Office of the Assistant Secretary for Public and Indian Housing; Section 8 Tenant-Based Programs: Technical Amendments

SUMMARY: The purpose of this document is to make technical amendments

to the final rule governing the tenant-based rental certificate and

voucher programs. These technical amendments are necessary to add

provisions that were inadvertently omitted from one section of the

earlier final rule, and to clarify the original intent of certain other

provisions. These amendments have the effect of clarifying the

regulations for these programs.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Madeline Hastings, Associate Deputy

Assistant Secretary for the Office of Public and Assisted Housing

Operations, Room 4204, Department of Housing and Urban Development, 451

Seventh Street SW., Washington, DC 20410-7000, telephone (202) 708-1842

(voice) [not a toll-free telephone number]. Hearing or speech-impaired

individuals may access that office by text telephone by dialing 1-800-

877-8339 to use the Federal Information Relay Service. Copies of this

document will be made available on tape or large print for those with

impaired vision that request them. They may be obtained at the above

address.

SUPPLEMENTARY INFORMATION:

I. Background

A. History of Rule

There were two principal rules issued concerning the Section 8

Certificate and Voucher programs in the last two years: The rule

governing admission requirements, establishing subparts A and E,

published on July 18, 1994 (59 FR 36662) and the rule fleshing out part

982 by establishing subparts B-D and G-L, published on July 3, 1995 (60

FR 34660). Since their publication, it has come to the attention of the

Department that several changes that had been intended to be included

in these rules were omitted. These changes are being made in this final

rule.

B. Changes to Rule

Section 982.54, dealing with the administrative plan, is modified

to add provisions to the administrative plan that were inadvertently

omitted in the final rule. While these policies are clearly stated in

other sections of the final regulations, these are policies on matters

for which the HA has discretion to establish local policies and,

therefore, must be included in the administrative plan.

Language in Secs. 982.158, 982.202, 982.205, 982.301, 982.307,

982.353, 982.355, 982.401, 982.451, and 982.551 is revised to clarify

original intent. In addition, a new paragraph (e)(4) is added to

Sec. 982.355 to provide that the administrative fee may be reduced as a

sanction for noncompliance with portability requirements, consistent

with the regulatory sanction for noncompliance with other HA program

responsibilities.

The only change to part 983 is to correct a typographical error

found in Sec. 983.203.

II. Justification for Final Rulemaking

HUD generally publishes a rule for public comment before issuing a

rule for effect, in accordance with its own regulations on rulemaking

in 24 CFR part 10. However, part 10 provides for exceptions to the

general rule if the agency finds good cause to omit advance notice and

public participation. The good cause requirement is satisfied when

prior public procedure is ``impracticable, unnecessary, or contrary to

the public interest'' (24 CFR 10.1). HUD finds that good cause exists

to publish this rule for effect without first soliciting public

comment. HUD believes that it is unnecessary and contrary to the public

interest to delay the effectiveness of the rule for public comment,

since the rule merely makes technical and clarifying changes.

III. Other Matters

Regulatory Flexibility Act

The Secretary, in accordance with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed and approved this rule, and in so doing

certifies that this rule will not have a significant economic impact on

a substantial number of small entities (or any other entities), since

it merely makes technical amendments.

Environmental Impact

A Finding of No Significant Impact with respect to the environment

was made in accordance with HUD regulations in 24 CFR part 50 that

implement section 102(2)(C) of the National Environmental Policy Act of

1969 (42 U.S.C. 4332) with respect to the original Part 982 issued in

1994. This Finding is available for public inspection between 7:30 a.m.

and 5:30 p.m. weekdays in the Office of the Rules Docket Clerk, Office

of General Counsel, Room 10276, Department of Housing and Urban

Development, 451 Seventh Street, SW, Washington, DC.

Executive Order 12612, Federalism

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

of Executive Order 12612, Federalism, has determined that this rule

will not have substantial direct effects on States or their political

subdivisions, or the relationship between the Federal government and

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

the various levels of government, since it only makes technical

amendments.

Executive Order 12606, The Family

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this rule will not have

the potential for significant impact on family formation, maintenance,

or general well-being, and thus is not subject to review under the

Order.

List of Subjects

24 CFR Part 982

Grant programs--housing and community development, Housing, Rent

subsidies, Reporting and recordkeeping requirements.

24 CFR Part 983

Grant programs--housing and community development, Rent subsidies,

Reporting and recordkeeping requirements.

Catalog

The catalog of Federal Domestic Assistance numbers for the programs

affected by this rule are 14.855 (Vouchers), 14.856 (Moderate

Rehabilitation), and 14.857 (Certificates).

Accordingly, parts 982 and 983 of title 24 of the Code of Federal

Regulations, are amended as follows:

[[Page 27163]]

PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR

TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE

PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM

1-3. The authority citation for part 982 continues to read as

follows:

Authority: 42 U.S.C. 1437f and 3535(d).

Sec. 982.54 [Amended]

4. Section 982.54(d) is amended as follows:

a. By adding to paragraph (d)(1) after the word ``preferences'' the

phrase ``(see Secs. 982.202(b)(2) and 982.208(b)), procedures for

removing applicant names from the waiting list,''.

b. By removing from paragraph (d)(15) the word ``and'' after the

semicolon;

c. By removing from paragraph (d)(16) the period at the end of the

sentence and adding in its place a semicolon; and

d. By adding new paragraphs (d)(17), (d)(18) and (d)(19), to read

as follows:

Sec. 982.54 Administrative plan.

* * * * *

(d) * * *

(17) Interim redeterminations of family income and composition;

(18) Restrictions, if any, on the number of moves by a participant

family (see Sec. 982.314(c)); and

(19) Approval by the Board of Commissioners or other authorized

officials to charge the administrative fee reserve.

* * * * *

5. In Sec. 982.158, paragraph (d) is revised to read as follows:

Sec. 982.158 Program accounts and records.

* * * * *

(d) The HA must prepare a unit inspection report.

* * * * *

Sec. 982.202 [Amended]

6. In Sec. 982.202, the heading of paragraph (a) is revised to read

``Waiting list admissions and special admissions.''

7. In Sec. 982.202, the second sentence of paragraph (b)(2) is

revised to read as follows:

Sec. 982.202 How applicants are selected: General requirements.

* * * * *

(b) * * *

(2) * * * However, the HA may target assistance for families who

live in public housing or other federally assisted housing, or may

adopt a HUD-approved residency preference (see Sec. 982.208).

* * * * *

8. In Sec. 982.205, the section heading and paragraph (a)(1) are

revised to read as follows:

Sec. 982.205 Waiting list: Single list; area covered.

(a) * * *

(1) An HA must use a single waiting list for admissions to its

tenant-based certificate and voucher programs. The HA may use a

separate waiting list for such admissions for an area not smaller than

a county or municipality.

* * * * *

Sec. 982.301 [Amended]

9. In Sec. 982.301, paragraph (b) is amended as follows:

a. Paragraph (b)(4) is removed and the remaining paragraphs are

redesignated (b)(4) through (b)(16); and

b. In redesignated paragraph (b)(10), the word ``HUD'' is removed

and the word ``HUD-required'' is added in its place.

Sec. 982.307 [Amended]

10. In Sec. 982.307, paragraph (b)(1)(i) is amended by adding ``and

prior'' after the word ``current''.

Sec. 982.353 [Amended]

11. In Sec. 982.353(b), the first sentence is amended by removing

the reference to ``paragraph (c)'' and adding in its place a reference

to ``paragraph (c) or (d)''.

12. Section 982.355 is amended as follows:

a. Paragraph (b)(2) is revised;

b. A new paragraph (b)(3) is added;

c. A new sentence is added at the end of paragraph (e)(3);

d. The third sentence of paragraph (e)(5) is removed; and

e. Paragraph (e)(4) is revised, to read as follows:

Sec. 982.355 Portability: Administration by receiving HA.

* * * * *

(b) * * *

(2) If the family was receiving assistance under the initial HA

certificate program, but is ineligible for admission to the voucher

program, a receiving HA must provide continued assistance under the

certificate program. If the family was receiving assistance under the

initial HA voucher program, but is ineligible for admission to the

certificate program, a receiving HA must provide continued assistance

under the voucher program.

(3) If a receiving HA is absorbing the family into its own program

(i.e., providing assistance without billing the initial HA), the

receiving HA has the choice of assisting the family under either the

certificate or voucher program. If a receiving HA is not absorbing the

family into its own program, the receiving HA must assist the family

under the same program (certificate program or voucher program) as the

initial HA.

* * * * *

(e) * * *

(3) * * * If both HAs agree, the HAs may negotiate a different

amount of reimbursement.

(4) HUD may reduce the administrative fee to an initial or

receiving HA if the HA does not comply with HUD portability

requirements.

* * * * *

13. In Sec. 982.401, paragraph (j)(3)(iv)(B) is revised to read as

follows:

Sec. 982.401 Housing quality standards (HQS).

* * * * *

(j) * * *

(3) * * *

(iv) * * *

(B) The entrance and hallway providing access to a unit in a multi-

unit building; and

* * * * *

Sec. 982.451 [Amended]

14. In Sec. 982.451, the third sentence of paragraph (c)(5) is

amended by adding ``another source is'' after the word ``unless''.

15. In Sec. 982.551, paragraph (h)(2) is amended by adding a

sentence at the end to read as follows:

Sec. 982.551 Obligations of participant.

* * * * *

(h) * * *

(2) * * * No other person [i.e., nobody but members of the assisted

family] may reside in the unit (except for a foster child or live-in

aide as provided in paragraph (h)(4) of this section).

PART 983--SECTION 8 PROJECT-BASED CERTIFICATE PROGRAM

16. The authority citation for part 983 continues to read as

follows:

Authority: 42 U.S.C. 1437f and 3535(d).

Sec. 983.203 [Amended]

17. In Sec. 983.203(a)(5), the word ``Has'' is removed and the word

``HAs'' is added in its place.

Dated: May 10, 1996.

Michael B. Janis,

General Deputy Assistant Secretary for Public and Indian Housing.

[FR Doc. 96-13240 Filed 5-29-96; 8:45 am]

BILLING CODE 4210-33-P