[Federal Register Volume 68, Number 190 (Wednesday, October 1, 2003)]
[Notices]
[Pages 56704-56762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24962]



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Part IV





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. 190 / Wednesday, October 1, 2003 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4852-N-02]


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 Final 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 
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 program. 
Other programs may require use of FMRs for other purposes. Today's 
notice provides final FY 2004 FMRs for all areas that reflect the 
estimated 40th and 50th percentile rent levels trended to April 1, 
2004.

EFFECTIVE DATE: The FMRs published in this notice are effective on 
October 1, 2003.

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 John Garrity, Director, 
Office of Special Needs Assistance Programs, telephone (202) 708-4300, 
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 L. Lihn, Economic and Market 
Analysis Division, Office of Economic Affairs, telephone (202) 708-
0590, (e-mail: [email protected]). Hearing- or speech-impaired 
persons may use the Telecommunications Device for the Deaf (TTY) at 1-
800-927-7589. (Other than the ``800'' HUD User and TTY numbers, 
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 safe and decent housing. Housing 
assistance payments are limited by FMRs established by HUD for 
different areas. In the Housing Choice 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, and safe rental housing of a modest (non-luxury) nature with 
suitable amenities.
    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.

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 tenant-paid utilities, 
except telephones. 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 
in neighborhoods and low enough to serve as many families as possible.
    FMRs are set at a percentile within the rent distribution of 
standard quality rental housing units in each FMR area (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 paid by recent movers, which means that 40 percent of 
all standard quality rental housing units rented within the past 18 
months have rents at or below this dollar amount. For some FMR areas, 
the FMR is set at the 50th percentile rent or the median rent, so that 
50 percent of standard units are at or below this dollar amount. An 
asterisk in Schedule B identifies each of the 39 FMR areas for which 
HUD set 50th percentile FMRs.
Data Sources
    HUD has 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) Bureau of the Census' American Housing Surveys (AHS) conducted 
after 1990, which are done for the largest metropolitan areas and which 
have an accuracy comparable to the decennial Census;
    (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; and
    (4) Data from the 2000 Census were used for a small number of 
metropolitan areas that had submitted public comments requesting higher 
FMRs and where 2000 Census data showed FMRs were significantly 
understated. [Please note that the special 2000 Census tabulations 
needed to develop FMR estimates were not available when proposed FY 
2004 FMRs were released. In addition, the new OMB metropolitan area 
definitions that will determine how FMR areas are defined had not been 
released when proposed FMRs needed to be published. A number of 
analytical issues related to using the 2000 Census rent data are still 
being studied and need to be resolved prior to implementing the new 
definitions and data. A set of revised proposed FMRs for FY 2004 based 
on 2000 Census data and new area definitions will be published for 
public comment in late 2003 or early 2004.]
    The base-year FMRs are updated using trending factors based on 
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 data are available 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
    Some FMR areas have market rents that are at or below long-term 
operating costs. In addition, research has shown that areas with 
unusually low Census-

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reported rents, especially nonmetropolitan areas with unusually low 
rents, often have unusually high levels of substandard housing and/or 
assisted housing that distort FMR estimates. To reduce problems 
associated with FMR estimates for these areas, HUD has a policy of 
setting a minimum FMR level for each state. FMRs are established at the 
higher of the local 40th percentile rent level or a state minimum FMR 
that is equal to the statewide 40th percentile rent for nonmetropolitan 
counties. The state minimum also affects a small number of metropolitan 
areas whose rents would otherwise fall below the state minimum.
Bedroom Size Adjustments
    FMR estimates are calculated for two-bedroom units, which are the 
most common rental units. Rent relationships for units with differing 
numbers of bedrooms are then used to set FMRs of other bedroom sizes. 
Bedroom rent intervals are normally based on 1990 Census data rent 
interval relationships for FMR areas. In FMR areas where FMRs are based 
on the state minimums, the FMR for each bedroom size category is set at 
the higher of the 40th percentile rent for the FMR area or for the 
statewide average for nonmetropolitan counties.
    There are some areas where the bedroom intervals were adjusted 
because the rent intervals between bedroom sizes were above or below an 
acceptable range (e.g., areas where efficiencies are typically 
furnished, luxury units with rents higher than typical one-bedroom 
rents). The acceptable range for intervals between bedroom intervals 
was based on an examination of unusually high and low bedroom rent 
ratio intervals for all metropolitan areas. Areas where the intervals 
were outside the normal range 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 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.

Public Comments

    In response to the May 27, 2003, proposed FMRs, HUD received 15 
public comments covering 21 FMR areas. Rental housing survey 
information of some form was provided for five of those FMR areas. All 
survey information submitted was evaluated. Based on that review, the 
FMRs for four FMR areas are being increased, and the manufactured 
housing FMRs for five non-metropolitan counties in West Virginia are 
being increased. The information submitted for the other FMR areas was 
not considered sufficient to provide a basis for revising the FMRs.
    Most comments stated that the proposed FMRs were too low. Some 
(Delaware State Housing Authority, Knox County Housing Authority, and 
Pinnacle Housing Group) noted that their utility and rental costs 
increased significantly over the past year, compared to the modest 
increases granted in the proposed FMRs. Others (Assumption Parish 
Housing and Community Development, state of Hawaii, city and county of 
Honolulu, county of Hawaii, and the Housing Authority of the city of 
Corsicana, TX) noted tighter rental market conditions over the past 
year have increased rents significantly. Oklahoma City Housing 
Authority protested the proposed decrease in its FMRs resulting from a 
random digit dialing survey done last year. The Housing Authority of 
the county of Los Angeles argued that all FMRs should be set at the 
50th percentile rent for all FMR areas, rather than just the select 39 
metropolitan areas.
    Two comments were received from Puerto Rico. One from the Puerto 
Rico Housing Finance Authority argued that the methodology HUD uses to 
calculate FMRs cannot be applied to Puerto Rico. The Housing Finance 
Authority did not have a proposal for a more accurate methodology but 
looks forward to developing one with HUD. The second comment, submitted 
by Hessel and Aluise, PC, was limited to the impact of the proposed FY 
2004 FMRs on the Moderate Rehabilitation program. Addressing this 
comment would require a regulatory change, and this matter is being 
studied by the Office of Public and Indian Housing.
    In previous years, HUD has sought to conduct surveys in areas with 
significant numbers of Section 8 vouchers where concerns had been 
expressed about the accuracy of local FMRs. HUD was able to conduct 
only one RDD survey this calendar year to date. HUD was, however, able 
to obtain 2000 Census data in time to use to review FMRs for areas that 
had submitted comments. These data only recently became available to 
the Department and are currently being used to develop a method of 
systemwide rebenchmarking of FMRs. After reviewing all areas that had 
submitted public comments requesting higher FMRs, HUD identified the 
following areas as eligible for increases:

Miami, FL
Honolulu, HI
Assumption Parish, LA
Navarre County, TX

    Based on survey data submitted, higher manufactured housing FMRs 
were approved for the following areas:

Logan County, WV
McDowell County, WV
Mercer County, WV
Mingo County, WV
Wyoming County, WV

    The Housing Authority of the City of Santa Barbara requested an 
update of its exception rent to equal 146 percent for the southern 
portion of the county at the FY 2004 FMR. As the housing authority was 
advised, exception rent requests must be made directly to the Office of 
Public Housing and will be acted on separately.

RDD Surveys

    The only RDD survey conducted in 2003 was for the Newburgh, NY-PA 
PMSA. Based on the results of this survey, no change was made in its 
FMRs.

American Housing Survey

    There were no AHS surveys with results that alter proposed FY 2004 
FMRs.

FMR Area Definition Changes

    New OMB metropolitan area definitions came out on June 6, 2003, 
subsequent to the publication of the proposed FMRs. Given the number 
and magnitude of definitional change impacts, HUD plans to issue a 
revised proposed FMR schedule for FY 2004 to provide an opportunity for 
public comments. Revised FY 2004 FMRs will be developed to include the 
new metropolitan areas that also make use of the 2000 Census rent data 
and published late this calendar year or early next year. After the 
comment period, these FMRs will be published for effect.

Manufactured Home Space Surveys

    The FMR used to establish payment standard amounts for the rental 
of manufactured home spaces in the Housing Choice Voucher program is 40 
percent of the FMR for a 2-bedroom

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unit. HUD will consider modification of the manufactured home space 
FMRs where public comments present statistically valid survey data 
showing the 40th percentile manufactured home space rent (including the 
cost of utilities) for the entire FMR area.
    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 estimate the Housing Choice Voucher program FMRs. The 
FMR area definitions used for the rental of manufactured home spaces 
are the same as the area definitions used for the other FMRs.

HUD Rental Housing Survey Guides

    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 
$20,000-$30,000. Areas with 500 or more program units usually meet this 
criterion, and areas with fewer units may meet it if local rents are 
thought to be significantly different than the FMR proposed by HUD. In 
addition, HUD has developed a simplified 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.
    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 its relationship to the combined 
rent of the group of FMR areas.
    PHAs that plan to use the RDD survey technique may obtain a copy of 
the appropriate survey guide by calling HUD USER on 1-800-245-2691. 
Larger PHAs should request ``Random Digit Dialing Surveys; A Guide to 
Assist Larger Housing Agencies in Preparing Fair Market Rent 
Comments.'' Smaller PHAs should obtain ``Rental Housing Surveys; A 
Guide to Assist Smaller Housing Agencies in Preparing Fair Market Rent 
Comments.'' These guides are also available on the Internet at http://www.huduser.org/datasets/fmr.html.
    HUD prefers, but does not mandate, the use of RDD telephone 
surveys, or the more traditional method described in the small PHA 
survey guide. Other survey methodologies are acceptable if they 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 of verification for determining whether the sample is 
representative of the FMR area's rental housing stock. All survey 
results must be fully documented.
    A PHA or contractor that cannot obtain the recommended number of 
sample responses after reasonable efforts should consult with HUD 
before abandoning its survey; in such situations HUD is prepared to 
relax normal sample size requirements.
    Accordingly, the Fair Market Rent Schedules, which will not be 
codified in 24 CFR part 888, are amended as follows:

    Dated: September 26, 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 market wide rent estimates that are 
intended to provide housing opportunities throughout the geographic 
area in which rental housing units are in direct competition.
    HUD uses the OMB Metropolitan Statistical Area (MSA) and Primary 
Metropolitan Statistical Area (PMSA) definitions. Schedule B FMRs are 
issued for the metropolitan areas as defined by OMB, with the 
exceptions discussed in paragraph (b). The OMB-defined metropolitan 
areas 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 Counties Assigned County-Based FMRs

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.
    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 full definitions of these areas, 
including the independent cities, are as follows:

Virginia Nonmetropolitan County FMR Area and Independent Cities Included
                               With County
------------------------------------------------------------------------
                  County                               Cities
------------------------------------------------------------------------
Allegheny.................................  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

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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. 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.
    d. The New England towns and cities included in a nonmetropolitan 
part of a county are listed immediately following the county name.

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[FR Doc. 03-24962 Filed 9-30-03; 8:45 am]
BILLING CODE 4210-62-C