Fair Market Rents for the Section 8 Housing Assistance Payments ProgramFiscal Year 1996

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 for the Section 8 Rental

Certificate program (including space rentals by owners of manufactured

homes under that program); the Moderate Rehabilitation Single Room

Occupancy program; housing assisted under the Loan Management and

Property Disposition programs; payment standards for the Rental Voucher

program; and any other programs whose regulations specify their use.

This document provides the proposed FY 1996 FMRs at the 40th

percentile level. On March 2, 1995, HUD published the proposed rule to

revise 24 CFR part 888 to change the FMR rent standard from the 45th to

40th percentile rent level. That change was published in final on

August 15, 1995 and made effective on September 14, 1995. The final FY

1995 FMRs at the 40th percentile level also were made effective on the

same date in a separate document. That document included revised FMRs

for 131 areas that had submitted public comments HUD determined

provided a sufficient basis for such revision. In addition five areas

were added to Schedule D on the basis of surveys submitted on

manufactured home space rentals.

Because of the delay in publishing the proposed FY 1996 FMRs, the

comment period will extend beyond the October 1 statutory date for

publishing final FMRs. Therefore, there will be two final FY 1996 FMR

publications. The first publication will make the FMRs contained in

this document effective, except for the small number of areas with

proposed FMR decreases, which will continue to use the FY 1995 FMRs

until the Department has had the opportunity to assess any comments on

these reductions. The second publication, to be issued early next year,

will announce revised final FMRs for the areas for which HUD has made a

determination that the rental housing surveys submitted provided a

sufficient basis for such revision.

DATES: Comments due date: October 16, 1995.

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. Communications should refer to the above docket number and title

and should contain the information specified in Section VI. 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 J. Benoit, Rental Assistance

Division, Office of Public and Indian Housing, telephone (202) 708-

0477. (TDD: (202) 708-0850). For technical information on the

development of schedules for specific areas or the method used for the

rent calculations, contact Michael R. Allard, Economic and Market

Analysis Division, Office of Economic Affairs, telephone (202) 708-0577

(TDD: (202) 708-0770). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

I. Background

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 decent, safe, and sanitary housing. Assistance

payments are limited by FMRs established by HUD for different areas. 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.

II. Publication of FMRs

Section 8(c) of the Act requires the Secretary of HUD to publish

FMRs periodically, but not less frequently than annually. The

Department's regulations provide that HUD will develop FMRs by

publishing proposed FMRs for public comment and after evaluating the

public comments, publish the final FMRs (see 24 CFR 888.115). The

proposed FY 1996 FMR schedules at the end of this document list the FMR

levels for the Rental Certificate program (Schedule B), and for the

areas where the manufactured home space FMRs have had modifications

approved (Schedule D).

III. Method used to Develop FMRs

FMR Standard

The FMRs are gross rent estimates; they include shelter rent 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. The level at which FMRs are set

is expressed as a percentile point within the rent distribution of

standard quality rental housing units. The current definition used is

the 40th percentile rent, the dollar amount below which 40 percent of

the standard quality rental housing units rent. The 40th percentile

rent is drawn from the distribution of rents of units which are

occupied by recent movers (renter households who moved into their unit

within the past 15 months). Newly built units less than two years old

are excluded, and adjustments have been made to correct for the below

market rents of public housing units included in the data base.

Data Sources

HUD uses 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) the Bureau of the Census' American Housing Surveys (AHSs),

which are used to develop between-Census revisions for the largest

metropolitan areas and which have accuracy comparable to the decennial

Census; and

(3) the 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.

The base-year FMRs are updated using trending factors based on

Consumer Price Index (CPI) data for rents and utilities or HUD regional

rent change factors developed from RDD surveys. Annual average CPI data

are available individually for 102

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metropolitan FMR areas. RDD Regional rent change factors are developed

annually for the metropolitan and nonmetropolitan parts of each of the

10 HUD geographical 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.

FY 1996 FMRs

This document proposes revised FMRs that reflect estimated 40th

percentile rent levels trended to April 1, 1996. The FMRs have been

calculated separately for each bedroom size category based on 1990

Census data. For most FMR areas, the ratios developed from the Census

for that area were applied to the two-bedroom FMR estimate to derive

the FMRs for the other bedroom size categories. Exceptions have been

made for areas with local bedroom size rent intervals below an

acceptable range. For those areas the bedroom size intervals selected

were the minimums determined after outliers had been excluded from the

distribution of bedroom ratios for all metropolitan areas. Higher

ratios continue to be used for three-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.

RDD Surveys

RDD surveys are used to obtain statistically-reliable FMR estimates

for selected FMR areas. This survey technique involves drawing random

samples of renter units occupied by recent movers. RDD surveys exclude

public housing units, units built in the past two years, seasonal

units, non-cash rental units, and those owned by relatives. 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.

On average, about 8,000 telephone numbers need to be contacted to

achieve the target survey sample level of at least 400 eligible

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 will be within 5 percent of

the actual value.

Since last year's proposed FMRs were published (the FY 1995

proposed FMRs were published on June 23, 1994), HUD has conducted 39

additional RDD surveys. Based on the results of these surveys,

increased FMRs were made effective for 14 FMR areas in the separate

Notice announcing the final FY 1995 FMRs. Today's Notice proposes

reduced FMRs for the other 25 areas listed as follows:

Atlantic-Cape May, NJ

Bergen-Passaic, NJ

Bridgeport, CT

Dayton-Springfield, OH

Evansville-Henderson, IN-KY

Fitchburg-Leominster, MA

Fort Lauderdale, FL

Hartford, CT

Honolulu, HI

Jackson, MS

Jersey City, NJ

Las Vegas, NV

Miami, FL

Middlesex-Somerset-Hunterdon, NJ

Modesto, CA

Monmouth-Ocean, NJ

Newark, NJ

Omaha, NE-IA

Salinas, CA

Santa Rosa, CA

Stamford, CT

Trenton, NJ

Vallejo-Fairfield-Napa, CA

Ventura, CA

West Palm Beach-Boca Raton, FL

AHS Areas

AHSs cover the largest metropolitan areas on a four-year cycle,

encompassing nearly half of the nation's rental housing stock. The 40th

percentile rents for these areas are calculated from the distributions

of two-bedroom units occupied by recent movers. Public housing units,

newly constructed units and units that fail a housing quality test are

excluded from the rental housing distributions before the FMRs are

calculated. The proposed FY 1996 FMRs incorporate the results of the

1993 AHSs. Based on the survey results, the FMRs for 6 of these areas

are being proposed with decreases in today's Notice:

Boston, MA-NH

Oakland, CA

San Jose, CA

San Francisco, CA

Tampa-St. Petersburg-Clearwater, FL

Washington, DC-MD-VA-WV

The AHS results for Detroit, MI and Minneapolis-St. Paul, MN-WI,

indicated that no change was warranted in the baseline FMRs. These two

areas, therefore, had their FMRs updated in the normal manner.

New MSAs

This notice includes proposed FMRs for two new metropolitan FMR

areas based on new metropolitan area definitions made effective by OMB

on June 30, 1995:

--Grand Junction, CO MSA, which consists of Mesa County; and

--Flagstaff, AZ which consists of Coconino County AZ. The MSA consists

of Coconino and Kane County, Utah. HUD has determined, however, that

the Flagstaff FMR area shall consist only of Coconino County AZ. The

Utah County of Kane is so far removed from the Flagstaff area that it

is not considered to be part of the housing market area. Kane County

therefore is identified as a separate metropolitan FMR area under the

State of Utah listing.

IV. State Minimum FMRs

In response to numerous public inquiries expressing concern that

the FMRs in rural areas are too low to operate the program

successfully, HUD is proposing to implement a new minimum FMR policy.

The new policy would establish the FMRs at the higher of the local FMR

or the State-wide average FMR of nonmetropolitan counties, subject to a

ceiling rent cap of $450 on the nonmetropolitan State averages. In

proposing this change, HUD is recognizing the difficulty that small

PHAs in lightly populated rural areas have in developing valid FMR

appeals and the concern that their FMRs may be affected by small sample

sizes and a higher incidence of substandard housing and assisted

housing with below market rents.

The procedure for setting minimum FMRs now in effect has increased

the FMRs for areas with fewer than 100 Census interview cases to the

level of the county in the State with the lowest rent of all counties

with 100 or more cases. The proposed new procedure to establish FMR

minimums using the State nonmetropolitan averages would raise the

minimums considerably above those currently in effect for many

nonmetropolitan counties. A small number of metropolitan FMR areas also

would have their FMRs increased. There is precedent for this procedure

in that HUD already is required by law to use nonmetropolitan State

median family income averages to set the income limits for the

Department's assisted housing programs, including the Section 8

Existing program.

V. FMRs for Puerto Rico

HUD is in the process of re-benchmarking the FMRs for Puerto Rico.

While the current FMRs are higher than indicated by the 1990 Census,

there is concern that strict reliance on the Census data to establish

the FMRs may

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not be appropriate because the housing quality measures for Puerto Rico

are inadequate. To obtain additional information on this matter, HUD

conducted specially designed RDD surveys of the San Juan, Mayaguez and

Caugas FMR areas. These surveys were modified by adding housing quality

questions to account for the greater incidence of substandard rental

housing in Puerto Rico. The surveys of San Juan and Caugas found FMR

estimates higher than 1990 Census-based estimates, but lower than the

current FMRs. The results of the Mayaguez survey suggested that the

current FMRs were correct.

Based on the RDD survey results, HUD is proposing reduced FMRs for

the San Juan and Caugas areas and a small increase reflecting the

normal inflation adjustment for the Mayaguez area. Pending completion

of the scheduled RDDs, the FMRs for the Arecibo, Aguadilla, and Ponce

areas are being proposed with changes similar to those indicated by RDD

results of the areas in Puerto Rico with comparable rents. The FMRs of

the nonmetropolitan FMR areas are being held at the current levels,

except for Isabella and Quebradillas Municipios, which, because they

are no longer part of a metropolitan area, have their FMRs proposed at

levels consistent with the other nonmetropolitan areas.

Because the surveys confirmed the concern about the accuracy of the

FMRs for Puerto Rico, HUD has decided to conduct additional RDD surveys

of the three other metropolitan FMR areas--Arecibo, Aguadilla, and

Ponce--and of the nonmetropolitan areas. Results of these surveys will

be available in time to be incorporated into the second final

publication of the FY 1996 FMRs.

VI. Manufactured Home Space FMRs

Manufactured home space FMRs are 30 percent of the applicable

Section 8 Rental Certificate program FMR for a two-bedroom unit. HUD

accepts public comments requesting modifications of these FMRs where

they are thought to be inadequate to run the program. In order to be

accepted as a basis for revising the FMRs, such comments must contain

statistically valid survey data that show the 40th percentile space

rent (excluding the cost of utilities) for the entire FMR area. This

program uses the same FMR area definitions as the Section 8 Rental

Certificate program. 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 update the Rental

Certificate program FMRs.

VII. FMRs for Federal Disaster Areas

Under the authority granted in 24 CFR part 899, the Secretary finds

good cause to waive the regulatory requirements that govern requests

for geographic area FMR exceptions for areas that are declared disaster

areas by the Federal Emergency Management Agency (FEMA) during FY 1996.

HUD is prepared to grant disaster-related exceptions up to 10 percent

above the applicable FMRs. HUD field offices are authorized to approve

such exceptions for: (1) single-county FMR areas and for individual

county parts of multi-county FMR areas that qualify as disaster areas

under the Robert T. Stafford Disaster Relief and Emergency Assistance

Act; if (2) the PHA certifies that damage to the rental housing stock

as a result of the disaster is so substantial that it has increased the

prevailing rent levels in the affected area. Such exceptions must be

requested in writing by the responsible PHAs. Once approved by HUD,

they will remain in effect until superseded by the publication of the

final FY 1998 FMRs.

VIII. 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 of the bedroom-size categories on the

schedule. Recommendations and supporting data must reflect the rent

levels that exist within the entire FMR area.

The Department also seeks comments on the proposal to establish

State minimum FMRs at the State-wide average of FMRs for

nonmetropolitan counties, subject to a maximum ceiling rent of $450.

This proposal may be subject to change, based on further analysis and

public comments.

HUD recommends use of professionally-conducted Random Digit Dialing

(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 $10,000-$12,000. Areas with 500 or more program units usually

meet this criterion, and areas with fewer units may meet it if the

actual two-bedroom FMR rent standard is significantly different than

that 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. All grouped county surveys must be

approved in advance by HUD. PHAs are cautioned that the resultant 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 cluster 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 Public Housing Agencies in Preparing Fair Market Rent

Comments.'' Smaller PHAs should obtain ``Rental Housing Surveys; A

Guide to Assist Smaller Public Housing Agencies in Preparing Fair

Market Rent Comments.''

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 as long as the

surveys submitted 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.

Local rental housing surveys conducted with alternative methods

must include the same type of documentation required of the RDD

surveys. Specifically, PHA submissions must include:

--Identification of the 40th percentile gross rents (gross rent is rent

including the cost of utilities) and the actual distribution (or

distributions if more than one bedroom size is surveyed) of the

surveyed units rank ordered by gross rent.

--An explanation of how the rental housing sample was drawn and a

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copy of the survey questionnaire, transmittal letter, and any publicity

materials.

--An explanation of how the contract rents of the individual units

surveyed were converted to gross rents. (For RDD surveys HUD requires

use of the Section 8 utility allowance schedule.)

--An explanation of how the survey excluded units built within two

years prior to the survey date.

--The date the rent data were collected so that HUD can apply a

trending factor to update the estimate to April 1, 1996. If the survey

has already been trended to this date, the date the survey was

conducted and a description of the trending factor used.

--Copies of all survey sheets.

Since FMRs are based on standard quality units and units occupied

by recent movers, both of which are difficult to identify and survey,

HUD will accept surveys of all rental units and apply appropriate

adjustments.

Most surveys cover only two-bedroom units, in which case HUD will

make the adjustments for other size units consistent with the

differentials established on the basis of the 1990 Census data for the

FMR area. When three- and four-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 by 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.

IX. Other Matters

A Finding of No Significant Impact with respect to the environment

as required by the National Environmental Policy Act (42 U.S.C. 4321-

4374) is unnecessary, since the Section 8 Rental Certificate program is

categorically excluded from the Department's National Environmental

Policy Act procedures under 24 CFR 50.20(d).

The undersigned, in accordance with the Regulatory Flexibility Act

(5 U.S.C. 605(b)), hereby certifies that this Notice does not have a

significant economic impact on a substantial number of small entities,

because FMRs do not change the rent from that which would be charged if

the unit were not in the Section 8 program.

The General Counsel, as the Designated Official under Executive

Order No. 12606, The Family, has determined that this Notice will not

have a significant impact on family formation, maintenance, or well-

being. The Notice amends Fair Market Rent schedules for various Section

8 assisted housing programs, and does not affect the amount of rent a

family receiving rental assistance pays, which is based on a percentage

of the family's income.

The General Counsel, as the Designated Official under section 6(a)

of Executive Order No. 12611, Federalism, has determined that this

Notice will not involve the preemption of State law by Federal statute

or regulation and does not have Federalism implications. The Fair

Market Rent schedules do not have any substantial direct impact on

States, on the relationship between the Federal government and the

States, or on the distribution of power and responsibility among the

various levels of government.

The Catalog of Federal Domestic Assistance program number is

14.156, Lower-Income Housing Assistance Program (section 8).

Accordingly, the Fair Market Rent Schedules, which will be codified

in 24 CFR Part 888, are amended as follows:

Dated: August 4, 1995.

Henry G. Cisneros,

Secretary.

Fair Market Rents for the Section 8 Housing Assistance Payments Program

Schedules B and D--General Explanatory Notes

1. Geographic Coverage

a. The FMRs shown in Schedule B incorporate 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. 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.

b. The exceptions are counties deleted from seven large

metropolitan areas whose revised OMB 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

Atlanta, GA--Carroll, Pickens, and Walton Counties.

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.

Lafayette, LA--St. Landry and Acadia Parishes.

New Orleans, LA--St. James Parish.

Washington, DC--Berkeley and Jefferson Counties in West Virginia; and

Clarke, Culpepper, King George and Warren counties in Virginia.

c. 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. 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

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

Allegheny........................ Clifton Forge and Covington

Augusta.......................... Staunton and Waynesboro

Carroll.......................... Galax

Frederick........................ Winchester

Greensville...................... Emporia

Halifax.......................... South Boston

Henry............................ Martinsville

Montgomery....................... Radford

Rockbridge....................... Buena Vista and Lexington

Rockingham....................... Harrisonburg

Southhampton..................... Franklin

Wise............................. Norton

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

e. FMRs for Section 8 manufactured home spaces are 30 percent of

the two-bedroom Section 8 Rental Certificate program FMRs, with the

exception of the areas listed in Schedule D whose manufactured home

space FMRs have been revised on the basis 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 Rental Certificate program FMRs. The FMR area definitions

used for manufactured home spaces are the same as for the Section 8

Certificate program.

2. Arrangement of FMR Areas and Identification of Constituent Parts

a. The FMR areas in Schedule B are listed alphabetically by

metropolitan

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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.

e. The FMRs are listed by dollar amount on the first line beginning

with the FMR area name.

BILLING CODE 4210-32-P

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[FR Doc. 95-19836 Filed 8-14-95; 8:45 am]

BILLING CODE 4210-32-P