[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Rules and Regulations]
[Page 4271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1637]



[[Page 4271]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 5 and 92

[Docket No. FR-5351-F-03]
RIN 2501-AD48


Refinement of Income and Rent Determination Requirements in 
Public and Assisted Housing Programs: Implementation of the Enterprise 
Income Verification System; Withdrawal of Rescinded Regulatory 
Amendments

AGENCY: Department of Housing and Urban Development, HUD.

ACTION: Final rule; withdrawal of rescinded regulatory amendments.

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SUMMARY: On December 29, 2009, HUD published a final rule to require 
the use of the Enterprise Income Verification (EIV) system by public 
housing agencies and multifamily housing owners and management agents 
when verifying the employment and income of program participants. The 
purpose of the December 2009, final rule was to clarify certain 
provisions of HUD's January 27, 2009, final rule on the same subject 
matter, and to return other regulatory provisions to their pre-January 
2009, final rule content. Although the preamble to the December 29, 
2009, final rule clearly stated that the December 29, 2009, final rule 
was rescinding specified regulatory changes made by the January 27, 
2009, final rule, the regulatory text of the December 29, 2009, final 
rule inadvertently omitted the corresponding regulatory instruction to 
that effect. This final rule corrects this omission by formally 
withdrawing the rescinded regulatory amendments consistent with the 
stated purpose of the December 29, 2009, final rule.

DATES: The amendments to 24 CFR 5.508, 5.516, 5.518, 5.609 and 92.203 
published at 74 FR 4832, January 27, 2009, which were delayed at 74 FR 
13339, March 27, 2009, and further delayed at 74 FR 44285, August 28, 
2009, are withdrawn effective January 31, 2010.

FOR FURTHER INFORMATION CONTACT: For Office of Public and Indian 
Housing programs, contact Nicole Faison, Program Advisor for the Office 
of Public Housing and Voucher Programs, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 4214, Washington, DC 20410, 
telephone number 202-402-4267. For Office of Housing Programs, contact 
Gail Williamson, Director of the Housing Assistance Policy Division, 
Department of Housing and Urban Development, 451 7th Street, SW., Room 
6138, Washington, DC 20410, telephone number 202-402-2473. (These are 
not toll-free numbers.) Persons with hearing or speech impairments may 
access these numbers through TTY by calling the toll-free Federal 
Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: On January 27, 2009, at 74 FR 4832, HUD 
published a final rule, entitled ``Refinement of Income and Rent 
Determination Requirements in Public and Assisted Housing Programs'' 
(January 2009 Final Rule). The January 2009 Final Rule revised HUD's 
public and assisted housing program regulations to implement the 
upfront income verification process for program participants and to 
require the use of HUD's EIV system by public housing agencies and 
owners and management agents. The January 2009 Final Rule was 
originally scheduled to become effective on March 30, 2009. Consistent 
with Administration policy to review rules issued during the transition 
from one Administration to another, on February 11, 2009, at 74 FR 
6839, HUD published a notice in the Federal Register seeking public 
comment on whether to delay the effective date of the January 2009 
Final Rule and requesting comment generally on this rule.
    Following publication of the February 11, 2009, Federal Register 
notice, HUD issued a final rule on March 27, 2009 (74 FR 13339), that 
extended the effective date of the January Final Rule to September 30, 
2009. The purpose of this extension was to provide HUD with time to 
review the public comments received in response to the February 11, 
2009, notice. On August 28, 2009, at 74 FR 44285, HUD published a final 
rule that further extended the effective date of the January 2009 Final 
Rule to January 31, 2010. The further extension was undertaken to allow 
the two HUD Assistant Secretaries, who have responsibility for the 
programs affected by the rule and were then only recently confirmed, 
sufficient time to review the subject matter of the January 2009 Final 
Rule, and to review and consider the public comments received on HUD's 
February 11, 2009, Federal Register notice.
    On October 15, 2009, at 74 FR 52931, HUD published a proposed rule 
soliciting public comment on proposed regulatory revisions to the 
January 2009 Final Rule to address the issues and concerns raised by 
the public commenters on the January 2009 Final Rule. The regulatory 
changes proposed by HUD in the October 15, 2009, proposed rule were few 
and the changes focused on addressing issues raised by the commenters 
regarding the purpose of the January 2009 Final Rule, which is full 
implementation of the EIV system. Other issues raised by the commenters 
but extraneous to EIV implementation were deferred for future 
consideration. Specifically, HUD proposed to withdraw the January 2009 
Final Rule amendments to the definition of annual income and to HUD's 
noncitizens regulations and return these provisions to their pre-
January 2009 content.
    On December 29, 2009, (74 FR 68924), HUD published a final rule 
following publication of the October 15, 2009, proposed rule, and 
taking into consideration the public comments received on the proposed 
rule. Consistent with the preceding October 2009, proposed rule, the 
purpose of the December 2009, final rule was to clarify certain 
provisions of HUD's January 2009 Final Rule and to return other 
regulatory provisions to their pre-January 2009, final rule content. 
Although the preamble to the December 29, 2009, final rule clearly 
stated that the December 29, 2009, final rule was rescinding specified 
regulatory changes made by the January 2009 Final Rule, the regulatory 
text of the December 29, 2009, final rule inadvertently omitted the 
corresponding regulatory instruction to that effect.\1\
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    \1\ See e.g. 74 FR at 68924, first column, and 68925, middle 
column.
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    This final rule corrects this omission by formally withdrawing the 
rescinded regulatory amendments, as of the effective date of the 
December 29, 2009, final rule, as intended. Interested readers may 
refer to the preamble of the December 29, 2009, final rule for 
additional information regarding the regulatory changes.

    Dated: January 21, 2010.
Camille E. Acevedo,
Associate General Counsel for Legislation and Regulations.
[FR Doc. 2010-1637 Filed 1-26-10; 8:45 am]
BILLING CODE 4210-67-P