[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Notices]
[Pages 31870-31928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13269]



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Part VII





Department of Housing and Urban Development





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Fair Market Rents for the Housing Choice Voucher Program and Moderate 
Rehabilitation Single Room Occupancy Program--Fiscal Year 2004; Notice

  Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4852-N-01]


Fair Market Rents for the Housing Choice Voucher Program and 
Moderate Rehabilitation Single Room Occupancy Program--Fiscal Year 2004

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of proposed fiscal year (FY) 2004 Fair Market Rents 
(FMRs).

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SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937 (the 
Act) requires the Secretary to publish FMRs annually to be effective on 
October 1 of each year. FMRs are used to determine payment standard 
amounts for the Housing Choice Voucher program, to determine initial 
renewal rents for some expiring project-based Section 8 contracts, and 
to determine initial rents for housing assistance payments (HAP) 
contracts in the Moderate Rehabilitation Single Room Occupancy (SRO) 
program. Other programs may require use of FMRs for other purposes. 
Today's notice proposes revised FMRs that reflect estimated 40th and 
50th percentile rent levels trended to April 1, 2004.

DATES: Comments Due Date: June 27, 2003.

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 
20410-0001. 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, Director, Housing 
Voucher Management and Operations Division, Office of Public Housing 
and Voucher Programs, telephone (202) 708-0477, responsible for 
decisions on how fair market rents are used; or Allison Manning, 
Community Assistance Division, telephone (202) 708-1234, responsible 
for administration of the Mod Rehab Single Room Occupancy program. For 
technical information on the methodology used to develop fair market 
rents or a listing of all fair market rents, please call HUD USER at 1-
800-245-2691, or access the information on the HUD Web site, http://www.huduser.org/datasets/fmr.html. Further questions on the methodology 
may be addressed to Marie Lihn, Economic and Market Analysis Division, 
Office of Economic Affairs, telephone (202) 708-0590, (e-mail: marie 
[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 (42 U.S.C. 1437f) authorizes housing assistance to aid lower 
income families in renting safe and decent housing. Housing assistance 
payments are limited by FMRs established by HUD for different areas. In 
the voucher program, the FMR is used to determine the ``payment 
standard amount'' used to calculate the maximum monthly subsidy for an 
assisted family (see 24 CFR 982.503). 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.
    Lower Than Normal Increases for Proposed FY 2004 FMRs: It should be 
noted that proposed FMR increases in many parts of the country, 
especially nonmetropolitan areas, were modest or non-existent. This is 
due to two factors. One is relatively modest increases in shelter rents 
(i.e., total rents excluding utilities). The other and more significant 
factor is reductions in utility costs from the previous year.
    Electronic Data Availability: This Federal Register notice is 
available electronically from the HUD news page: http://www.hudclips.org/cgi/index.cgi. Federal Register notices also are 
available electronically from the U.S. Government Printing Office Web 
site: http://www.access.gpo.gov/su_docs/aces/aces140.html.

Publication of FMRs

    Section 8(c) of the Act requires the Secretary of HUD to publish 
FMRs periodically, but not less frequently than annually. HUD's 
regulations provide that HUD will develop FMRs by publishing proposed 
FMRs for public comment and publish final FMRs after evaluating public 
comments (see 24 CFR 888.115).
    Schedule B of the proposed FY 2003 FMR schedules at the end of this 
document lists the fair market rents for existing housing, including 
housing assisted under the housing choice voucher program.
    Schedule D lists FMRs for the rental of manufactured home spaces in 
the housing choice voucher program for areas where HUD has approved a 
manufactured home space FMR greater than 40 percent of the 2-bedroom 
FMR, based on public comments (see 24 CFR 888.113(e) and 982.623(e)).
    In the Moderate Rehabilitation SRO program, the fair market rent is 
90 percent of the 0-bedroom existing housing fair market rent in 
Schedule B. (This is equivalent to 75 percent of the moderate 
rehabilitation 0-bedroom fair market rent (See 24 CFR 882.408(a).) The 
FMR for the moderate rehabilitation SRO program is the maximum initial 
gross rent (gross rent at the beginning of the HAP contract term).
    Units are no longer developed under the regular moderate 
rehabilitation program. For the purpose of determining renewal gross 
rents for a HAP contract under the regular moderate rehabilitation 
program, the applicable FMR is 120 percent of the existing housing fair 
market rent in Schedule B.

How HUD Sets FMRs

HUD Standard for Setting the FMR

    FMRs are gross rent estimates that include both shelter rent paid 
by the tenant to the landlord 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.
    FMRs are set at a percentile within the rent distribution for 
standard quality rental housing units in each FMR areas (see 24 CFR 
888.113). FMRs are based on the distribution of rents for units that 
are occupied by recent movers--renter households who moved into their 
units within the past 15 months. The distribution does not include 
rents for units less than two years old or for public housing units. 
Rents for subsidized housing units are adjusted by adding back the 
amount of the subsidy.
    HUD sets FMRs either at the 40th percentile rent or at the 50th 
percentile rent. For most FMR areas, the FMR is set at the 40th 
percentile rent. The rent for

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40 percent of standard rental housing units is at or below this dollar 
amount. FMRs have been increased to the 50th percentile rent in those 
metropolitan areas where a FMR increase is most needed to promote 
residential choice, help families move closer to areas for job growth, 
and deconcentrate poverty (See 24 CFR 888.113(c)). The rent for 50 
percent of standard rental housing units is at or below this dollar 
amount. An asterisk in Schedule B identifies each of the 39 FMR areas 
for which HUD has set 50th percentile FMRs.

Data Sources

    HUD used the most accurate and current data available to develop 
the FMR estimates. The following sources of survey data are used to 
develop the base-year estimates:
    (1) The 1990 Census provides statistically reliable rent data for 
all FMR areas;
    (2) The Bureau of the Census' American Housing Survey (AHS) is used 
to develop between-Census revisions for the largest metropolitan areas. 
The revised FMRs have accuracy comparable to the decennial Census; and
    (3) Random Digit Dialing (RDD) telephone surveys of individual FMR 
areas. The RDD surveys 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 the 
Consumer Price Index (CPI) data for rents and utilities or on HUD 
regional rent change factors developed from regional RDD surveys. Area-
specific annual average CPI contract rent and residential utility cost 
data are available individually for 99 metropolitan FMR areas and for 
the four Census Regions. RDD regional rent change factors are developed 
annually for the metropolitan and nonmetropolitan parts of each of the 
10 HUD regions. The utility component of RDD surveys is updated using 
CPI regional utility cost change factors. 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

    With the exception of areas with FMRs set at the 50th percentile, 
FMRs are established at the higher of the local 40th percentile rent 
level or a state minimum equal to the statewide average 40th percentile 
rent for nonmetropolitan counties. The state minimum affects a small 
number of metropolitan areas whose rents would otherwise fall below the 
state minimum.

Bedroom Size Adjustments

    FMRs are calculated separately for each bedroom size category.
    In FMR areas where FMRs are based on the state minimums, the FMR 
for each bedroom size category is the higher of the 40th percentile 
rent for that bedroom size category: (1) for the FMR area or (2) for 
the statewide average of nonmetropolitan counties. For all other FMR 
areas, the bedroom intervals are based on 1990 census data indicating 
the rent for that bedroom size for the specific FMR area.
    There are some areas where the bedroom intervals were adjusted 
because the rent intervals between bedroom sizes were above or below an 
acceptable range. The acceptable range of rent intervals between 
bedroom sizes was determined from a distribution of bedroom intervals 
for all metropolitan areas. For areas with rent intervals outside these 
standard ranges, the rent intervals between bedroom sizes were 
increased or decreased to bring them back within the range.
    Higher ratios continue to be used for 3-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 a 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 SRO units are 0.75 times the 0-bedroom FMR.

Area RDD Rent Survey Adjustments

    RDD surveys are used to obtain statistically reliable FMR estimates 
for selected FMR areas. This telephone survey technique involves 
drawing random samples of renter units occupied by recent movers. RDD 
surveys exclude public housing units, other assisted units for which 
the market rent cannot be determined, units built in the past two 
years, seasonal units, non-cash rental units, and units owned by 
relatives of the unit occupants.
    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 15,000-20,000 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 includes proposed FMR decreases below the normal 
update factor based on RDD surveys conducted in July 2002 for the 
following areas:

Oklahoma City, OK MSA
San Francisco, CA PMSA
    Unlike past years, HUD did not complete any RDDs this winter for 
the FY 2004 FMRs.

FMR Area Definition Changes

    This notice includes FMRs for two nonmetropolitan counties 
(boroughs) in Alaska not previously listed separately: Denali and 
Yakutat. Denali comes from the Yukon-Koyukuk area and Yakutat comes 
from the former area of Skagway-Yakutat-Angoon, now renamed Skagway-
Hoonah-Angoon.

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.
    For the supporting data, 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 about $20,000. Areas with 500 or more program units 
usually meet this cost criterion, and areas with fewer units may meet 
it if actual 2-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. HUD must approve all county-grouped 
surveys in advance. PHAs are cautioned that the resulting FMRs will not 
be identical for the counties surveyed; each individual FMR area will 
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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 website, in 
Microsoft Word or Adobe Acrobat format, at the following address: 
http://www.huduser.org/datasets/fmr.html.
    Other survey methodologies are acceptable in providing data with 
comments as long as the surveys submitted provide statistically 
reliable, unbiased estimates of the 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.
    Most surveys cover only 1- and 2-bedroom units, in which case HUD 
will make the adjustments for other size units consistent with the 
differentials established on the basis of the decennial Census data for 
the FMR area. When 3- and 4-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.
    HUD will consider increasing manufactured home space FMRs where 
public comment demonstrates that 40 percent of the 2-bedroom FMR is not 
adequate. In order to be accepted as a basis for revising the 
manufactured home space FMRs, comments must include a pad rental survey 
of the mobile home parks in the area (and note the utilities included 
in this rental fee) along with a copy of the applicable public housing 
authority utility schedule.
    Accordingly, the Fair Market Rent Schedules, which will not be 
codified in 24 CFR part 888, are proposed to be amended as follows:

    Dated: May 20, 2003.
Mel Martinez,
Secretary.

Fair Market Rents for the Housing Choice Voucher 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-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. 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                               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 manufactured home spaces in the housing choice voucher 
program are 40 percent of the 2-bedroom 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

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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 existing housing FMRs. The FMR area 
definitions used for the rental of manufactured home spaces in the 
housing choice voucher program are the same as the area definitions 
used for other FMRs.
4. Arrangement of FMR Areas and Identification of Constituent Parts
    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.
    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.
    Two nonmetropolitan counties are listed alphabetically on each line 
of the nonmetropolitan county listings.

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[FR Doc. 03-13269 Filed 5-27-03; 8:45 am]
BILLING CODE 4210-62-C