001. The rental certificate program terminates at the end of FY 
2001.

EFFECTIVE DATE: This notice is effective upon publication. HUD will use 
the procedures in this Notice to approve year-end financial statements 
for PHA fiscal years ending on December 31, 2000; March 31, 2001; June 
30, 2001; and September 30, 2001. PHAs also must use these procedures 
to project earned administrative fees in the annual PHA budget. The 
procedures in this Notice apply to on-going administrative fees earned 
for that portion of the PHA fiscal year that falls in Federal FY 2001 
(i.e., from October 1, 2000, to September 30, 2001).

FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Real 
Estate and Housing Performance Division, Office of Public and Assisted 
Housing Delivery, Office of Public and Indian Housing, Department of 
Housing and Urban Development, Room 4210, 451 Seventh Street, SW, 
Washington, DC 20410-8000; telephone number (202) 708-0477 (this is not 
a toll-free telephone number). Hearing or speech impaired individuals 
may access this number via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Statutory Background

    HUD pays administrative fees to PHAs for the costs of administering 
the housing choice voucher program and the rental certificate and 
moderate rehabilitation programs, including the Single Room Occupancy 
and Shelter Plus Care components. Section 202 of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1997 (Pub. L. 104-204, 110 Stat. 2874 and 
2893 approved September 26, 1996) established the procedures for 
calculating these administrative fees before Federal Fiscal Year 1999. 
However, Section 8(q) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(q)), as amended by section 547 of the Quality Housing and 
Work Responsibility Act of 1998 (Pub. L. 105-276, 112 Stat. 2461 and 
2605, approved October 21, 1998) (QHWRA) raised the on-going percentage 
of the ``base amount'' used for calculating the administrative fees for 
the first 600 units in a PHA's housing choice voucher program from 7.5 
percent to 7.65 percent. The Department of Veterans Affairs and Housing 
and Urban Development and Independent Agencies FY 2001 Appropriations 
Act (Pub. L. 106-377, Stat. 1441, approved October 27, 2000) provides 
that the administrative fee authorized under section 8(q) of United 
States Housing Act of 1937, is the fee level in effect immediately 
before the enactment of the QHWRA of 1998. Before enactment of QHWRA, 
the on-going administrative fee percent for the first 600 units in a 
PHA's housing choice voucher program was 7.5 percent of the base 
amount.
    This notice announces the methodology to be used for calculating 
the on-going administrative fee for PHAs administering the housing 
choice voucher program and the rental certificate and moderate 
rehabilitation programs (including Single Room Occupancy and Shelter 
Plus Care) during FY 2001.
    A PHA's on-going administrative fee may be reduced because of PHA 
failure to comply with its administrative responsibilities (section 
982.152(d)). For example, HUD may reduce the on-going fee if the PHA 
does not provide required information on program participants to the 
Multifamily Tenant Characteristics System as required by HUD or 
maintain at least a 92 percent lease-up.

II. Calculating the On-Going Monthly Administrative Fee

    (a) On-going Administrative Fee. A public housing agency is paid an 
on-going administrative fee for each unit month for which a dwelling 
unit is covered by a housing assistance payments contract. Under the 
system for FY 2001, the on-going monthly administrative fee is:
    1. 7.5 percent of the ``base amount'' for the first 600 units in a 
PHA's housing choice voucher and rental certificate programs combined, 
and for the first 600 units in a PHA's moderate rehabilitation program.
    2. 7.0 percent of the ``base amount'' for each additional housing 
choice voucher, rental certificate, or moderate rehabilitation unit 
above the 600 unit, threshold.
    3. 3.0 percent of the ``base amount'' for PHA-owned units.
    (b) The Base Amount. The ``Base Amount'' is the higher of:
    1. The FY 1993 fair market rent for a two-bedroom unit; or
    2. The FY 1994 fair market rent for a two-bedroom unit, but not 
more than 103.5 percent of the FY 1993 fair market rent.

    Note: The base amount is adjusted annually to reflect average 
local government wages as measured by the most recent Bureau of 
Labor Statistics data on local government wages (the ES-202 series).

    (c) Additional Fees. PIH Notice 2000-28 (HA) (issued August 9, 
2000) and PIH Notice 2000-49 (HA) (issued October 27, 2000) lists other 
authorized fees.

III. On-Going Fee Amounts

    (a) Fee Schedule. This notice publishes the schedule of monthly per 
unit on-going administrative fee amounts. These on-going fee amounts 
shall be used by HUD and PHAs for preparation of PHA budgets and 
approval of fiscal year-end financial statements. The schedules are 
organized by the HUD-established fair market rent areas and show the 
monthly on-going fee amounts a PHA will earn for each unit under a 
housing assistance payments contract on the first day of the applicable 
month.
    (b) Column A: Fees for Program of 600 Units or Less. The amount in 
column A is the monthly per unit on-going fee amount for the first 
7,200 unit months in FY 2001 in a PHA's combined rental certificate and 
voucher programs combined (not including any PHA-owned units). The 
7,200 unit month figure is determined by multiplying 600 units times 12 
(the number of months in one year).
    On-going fee amounts in column A are also used as the monthly per 
unit fee for the first 7,200 unit months in FY 2001 in a PHA's moderate 
rehabilitation program, including the moderate rehabilitation single 
room occupancy program. However, the column A amounts are not used to 
calculate on-going fees for any PHA-owned units.
    The total column A on-going fee is computed by multiplying the 
number of unit months under a housing assistance payments contract in 
Federal FY 2001 by the monthly per unit fee amount in column A, up to 
the maximum number of unit months.

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    The maximum number of unit months for which the column A fee amount 
may be used depends on the PHA fiscal year end. Based on the applicable 
PHA fiscal year end, a PHA must use the following number of unit months 
to calculate its column A on-going administrative fee for FY 2001:

------------------------------------------------------------------------
                                      Maximum number of  column A unit
       PHA fiscal year end                         months
------------------------------------------------------------------------
December 31, 2000................  Up to 1,800 unit months.
March 31, 2001...................  Up to 3,600 unit months.
June 30, 2001....................  Up to 5,400 unit months.
September 30, 2001...............  Up to 7,200 unit months.
------------------------------------------------------------------------

    (c) Column B: On-going Fees for unit months in excess of the 
maximum number of the Column A Unit Months. Column B is used to 
determine the monthly per unit on-going fee amount for any unit months 
in FY 2001 in excess of the maximum number of unit months specified in 
the above matrix (depending on the PHA's fiscal year end). The excess 
unit months, based on the PHA's fiscal year end and the number of 
housing choice voucher, rental certificate and moderate rehabilitation 
(including the moderate rehabilitation single room occupancy program 
and the shelter plus care single room occupancy program--not including 
any PHA owned units) units under housing assistance payment contracts 
during FY 2001, are multiplied by the monthly per unit on-going fee 
amount in column B.
    (d) Column C: Fees for PHA-Owned Units. The monthly per unit on-
going fee amount in column C is used to calculate the on-going 
administrative fee for any PHA-owned units. For this purpose, multiply 
the number of unit months for PHA-owned units under housing assistance 
payment contracts during FY 2001. The column C amount is used for PHA-
owned units assisted in the rental voucher, rental certificate, and 
moderate rehabilitation units. Column A and column B fee amounts are 
not used for PHA-owned units.
    (e) Fees for Units Under Portability. The on-going fee amounts used 
for reimbursing receiving PHAs for all portable units (not absorbed by 
the receiving PHA) will be determined by using the monthly per unit on-
going administrative fee amounts in column B for the PHA.
    The receiving PHA administering the portable housing choice voucher 
receives 80 percent of the column B amount and the initial PHA receives 
20 percent of the column B amount.
    (f) Future year publication date. For subsequent fiscal years, HUD 
will publish an annual notice in the Federal Register establishing the 
monthly per unit fee amounts for use in determining the on-going 
administrative fees for PHAs operating the housing choice voucher 
program and moderate rehabilitation program in each metropolitan and 
each non-metropolitan fair market rent area for that Federal fiscal 
year. The annual change in the per-unit-month fee amounts will be based 
on changes in wage data or other objectively measurable data, as 
determined by HUD, that reflect the costs of administering the program.
    The amounts in the schedule published in the Federal Register will 
not reflect the authority given to HUD to increase the fee if necessary 
to reflect extraordinary expenses such as the higher costs of 
administering small programs and programs operating over large 
geographic areas or expenses incurred because of difficulties some 
categories of families are having in finding appropriate housing. HUD 
will consider PHA requests for such increased administrative fees. 
Furthermore, the amounts will not include preliminary fees.

IV. Findings and Certifications

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been approved by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and have 
been assigned OMB control number 2577-0149. An agency may not conduct 
or sponsor, and a person is not required to respond to, a collection of 
information unless the collection displays a valid control number.

Environmental Impact

    In accordance with 24 CFR 50.19(c)(6) of the HUD regulations, the 
policies and procedures contained in this notice set forth rate 
determinations and related external administrative requirements and 
procedures which do not constitute a development decision that affects 
the physical condition of specific project areas or building sites, and 
therefore are categorically excluded from the requirements of the 
national Environmental Policy Act.

Executive Order 13132, Federalism

    Executive Order 13132 (captioned ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has federalism implications and either imposes 
substantial direct compliance costs on State and local governments and 
is not required by statute, or preempts State law, unless the relevant 
requirements of section 6 of the Executive Order are met. None of the 
provisions in this notice will have federalism implications and they 
will not impose substantial direct compliance costs on State and local 
governments or preempt State law within the meaning of the Executive 
Order. As a result, the notice is not subject to review under the Order

Catalog of Federal Domestic Assistance Number

    The Catalog of Federal Domestic Assistance Number for this program 
is 14.850.

    Dated: May 29, 2001.
Gloria Cousar,
Acting General Deputy, Assistant Secretary for Public and Indian 
Housing.

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[FR Doc. 01-14537 Filed 6-8-01; 8:45 am]
BILLING CODE 4210-33-C