38716 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

1These areas are: Cape Girardeau-Jackson, MO– 

IL MSA (comprised of Alexander County, IL; 

Bollinger County, MO; and Cape Girardeau County, 

MO), Manhattan, KS MSA (comprised of Geary 

County, Pottawatomie County, and Riley County, 

KS), Mankato-North Mankato, MN MSA (comprised 

of Blue Earth County and Nicollet County, MN). 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5328–N–01] 

Proposed Fair Market Rents for the 

Housing Choice Voucher Program and 

Moderate Rehabilitation Single Room 

Occupancy Program Fiscal Year 2010 

AGENCY: Office of the Assistant 

Secretary for Policy Development and 

Research, HUD. 

ACTION: Notice of Proposed Fiscal Year 

(FY) 2010 Fair Market Rents (FMRs) and 

request for comments on FMR 

methodology. 

SUMMARY: Section 8(c)(1) of the United 

States Housing Act of 1937 (USHA) 

requires the Secretary to publish FMRs 

periodically, but not less than annually, 

adjusted to be effective on October 1 of 

each year. Today’s notice proposes 

FMRs for FY 2010 to be used: to 

determine payment standard amounts 

for the Housing Choice Voucher 

program, to determine initial renewal 

rents for some expiring project-based 

Section 8 contracts, and to determine 

initial rents for housing assistance 

payment (HAP) contracts in the 

Moderate Rehabilitation Single Room 

Occupancy program. Other programs 

may require use of FMRs for other 

purposes. The proposed FY 2010 FMR 

areas are based on current Office of 

Management and Budget (OMB) 

metropolitan area definitions and 

include HUD modifications that were 

first used in the determination of FY 

2006 FMR areas. OMB changes to the 

metropolitan area definitions through 

November 2008 are incorporated. Three 

Micropolitan areas that became 

Metropolitan Statistical Areas (MSA) are 

included here as HUD Metropolitan 

Statistical Areas without modification.1

Proposed FY 2010 FMRs are based on 

2000 Census data updated with more 

current survey data. For FY 2010, FY 

2009 FMRs are updated using 2007 

American Community Survey (ACS) 

data and more recent Consumer Price 

Index (CPI) rent and utility indexes. 

HUD continues to use ACS data in 

different ways according to how many 

two-bedroom standard-quality and 

recent-mover sample cases are available 

in the FMR area or its Core-Based 

Statistical Area (CBSA). 

HUD is considering reforms and 

several changes to the methodology for 

calculating FMRs that are not reflected 

in these proposed FMRs. HUD will 

publish a separate Federal Register 

notice describing and depicting 

examples of the effects of a number of 

reforms and improvements to the 

methodology for estimating Fair Market 

Rents and requesting public comment. 

In this notice, HUD is seeking public 

comments suggesting items for 

consideration in the subsequent notice. 

DATES: Comment Due Date: September 

2, 2009. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

HUD’s estimates of the FMRs, as 

published in this notice, to the Office of 

General Counsel, Rules Docket Clerk, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 10276, Washington, DC 20410– 

0001. Communications should refer to 

the above docket number and title and 

should contain the information 

specified in the ‘‘Request for 

Comments’’ section. 

Submission of Hard Copy Comments. 

To ensure that the information is fully 

considered by all of the reviewers, each 

commenter that is submitting hard-copy 

comments, by mail or hand delivery, is 

requested to submit two copies of its 

comments to the address above, one 

addressed to the attention of the Rules 

Docket Clerk and the other addressed to 

the attention of the Economic and 

Market Analysis Division staff in the 

appropriate HUD field office. Due to 

security measures at all Federal 

agencies, submission of comments by 

mail often results in delayed delivery. 

To ensure timely receipt of comments, 

HUD recommends that any comments 

submitted by mail be sent at least 2 

weeks in advance of the public 

comment deadline. 

Electronic Submission of Comments. 

Interested persons may submit 

comments electronically through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make them immediately available to the 

public. Comments submitted 

electronically through the http:// 

www.regulations.gov Web site can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that Web site 

to submit comments electronically. 

No Facsimile Comments. Facsimile 

(FAX) comments are not acceptable. 

Public Inspection of Comments. All 

comments and communications 

submitted to HUD will be available, 

without charge, for public inspection 

and copying between 8 a.m. and 5 p.m. 

weekdays, at the above address. Due to 

security measures at the HUD 

Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at 202–708– 

3055 (this is not a toll-free number). 

Copies of all comments submitted are 

available for inspection and 

downloading at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

technical information on the 

methodology used to develop FMRs or 

for a listing of all FMRs, please call the 

HUD USER information line at 800– 

245–2691 or access the information on 

the HUD Web site at http:// 

www.huduser.org/datasets/fmr.html. 

FMRs are listed at the 40th or 50th 

percentile in Schedule B. For 

informational purposes, 40th percentile 

recent-mover rents for the areas with 

50th percentile FMRs will be provided 

in the HUD FY 2010 FMR 

documentation system at http://

www.huduser.org/datasets/fmr/fmrs/ 

index.asp?data=fmr10. 

Questions related to use of FMRs or 

voucher payment standards should be 

directed to the respective local HUD 

program staff. Questions on how to 

conduct FMR surveys or concerning 

further methodological explanations 

may be addressed to Marie L. Lihn or 

Lynn A. Rodgers, Economic and Market 

Analysis Division, Office of Economic 

Affairs, Office of Policy Development 

and Research, telephone number 202– 

708–0590. Persons with hearing or 

speech impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. (Other than the HUD 

USER information line and TDD 

numbers, telephone numbers are not toll 

free.) 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 8 of the USHA (42 U.S.C. 

1437f) authorizes housing assistance to 

aid lower-income families in renting 

safe and decent housing. Housing 

assistance payments are limited by 

FMRs established by HUD for different 

geographic areas. In the Housing Choice 

Voucher program, the FMR is the basis 

for determining the ‘‘payment standard 

amount’’ used to calculate the 

maximum monthly subsidy for an 

assisted family (see 24 CFR 982.503). In 

general, the FMR for an area is the 

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amount that would be needed to pay the 

gross rent (shelter rent plus utilities) of 

privately-owned, decent, and safe rental 

housing of a modest (non-luxury) nature 

with suitable amenities. In addition, all 

rents subsidized under the Housing 

Choice Voucher program must meet 

reasonable rent standards. The interim 

rule published on October 2, 2000 (65 

FR 58870), established 50th-percentile 

FMRs for certain areas. 

Electronic Data Availability: This 

Federal Register notice is available 

electronically from the HUD User page 

at http://www.huduser.org/datasets/ 

fmr.html. Federal Register notices also 

are available electronically at http:// 

www.gpoaccess.gov/fr/index.html, the 

U.S. Government Printing Office Web 

site. Complete documentation of the 

methodology and data used to compute 

each area’s proposed FY 2010 FMRs is 

available at http://www.huduser.org/ 

datasets/fmr/fmrs/ 

index.asp?data=fmr10. 

II. Procedures for the Development of 

FMRs 

Section 8(c) of the USHA requires the 

Secretary of HUD to publish FMRs 

periodically, but not less frequently 

than annually. Section 8(c) states, in 

part, as follows: 

Proposed fair market rentals for an area 

shall be published in the Federal Register 

with reasonable time for public comment, 

and shall become effective upon the date of 

publication in final form in the Federal 

Register. Each fair market rental in effect 

under this subsection shall be adjusted to be 

effective on October 1 of each year to reflect 

changes based on the most recent available 

data trended so the rentals will be current for 

the year to which they apply, of rents for 

existing or newly constructed rental dwelling 

units, as the case may be, of various sizes and 

types in this section. 

HUD’s regulations at 24 CFR 888 

provide that HUD will develop 

proposed FMRs, publish them for public 

comment, provide a public comment 

period of at least 30 days, analyze the 

comments, and publish final FMRs. (See 

24 CFR 888.115.) 

In addition, HUD’s regulations at 24 

CFR 888.113 set out procedures for HUD 

to assess whether areas are eligible for 

FMRs at the 50th percentile. Minimally 

qualified areas are reviewed each year, 

unless not qualified to be reviewed. 

Areas are not qualified to be reviewed 

if they have been made a 50th-percentile 

area within the last 3 years or have lost 

50th-percentile status for failure to 

deconcentrate within the last 3 years. 

Twelve FMR areas, listed below, were 

reviewed for proposed FY 2010 FMRs. 

CURRENT OR POTENTIAL FMR AREAS

REVIEWED FOR ELIGIBILITY AS FY 

2010 50TH-PERCENTILE FMR 

AREAS

Baltimore-Towson, MD MSA 

Bergen-Passaic, NJ HMFA2

Dallas, TX HMFA 

Fort Lauderdale, FL HMFA 

Grand Rapids-Wyoming, MI HMFA 

New Haven-Meriden, CT HMFA 

Philadelphia-Camden-Wilmington, PA–NJ– 

DE–MD MSA 

Providence-Fall River, RI–MA HMFA 

Sacramento—Arden-Arcade—Roseville, CA 

HMFA 

San Diego-Carlsbad-San Marcos, CA MSA 

Washington-Arlington-Alexandria, DC–VA– 

MD HMFA 

West Palm Beach-Boca Raton, FL HMFA 

2 HMFA is an acronym for HUD Metro FMR 

Area, which is an MSA subarea, or the remaining portions of an MSA after subareas 

have been determined. 

Six of the 12 areas eligible for review 

become or remain 50th percentile areas: 

The Baltimore-Towson, MD MSA; the 

Fort Lauderdale, FL HMFA; the Grand 

Rapids-Wyoming, MI HMFA; the New 

Haven-Meriden, CT HMFA; and the 

Philadelphia-Camden-Wilmington, PA– 

NJ–DE–MD MSA; and the West Palm 

Beach-Boca Raton, FL HMFA. Grand 

Rapids did not meet the concentrationof-tenants criterion in FY 2009, but now 

meets it and is designated a 50thpercentile area for FY 2010. Fort 

Lauderdale, FL HMFA; and the West 

Palm Beach-Boca Raton, FL HMFA 

continue to meet the criteria for 50th 

percentile status and have made 

progress in the deconcentration of 

tenants, so they will remain 50th 

percentile areas for another 3 years. 

The Baltimore-Towson, MD MSA; the 

New Haven-Meriden, CT HMFA; and 

the Philadelphia-Camden-Wilmington, 

PA–NJ–DE–MD MSA have large PHAs 

operating within their jurisdiction 

under HUD’s Moving to Work (MTW) 

program. MTW reporting requirements 

differ from non-MTW agencies and have 

limited HUD’s ability to evaluate some 

metropolitan areas’ eligibility for 50th 

percentile FMRs. Reporting by the MTW 

agencies in these three metropolitan 

areas has improved such that HUD is 

now able to assess the criteria for 

eligibility for 50th percentile FMRs and 

determine that they now qualify. Under 

current program rules, these six areas 

will not have their 50th percentile FMR 

status reevaluated until FY 2013. 

Six of the 12 areas eligible for review 

fail to qualify for the 50th-percentile 

FMR program for FY 2010. Of these six 

areas, one area, San Diego-Carlsbad-San 

Marcos, CA MSA, no longer qualifies for 

the 50th-percentile FMR program 

because, based on current tenant data, 

less than 25 percent of the tenant-based 

rental program participants reside in the 

5 percent of census tracts in the 

metropolitan area with the largest 

number of program participants (the 

concentration-of-tenants test). Three 

areas with FY 2009 40th-percentile 

FMRs that were evaluated for FY 2010 

50th-percentile FMRs also fail the 

concentration-of-tenants test: The 

Providence-Fall River, RI–MA HMFA; 

the Bergen-Passaic, NJ HMFA; and the 

Sacramento—Arden-Arcade—Roseville, 

CA HMFA. These areas will be reviewed 

next year; if this concentration changes, 

they may be made 50th-percentile areas 

for the FY 2011 FMRs. 

Voucher tenants in the Dallas, TX 

HMFA have not materially 

deconcentrated over its 3-year eligibility 

period for a 50th percentile FMR. 

Deconcentration of tenants is the 

primary objective of the 50th-percentile 

program, and failure to make progress 

on the deconcentration of tenants over 

a 3-year period disqualifies an otherwise 

eligible area for 3 years. This area is not 

currently eligible for reevaluation until 

the FY 2013 FMRs. HUD solicits public 

comments on this aspect of the 50th 

percentile regulation. 

The Washington-ArlingtonAlexandria, DC–VA–MD HMFA still 

does not meet the minimum reporting 

criteria of 85 percent of resident records 

after an extensive search for useable 

data on assisted tenants. The District of 

Columbia Housing Authority is 

encouraged to submit to HUD by the 

end of the comment period any 

additional tenant data available in order 

to improve the reporting rate for the 

metropolitan area in which they 

operate. The Washington-ArlingtonAlexandria, DC–VA–MD HMFA will be 

re-evaluated for 50th percentile FMR 

status in time for publication of the final 

FY 2010 FMRs based on all additional 

data submitted or refinements of 

analysis of data already at HUD based 

on comments from the PHAs. Please 

contact Lynn Rodgers at 

lynn.a.rodgers@hud.gov for specific data 

requirements. 

Ten current 50th-percentile FMR 

areas were not evaluated this year 

because they have not completed 3 

years of program participation since 

their last review. These 10 areas, listed 

below, continue in FY 2010 as 50thpercentile FMR areas. They will be up 

for review again in computation of the 

FY 2012 FMRs: 

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38718 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

3The change is considered statistically significant 

if Z > 1.645 where [see equation above] and EST1

= ACS 2007 Estimate, EST2 = ACS 2006 Estimate, 

SE1 = Standard Error of Estimate 1, and SE2 = 

Standard Error of Estimate 2. 

4The recent-mover estimate from the 3-year data 

includes all those who moved in the most recent 

24-month period. That means that no 2005 survey 

data are included in this 3-year recent-mover 

classification, and the likelihood of having a valid 

(with 200 or more cases) 3-year recent-mover rent 

is lower for these estimates. 

FY 2009 50TH-PERCENTILE FMR 

AREAS NOT SLATED FOR ELIGIBILITY

EVALUATION AND CONTINUING WITH

50TH-PERCENTILE FMRS IN FY 

2010 

Albuquerque, NM MSA 

Bradenton-Sarasota-Venice, FL MSA 

Chicago-Naperville-Joliet, IL HMFA 

Denver-Aurora, CO MSA 

Hartford-West Hartford-East Hartford, CT 

HMFA 

Houston-Baytown-Sugar Land, TX HMFA 

Kansas City, MO–KS, HMFA 

Milwaukee-Waukesha-West Allis, WI MSA 

Richmond, VA HMFA 

Tacoma, WA HMFA 

In total, 16 areas will be 50thpercentile areas for FY 2010, the 10 

areas listed above and the six that 

passed review this year: Baltimore, Fort 

Lauderdale, Grand Rapids, New Haven, 

Philadelphia, and West Palm Beach. 

III. FMR Methodology 

This section provides a brief overview 

of how the FY 2010 FMRs are 

computed. For complete information on 

how FMR areas are determined, and on 

how each area’s FMRs are derived, see 

the online documentation at: http:// 

www.huduser.org/datasets/fmr/fmrs/ 

index.asp?data=fmr10. 

The FY 2010 FMRs are based on 

current OMB metropolitan area 

definitions and standards that were first 

used in the FY 2006 FMRs. OMB 

changes to the metropolitan area 

definitions through November 2008 are 

incorporated. As of November 2008, 

three micropolitan areas were redefined 

as metropolitan areas: Cape GirardeauJackson, MO–IL MSA; Manhattan KS 

MSA; and Mankato-North Mankato, MN 

MSA. 

A. Data Sources—2000 Census, the 

American Community Survey, and the 

Consumer Price Index 

As in all post-FY 2006 FMR 

publications, FY 2010 FMRs start with 

base rents generated using Census 2000 

long-form survey data. They are updated 

with American Community Survey 

(ACS) data and Bureau of Labor 

Statistics Consumer Price Index (CPI) 

data. FY 2010 FMRs are FY 2009 FMRs 

updated by replacing the CPI data used 

for FY 2009 FMRs with ACS 2007 

survey data and updated CPI data. 

Specifically, the FY 2009 rent (as of 

date: April 2009) is deflated to June 

2006 by dividing it by 18 months of CPI 

data representing June 2006 through 

December 2007 inflation, and the usual 

15-month trend factor. This June 2006 

rent is the best and most recent rent 

estimate available using only ACS 

survey data and eliminating all other 

update data. It is this rent that will be 

updated with additional ACS data and 

new CPI data. 

In order to preserve additional 

information gathered by HUD through 

random digit dialing (RDD) surveys, 

areas surveyed after June 2007 are 

updated separately, the details of which 

can be found at the Web site listed 

above. 

B. Updates from 2006 to 2007—2007 

ACS 

ACS survey data continues to be 

applied to areas based on the type of 

area (CBSA, metropolitan subarea, or 

nonmetropolitan county), the amount of 

survey data available, and the reliability 

of the survey estimates. Both 1- and 3- 

year ACS 2007 data are used to update 

June 2006 rents. All areas are updated 

with the change from 2006 to 2007 in 

State or metropolitan one-year standardquality median rents. In a 

methodological update from previous 

years’ estimates intended to minimize 

fluctuations in rents due to survey error, 

these rent changes are tested for 

statistical significance 3

Z EST EST

SE SE

= −

( ) +

1 2

1

2

2

2

before being applied to 2006 rents. Any 

State or metropolitan level change that 

is not statistically significant is not 

applied; that is, the updated 2007 rent 

is the same as the 2006 rent. 

Metropolitan level rent changes are used 

for CBSA areas and subareas that have 

more than 200 standard quality cases in 

2006 and 2007. All other areas are 

updated with State-level rent changes. 

For subareas, State and CBSA change 

factors continue to be selected based on 

which factor brings the subarea rent 

closer to the CBSA-wide rent. Subareas 

that have 200 or more local standardquality survey observations are updated 

with their local area update factor. 

After all areas have been updated 

with a standard-quality median rent 

change, local areas with estimates that 

reflect more than 200 one-year recentmover cases are evaluated further. If the 

updated rent is outside the confidence 

interval of the ACS recent-mover 

estimate, the updated rent is replaced 

with the ACS recent-mover rent 

estimate. In areas without 200 or more 

one-year ACS recent-mover 

observations, but with 200 or more 3- 

year ACS recent mover observations, the 

3-year estimate 4 is used if it is 

statistically different from the updated 

2007 rent based on the standard-quality 

median rent change. This process 

creates a June 2007 rent. 

C. Updates from 2007 to 2008 

ACS 2007 data updates the June 2006 

rents used in the FY 2009 FMRs forward 

by 12 months to June 2007. Six months 

of 2007 and 12 months of 2008 CPI rent 

and utilities price index data are used 

to update the June 2007 rents to the end 

of 2008. Local CPI data are used for 

FMR areas with at least 75 percent of 

their population within Class A 

metropolitan areas covered by local CPI 

data. Census region CPI data are used 

for FMR areas in Class B and C size 

metropolitan areas and nonmetropolitan 

areas without local CPI update factors. 

D. Updates from 2008 to 2010 

The national 1990 to 2000 average 

annual rent increase trend of 1.03 is 

applied to end-of-2008 rents for 15 

months, to derive the proposed FY 2010 

FMRs. 

The area-specific data and 

computations used to calculate 

proposed FY 2010 FMRs and FMR area 

definitions can be found at http:// 

www.huduser.org/datasets/fmr/fmrs/ 

index.asp?data=fmr10. 

E. Bedroom Rent Adjustments 

FMR estimates are calculated for twobedroom units. This generally is the 

most common size of rental units and, 

therefore, the most reliable to survey 

and analyze. After each Decennial 

Census, rent relationships between twobedroom units and other unit sizes are 

calculated and used to set FMRs for 

other units. This is done because it is 

much easier to update two-bedroom 

estimates and to use pre-established cost 

relationships with other bedroom sizes 

than it is to develop independent FMR 

estimates for each bedroom size. This 

was last done using 2000 Census data. 

A publicly releasable version of the data 

file used for the derivations of rent 

ratios is available at http:// 

www.huduser.org/datasets/fmr/ 

CensusRentData/index.html. 

Adjustments were made using 2000 

Census data to establish rent ratios for 

areas with local bedroom-size intervals 

above or below what are considered 

reasonable ranges or where sample sizes 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38719 

are inadequate to accurately measure 

bedroom rent differentials. Experience 

has shown that highly unusual bedroom 

ratios typically reflect inadequate 

sample sizes or peculiar local 

circumstances that HUD would not 

want to utilize in setting FMRs (e.g., 

luxury efficiency apartments that rent 

for more than typical one-bedroom 

units). Bedroom interval ranges were 

established based on an analysis of the 

range of such intervals for all areas with 

large-enough samples to permit accurate 

bedroom ratio determinations. The 

range requirements used were: 

efficiency FMRs to fall between 0.65 

and 0.83 of the two-bedroom FMR; onebedroom FMRs must be between 0.76 

and 0.90 of the two-bedroom FMR; 

three-bedroom FMRs must be between 

1.10 and 1.34 of the two-bedroom FMR; 

and four-bedroom FMRs must be 

between 1.14 and 1.63 of the twobedroom FMR. Bedroom rents for a 

given FMR area were then adjusted if 

the differentials between bedroom-size 

FMRs were inconsistent with normally 

observed patterns (i.e., efficiency rents 

were not allowed to be higher than onebedroom rents, and four-bedroom rents 

were not allowed to be lower than threebedroom rents). 

The rents for three-bedroom and 

larger units are further adjusted to 

continue to reflect HUD’s policy to set 

higher rents for these units than would 

result from using unadjusted market 

rents. This adjustment is intended to 

increase the likelihood that the largest 

families, who have the most difficulty in 

leasing units, will be successful in 

finding eligible program units. The 

adjustment adds bonuses of 8.7 percent 

to the unadjusted three-bedroom FMR 

estimates and adds 7.7 percent to the 

unadjusted four-bedroom FMR 

estimates. The FMRs for unit sizes larger 

than four bedrooms are calculated by 

adding 15 percent to the four-bedroom 

FMR for each extra bedroom. For 

example, the FMR for a five-bedroom 

unit is 1.15 times the four-bedroom 

FMR, and the FMR for a six-bedroom 

unit is 1.30 times the four-bedroom 

FMR. FMRs for single-room occupancy 

units are 0.75 times the zero-bedroom 

(efficiency) FMR. 

For low-population, nonmetropolitan 

counties with small 2000 Census 

samples of recent-mover rents, Censusdefined county group data were used to 

determine rents for each bedroom size. 

This adjustment was made to protect 

against unrealistically high or low FMRs 

due to insufficient sample sizes. The 

areas covered by this estimation method 

had less than the HUD standard of 200 

two-bedroom, Census-tabulated 

observations. 

IV. Manufactured Home Space Surveys 

The FMR used to establish payment 

standard amounts for the rental of 

manufactured home spaces in the 

Housing Choice Voucher program is 40 

percent of the FMR for a two-bedroom 

unit. HUD will consider modification of 

the manufactured home space FMRs 

where public comments present 

statistically valid survey data showing 

the 40th-percentile manufactured home 

space rent (including the cost of 

utilities) for the entire FMR area. 

All approved exceptions to these rents 

that were in effect in FY 2008 were 

updated to FY 2010 using the same data 

used to estimate the Housing Choice 

Voucher program FMRs, if the 

respective FMR area’s definition 

remained the same. If the result of this 

computation was higher than 40 percent 

of the new two-bedroom rent, the 

exception remains and is listed in 

Schedule D. The FMR area definitions 

used for the rental of manufactured 

home spaces are the same as the area 

definitions used for the other FMRs. 

Areas with definitional changes that 

previously had manufactured housing 

space rental exception FMRs are 

requested to submit new surveys to 

justify higher-than-standard space rental 

FMRs, if they believe higher-space 

rental allowances are needed. 

V. Request for Public 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 unit-size categories on the schedule. 

Recommendations and supporting data 

must reflect the rent levels that exist 

within the entire FMR area. 

For the supporting data, HUD 

recommends the use of professionally 

conducted 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 approximately $35,000 to $50,000. 

Areas with 2,000 or more program units 

usually meet this cost criterion, and 

areas with fewer units may meet it if 

actual rents for two-bedroom units are 

significantly different from the FMRs 

proposed by HUD. 

PHAs in nonmetropolitan areas may, 

in certain circumstances, conduct 

surveys of groups of counties. HUD 

must approve all county-grouped 

surveys in advance. 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 where FMRs are based on the 

combined rents in the cluster of FMR 

areas will not have their FMRs revised, 

unless the grouped survey results show 

a revised FMR above the combined rent 

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 the 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 at 800–245–2691, or from HUD’s 

Web site, in Microsoft Word or Adobe 

Acrobat format, at: http:// 

www.huduser.org/datasets/fmr.html. 

Other survey methodologies are 

acceptable in providing data to support 

comments, if the survey methodology 

can provide statistically reliable, 

unbiased estimates of the gross rent. 

Survey samples, preferably, should 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 to be statistically 

representative of the entire rental 

housing stock of the FMR area. Surveys 

must include units at 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 means of verifying if a sample is 

representative of the FMR area’s rental 

housing stock. 

Most surveys cover only one- and 

two-bedroom units, which has statistical 

advantages. If the survey is statistically 

acceptable, HUD will estimate FMRs for 

other bedroom sizes using ratios based 

on the Decennial Census. A PHA or 

contractor that cannot obtain the 

recommended number of sample 

responses after reasonable efforts should 

consult with HUD before abandoning its 

survey; in such situations, HUD may 

find it appropriate to relax normal 

sample-size requirements. 

HUD will consider increasing 

manufactured home space FMRs where 

public comment demonstrates that 40 

percent of the two-bedroom FMR is not 

adequate. In order to be accepted as a 

basis for revising the manufactured 

home space FMRs, comments must 

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38720 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

include a pad rental survey of the 

mobile home parks in the area, identify 

the utilities included in each park’s 

rental fee, and provide a copy of the 

applicable public housing authority’s 

utility schedule. 

Accordingly, the Fair Market Rent 

Schedules, which will not be codified in 

24 CFR part 888, are proposed to be 

amended as shown in the Appendix to 

this notice: 

Dated: July 28, 2009. 

Raphael W. Bostic, 

Assistant Secretary for Policy Development 

and Research. 

Fair Market Rents for the Housing 

Choice Voucher Program 

Schedules B and D—General 

Explanatory Notes 

1. Geographic Coverage 

a. Metropolitan Areas—FMRs are 

market-wide rent estimates that are 

intended to provide housing 

opportunities throughout the geographic 

area in which rental-housing units are 

in direct competition. HUD is using the 

metropolitan CBSAs, which are made 

up of one or more counties, as defined 

by the Office of Management and 

Budget (OMB), with some 

modifications. HUD is generally 

assigning separate FMRs to the 

component counties of CBSA 

Micropolitan Areas. 

b. Modifications to OMB Definitions— 

Following OMB guidance, the 

estimation procedure for the FY 2010 

proposed FMRs incorporates the current 

OMB definitions of metropolitan areas 

based on the CBSA standards as 

implemented with 2000 Census data, 

but makes adjustments to the definitions 

to separate subparts of these areas where 

FMRs or median incomes would 

otherwise change significantly if the 

new area definitions were used without 

modification. In CBSAs where subareas 

are established, it is HUD’s view that the 

geographic extent of the housing 

markets are not yet the same as the 

geographic extent of the CBSAs, but 

may become so in the future as the 

social and economic integration of the 

CBSA component areas increases. 

Modifications to metropolitan CBSA 

definitions are made according to a 

formula as described below. 

Metropolitan area CBSAs (referred to 

as MSAs) may be modified to allow for 

subarea FMRs within MSAs based on 

the boundaries of old FMR areas (OFAs) 

within the boundaries of new MSAs. 

(OFAs are the FMR areas defined for the 

FY 2005 FMRs. Collectively they 

include 1999-definition MSAs/Primary 

Metropolitan Statistical Areas (PMSAs), 

metro counties deleted from 1999- 

definition MSAs/PMSAs by HUD for 

FMR purposes, and counties and county 

parts outside of 1999-definition MSAs/ 

PMSAs referred to as nonmetropolitan 

counties.) Subareas of MSAs are 

assigned their own FMRs when the 

subarea 2000 Census Base Rent differs 

by at least 5 percent from (i.e., is at most 

95 percent or at least 105 percent of) the 

MSA 2000 Census Base Rent, or when 

the 2000 Census Median Family Income 

for the subarea differs by at least 5 

percent from the MSA 2000 Census 

Median Family Income. MSA subareas, 

and the remaining portions of MSAs 

after subareas have been determined, are 

referred to as HMFAs to distinguish 

these areas from OMB’s official 

definition of MSAs. 

The specific counties and New 

England towns and cities within each 

State in MSAs and HMFAs are listed in 

Schedule B. 

2. Bedroom Size Adjustments 

Schedule B shows the FMRs for zerobedroom through four-bedroom units. 

The FMRs for unit sizes larger than four 

bedrooms are calculated by adding 15 

percent to the four-bedroom FMR for 

each extra bedroom. For example, the 

FMR for a five-bedroom unit is 1.15 

times the four-bedroom FMR, and the 

FMR for a six-bedroom unit is 1.30 

times the four-bedroom FMR. FMRs for 

single-room-occupancy (SRO) units are 

0.75 times the zero-bedroom FMR. 

3. 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 

non-metropolitan county listings. 

d. The New England towns and cities 

included in a nonmetropolitan county 

are listed immediately following the 

county name. 

BILLING CODE 4210–67–P 

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38722 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38723 


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38724 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38725 


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38726 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38727 


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38728 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38729 


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38730 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38731 


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38732 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38733 


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38734 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38735 


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38736 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38737 


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38738 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38739 


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38740 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38741 


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38742 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38743 


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38744 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38745 


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38746 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38747 


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38748 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38749 


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38750 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38751 


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38752 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38753 


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38754 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38755 


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38756 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38757 


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38758 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38759 


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38760 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38761 


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38762 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38763 


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38764 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38765 


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38766 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38767 


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38768 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38769 


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38770 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38772 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38774 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38776 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38778 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38780 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38781 


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38782 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38783 


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38784 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38786 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38788 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38790 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38792 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38794 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38796 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38798 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38800 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38802 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38804 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38806 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38808 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38810 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38812 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38814 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38816 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38818 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38820 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38822 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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38824 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38825 


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38826 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38827 


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38828 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

[FR Doc. E9–18507 Filed 8–3–09; 8:45 am] 

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