25172 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Proposed Rules

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 888

[Docket No. FR–4589–N–01]

Fair Market Rents for the Housing

Choice Voucher Program and

Moderate Rehabilitation Single Room

Occupancy Program—Fiscal Year 2001

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of Proposed Fiscal Year

(FY) 2001 Fair Market Rents (FMRs).

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

States Housing Act of 1937 requires the

Secretary to publish FMRs annually to

be effective on October 1 of each year.

FMRs are used for the Housing Choice

Voucher program, the Moderate

Rehabilitation Single Room Occupancy

program, the project-based voucher

program, and any other programs

requiring their use. Today’s notice

proposes revised FMRs that reflect

estimated 40th percentile rent levels

trended to April 1, 2001.

DATES: Comments Due Date: June 27,

2000.

ADDRESSES: Interested persons are

invited to submit comments regarding

HUD’s estimates of the FMRs as

published in this Notice to the Office of

the General Counsel, Rules Docket

Clerk, Room 10276, Department of

Housing and Urban Development, 451

Seventh Street SW, Washington, DC

20410. Communications should refer to

the above docket number and title and

should contain the information

specified in the ‘‘Request for

Comments’’ section. To ensure that the

information is fully considered by all of

the reviewers, each commenter is

requested to submit two copies of its

comments, one to the Rules Docket

Clerk and the other to the Economic and

Market Analysis Staff in the appropriate

HUD Field Office. A copy of each

communication submitted will be

available for public inspection and

copying during regular business hours

(7:30 a.m.–5:30 p.m. Eastern Time) at

the above address.

FOR FURTHER INFORMATION CONTACT:

Gerald Benoit, Operations Division,

Office of Rental Assistance, telephone

(202) 708–0477. For technical

information on the development of

schedules for specific areas or the

method used for the rent calculations,

contact Alan Fox, Economic and Market

Analysis Division, Office of Economic

Affairs, telephone (202) 708–0590,

Extension 5863 (e-mail:

alan fox@hud.gov). Hearing- or

speech-impaired persons may use the

Telecommunications Devices for the

Deaf (TTY) by contacting the Federal

Information Relay Service at 1–800–

877–8339. (Other than the ‘‘800’’ TTY

number, telephone numbers are not toll

free.)

SUPPLEMENTARY INFORMATION: Section 8

of the United States Housing Act of

1937 (the Act) (42 U.S.C. 1437f)

authorizes housing assistance to aid

lower income families in renting decent,

safe, and sanitary housing. Housing

assistance payments are limited by

FMRs established by HUD for different

areas. In the voucher program, the FMR

is used to determine the ‘‘payment

standard’’ (the maximum monthly

subsidy) for assisted families (see

Section 982.503.) In general, the FMR

for an area is the amount that would be

needed to pay the gross rent (shelter

rent plus utilities) of privately owned,

decent, safe, and sanitary rental housing

of a modest (non-luxury) nature with

suitable amenities.

Publication of FMRs

Section 8(c) of the Act requires the

Secretary of HUD to publish FMRs

periodically, but not less frequently

than annually. The Department’s

regulations provide that HUD will

develop FMRs by publishing proposed

FMRs for public comment and, after

evaluating the public comments,

publish the final FMRs (see 24 CFR

888.115). Schedule B of the proposed

FY 2001 FMR schedules at the end of

this document lists the FMR levels for

the housing choice voucher program.

Schedule D lists FMRs for the rental of

manufactured home spaces in the

housing choice voucher program for

areas where HUD has approved

modifications greater than 40 percent of

the 2-bedroom FMR, based on public

comments.

Method Used To Develop FMRs

FMR Standard: FMRs are gross rent

estimates; they include shelter rent and

the cost of utilities, except telephone.

HUD sets FMRs to assure that a

sufficient supply of rental housing is

available to program participants. To

accomplish this objective, FMRs must

be both high enough to permit a

selection of units and neighborhoods

and low enough to serve as many

families as possible. The level at which

FMRs are set is expressed as a percentile

point within the rent distribution of

standard quality rental housing units.

The current definition used is the 40th

percentile rent, the dollar amount below

which 40 percent of the standard quality

rental housing units rent. The 40th

percentile rent is drawn from the

distribution of rents of units which are

occupied by recent movers (renter

households who moved into their unit

within the past 15 months). Newly built

units less than two years old are

excluded, and adjustments have been

made to correct for the below market

rents of public housing units included

in the data base.

Data Sources: HUD used the most

accurate and current data available to

develop the FMR estimates. The sources

of survey data used for the base-year

estimates are:

(1) the 1990 Census, which provides

statistically reliable rent data for all

FMR areas;

(2) the Bureau of the Census’

American Housing Surveys (AHSs),

which are used to develop betweenCensus revisions for the largest

metropolitan areas and which have

accuracy comparable to the decennial

Census; and

(3) Random Digit Dialing (RDD)

telephone surveys of individual FMR

areas, which are based on a sampling

procedure that uses computers to select

statistically random samples of rental

housing.

The base-year FMRs are updated

using trending factors based on

Consumer Price Index (CPI) data for

rents and utilities or HUD regional rent

change factors developed from RDD

surveys. Annual average CPI data are

available individually for 96

metropolitan FMR areas. RDD regional

rent change factors are developed

annually for the metropolitan and

nonmetropolitan parts of each of the 10

HUD regions. The RDD factors are used

to update the base year estimates for all

FMR areas that do not have their own

local CPI survey.

State Minimum FMRs: FMRs are

established at the higher of the local

40th percentile rent level or the

Statewide average of nonmetropolitan

counties, subject to a ceiling rent cap.

The State minimum also affects a small

number of metropolitan areas whose

rents would otherwise fall below the

State minimum.

Bedroom Size Adjustments: FMRs

have been calculated separately for each

bedroom size category. For areas whose

FMRs are based on the State minimums,

the rents for each bedroom size are the

higher of the rent for the area or the

Statewide average of nonmetropolitan

counties for that bedroom size. For all

other FMR areas, the bedroom intervals

are based on data for the specific area.

Exceptions have been made for some

areas with local bedroom size rent

intervals below an acceptable range. For

those areas the intervals selected were

the minimums determined after outliers

had been excluded from the distribution

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of bedroom intervals for all

metropolitan areas. Higher ratios

continue to be used for three-bedroom

and larger size units than would result

from using the actual market

relationships. This is done to assist the

largest, most difficult to house families

in finding program-eligible units.

RDD Surveys: RDD surveys are used

to obtain statistically-reliable FMR

estimates for selected FMR areas. This

survey technique involves drawing

random samples of renter units

occupied by recent movers. RDD

surveys exclude public housing units,

other assisted units for which the

market rent cannot be determined, units

built in the past two years, seasonal

units, non-cash rental units, and those

owned by relatives. A HUD analysis has

shown that the slight downward RDD

survey bias caused by including some

rental units that are in substandard

condition is almost exactly offset by the

slight upward bias that results from

surveying only units with telephones.

Approximately 8,000–12,000

telephone numbers need to be contacted

to achieve the target survey sample level

of 200 eligible recent mover responses.

RDD surveys have a high degree of

statistical accuracy; there is a 95 percent

likelihood that the recent mover rent

estimates developed using this approach

are within 3 to 4 percent of the actual

rent value. Virtually all of the estimates

are within 5 percent of the actual value.

Today’s notice proposes FMRs based

on RDD surveys conducted in early2000 for the following areas:

Proposed FMR Increase Above Normal

Update Factor

Fort Smith, AR–OK

Orange County, CA

Jacksonville, FL

Atlanta, GA

Augusta-Aiken, GA–SC

Muscatine County, IA

Montgomery County, IN

Macon County, MO

Montgomery County, MO

Biloxi-Gulfport-Pascagoula, MS

Jackson, MS

Greenville, NC

Pender County, NC

Raleigh-Durham-Chapel Hill, NC

Defiance County, OH

Henry County, OH

Williams County, OH

Youngstown-Warren, OH

Austin-San Marcos, TX

Proposed FMR Decrease

Lake Charles, LA

Springfield, MA

Utica-Rome, NY

Providence-Fall River-Warwick, RI-MA

Brownsville-Harlingen-San Benito, TX

Proposed FMR Increase by Normal

Update Factor

Imperial County, CA

Salinas, CA

Washington, DC-MD-VA

Macon, GA

Indianapolis, IN

Lexington, KY

Monroe, LA

Shreveport-Bossier City, LA

Lowell, MA-NH

Lewis County, MO

Marion County, MO

Monroe County, MO

Pike County, MO

Ralls County, MO

Randolph County, MO

Shelby County, MO

Lincoln, NE

Atlantic-Cape May, NJ

Cleveland-Lorain-Elyria, OH

Toledo, OH

Columbia, SC

Johnson City-Kingsport-Bristol, TN-VA

Nashville, TN

Fort Worth-Arlington, TX

Killeen-Temple, TX

AHS Areas: AHSs cover the largest

metropolitan areas on a four-year cycle.

The 40th percentile rents for these areas

are calculated from the distributions of

two-bedroom units occupied by recent

movers. Public housing units, newly

constructed units, and units that fail a

housing quality test are excluded from

the rental housing distributions before

the FMRs are calculated.

Detailed rent data from the

metropolitan AHSs conducted in 1998

were not available in time for

publication of the proposed 2000 FMRs.

Twelve AHS areas were put into final

effect in the October 1,1999 publication,

because they had either increases or

normal updates. Providence-Fall RiverWarwick, RI-MA and Washington, DCMD-VA would have been proposed for

decreases based on the 1998 AHS data,

but HUD conducted RDDs in April

2000, with the result that the decrease

being proposed for Providence-Fall

River-Warwick is much less than it

would have been, and no decrease is

being proposed for Washington, DC-MDVA.

Manufactured Home Space FMRs

FMRs for the rental of manufactured

home spaces in the housing choice

voucher program are now 40 percent of

the applicable Section 8 existing

housing program FMRs for two-bedroom

units. (This percentage was recently

increased from 30 percent to 40 percent

because the cost of utilities is now

included in the manufactured home

space rent; Section 545 of the Quality

Housing and Work Responsibility Act of

1998.) HUD accepts public comments

requesting modifications of these FMRs

where the 40 percent FMRs are thought

to be inadequate. In order to be accepted

as a basis for revising the FMRs,

comments must contain statistically

valid survey data that show the 40th

percentile space rent (including the cost

of utilities) for the entire FMR area.

Manufactured home space FMR

revisions are published as final FMRs in

Schedule D. Once approved, the revised

manufactured home space FMRs

establish new base year estimates that

are updated annually using the same

data used to update the other FMRs,

until they are superseded by rising

FMRs for the regular housing choice

voucher program.

Request for Comments

HUD seeks public comments on FMR

levels for specific areas. Comments on

FMR levels must include sufficient

information (including local data and a

full description of the rental housing

survey methodology used) to justify any

proposed changes. Changes may be

proposed in all or any one or more of

the bedroom-size categories on the

schedule. Recommendations and

supporting data must reflect the rent

levels that exist within the entire FMR

area.

HUD recommends the use of

professionally-conducted Random Digit

Dialing (RDD) telephone surveys to test

the accuracy of FMRs for areas where

there is a sufficient number of Section

8 units to justify the survey cost of

$10,000–$12,000. Areas with 500 or

more program units usually meet this

cost criterion, and areas with fewer

units may meet it if actual two-bedroom

rents are significantly different from the

FMRs proposed by HUD. In addition,

HUD has developed a version of the

RDD survey methodology for smaller,

nonmetropolitan PHAs. This

methodology is designed to be simple

enough to be done by the PHA itself,

rather than by professional survey

organizations, at a cost of $5,000 or less.

PHAs in nonmetropolitan areas may,

in certain circumstances, do surveys of

groups of counties. All grouped county

surveys must be approved in advance by

HUD. PHAs are cautioned that the

resulting FMRs will not be identical for

the counties surveyed; each individual

FMR area will have a separate FMR

based on the relationship of rents in that

area to the combined rents in the cluster

of FMR areas. In addition, PHAs are

advised that counties whose FMRs are

based on the State minimum will not

have their FMRs revised unless the

grouped survey results show a revised

FMR above the State minimum level.

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PHAs that plan to use the RDD survey

technique should obtain a copy of the

appropriate survey guide. Larger PHAs

should request HUD’s survey guide

entitled ‘‘Random Digit Dialing Surveys;

A Guide to Assist Larger Public Housing

Agencies in Preparing Fair Market Rent

Comments.’’ Smaller PHAs should

obtain a guide entitled ‘‘Rental Housing

Surveys; A Guide to Assist Smaller

Public Housing Agencies in Preparing

Fair Market Rent Comments.’’ These

guides are available from HUD USER on

1–800–245–2691, or from HUD’s

Worldwide Web site, in Microsoft Word

or Adobe Acrobat format, at the

following address: http://

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

HUD prefers, but does not mandate,

the use of RDD telephone surveys, or the

more traditional method described in

the survey guide intended for small

PHAs along with the simplified RDD

methodology. Other survey

methodologies are acceptable as long as

the surveys submitted provide

statistically reliable, unbiased estimates

of the 40th percentile gross rent. Survey

samples should preferably be randomly

drawn from a complete list of rental

units for the FMR area. If this is not

feasible, the selected sample must be

drawn so as to be statistically

representative of the entire rental

housing stock of the FMR area. In

particular, surveys must include units of

all rent levels and be representative by

structure type (including single-family,

duplex and other small rental

properties), age of housing unit, and

geographic location. The decennial

Census should be used as a starting

point and means to verify whether the

sample is representative of the FMR

area’s rental housing stock.

Local rental housing surveys

conducted with alternative methods

must include the following

documentation:

—Identification of the 40th percentile

gross rent (gross rent is rent including

the cost of utilities) and the actual

distribution (or distributions, if more

than one bedroom size is surveyed) of

the surveyed units, rank-ordered by

gross rent.

—An explanation of how the rental

housing sample was drawn and a

copy of the survey questionnaire,

transmittal letter, and any publicity

materials.

—An explanation of how the contract

rents of the individual units surveyed

were converted to gross rents. (For

RDD-type surveys, HUD requires use

of the Section 8 utility allowance

schedule.)

—An explanation of how the survey

excluded units built within two years

prior to the survey date.

—The date the rent data were collected

so that HUD can apply a trending

factor to update the estimate to the

midpoint of the applicable fiscal year.

If the survey has already been trended

to this date, the date the survey was

conducted and a description of the

trending factor used.

—Copies of all survey sheets.

Since FMRs are based on standard

quality units and units occupied by

recent movers, both of which are

difficult to identify and survey, HUD

will accept surveys of all rental units

and apply appropriate adjustments.

Most surveys cover only one- and

two-bedroom units, in which case HUD

will make the adjustments for other size

units consistent with the differentials

established on the basis of the 1990

Census data for the FMR area. When

three- and four-bedroom units are

surveyed separately to determine FMRs

for these unit size categories, the

commenter should multiply the 40th

percentile survey rents by 1.087 and

1.077, respectively, to determine the

FMRs. The use of these factors will

produce the same upward adjustments

in the rent differentials as those used in

the HUD methodology.

Findings and Certifications

Environmental Impact

A Finding of No Significant Impact

with respect to the environment as

required by the National Environmental

Policy Act (42 U.S.C. 4321–4374) is

unnecessary, since the housing choice

voucher program is categorically

excluded from the Department’s

National Environmental Policy Act

procedures under 24 CFR 50.19(c)(d).

Regulatory Flexibility Act

The undersigned, in accordance with

the Regulatory Flexibility Act (5 U.S.C.

605(b)), hereby certifies that this Notice

does not have a significant economic

impact on a substantial number of small

entities, because FMRs do not change

the rent from that which would be

charged if the unit were not in the

program.

Executive Order 13132, Federalism

This notice does not have federalism

implications and will not involve the

preemption of State law by Federal

statute or regulation. The Fair Market

Rent schedules do not have any

substantial direct impact on States, on

the relationship between the Federal

government and the States, or on the

distribution of power and responsibility

among the various levels of government.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic

Assistance program number is 14.156,

Lower-Income Housing Assistance

Program (section 8).

Accordingly, the Fair Market Rent

Schedules, which will be codified in 24

CFR part 888, are proposed to be

amended as follows:

Dated: April 21, 2000.

Andrew Cuomo,

Secretary.

Fair Market Rents for the Housing

Choice Voucher Program

Schedules B and D—General

Explanatory Notes

1. Geographic Coverage

a. Metropolitan Areas.—FMRs are

housing market-wide rent estimates that

are intended to provide housing

opportunities throughout the geographic

area in which rental housing units are

in direct competition. The FMRs shown

in Schedule B are determined for the

same areas as the Office of Management

and Budget’s (OMB) most current

definitions of metropolitan areas, with

the exceptions discussed in paragraph b.

HUD uses the OMB Metropolitan

Statistical Area (MSA) and Primary

Metropolitan Statistical Area (PMSA)

definitions for FMR areas because they

closely correspond to housing market

area definitions.

b. Exceptions to OMB Definitions.—

The exceptions are counties deleted

from several large metropolitan areas

whose revised OMB metropolitan area

definitions were determined by HUD to

be larger than the housing market areas.

The FMRs for the following counties

(shown by the metropolitan area) are

calculated separately and are shown in

Schedule B within their respective

States under the ‘‘Metropolitan FMR

Areas’’ listing:

Metropolitan Area and Counties

Deleted

Chicago, IL: DeKalb, Grundy and

Kendall Counties

Cincinnati-Hamilton, OH–KY–IN:

Brown County, Ohio; Gallatin, Grant

and Pendleton Counties in

Kentucky; and Ohio County,

Indiana

Dallas, TX: Henderson County

Flagstaff, AZ–UT: Kane County, UT

New Orleans, LA: St. James Parish

Washington, DC–MD–VA–WV:

Berkeley and Jefferson Counties in

West Virginia; and Clarke,

Culpeper, King George and Warren

counties in Virginia

c. Nonmetropolitan Area FMRs.—

FMRs also are established for

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nonmetropolitan counties and for

county equivalents in the United States,

for nonmetropolitan parts of counties in

the New England states, and for FMR

areas in Puerto Rico, the Virgin Islands,

and the Pacific Islands.

Nonmetropolitan area FMRs are set at

the higher of the local 40th percentile

rent level or the Statewide average of

nonmetropolitan counties. (The State

minimum also affects a small number of

metropolitan areas whose rents would

otherwise fall below the State

minimum.)

d. Virginia Independent Cities.—

FMRs for the areas in Virginia shown in

the table below were established by

combining the Census data for the

nonmetropolitan counties with the data

for the independent cities that are

located within the county borders.

Because of space limitations, the FMR

listing in Schedule B includes only the

name of the nonmetropolitan county.

The complete definitions of these areas

including the independent cities are as

follows:

VIRGINIA NONMETROPOLITAN COUNTY

FMR AREA AND INDEPENDENT CITIES INCLUDED

County Cities

Alleghany .................. Clifton Forge and

Covington.

VIRGINIA NONMETROPOLITAN COUNTY

FMR AREA AND INDEPENDENT CITIES INCLUDED—Continued

County Cities

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

Waynesboro.

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

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

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

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

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

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

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

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

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

2. Bedroom Size Adjustments.—

Schedule B shows the FMRs for 0-

bedroom through 4-bedroom units. The

FMRs for unit sizes larger than 4

bedrooms are calculated by adding 15

percent to the 4-bedroom FMR for each

extra bedroom. For example, the FMR

for a 5-bedroom unit is 1.15 times the

4-bedroom FMR, and the FMR for a 6-

bedroom unit is 1.30 times the 4-

bedroom FMR. FMRs for single-roomoccupancy (SRO) units are 0.75 times

the 0 bedroom FMR.

3. FMRs for Manufactured Home

Spaces.—FMRs for manufactured home

spaces in the housing choice voucher

program are 40 percent of the twobedroom existing housing program

FMRs, with the exception of the areas

listed in Schedule D whose

manufactured home space FMRs have

been modified on the basis of public

comments. Once approved, the revised

manufactured home space FMRs

establish new base-year estimates that

are updated annually using the same

data used to estimate the existing

housing FMRs. The FMR area

definitions used for the rental of

manufactured home spaces in the

housing choice voucher program are the

same as the area definitions used for

other FMRs.

4. Arrangement of FMR Areas and

Identification of Constituent Parts. a.

The FMR areas in Schedule B are listed

alphabetically by metropolitan FMR

area and by nonmetropolitan county

within each State. The exception FMRs

for manufactured home spaces in

Schedule D are listed alphabetically by

State.

b. The constituent counties (and New

England towns and cities) included in

each metropolitan FMR area are listed

immediately following the listings of the

FMR dollar amounts. All constituent

parts of a metropolitan FMR area that

are in more than one State can be

identified by consulting the listings for

each applicable State.

c. Two nonmetropolitan counties are

listed alphabetically on each line of the

nonmetropolitan county listings.

BILLING CODE 4210–32–P

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Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Proposed Rules 25231

[FR Doc. 00–10660 Filed 4–27–00; 8:45 am]

BILLING CODE 4210–32–C