Fair Market Rents for the Section 8 Housing Assistance Payments ProgramFiscal Year 1999

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 888

[Docket No. FR-4362-N-01]

Fair Market Rents for the Section 8 Housing Assistance Payments

Program--Fiscal Year 1999

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of proposed fiscal year (FY) 1999 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 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.

Today's notice proposes revised FMRs that reflect estimated 40th

percentile rent levels trended to April 1, 1999.

DATES: Comments due date: July 6, 1998.

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 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, Operations Division,

Office of Rental Assistance, telephone (202) 708-0477. For technical

information on the development of schedules for specific areas or the

method used for the rent calculations, contact Alan Fox, Economic and

Market Analysis Division, Office of Economic Affairs, telephone (202)

708-0590, Extension 5863 (e-mail: alan--[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 (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.

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). Schedule

B of the proposed FY 1999 FMR schedules at the end of this document

lists the FMR levels for Section 8 existing housing. Schedule D lists

FMRs for the rental of manufactured home spaces in the Section 8

certificate program in areas where modifications based on public

comments have been approved for FMRs greater than 30 percent of the 2-

bedroom FMR.

Method Used To Develop FMRs

FMR Standard

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 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) 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) 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 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

FMRs are established at the higher of the local 40th percentile

rent level or the Statewide average of nonmetropolitan counties,

subject to a ceiling rent cap. The State minimum also affects a small

number of metropolitan areas whose rents would otherwise fall below the

State minimum.

Bedroom Size Adjustments

FMRs have been calculated separately for each bedroom size

category. For areas whose FMRs are based on the State minimums, the

rents for each bedroom size are the higher of the rent for the area or

the Statewide average of nonmetropolitan counties for that bedroom

size. For all other FMR areas, the bedroom intervals are based on data

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for the specific area. Exceptions have been made for some areas with

local bedroom size rent intervals below an acceptable range. For those

areas the intervals selected were the minimums determined after

outliers had been excluded from the distribution of bedroom intervals

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. 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.

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.

Approximately 8,000-12,000 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 proposes FMRs based on RDD surveys conducted in

late-1997 and early-1998 for the following areas:

Proposed FMR Increase Above Normal Update Factor

Early-1998 RDD:

San Francisco, CA

San Jose, CA

Fulton County, IL

Champaign-Urbana, IL

Evansville-Henderson, IN-KY

Finney County, KS

Ford County, KS

Grant County, KS

Seward County, KS

Goodhue County, MN

Kandiyohi County, MN

McLeod County, MN

Meeker County, MN

Wabasha County, MN

Winona County, MN

Asheville, NC

Omaha, NE-IA

Dayton-Springfield, OH

Salt Lake City-Ogden, UT

Green Bay, WI

Morgan County, WV

Raleigh County, WV

Berkeley County, WV

Charleston, WV

Jefferson County, WV

Proposed FMR Decrease

Late-1997 RDD:

Chicago, IL

Bergen-Passaic, NJ

Newark, NJ

Buffalo-Niagara Falls, NY

Early-1998 RDD:

Fresno, CA

Santa Cruz-Watsonville, CA

Bridgeport, CT

Honolulu, HI

Jersey City, NJ

Newburgh, NY-PA

McAllen-Edinburg-Mission, TX

Proposed FMR Increase by Normal Update Factor

Late-1997 RDD:

Riverside-San Bernardino, CA

San Diego, CA

Louisville, KY-IN

Monmouth-Ocean, NJ

Syracuse, NY

Philadelphia, PA-NJ

Milwaukee-Waukesha, WI

Early-1998 RDD:

Oakland, CA

Vallejo-Fairfield-Napa, CA

Ventura, CA

Sarasota-Bradenton, FL

West Palm Beach-Boca Raton, FL

Boise City, ID

Mason County, IL

South Bend, IN

Stevens County, KS

Albany-Schenectady-Troy, NY

Hamilton-Middletown, OH

Tulsa, OK

Eugene-Springfield, OR

Bryan-College Station, TX

AHS Areas

AHSs cover the largest metropolitan areas on a four-year cycle. 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 1999 FMRs incorporate the

results of the 1996 AHSs, as follows:

Proposed FMR Increase Above Normal Update Factor

Cleveland-Lorain-Elyria, OH

Oklahoma City, OK

Memphis, TN-AR-MS

Proposed FMR Decrease

Sacramento, CA

Proposed FMR Increase by Normal Update Factor

Hartford, CT

Atlanta, GA

Indianapolis, IN

St Louis, MO-IL

Seattle-Bellevue-Everett, WA

Manufactured Home Space FMRs

FMRs for the rental of manufactured home spaces are 30 percent of

the applicable Section 8 existing housing program FMR for a two-bedroom

unit. HUD accepts public comments requesting modifications of these

FMRs where the 30 percent FMRs are thought to be inadequate. In order

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

statistically valid survey data that show the 40th percentile space

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

uses the same FMR area definitions for manufactured home space rental

in the Section 8 certificate program as are used to develop the FMRs

for Section 8 existing housing (Schedule B.) 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.

FMRs for Federal Disaster Areas

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

good cause to waive and hereby waives the regulatory requirements that

govern requests for geographic area exception rents for areas that are

declared disaster areas by the Federal Emergency Management Agency

(FEMA). HUD is prepared to grant disaster-related exceptions up to 10

percent above the applicable FMRs in those areas. 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

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is so substantial that it has increased the prevailing rent levels in

the affected area. Such exception rents must be requested in writing by

the responsible PHAs. Exception rents approved by HUD during FY 1999

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

FY 2001 FMRs.

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.

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 actual

two-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. 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 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 Web site, in

WordPerfect format, at the following address: http://

www.huduser.org.

HUD prefers, but does not mandate, the use of RDD telephone

surveys, or the more traditional method described in the survey guide

intended for small PHAs along with the simplified RDD methodology.

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 to verify whether the sample is representative of the

FMR area's rental housing stock.

Local rental housing surveys conducted with alternative methods

must include the following documentation:

--Identification of the 40th percentile gross rent (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 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-type 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 the midpoint of the

applicable fiscal year. 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 one- and 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 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.

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 50.19(c)(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 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:

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Dated: April 29, 1998.

Andrew Cuomo,

Secretary.

Fair Market Rents for the Section 8 Housing Assistance Payments

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: 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 and 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 Section 8 manufactured home spaces in the Section 8

certificate program are 30 percent of the two-bedroom Section 8

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 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 Section 8 existing

housing FMRs. The FMR area definitions used for the rental of

manufactured home spaces in the Section 8 certificate program are the

same as the area definitions used for Section 8 existing FMRs.

4. 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.

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[FR Doc. 98-11853 Filed 5-4-98; 8:45 am]

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