Quality Housing and Work Responsibility Act of 1998; Status of Implementation; Guidance

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4434-N-05]

Quality Housing and Work Responsibility Act of 1998; Status of

Implementation; Guidance

AGENCY: Office of the Assistant Secretary for Public and Indian

Housing, HUD.

ACTION: Notice.

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SUMMARY: On October 21, 1998, President Clinton signed into law the

Quality Housing and Work Responsibility Act of 1998 (the ``Public

Housing Reform Act''). This statute embodies many of the reforms of the

HUD 2020 Management Reform Plan that are directed at revitalizing and

improving HUD's public housing and Section 8 assistance programs. This

notice updates the public on HUD's overall implementation of the Public

Housing Reform Act and identifies where existing implementation

guidance may be found, with respect to the provisions regarding public

housing and tenant-based assistance. This notice also provides further

implementation guidance on those provisions of the Public Housing

Reform Act that are effective on October 1, 1999 or on October 21,

1999.

FOR FURTHER INFORMATION CONTACT: For further information regarding

public housing and the Section 8 certificate, voucher and moderate

rehabilitation programs contact Stephen I. Holmquist, Office of Policy,

Program and Legislative Initiatives, Office of Public and Indian

Housing, Department of Housing and Urban Development, 451 Seventh

Street, SW, Room 4116, Washington, DC, 20410; telephone (202) 708-0713

(this is not a toll-free number).

Persons with hearing or speech impairments may access that number

via TTY by calling the Federal Information Relay Service at (800) 877-

8339. Program specialists for more specific HUD program areas are

listed on the HUD web page at http://hudweb.hud.gov/offices.html.

SUPPLEMENTARY INFORMATION:

I. Introduction

On October 21, 1998, President Clinton signed into law the Quality

Housing and Work Responsibility Act of 1998 (Public Law 105-276, 112

Stat. 2461) (the ``Public Housing Reform Act'') as part of the fiscal

year 1999 HUD appropriations act. The Public Housing Reform Act makes

extensive amendments to the United States Housing Act of 1937 (the

``1937 Act''), which generally governs HUD's public housing and tenant-

based Section 8 housing assistance programs. Certain provisions of the

Public Housing Reform Act became effective immediately on enactment

(October 21, 1998). Most provisions, however, became effective on

October 1, 1999, although some provisions become effective on October

21, 1999 (one year from enactment) or on other specified dates.

On February 18, 1999 (64 FR 8192), HUD published a Notice of

Initial Guidance on the Public Housing Reform Act to advise the public

of those provisions that were effective immediately and of action that

may or should be taken at that point. The Notice also provided guidance

on certain other provisions in the fiscal year 1999 HUD appropriations

act that affect the public housing and Section 8 programs. Since

publication of the February 18, 1999 notice, HUD has published numerous

other notices and proposed, interim, and final rules to implement the

Public Housing Reform Act.

This notice updates the public on HUD's overall implementation of

the Public Housing Reform Act and identifies where existing

implementation guidance may be found, with respect to the provisions

regarding public housing and tenant-based assistance. The notice also

provides further implementation guidance on those provisions of the

Public Housing Reform Act that became effective on October 1, 1999, or

on October 21, 1999.

Some of the Public Housing Reform Act provisions do not require HUD

rulemaking, while others are the subject of rulemaking that is still in

progress. For rulemaking that is still in progress, this notice

provides guidance that Public Housing Agencies (PHAs) should follow

until HUD completes rulemaking. Unless provided otherwise in this

Notice published today, PHAs that follow HUD's guidance will not be

[[Page 71800]]

penalized for any changes made later in the rulemaking process. If

changes are made later in the rulemaking process, HUD will provide

adequate time for PHAs to adjust their policies accordingly.

II. Summary of Rulemakings Undertaken Under the Public Housing

Reform Act

In addition to the Notice of Initial Guidance, published on

February 18, 1999, and an update to that Notice, published on April 30,

1999 (64 FR 23344), the following rulemaking has occurred under the

Public Housing Reform Act. (The reference to public comments received

on the rules refer to written comments received on the rules by the

public comment deadline. The number of comments does not include the

comments raised at the public forums held on the Public Housing Agency

Plan rule and the Section 8 Certificate and Voucher Merger rule.

Additionally, the number does not include late comments. Although

comments were received late on several rules, HUD made every effort to

look at all comments and consider all issues raised.)

Final Rules

1. Public Housing Agency Plans. The final rule was published on

October 21, 1999 (64 FR 56844). HUD received 52 public comments on the

interim rule published on February 18, 1999 (64 FR 8170); in addition,

public forums were held in Atlanta, GA, Omaha, NE, Syracuse, NY, and

Washington, DC.

2. Statutory Merger of the Section 8 Certificate and Voucher

Programs (Housing Choice Voucher Program). The final rule was published

on October 21, 1999 (64 FR 56894). An amendment to the final rule was

published on November 3, 1999 (64 FR 59620). HUD received 93 public

comments on the interim rule published on May 14, 1999 (64 FR 26632);

in addition, public forums were held in Omaha, NE; Syracuse, NY; and

Washington, DC.

3. Renewals of Section 8 Tenant-Based Assistance Contracts. The

final rule for Renewals of Section 8 Tenant-Based Assistance Contracts,

developed through negotiated rulemaking, was published on October 21,

1999 (64 FR 56882). (The preamble to the October 21, 1999 final rule

includes a discussion of the negotiated rulemaking process, lists the

committee members, and provides the twelve dates of the negotiated

rulemaking committee meetings.) The notice for calendar year 1999

renewals was published on February 18, 1999 (64 FR 8188). This notice

followed a direct notice issued by HUD's Office of Public and Indian

Housing on December 31, 1998, in accordance with the statute.

4. Revised Restrictions on Assistance to Noncitizens. The final

rule was published on May 12, 1999 (64 FR 25726). HUD received 22

public comments on the interim rule published on November 29, 1996 (61

FR 60535).

5. Comprehensive Improvement Assistance Program (CIAP). The final

rule was published on June 23, 1999 (64 FR 33636). This allowed HUD to

distribute the funds by formula in fiscal year 1999, one year before

the statute required the distribution of funds by formula. HUD received

18 public comments on the proposed rule published on April 30, 1999 (64

FR 23484). The final rule covers funding distribution for fiscal year

1999.

6. Public Housing Drug Elimination Program (PHDEP) Formula

Allocation. The final rule was published on September 14, 1999 (64 FR

49900). This allowed HUD to distribute the funds by formula in fiscal

year 1999, one year before the statute required distribution of funds

by formula. HUD received 26 public comments on the proposed rule

published on May 12, 1999 (64 FR 25736). HUD received 60 public

comments on the Advance Notice of Proposed Rulemaking published on

February 18, 1999 (64 FR 8210).

7. Required Resident on the PHA Board of Commissioners or Similar

Governing Body. The final rule was published on October 21, 1999 (64 FR

56870). HUD received 71 public comments on the proposed rule published

on June 23, 1999 (64 FR 33644).

Proposed Rules (Final Rule Not Yet Published)

1. Changes to Admissions, Rents and Occupancy Requirements in the

Public Housing and Section 8 Programs. The proposed rule was published

on April 30, 1999. HUD received 113 public comments on the proposed

rule.

2. Section 8 Homeownership Vouchers. The proposed rule was

published on April 30, 1999 (64 FR 23488). HUD received 93 public

comments on this proposed rule.

3. Amendments to the Public Housing Assessment System (PHAS). The

proposed rule was published on June 22, 1999 (64 FR 33348). HUD

received 29 public comments on the proposed rule. On October 21, 1999

(64 FR 56676), HUD published a notice advising that HUD would provide

transition assistance to the PHAS for PHAs with fiscal years ending

September 30, 1999, or December 31, 1999. For these PHAs, no PHAS score

would be issued for fiscal years ending September 30, 1999, and

December 31, 1999. Instead these PHAs would receive an assessment

solely on the basis of their management operations in accordance with

subpart D of the PHAS regulation (24 CFR part 902). PHAs with fiscal

years ending after December 31, 1999, would be issued PHAS scores.

4. Pet Ownership in Public Housing. The proposed rule was published

on June 23, 1999 (64 FR 33640). HUD received 3,777 public comments on

the proposed rule. In addition to comments received by the public

comment deadline, HUD continued to receive public comments on this rule

several weeks after the deadline. These post-deadline comments numbered

approximately 3,000.

5. One Strike Screening and Eviction for Drug Abuse and Other

Criminal Activity. The proposed rule was published on July 23, 1999 (64

FR 40262). HUD received 29 public comments on the proposed rule.

6. Required Conversion of Developments from Public Housing Stock.

The proposed rule was published on July 23, 1999 (64 FR 40232). HUD

received 5 public comments on the proposed rule.

7. Voluntary Conversion of Developments from Public Housing Stock.

The proposed rule was published on July 23, 1999 (64 FR 40240). HUD

received 6 public comments on the proposed rule.

8. Allocation of Funds Under the Capital Fund. The proposed rule

was developed through negotiated rulemaking and published on September

14, 1999 (64 FR 49924). (The preamble to the September 14, 1999

proposed rule includes a discussion of the negotiated rulemaking

process, lists the committee members, and provides the sixteen dates of

the negotiated rulemaking committee meetings.) HUD received 10 public

comments on the proposed rule.

9. Consortia of Public Housing Agencies and Joint Ventures. The

proposed rule was published on September 14, 1999 (64 FR 49940). The

public comment period for this rule closed on November 15, 1999. HUD

received 6 public comments on the proposed rule.

10. Public Housing Homeownership Program. The proposed rule was

published on September 14, 1999 (64 FR 49932). The public comment

period for this rule closed on November 15, 1999. HUD received 12

public comments on the proposed rule.

11. Direct Funding of Resident Management Corporations. The

proposed rule was published on October

[[Page 71801]]

21, 1999 (64 FR 56890). The proposed rule provides for a 60-day public

comment period.

Proposed Rules Under Development

The following proposed rules are under development and have not yet

been published:

1. Public Housing Capital Fund. This rule will establish regulatory

provisions concerning the Public Housing Capital Fund other than the

formula.

2. Public Housing Mixed Finance. This rule will implement section

539 of the Public Housing Reform Act, as further discussed below.

3. Public Housing Demolition/Disposition. This rule will implement

more fully section 531 of the Public Housing Reform Act, as further

discussed below.

4. Allocation of Funds Under the Public Housing Operating Fund.

This is a proposed rule to be developed using negotiated rulemaking

procedures.

In addition to these proposed rules, HUD also expects to publish a

proposed rule on tenant participation in public housing, which will

amend the existing tenant participation regulations in 24 CFR part 964,

and may determine that other rulemakings related to the Public Housing

Reform Act are desirable.

III. Summary Chart of Status and Guidance

The following chart summarizes the HUD guidance issued to date on

each section of the Public Housing Reform Act covered by this Notice.

The chart should be read in conjunction with the narrative which

follows in the next section.

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Implemented by

February 18, 1999--

Statutory section Notice of Initial Proposed rule Interim rule Final rule Additional information

Guidance

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Sec. 503(c) Technical Report containing

Recommendations. proposals for technical

and conforming

legislative changes was

submitted to the

Congress on July 23,

1999.

Sec. 503(d) List of Obsolete The required Federal

Documents. Register notice was

published on October 1,

1999 (64 FR 53400).

Sec. 505 Declaration of Policy June 23, 1999 (64 FR October 21, 1999 (64 Rulemaking implemented

and Public Housing Agency 33644). FR 56870). the statutory

Organization. requirement that the

governing board of each

PHA, with certain

exceptions, contain at

least one member who is

directly assisted by the

PHA.

Sec. 506 Definitions............. Statutory changes were

incorporated in HUD

rulemakings implementing

the Public Housing

Reform Act, as

appropriate.

Sec. 507 Minimum Rent............ Yes.................. Part of Admissions In development. Section 507 was effective

and Occupancy upon enactment.

proposed rule

published on April

30, 1999 (64 FR

23459).

Sec. 508 Determination of Part of Admissions In development. Partial implementation

Adjusted Income and Median Income. and Occupancy was required by August

rulemaking. 6, 1999 Notice of

Guidance on Public

Housing Rent Policies

(64 FR 42956).

Sec. 509 Family Self-Sufficiency Yes.................. Part of Admissions In development......

Program. and Occupancy

rulemaking.

Sec. 510 Prohibition on Use of Self-implementing; no

Funds. rulemaking required.

Sec. 511 Public Housing Agency February 18, 1999 (64 October 21, 1999 (64 Additional guidance

Plans. FR 8170). FR 56844). provided in PIH Notices

99-33 and 99-51. HUD

expects to provide

further information and

direction.

Sec. 512 Community Service and Yes, as to changes to Part of Admissions In development......

Family Self-Sufficiency welfare-related and Occupancy

Requirements. programs rulemaking.

requirements (see

amended subsection

12(d) of the 1937

Act).

[[Page 71802]]

Sec. 513 Income Targeting for Yes.................. Part of Admissions Part of PHA Plan Admissions and

Public Housing and Tenant-Based and Occupancy rulemaking, with Occupancy final

Section 8 Assistance. rulemaking. regard to rule in development.

deconcentration (see

section 511).

Part of Section 8 Part of PHA Plan

Merger Interim rule rulemaking, with

with regard to regard to

Section 8 vouchers. deconcentration

The interim rule was (see section 511).

published on May 14,

1999 (64 FR 26632)

(see section 545).

Final Section 8

Merger rule

published on

October 21, 1999

(64 FR 56894) (see

section 545).

Sec. 514 Repeal of Federal Yes.................. Part of Admissions Part of Section 8 Admissions and

preferences. and Occupancy Merger rulemaking Occupancy final

rulemaking (for (for Section 8 rule in

public housing and tenant-based development.

Section 8 project vouchers) (See

based assistance). section 545).

Part of Section 8

Merger rulemaking

(See section 545).

Sec. 515 Joint Ventures and September 14, 1999 In development. See specific additional

Consortia of PHAs. (64 FR 49940). guidance below.

Sec. 516 Public Housing Agency Rulemaking in

Mortgages and Security Interests. development. See

specific additional

guidance below.

Sec. 517 Mental Health Action Development of action

Plan. plan and compliance with

other statutory

requirements has begun.

Sec. 518(b) Local Notification... No rulemaking necessary,

but additional

elaboration may be

provided in Capital Fund

program (non formula)

rulemaking (see section

519).

Sec. 519:

1. Capital Fund formula September 14, 1999 In development. See specific additional

(64 FR 49924). guidance below.

2. Capital Fund program (non- In development. See specific additional

formula). guidance below.

Sec. 519 Operating Fund.......... Yes (transition Negotiated proposed See specific additional

provisions). rule in development. guidance below.

Sec. 519 Other Provisions........ Yes.................. See specific additional

guidance below.

Sec. 520 Total Development Cost.. In development....... Guidance also provided in

PIH Notice 99-17.

Sec. 521 Sanctions for Improper HUD will cross-reference

Use of Amounts. this sanction authority

in its program

regulations, as

appropriate.

[[Page 71803]]

Sec. 522 Repeal of Modernization Guidance provided in the

Fund. March 23, 1999 HUD-CPD

memorandum on the

``Impacts of the 1999

Appropriations Act on

HOME and SHOP'', and the

March 25, 1999

clarifying memorandum on

the same subject. See

specific additional

guidance below.

Sec. 523 Family Choice of Rental Discussed but not Part of Admissions In development. Implementation required

Payment. implemented. and Occupancy by the August 6, 1999

rulemaking. Notice of Guidance on

Public Housing Rent

Policies.

Sec. 524 Occupancy by Police Yes.................. Part of Admissions In development. .........................

Officers and Over-Income Families. and Occupancy

rulemaking.

Sec. 525 Site-Based Waiting Lists Part of PHA Plan Part of PHA Plan .........................

rulemaking (see rulemaking (see

section 511). section 511).

Sec. 526 Pet Ownership........... June 23, 1999 (64 FR In development. .........................

33640).

Sec. 529 Contract Provisions..... No rulemaking required;

to be implemented

through amendments to

Annual Contributions

Contracts (ACCs).

Sec. 530 Housing Quality Yes.................. No rulemaking required;

Requirements. to be implemented

through ACC amendments.

Sec. 531 Demolition and Yes.................. In development. Part of PHA Plan Part of the PHA Plan Additional guidance

Disposition of Public Housing. rulemaking (see rulemaking (see provided in PIH Notice

section 511). section 511). 99-19.

Sec. 532 Resident Councils and October 21, 1999 (64 Final rule for .........................

Resident Management Corporations. FR 56890) (provides October 21, 1999

for the direct proposed rule in

funding of RMCs); development.

more comprehensive

proposed rule in

development.

Sec. 533 Voluntary Conversion of July 23, 1999 (64 FR In development. See specific additional

Public Housing to Vouchers. 40240). guidance below.

Sec. 534 Transfer of Management No rulemaking necessary

of Certain Housing. or anticipated. See

specific additional

guidance below.

Sec. 535 Demolition, Site Substantially implemented

Revitalization, Replacement by the FY 1999 notice of

Housing, and Tenant-Based Funding Availability

Assistance Grants for Projects (NOFA) for the HOPE VI

(HOPE VI). program; published on

February 26, 1999 (64 FR

9618). HUD may undertake

rulemaking in FY 2000.

Sec. 536 Public Housing September 14, 1999 In development. .........................

Homeownership. (64 FR 49932).

Sec. 537 Required Conversion of July 23, 1999 (64 FR In development. .........................

Public Housing to Vouchers. 40232).

[[Page 71804]]

Sec. 538 Linking Services to Implemented through FY

Public Housing Residents. 1999 NOFA on the

Resident Opportunities

and Self-Sufficiency

(ROSS) program;

published on August 10,

1999 (64 FR 43530). HUD

may undertake rulemaking

in FY 2000.

Sec. 539 Mixed-Finance Public In development. .........................

Housing.

Sec. 545 Merger of Certificate May 14, 1999 (64 FR October 21, 1999 (64 .........................

and Voucher Programs. 26632). FR 56894). An

amendment to the

final rule was

published on

November 3, 1999

(64 FR 59620).

Sec. 546 Public Housing Agencies. Part of Section 8 Part of Section 8 .........................

merger rulemaking merger rulemaking

(see section 545). (see section 545).

Sec. 547 Administrative Fees..... Yes................. Initial guidance will be

supplemented by annual

notices.

Sec. 548 Law Enforcement and Yes.................. Part of Admissions In development. .........................

Security Personnel in Assisted and Occupancy

Housing. rulemaking.

Sec. 549 Advance Notice to Yes.................. Part of Section 8 Part of Section 8 Additional guidance

Tenants of Expiration, merger rulemaking merger rulemaking provided in PIH Notice

Termination, or Owner Nonrenewal (see section 545).. (see section 545). 98-64.

of Assistance Contracts.

Sec. 550 Technical and Conforming No rulemaking necessary

Amendments. or anticipated.

Sec. 551 Funding and Allocation.. Yes. .........................

Sec. 553 Portability............. Part of Section 8 Part of Section 8 .........................

merger rulemaking merger rulemaking

(see section 545). (see section 545).

Sec. 554 Leasing to Voucher Yes.................. Part of Section 8 Part of Section 8 .........................

Holders. merger rulemaking merger rulemaking

(see section 545). (see section 545).

Sec. 555 Homeownership Option.... April 30, 1999 (64 FR In development. .........................

23488).

Sec. 556 Renewals................ Negotiated final Consistent with statutory

rule published on requirement, the October

October 21, 1999 21, 1999 final rule was

(64 FR 56894). preceded by an

implementing PIH Notice

(98-65). For the

convenience of the

public, the PIH notice

was also published in

the Federal Register on

February 18, 1999 (64 FR

8188).

Sec. 557 Manufactured Housing Implemented by letter to

Demonstration Program. the participating

housing authorities.

Sec. 559 Rulemaking and Part of Section 8 Part of Section 8 .........................

Implementation. merger rulemaking merger rulemaking

(see section 545). (see section 545).

Sec. 561 Home Rule Flexible Grant Yes.

Demonstration.

[[Page 71805]]

Sec. 563 Performance Evaluation HUD has entered into the

Study. statutorily required

contract, with the

National Academy of

Public Administration

(NAPA), and the study is

proceeding.

Sec. 564 Public Housing June 22, 1999 (64 FR In development. Partial implementation

Management Assessment Program. 33348). (regarding independent

assessment of small

troubled PHAs) provided

in the April 30, 1999

Initial Implementation

Guidance Update Notice

(64 FR 23344). Further

details were also

provided in a Federal

Register notice

published on October 21,

1999 (64 FR 33348).

Sec. 565 Expansion of Powers for Yes.................. Part of the PHAS In development......

Dealing with Public Housing rulemaking (see

Agencies in Substantial Default. section 564).

Sec. 566 Audits.................. To be implemented through

ACC amendment.

Sec. 567 Advisory Council for No rulemaking is

Housing Authority of New Orleans. necessary or

anticipated.

Sec. 568 Troubled PHAs and Effective on October 1,

Consolidated Plans. 1999. Will be

implemented through

rulemaking on

Consolidated Plans.

Sec. 575 Provisions Applicable Yes (the provision The remaining In development......

Only to Public Housing and regarding obtaining provisions are part

Section 8 Assistance. information from of the ``One

drug abuse treatment Strike'' rulemaking

facilities). (64 FR 40262, July

23, 1999).

Sec. 576 Screening of Applicants Part of the ``One In development......

for Federally Assisted Housing. Strike'' rulemaking.

Sec. 577 Termination of Tenancy Part of the ``One In development......

and Assistance. Strike'' rulemaking.

Sec. 578 Ineligibility of Part of the ``One In development......

Dangerous Sex Offenders for Strike'' rulemaking.

Public Housing.

Sec. 579 Definitions............. These definitions are

applicable to the

requirements described

in sections 575-578.

Sec. 581 Annual Report........... The first annual report

was submitted to the

Congress in accordance

with the required

schedule.

Sec. 582 Repeals................. Effective on October 1,

1999. No rulemaking is

necessary or

anticipated.

Sec. 583 Consolidated Plans...... Effective October 1,

1999. Will be

implemented through

rulemaking on

Consolidated Plans.

Sec. 584 Use of American Products Yes.

[[Page 71806]]

Sec. 585 GAO Study on Housing The study required by

Assistance Programs. this section is under

way.

Sec. 586 Drug Elimination Program May 12, 1999 (64 FR September 14, 1999 Proposed rule was

25736). (64 FR 49900). preceded by Advance

Notice of Proposed

Rulemaking published on

February 18, 1999 (64 FR

8210).

Sec. 587 Report on Drug Report was submitted to

Elimination Contracts. Congress as required.

Sec. 589 Notice on Treatment of Required Federal Register

Occupancy Standards. notice published on

December 18, 1998 (63 FR

70256). No further

regulation is necessary.

Sec. 592 Use of Assisted Housing May 12, 1999 (64 FR

by Aliens. 25726).

Sec. 595 Native American Housing Implemented by notice. No

Assistance. rulemaking is necessary

or anticipated.

Sec. 596 Community Development No rulemaking is

Block Grant Public Services Cap. necessary or

anticipated.

Sec. 597 Moderate Rehabilitation Yes.................. Additional guidance

Terms for Contract Renewals. provided in PIH Notice

98-62. No rulemaking is

necessary or

anticipated.

Sec. 599 Tenant participation.... June 17, 1999 (64 FR In development.

32782).

Sec. 599H Miscellaneous.......... No rulemaking is

necessary or

anticipated.

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IV. Section-by-Section Narrative of Status of Public Housing Reform

Act Implementation and Guidance

The following narrative clarifies and elaborates upon the

information provided in the preceding chart, and is organized by

section number from the Public Housing Reform Act. Several statutory

sections of the Public Housing Reform Act were effective upon

enactment. HUD's February 18, 1999 Notice of Initial Guidance provided

notification of those sections of the Public Housing Reform Act that

were immediately effective and HUD provided guidance concerning the

action, if any, that was required to be taken. Therefore, reference in

this narrative to a statutory section being ``implemented by the

February 18, 1999 Notice of Initial Guidance'' is a reference to the

notification and guidance provided in this February 18, 1999 notice.

Also, dates on which rules were published, and which were listed in

Section II of this notice, are not always restated below.

Section 503(c)--Technical Recommendations. Section 503(c) requires

HUD to submit to the Committee on Banking, Housing, and Urban Affairs

of the Senate and the Committee on Banking and Financial Services of

the House of Representatives recommended technical and conforming

legislative changes necessary to carry out the Public Housing Reform

Act. HUD submitted its recommendations to the appropriate committees on

July 23, 1999. One of the important recommended sections, regarding

income eligibility adjustment, was enacted in the HUD/VA Independent

Appropriations Act for Fiscal Year 2000 (Pub.L. 106-74, approved

October 20, 1999).

Section 503(d)--List of Obsolete Documents. Section 503(d) requires

HUD to publish in the Federal Register, by October 1, 1999, a list of

all rules, regulations, and orders (including all handbooks, notices,

and related requirements) pertaining to public housing or Section 8

tenant-based programs issued or promulgated under the 1937 Act before

enactment of the Public Housing Reform Act that are or will be obsolete

because of the enactment of the Public Housing Reform Act or are

otherwise obsolete. The required list was published in the Federal

Register on October 1, 1999 (64 FR 53400).

Section 505--Declaration of Policy and Public Housing Agency

Organization. Section 505 of the Public Housing Reform Act, which

became effective October 1, 1999, amends section 2(b) of the 1937 Act

to require that the membership of the board of directors or similar

governing body of each PHA, with certain exceptions, contain not less

than one member who is directly assisted by the PHA. The resident board

member may, if provided in the PHA plan, be elected by the residents

directly assisted by the PHA. The final rule implementing section 505

of the Public Housing Reform Act was published on October 21, 1999.

Section 506--Definitions. Section 506 of the Public Housing Reform

Act became effective October 1, 1999, and amends section 3(b) of the

1937 Act to modify definitions relating to the terms ``public

housing,'' ``single persons,'' and ``person with disabilities'' (the

latter definition is also included in the ``One Strike'' proposed

rule). This section also adds definitions of the terms ``drug-

[[Page 71807]]

related criminal activity,'' ``mixed-finance project,'' ``public

housing agency plan,'' ``Capital Fund,'' and ``Operating Fund.''

Conforming amendments have been and will be made to applicable HUD

regulations to reflect the statutory revisions to these terms.

Section 507--Minimum Rent. Section 507 of the Public Housing Reform

Act became effective October 21, 1998, and was implemented by the

February 18, 1999 Notice of Initial Guidance, which provided guidance

on how PHAs should comply until publication of the Admissions and

Occupancy final rule. Publication of this rule is expected within the

next several weeks.

Section 508--Determination of Adjusted Income and Median Income.

Section 508 of the Public Housing Reform Act amends section 3(b)(5) of

the 1937 Act to provide the manner in which adjusted income and median

income will be determined, and provides certain mandatory exclusions.

This section was effective beginning on October 1, 1999 (except that

the provision relating to income limits in Rockland County, New York

was effective October 21, 1998). In anticipation of the final rule on

Admissions and Occupancy, HUD published a Notice of Guidance on Public

Housing Rent Policies in the Federal Register on August 6, 1999 (64 FR

42956), which made clear that the choice of rent and mandatory

disregard of increased earned income provisions were to be implemented

by PHAs on October 1, 1999. As the August 6, 1999 notice stated, any

PHAs which followed that guidance will not be penalized for any changes

made by HUD at the final rule stage.

Section 509--Family Self-Sufficiency Program. Section 509 of the

Public Housing Reform Act amends section 23 of the 1937 Act, regarding

the Family Self-Sufficiency program, and was effective beginning on

October 21, 1998. This section was implemented by the February 18, 1999

Notice of Initial Guidance and will be elaborated on in the Admissions

and Occupancy final rule.

Section 510--Prohibition on Use of Funds. Section 510 of the Public

Housing Reform Act is effective beginning on October 1, 1999. Section

510 amends section 5 of the 1937 Act by adding a new subsection (l)

that provides as follows:

None of the funds made available to the Department of Housing

and Urban Development to carry out [the Public Housing Reform Act],

which are obligated to State or local governments, public housing

agencies, housing finance agencies, or other public or quasi-public

housing agencies, shall be used to indemnify contractors or

subcontractors of the government or agency against costs associated

with judgments of infringement of intellectual property rights.

No rulemaking is necessary to implement this section.

Section 511--Public Housing Agency Plan. Section 511 of the Public

Housing Reform Act adds a new section 5A to the 1937 Act that requires

each PHA, beginning with Federal Fiscal Year 2000 funds, to submit a

PHA Plan consisting of a 5-Year Plan and an Annual Plan. Section 511

was implemented by the interim rule published on February 18, 1999. On

July 30, 1999, HUD issued Notice PIH 99-33, which provides the

electronic template for PHA Plan submissions. HUD published the final

rule on the PHA Plan on October 21, 1999. On November 24, 1999 (64 FR

66106), HUD published a Federal Register notice announcing optional

extensions for first PHA Plan due dates for PHAs with fiscal years

beginning on January 1, 2000 and April 1, 2000. On December 14, 1999,

HUD issued PIH Notice 99-51, which supplements the initial electronic

template. HUD expects to provide further information and direction.

Section 512--Community Service and Family Self-Sufficiency

Requirements. The portion of section 512 which prevents reductions in

assisted housing rents where a family has had its welfare benefits

reduced for fraud or failure to comply with self-sufficiency

requirements was implemented in the February 18, 1999 Notice of Initial

Guidance and will be elaborated on in the Admissions and Occupancy

final rule. Those documents also implemented the requirement that PHAs

use best efforts to enter into cooperation agreements with local

agencies, both to target services which will help housing assistance

recipients become self-sufficient and to provide information needed to

administer the new rent and community service provisions.

The remainder of section 512 became effective beginning on October

1, 1999. Section 512 amends section 12 of the 1937 Act by adding a new

subsection (c) that imposes a requirement on adult public housing

residents, with important exceptions, to participate for at least 8

hours per month in a community service or economic self-sufficiency

program. In some cases, PHAs must not renew a resident's 12-month lease

for failure to satisfy this requirement. Each PHA must include in its

PHA Plan a detailed description of the manner in which the agency

intends to implement and administer the community service requirement.

Although section 12(c) was effective beginning on October 1, 1999,

PHAs must have sufficient time to develop community service programs

and include detailed descriptions in their PHA Plan as the law

requires. Accordingly, PHAs that are required to submit their PHA Plans

for the fiscal years commencing January 1, 2000 or April 1, 2000 are

not required to include community service programs in those Plans.

HUD's final rule on Admissions and Occupancy will assist PHAs with

their planning of the community service programs.

Section 513--Income Targeting for Public Housing and Tenant-Based

Section 8 Assistance. Section 513 of the Public Housing Reform Act,

which was effective beginning on October 21, 1998, amends section 16 of

the 1937 Act to establish, among other things, public housing

deconcentration and income mixing requirements and income targeting

requirements for public housing and tenant-based Section 8 assistance,

including annual requirements for admitting families with incomes below

30% of area median income. The deconcentration and income mixing

requirements were initially implemented by the February 18, 1999 Notice

of Initial Guidance and the PHA Plan interim rule, and are included in

the PHA Plan final rule (for which further direction will be provided

as indicated above).

The income targeting requirements were implemented by the February

18, 1999 Notice of Initial Guidance and are contained in the final rule

on the statutory merger of the Section 8 certificate and voucher

programs (for Section 8 tenant-based assistance), and will be contained

in the Admissions and Occupancy final rule (for public housing as well

as section 8 project-based assistance).

Section 514--Repeal of Federal Preferences. Section 514 of the

Public Housing Reform Act was effective as of October 21, 1998, and was

initially implemented by the February 18, 1999 Notice of Initial

Guidance. Final guidance is now provided in the final rule implementing

the statutory merger of the Section 8 Certificate and Voucher programs

(for Section 8 tenant-based assistance) and will be provided in the

Admissions and Occupancy final rule (for public housing as well as

section 8 project-based assistance).

Section 515--Joint Ventures and Consortia of PHAs. Section 515 of

the Public Housing Reform Act creates a new section 13 of the 1937 Act,

and was effective beginning on October 1, 1999. New section 13(a)

authorizes PHAs to administer any or all of their housing

[[Page 71808]]

programs through a consortium of PHAs. New section 13(b) authorizes

PHAs to use subsidiaries, joint ventures, partnerships or other

business arrangements to administer their housing programs or to

provide supportive or social services. As noted earlier in this notice,

a proposed rule implementing section 515 was published on September 14,

1999 (64 FR 49940).

In the September 14, 1999 proposed rule, HUD noted that before

enactment of section 13, some PHAs had established cooperative

arrangements for carrying out some of their responsibilities. A

principal difference between such arrangements and consortia as

authorized under new section 13, is that under section 13 funding may

be directed to a representative of the consortium on behalf of several

PHAs instead of being paid to the PHAs separately. Another major

difference is that under a section 13 consortium, a joint PHA plan is

submitted on behalf of participating PHAs. Enactment of section 13,

however, does not restrict the ability of PHAs to continue to establish

cooperative arrangements under which they receive funding separately

and submit separate PHA plans.

HUD also noted that with respect to joint ventures, partnerships,

affiliates, subsidiaries, and other business arrangements, the

September 14, 1999 proposed rule only covered the public housing

program. PHAs engaged in Section 8 program administration have been and

continue to be free to engage in such arrangements without any new

regulatory restrictions.

HUD's final rule implementing section 515 is under development.

PHAs that wish to form consortia may indicate this in PHA Plans that

are submitted prior to the effective date of the final rule. PHAs then,

after the final rule is effective, may propose consortia through

``significant amendments'' to their PHA Plans.

Section 516--Public Housing Agency Mortgages and Security

Interests. Section 516 of the Public Housing Reform Act, which was

effective beginning on October 1, 1999, provides that HUD may, upon

such terms and conditions as HUD may prescribe, authorize a PHA to

mortgage or otherwise grant a security interest in any public housing

project or other property of the PHA. In making any such authorization,

HUD may consider the ability of the PHA to use the proceeds of the

mortgage or security interest for low-income housing uses; the ability

of the PHA to make payments on the mortgage or security interest; and

other criteria. Section 516 also provides that no action taken under

this provision shall result in any liability to the Federal government.

Until rulemaking is done, PHAs wishing to use the authority of

section 516 may submit requests to HUD headquarters, Office of Public

Housing Investments, Room 4130. HUD will review such requests and

provide approvals on a case-by-case basis if appropriate. However,

HUD's review of such requests will take into account the fact that

rulemaking is pending and that these regulatory requirements, once

established, will guide implementation of section 516. To minimize the

risk of loss of public housing property, HUD also will encourage full

collateralization of any debt secured by such a mortgage, independent

of and at risk before the public housing property. In addition, until

rulemaking is completed, the regulations in 24 CFR part 941, subpart F

(mixed finance development) continue to govern.

Section 517--Mental Health Action Plan. Section 517 of the Public

Housing Reform Act was effective beginning on October 1, 1999. Section

517 provides that HUD, in consultation with the Department of Health

and Human Services, the Department of Labor, and State and local

officials, shall develop an action plan and a list of recommendations

for improving severe mental illness treatment to families and

individuals receiving housing assistance under the 1937 Act.

Additionally, HUD is required to develop and disseminate a list of

current practices that serve to benefit persons in need of mental

health care. HUD has met with the other Federal agencies involved and

has begun the process of developing the action plan and fulfilling

other requirements.

Section 518(b)--Local Notification. Section 518(b) of the Public

Housing Reform Act was effective beginning on October 1, 1999. Section

518(b) amends section 5(e)(2) of the 1937 Act to provide, generally,

that HUD shall require each local cooperation agreement to provide

that, notwithstanding any order, judgment, or decree of any court

(including any settlement order), before making any amounts available

for use for the development of any housing or other property not

previously used as public housing, the PHA shall: (1) notify the

appropriate local government official of such use, and (2) pursuant to

the request of such local government, provide such information as may

reasonably be requested by the local government regarding the public

housing to be so assisted (except to the extent otherwise prohibited by

law). PHAs must comply with the requirements of section 518(b)

beginning on October 1, 1999, and should endeavor to have cooperation

agreements amended accordingly. HUD may provide further elaboration on

this provision in the forthcoming rulemaking on the Capital Fund

program (the non-formula rulemaking) and eventually may make it an

amendment to the Annual Contributions Contract (ACC).

Section 519--Public Housing Capital and Operating Funds. Section

519 of the Public Housing Reform Act amends section 9 of the 1937 Act

to establish a Capital Fund and an Operating Fund for public housing.

Section 519 also provides that HUD shall develop the formulas for

allocating such funds through negotiated rulemaking procedures.

1. Capital Fund. As noted earlier in this notice, a final rule has

been published allowing fiscal 1999 Comprehensive Improvement

Assistance Program (CIAP) funds to be distributed by formula. In

addition, negotiated rulemaking on the Capital Fund formula has been

completed and the proposed rule, as also noted earlier in this notice,

was published on September 14, 1999. Federal Fiscal Year 2000 Capital

Funds will be distributed pursuant to the final rule on the Capital

Fund formula. Upon the effective date of the final rule implementing

the Capital Fund formula, PHAs may begin to undertake the eligible

activities listed in section 9(d)(1) of the 1937 Act.

HUD intends soon to publish a proposed rule on all aspects of the

Capital Fund program (other than the formula), with a final rule to

follow in the first half of calendar year 2000. Until completion of

that rulemaking, the regulations at 24 CFR part 968 continue to apply

to assistance made available to PHAs through the Comprehensive Grant

Program (CGP) or CIAP under section 14 of the 1937 Act for Federal

fiscal year 1999 and prior years unless this Notice provides otherwise.

In addition, the regulations at 24 CFR part 941 continue to apply to

assistance made available under those provisions.

Effective October 21, 1998, new section 9(g)(2) of the 1937 Act

allows PHAs with less than 250 dwelling units (small PHAs), to use

capital or operating funds for any eligible capital or operating

expense subject to certain conditions. This provision was implemented

in the February 18, 1999 Notice of Initial Guidance. PHAs should follow

that guidance until completion of rulemaking on the Capital Fund

program.

[[Page 71809]]

Section 9(g)(3)(A) states that, with certain exceptions, a PHA may

not use any of the amounts allocated for the PHA from the Capital Fund

or Operating Fund for the purpose of constructing any public housing

unit, if such construction would result in a net increase from the

number of public housing units owned, assisted, or operated by the PHA

on October 1, 1999, including any public housing units demolished as

part of any revitalization effort. HUD's current regulations at 24 CFR

part 941 require HUD authorization for such PHA activity. Until

rulemaking on the new law is completed, HUD will provide the necessary

authorization where consistent with the standards of the new law.

Section 9(m) allows the commitment of capital assistance only (as

well as operating assistance only, as discussed later in this notice)

to public housing units in appropriate circumstances. This will be the

subject of rulemaking in the near future. Until that time, PHAs wishing

to use this provision for the development of public housing must

request HUD approval. Until rulemaking is completed, public housing

units developed and operated using capital assistance only shall be

subject to all public housing laws and regulations.

2. Operating Fund. Negotiated rulemaking on the Operating Fund

formula is still underway, and the current operating formula may

continue as section 519 permits. Upon the effective date of the final

rule implementing the Operating Fund formula, PHAs may begin to

undertake the eligible activities listed in section 9(e)(1) of the 1937

Act (except use of the Operating Fund for repayment of debt service

incurred to finance rehabilitation or development of public housing,

which the statute makes subject to reasonable requirements set by HUD;

such requirements will be the subject of rulemaking).

Except as otherwise provided in this Notice, the Performance

Funding System and current program rules at 24 CFR part 990 will

continue to apply to operating subsidy provided to PHAs under section 9

of the 1937 Act, as in effect prior to October 21, 1998. Section 9(l),

however, provides that income from nonrental sources (as determined by

the Secretary) is to be retained by PHAs and used only for low-income

housing or to benefit assisted residents. This subsection therefore

will be put in effect for Federal Fiscal Year 2000, by the funding

notice regarding fiscal year 2000 operating subsidy.

Sections 519(d) and (e) of the Public Housing Reform Act include

provisions relating to ceiling rents, transitional funding before

implementation of the new Operating Fund formula, and the adoption of

rental amounts other than ceiling rents or optional earned income

disregards. These provisions were discussed in the February 18, 1999

Notice of Initial Guidance. PHAs should continue to follow that

guidance until rulemaking on the Operating Fund or Admissions and

Occupancy, as applicable, is completed.

Commencing October 1, 1999, PHAs are required to give residents a

choice on an income-based rent or a flat rent. Until the new Operating

Fund formula is implemented, flat rents set comparable to market (as

provided by the August 6, 1999 Federal Register Notice of Guidance on

Public Housing Rent Policies and as will be provided by the Admissions

and Occupancy final rule) shall be treated in the same manner as

ceiling rents were treated in the past. This will be elaborated on in

the Federal Fiscal Year 2000 funding notice referenced above.

Section 9(m) allows for public housing assistance using operating

assistance only. This will be the subject of rulemaking. Until

rulemaking is completed, PHAs wishing to use this provision must

request HUD approval and the housing assisted in this manner will be

subject to all public housing laws and regulations.

3. Other Provisions. Section 9(h) of the 1937 Act, regarding

technical assistance and related activities, is effective immediately

and needs no regulations. Section 9(n)(2) and 9(n)(3), regarding New

York City Housing Authority programs, were implemented by the Notice of

Initial Guidance.

Section 520--Total Development Costs. Section 520 of the Public

Housing Reform Act, effective October 1, 1999, amends sections 3(c)(1)

and 6(b) of the 1937 Act, which govern Total Development Costs for the

development of public housing. HUD expects to conduct rulemaking on

section 520. Until rulemaking is completed, PHAs should follow PIH

Notice 99-17, issued March 15, 1999, which is consistent with section

520.

Section 521--Sanctions for Improper Use of Amounts. Section 521 of

the Public Housing Reform Act was effective beginning on October 1,

1999. Section 521 amends section 6(j) of the 1937 Act to provide for

sanctions which HUD may impose on a PHA receiving amounts from the

Capital Fund or Operating Fund for public housing if the PHA has failed

to comply substantially with any provision of the 1937 Act relating to

the public housing program. Section 521 also contains provisions

regarding the termination of such sanctions. Rulemaking is not

necessary to implement this section. However, HUD will reference this

sanction authority in appropriate program regulations.

Section 522--Repeal of Modernization Fund. Section 522(a) of the

Public Housing Reform Act, which repeals section 14 of the 1937 Act,

was effective beginning on October 1, 1999 (for guidance see the

discussion of section 519 of the Public Housing Reform Act, above).

Sections 522(b)(1) through 522(b)(4) of the Public Housing Reform Act

contain conforming amendments which were effective October 1, 1999.

Section 522(b)(5) contains a conforming amendment regarding the use of

HOME program funds for public housing (see the HUD Office of Community

Planning and Development memorandum on the ``Impacts of the 1999

Appropriations Act on HOME and SHOP'' dated November 23, 1998, and the

clarifying memorandum on the same subject dated March 25, 1999).

Section 522(c) was effective on October 21, 1998 and provides that,

before implementation of the Capital Fund and Operating Fund formulas,

PHAs may continue to use the authority in section 14(q) of the 1937

Act, as amended (including the amendment made by section 208 of the

fiscal year 1999 HUD appropriations act), notwithstanding the repeal of

the modernization fund by section 522(a).

Section 523--Family Choice of Rental Payment. Section 523 of the

Public Housing Reform Act is effective October 1, 1999. Section 523

amends section 3(a) of the 1937 Act to provide that each family can

elect annually whether the rent payment is a flat rate or income based.

Guidance on how to implement this provision was discussed in the

February 18, 1999 Notice of Initial Guidance and in the August 6, 1999

Federal Register Notice of Guidance on Public Housing Rent Policies.

Final guidance on section 523 will be contained in the Admissions

and Occupancy final rule. The final guidance on flat rents may result

in somewhat different flat rents from those PHAs have implemented if

they followed the August 6, 1999 Federal Register guidance. If so, PHAs

must change their flat rents accordingly, in time to include such flat

rents in PHA Plans for fiscal years commencing on and after July 1,

2000.

Section 524--Occupancy by Police Officers and Over-Income Families.

Section 524 of the Public Housing Reform Act became effective on

October 21, 1998 and was originally implemented in the February 18,

1999

[[Page 71810]]

Notice of Initial Guidance. Section 524 allows PHAs, under certain

conditions, to allow police officers who are not otherwise eligible for

public housing, and over-income families, to occupy a public housing

unit. Section 524 is being implemented by the final rule on Admissions

and Occupancy.

Section 525--Site-Based Waiting Lists. Section 525 of the Public

Housing Reform Act, effective October 1, 1999, amends section 6 of the

1937 Act to allow PHAs to establish a system of site-based waiting

lists, subject to applicable civil rights laws. Section 525 was

initially implemented in the PHA Plan interim rule published on

February 18, 1999. Implementation of this provision is made final by

the PHA Plan final rule published on October 21, 1999.

Section 526--Pet Ownership. Section 526 of the Public Housing

Reform Act provides that public housing residents may have pets,

subject to the reasonable requirements of PHAs and other conditions.

This section will be effective on completion of the rulemaking that is

now in progress.

Section 529--Contract Provisions. Section 529 of the Public housing

Reform Act, effective October 1, 1999, amends section 6 of the 1937 Act

to make technical and conforming changes to the contents of ACC for the

public housing program. No rulemaking is necessary or anticipated.

Section 530--Housing Quality Requirements. Effective October 1,

1999, Section 530 amends section 6 of the 1937 Act to add a new

subsection (f), which requires ACCs to include a requirement that a PHA

maintain its public housing units in compliance with safety and

habitability standards specified by HUD. For implementation guidance,

PHAs should refer to the discussion of section 530 in the February 18,

1999 Notice of Initial Guidance. No rulemaking is necessary or

anticipated. However, HUD will issue an amendment to the ACC to reflect

this provision.

Section 531--Demolition and Disposition of Public Housing. Section

531 of the Public Housing Reform Act amends section 18 of the 1937 Act.

Section 531 became effective on October 21, 1998 and was implemented by

the February 18, 1999 Notice of Initial Guidance, the PHA Plan interim

rule, and PIH Notice 99-19 issued on April 20, 1999. PHAs should rely

on that guidance and on the PHA Plan final rule until HUD completes its

rulemaking revising 24 CFR part 970. Until HUD completes rulemaking on

section 531, PHAs also must comply with the regulations in 24 CFR part

970 except to the extent that these regulations have been revised by

section 531 and the revisions were implemented by the February 18, 1999

Notice of Initial Guidance and PIH Notice 99-19.

Section 532--Resident Councils and Resident Management

Corporations. Section 532 of the Public Housing Reform Act revises

section 20 of the 1937 Act and was effective October 1, 1999. HUD

issued a proposed rule implementing section 532, published on October

21, 1999, which provides for the direct payment of operating and

capital funds from HUD to Resident management Corporations (RMCs). HUD

expects to conduct comprehensive rulemaking on resident participation

during Federal Fiscal Year 2000.

Section 533--Voluntary Conversion of Public Housing to Vouchers.

Section 533 of the Public Housing Reform Act became effective October

1, 1999. Section 533 amends section 22 of the 1937 Act to allow PHAs to

convert public housing to tenant-based assistance under certain

conditions. As noted earlier in this notice, HUD published a proposed

rule to implement this section on July 23, 1999. The public comment

period on this rule closed September 21, 1999. PHAs that wish to

commence the conversion assessment of all their properties required by

section 22(b) (2) and (3), may begin that assessment by following the

process for certifications under Sec. 972.207(b)(1) of the proposed

rule. Because the ``cost test'' may change at the final rule stage,

PHAs should not begin to apply that test with respect to assessments or

possible voluntary conversions.

Section 534--Transfer of Management of Certain Housing. Section 534

which became effective October 1, 1999 amends section 25 of the 1937

Act to provide that HUD may transfer the management of public housing

from a PHA to another management entity in accordance with certain

requirements. Residents may use this authority by making a request to

the HUD field office. No rulemaking is necessary or anticipated.

Section 535--Demolition, Site Revitalization, Replacement Housing,

and Tenant-Based Assistance Grants for Projects (HOPE VI). Section 535

of the Public Housing Reform Act amends section 24 of the 1937 Act to

provide continued authority for the HOPE VI program, and establishes

application selection and grant requirements. This provision was

effective beginning on October 21, 1998 and was substantially

implemented by HUD's Fiscal Year 1999 Notice of Funding Availability

(NOFA) for the HOPE VI program (which was part of HUD's Fiscal Year

1999 SuperNOFA, published in the Federal Register on February 26, 1999

(64 FR 9618)). HUD may undertake rulemaking on section 535 in Federal

Fiscal Year 2000.

Section 536--Public Housing Homeownership. Section 536 of the

Public Housing Reform Act, which became effective October 1, 1999, adds

section 32 to the 1937 Act, which authorizes a new public housing

homeownership program that replaces, but is substantially based on, the

former ``Section 5(h) program.'' As noted earlier in this notice, HUD

published a proposed rule to implement section 536 on September 14,

1999. The public comment period for this rule closed November 15, 1999.

Until the final rule is published, HUD will process public housing

homeownership proposals under its Section 5(h) program regulations at

24 CFR part 906. As noted, the Congress modeled section 32 on the

Section 5(h) program, and there are many similarities between section

32 and the part 906 regulations. Accordingly, the use of 24 CFR part

906 until rulemaking on section 32 is completed is consistent with

Congressional intent. Further, the use of the part 906 regulations will

permit HUD to process homeownership proposals using well established

regulatory requirements.

Section 537--Required Conversion of Public Housing to Vouchers.

Section 537 of the Public Housing Reform Act, effective October 1,

1999, adds a new section 33 to the 1937 Act concerning the removal of

public housing units identified as distressed from the public housing

inventory and the ACC. As noted earlier in this notice, HUD published a

proposed rule on section 537 on July 23, 1999. The public comment

period on this rule closed on September 21, 1999. While the final rule

is being completed, PHAs should prepare for required conversion by

determining if the PHA has developments that would fail the vacancy

rate test included in part 972.104(b) of the proposed rule and, if so,

devoting appropriate attention to the situation of any such

development.

Although section 202 of the fiscal year 1996 HUD Appropriations Act

(the forerunner to section 537) is repealed, it continues to apply to

public housing identified by HUD or a PHA prior to October 21, 1998 for

conversion or for assessment of whether conversion is required under

section 202.

Section 538--Linking Services to Public Housing Residents. Section

538 of the Public Housing Reform Act became effective October 21, 1998.

Section 538 adds a new section 34 to the 1937 Act, which authorizes a

program of

[[Page 71811]]

supportive services and resident empowerment activities to assist

public housing residents in becoming self-sufficient. Section 34 was

implemented through a Fiscal Year 1999 NOFA (Resident Opportunities and

Self-Sufficiency (ROSS) Program) published on August 10, 1998 (64 FR

43530). HUD may undertake a rulemaking to codify its implementation of

section 534 in Federal Fiscal Year 2000.

Section 539--Mixed-Finance Public Housing. Section 539 of the

Public Housing Reform Act, effective October 1, 1999, authorizes PHAs

to own, operate, assist or otherwise participate in one or more mixed-

finance projects, in accordance with certain requirements. HUD will

undertake a rulemaking to implement section 539 in Federal Fiscal Year

2000. Until this future rulemaking is completed, parties proposing to

use these provisions must notify HUD. The existing regulations at 24

CFR part 941, subpart F will continue to apply to mixed-finance

transactions to the extent they are consistent with section 539.

Section 545--Merger of Certificate and Voucher Programs. Section

545 of the Public Housing Reform Act amends section 8(o) of the 1937

Act to merge the Section 8 tenant-based Certificate and Voucher

programs into a new Housing Choice Voucher Program. As noted earlier in

this notice, HUD published an interim rule implementing section 545 on

May 14, 1999. The May 14, 1998 interim rule provided for an effective

date of August 14, 1999. By Federal Register notice published on August

11, 1999 (64 FR 43613), HUD extended the effective date to October 1,

1999. On September 14, 1999 (64 FR 49656), HUD published a technical

correction to the May 14, 1999 interim rule. The final rule was

published on October 21, 1999. Additionally, on November 3, 1999 (64 FR

59620), HUD published an amendment to the final rule concerning initial

rent burden of certain voucher holders.

Section 546--Public Housing Agencies. Section 546 of the Public

Housing Reform Act amends the definition of the term ``public housing

agency'' and is implemented by the Housing Choice Voucher Program final

rule.

Section 547--Administrative Fees. Section 547 of the Public Housing

Reform Act amends section 8(q) of the 1937 Act relating to Section 8

administrative fees, and is effective for fiscal year 1999 and

subsequent fiscal years. Section 547 was implemented by the February

18, 1999 Notice of Initial Guidance and will be supplemented by annual

notices. As discussed in the Notice of Initial Guidance, PHAs may

propose fee adjustments where they incur additional expenses to serve

persons with disabilities more fully.

Section 548--Law Enforcement and Security Personnel in Assisted

Housing. Section 548 of the 1998, which became effective October 1,

1999, provides, that for purposes of increasing security, Section 8

project-based assistance may be provided to police officers and other

security personnel who are not otherwise eligible for assistance. This

section is addressed in HUD's proposed rule on Admissions and

Occupancy.

Section 549--Advance Notice to Tenants of Expiration, Termination,

or Owner Nonrenewal of Assistance Contract. Section 549 of the Public

Housing Reform Act was effective as of October 21, 1998. This provision

was implemented for the Section 8 tenant-based assistance program by

the February 18, 1999 Notice of Initial Guidance and by PIH Notice 98-

64, and is elaborated on in the Housing Choice Voucher Program interim

and final rules.

Section 550--Technical and Conforming Amendments. Section 550 of

the Public Housing Reform Act, which became effective beginning on

October 1, 1999, contains various technical and conforming amendments

relating to the statutory merger of the tenant-based Section 8

certificate and voucher programs. No rulemaking is necessary or

anticipated.

Section 551--Funding and Allocation. Section 551 of the Public

Housing Reform Act was implemented and made effective by the February

18, 1999 Notice of Initial Guidance, to which PHAs should refer for

guidance. In general, section 551 provides that local government

comments with respect to affected PHA applications for Section 8 and

public housing funds are no longer required.

Section 553--Portability. Section 553 of the Public Housing Reform

Act amends section 8(r) of the 1937 Act with respect to the portability

of tenant-based Section 8 assistance. Section 553 is made effective by

the Housing Choice Voucher Program interim and final rules.

Section 554--Leasing to Voucher Holders. Section 554 permanently

repeals the so-called ``take one, take all'' provision in the Section 8

tenant-based assistance program as of October 21, 1998. Section 554 is

also discussed in the February 18, 1999 Notice of Initial Guidance and

in the Housing Choice Voucher Program interim and final rules.

Section 555--Homeownership Option. Section 555 of the Public

Housing Reform Act amends section 8(y) of the 1937 Act, effective

October 21, 1998, to authorize a PHA to provide tenant-based Section 8

assistance for an eligible family that purchases a dwelling unit that

will be occupied by the family. As noted earlier in this notice, HUD

published a proposed rule to implement section 555 on April 30, 1999,

and expects to issue a final rule within the next several months. HUD

has demonstration authority under section 555 and has approved several

demonstrations which are consistent with the proposed rule.

Section 556--Renewals. Section 556 of the Public Housing Reform Act

amends the 1937 Act by adding subsection 8(dd), which directs HUD to

establish an allocation baseline amount of assistance to cover the

renewal of expiring tenant-based Section 8 ACCs, and to apply an

inflation factor (based on local or regional factors) to the baseline.

Section 556 also required HUD to implement this provision through

notice not later than December 31, 1998, and to issue final regulations

on the allocation of tenant-based Section 8 ACC renewal funding that

are developed through negotiated rulemaking no later than October 21,

1999. Consistent with the statutory requirement, HUD issued PIH Notice

98-65 on December 30, 1999. This notice was published for the

convenience of the public on February 18, 1999 (64 FR 8188). The

required final rule was published on October 21, 1999.

Section 557--Manufactured Housing Demonstration Program. Section

557 of the Public Housing Reform Act became effective October 21, 1998

and requires HUD to carry out a program during Federal Fiscal Years

1999, 2000, and 2001 to demonstrate the effectiveness of providing

tenant-based Section 8 assistance directly to eligible families that

own manufactured homes and rent real property on which their homes are

located. This demonstration program was implemented by letter to the

participating housing authorities.

Section 559--Rulemaking and Implementation. Section 559 of the

Public Housing Reform Act, effective October 21, 1998, requires HUD to

issue any interim regulations necessary for the merger of tenant-based

Section 8 certificate and voucher assistance. Section 559 also requires

HUD to issue final regulations not later than one year after enactment

of the Public Housing Reform Act. As discussed previously in this

notice, HUD issued its interim rule on the Housing Choice Voucher

Program on May 14, 1999. The final rule was published on October 21,

1999.

[[Page 71812]]

Section 561--Home Rule Flexible Grant Demonstration. Section 561

adds a demonstration program in which eligible jurisdictions, typically

units of general local government, could receive public housing and

tenant-based assistance for up to five years to meet specified

performance goals. The demonstration became effective on October 21,

1998, and was implemented in the February 18, 1999 Notice of Initial

Guidance.

As the February 18, 1999 Notice of Initial Guidance stated, any

eligible jurisdiction wishing to participate in the demonstration may

follow the statute's requirements and submit an application to HUD. HUD

will not approve such an application, however, unless the application

presents a compelling case that the eligible jurisdiction's

participation and proposal would achieve the goals of the statute

(which include the underlying program management and performance goals

of the public housing and tenant-based assistance programs) in a

superior manner to continuation of program management with the affected

PHA.

Section 563--Performance Evaluation Study. Section 563 of the

Public Housing Reform Act, effective October 21, 1998, directs HUD to

provide for a study to be conducted to determine the effectiveness of

various alternative methods of evaluating the performance of PHAs and

other providers of federally assisted housing. Section 563 also

requires HUD to request that the National Academy of Public

Administration (NAPA) enter into a contract to conduct the study. HUD

has entered into such a contract with NAPA and the study is proceeding.

Section 564--Public Housing Management Assessment Program. Section

564 of the Public Housing Reform Act, effective October 1, 1999, amends

section 6(j) of the 1937 Act to modify and add to the indicators HUD

uses to evaluate PHA management performance. These provisions are

addressed in the June 22, 1999 PHAS proposed rule, and will be included

in the final rule. Notification that the provisions amending

requirements for independent assessment of newly troubled PHAs were in

effect was provided by the Initial Guidance Update Notice, published on

April 30, 1999 (64 FR 23344). As noted earlier in Section II of this

Notice, further details regarding the phase-in of the Public Housing

Assessment System (PHAS) were published in a Federal Register notice on

October 21, 1999.

Section 565--Expansion of Powers for Dealing with Public Housing

Agencies in Substantial Default. Effective October 21, 1998, section

565 of the Public Housing Reform Act provides for an expansion of

various powers to be exercised by HUD or receivers and requires HUD to

petition for court-ordered receivership (or to implement an

administrative receivership, in the case of PHAs with fewer than 1,250

public housing units), with respect to certain troubled PHAs where the

PHA remains troubled longer than the specified time period. This

provision was implemented in the February 18, 1999 Notice of Initial

Guidance, was elaborated on in the June 22, 1999 PHAS proposed rule,

and will be part of the PHAS final rule.

Section 566--Audits. Section 566 of the Public Housing Reform Act,

which became effective October 1, 1999, adds section 5(h) to the 1937

Act to require each ACC to provide that HUD, the HUD Inspector General,

and the Comptroller of the United States shall have access to PHA

records, and that HUD may withhold assistance from PHAs to pay for

audit costs in some circumstances. HUD will begin a process of amending

such contracts accordingly.

Section 567--Advisory Council for Housing Authority of New Orleans.

Section 567 of the Public Housing Reform Act requires appointment of

such an Advisory Council. No regulation is necessary to implement this

section.

Section 568--Troubled PHAs and Consolidated Plans. Section 568 of

the Public Housing Reform Act requires local jurisdictions with

troubled PHAs to describe in their Consolidated Plans the manner in

which they will assist the PHA in improving its operations to remove

the troubled designation. Section 568 became effective October 1, 1999,

and will be addressed in rulemaking on Consolidated Plans.

Section 575--Provisions Applicable Only to Public Housing and

Section 8 Assistance. Section 575 of the Public Housing Reform Act

contains provisions regarding public housing grievance procedures,

termination of tenancy in public housing, availability of criminal

records in connection with project-based assisted housing and obtaining

information from drug abuse treatment facilities. These provisions

generally became effective October 1, 1999. The provision concerning

obtaining information from drug abuse treatment facilities, however,

was implemented in the February 18, 1999 Notice of Initial Guidance.

The remaining provisions are found in HUD's July 23, 1999 ``One

Strike'' proposed rule. The public comment period on this proposed rule

closed September 21, 1999.

Section 576--Screening of Applicants for Federally Assisted

Housing. Section 576 of the Public Housing Reform Act, effective

October 1, 1999, is covered by HUD's July 23, 1999 ``One Strike''

proposed rule.

Section 577--Termination of Tenancy and Assistance. Section 577 of

the Public Housing Reform Act, which became effective October 1, 1999,

is covered by the ``One Strike'' proposed rule.

Section 578--Ineligibility of Dangerous Sex Offenders for Public

Housing. Section 578 of the Public Housing Reform Act, which became

effective October 1, 1999, is covered by HUD's July 23, 1999 ``One

Strike'' proposed rule.

Section 579--Definitions. The definitions in Section 579 of the

Public Housing Reform Act are applicable to the requirements described

in section 575-578.

Section 581--Annual Report. Section 581 of the Public Housing

Reform Act requires an annual report on the impact of the Public

Housing Reform Act on the demographics of assistance recipients and the

economic viability of PHAs, as well as the employment status and earned

income of public housing residents. The first such annual report was

submitted to the Congress in accordance with the required schedule.

Section 582--Repeals. No regulation is necessary to effectuate

these repeals, which became effective October 1, 1999.

Section 583--Consolidated Plans. Section 583 of the Public Housing

Reform Act, which became effective October 1, 1999, requires

Consolidated Plans to describe the manner in which the plans will help

address the needs of the jurisdiction's public housing. This section

will be implemented through rulemaking on Consolidated Plans.

Section 584--Use of American Products. Section 584 of the Public

Housing Reform Act was implemented in the February 18, 1999 Notice of

Initial Guidance. No further regulation is necessary.

Section 585--GAO Study on Housing Assistance Programs. The study

required by this section is under way.

Section 586--Drug Elimination Program. These amendments were

implemented by the Public Housing Drug Elimination Program (PHDEP)

final rule, published on September 14, 1999, which among other things,

provides for formula funding commencing with fiscal year 1999 funding.

Section 587--Report on Drug Elimination Contracts. This report was

submitted to Congress as required.

[[Page 71813]]

Section 589--Notice on Treatment of Occupancy Standards. This

notice was developed and published in the Federal Register on December

18, 1998 (63 FR 70256) as required. No further regulation is necessary.

Section 592--Use of Assisted Housing by Aliens. Section 592 of the

Public Housing Reform Act, which clarified the scope of PHA ``opt

outs'' for determining alien status, was implemented by the final rule

on ``Revised Restriction on Assistance to Noncitizens,'' published on

May 12, 1999.

Section 595--Native American Housing Assistance. Section 595 of the

Public Housing Reform Act made various changes affecting public housing

and other housing assistance for Native Americans. The provisions of

this section have been implemented by notice. No regulations are

necessary or anticipated.

Section 596--Community Development Block Grants Public Services

Cap. Section 596 of the Public Housing Reform Act extends a waiver from

the cap on public services spending for Los Angeles. No regulations are

necessary.

Section 597--Moderate Rehabilitation Terms for Contract Renewals.

These terms were implemented in the February 18, 1999 Notice of Initial

Guidance and by Notice PIH 98-62. No regulations are necessary or

anticipated.

Section 599--Tenant Participation. Section 599 of the Public

Housing Reform Act largely covers project-based assisted housing tenant

participation rules, but also covers moderate rehabilitation projects

and certain projects which receive enhanced vouchers. A proposed rule

was published on June 17, 1999 (64 FR 32782). HUD received 73 public

comments on the proposed rule.

Section 599H--Miscellaneous. Section 599H of the Public Housing

Reform Act covers various matters largely relating to particular

communities. This section was effective October 21, 1998. None of the

matters covered require further regulations.

Conclusion

Implementation of the Public Housing Reform Act has presented a

challenge to HUD and its partners. HUD appreciates the comments

submitted to date on its proposed and interim rules (over 600 apart

from the proposed rule on pet policies), and those provided at the

public forums. HUD also appreciates the hard work of the three

negotiated rulemaking committees that were formed to assist in the

development of three important formula rules. The input of HUD's

partners, program participants and other interested members of the

public has greatly assisted HUD in the promulgation of the rules and

notices issued to date under the Public Housing Reform Act.

HUD is committed to working closely with its public housing and

Section 8 partners to make the changes in its public housing and

Section 8 programs a success. HUD will continue to provide additional

guidance and seek public involvement through all appropriate means, so

that the purposes and promise of this important legislation may be

fulfilled.

Dated: December 15, 1999.

Rod Solomon,

Deputy Assistant Secretary for Policy, Program and Legislative

Initiatives.

[FR Doc. 99-33106 Filed 12-21-99; 8:45 am]

BILLING CODE 4210-33-P