24846 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 888

[Docket No. FR–4362–N–01]

Fair Market Rents for the Section 8

Housing Assistance Payments

Program—Fiscal Year 1999

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of proposed fiscal year

(FY) 1999 Fair Market Rents (FMRs).

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

States Housing Act of 1937 requires the

Secretary to publish FMRs annually to

be effective on October 1 of each year.

FMRs are used for the Section 8 Rental

Certificate Program (including space

rentals by owners of manufactured

homes under that program); the

Moderate Rehabilitation Single Room

Occupancy program; housing assisted

under the Loan Management and

Property Disposition programs; payment

standards for the Rental Voucher

program; and any other programs whose

regulations specify their use. Today’s

notice proposes revised FMRs that

reflect estimated 40th percentile rent

levels trended to April 1, 1999.

DATES: Comments due date: July 6,

1998.

ADDRESSES: Interested persons are

invited to submit comments regarding

HUD’s estimates of the FMRs as

published in this Notice to the Office of

the General Counsel, Rules Docket

Clerk, Room 10276, Department of

Housing and Urban Development, 451

Seventh Street SW, Washington, DC

20410. Communications should refer to

the above docket number and title and

should contain the information

specified in the ‘‘Request for

Comments’’ section. To ensure that the

information is fully considered by all of

the reviewers, each commenter is

requested to submit two copies of its

comments, one to the Rules Docket

Clerk and the other to the Economic and

Market Analysis Staff in the appropriate

HUD Field Office. A copy of each

communication submitted will be

available for public inspection and

copying during regular business hours

(7:30 a.m.–5:30 p.m. Eastern Time) at

the above address.

FOR FURTHER INFORMATION CONTACT:

Gerald Benoit, Operations Division,

Office of Rental Assistance, telephone

(202) 708–0477. For technical

information on the development of

schedules for specific areas or the

method used for the rent calculations,

contact Alan Fox, Economic and Market

Analysis Division, Office of Economic

Affairs, telephone (202) 708–0590,

Extension 5863 (e-mail:

alan—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. Assistance

payments are limited by FMRs

established by HUD for different areas.

In general, the FMR for an area is the

amount that would be needed to pay the

gross rent (shelter rent plus utilities) of

privately owned, decent, safe, and

sanitary rental housing of a modest

(non-luxury) nature with suitable

amenities.

Publication of FMRs

Section 8(c) of the Act requires the

Secretary of HUD to publish FMRs

periodically, but not less frequently

than annually. The Department’s

regulations provide that HUD will

develop FMRs by publishing proposed

FMRs for public comment and, after

evaluating the public comments,

publish the final FMRs (see 24 CFR

888.115). Schedule B of the proposed

FY 1999 FMR schedules at the end of

this document lists the FMR levels for

Section 8 existing housing. Schedule D

lists FMRs for the rental of

manufactured home spaces in the

Section 8 certificate program in areas

where modifications based on public

comments have been approved for

FMRs greater than 30 percent of the 2-

bedroom FMR.

Method Used To Develop FMRs

FMR Standard

FMRs are gross rent estimates; they

include shelter rent and the cost of

utilities, except telephone. HUD sets

FMRs to assure that a sufficient supply

of rental housing is available to program

participants. To accomplish this

objective, FMRs must be both high

enough to permit a selection of units

and neighborhoods and low enough to

serve as many families as possible. The

level at which FMRs are set is expressed

as a percentile point within the rent

distribution of standard quality rental

housing units. The current definition

used is the 40th percentile rent, the

dollar amount below which 40 percent

of the standard quality rental housing

units rent. The 40th percentile rent is

drawn from the distribution of rents of

units which are occupied by recent

movers (renter households who moved

into their unit within the past 15

months). Newly built units less than

two years old are excluded, and

adjustments have been made to correct

for the below market rents of public

housing units included in the data base.

Data Sources

HUD used the most accurate and

current data available to develop the

FMR estimates. The sources of survey

data used for the base-year estimates

are:

(1) The 1990 Census, which provides

statistically reliable rent data for all

FMR areas;

(2) The Bureau of the Census’

American Housing Surveys (AHSs),

which are used to develop 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 99

metropolitan FMR areas. RDD regional

rent change factors are developed

annually for the metropolitan and

nonmetropolitan parts of each of the 10

HUD regions. The RDD factors are used

to update the base year estimates for all

FMR areas that do not have their own

local CPI survey.

State Minimum FMRs

FMRs are established at the higher of

the local 40th percentile rent level or

the Statewide average of

nonmetropolitan counties, subject to a

ceiling rent cap. The State minimum

also affects a small number of

metropolitan areas whose rents would

otherwise fall below the State

minimum.

Bedroom Size Adjustments

FMRs have been calculated separately

for each bedroom size category. For

areas whose FMRs are based on the

State minimums, the rents for each

bedroom size are the higher of the rent

for the area or the Statewide average of

nonmetropolitan counties for that

bedroom size. For all other FMR areas,

the bedroom intervals are based on data
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for the specific area. Exceptions have

been made for some areas with local

bedroom size rent intervals below an

acceptable range. For those areas the

intervals selected were the minimums

determined after outliers had been

excluded from the distribution of

bedroom intervals for all metropolitan

areas. Higher ratios continue to be used

for three-bedroom and larger size units

than would result from using the actual

market relationships. This is done to

assist the largest, most difficult to house

families in finding program-eligible

units. The FMRs for unit sizes larger

than 4 bedroom are calculated by

adding 15 percent to the 4 bedroom

FMR for each extra bedroom. For

example, the FMR for a 5 bedroom unit

is 1.15 times the 4 bedroom FMR, and

the FMR for a 6 bedroom unit is 1.30

times the 4 bedroom FMR. FMRs for

single-room-occupancy (SRO) units are

0.75 times the 0 bedroom FMR.

RDD Surveys

RDD surveys are used to obtain

statistically-reliable FMR estimates for

selected FMR areas. This survey

technique involves drawing random

samples of renter units occupied by

recent movers. RDD surveys exclude

public housing units, units built in the

past two years, seasonal units, non-cash

rental units, and those owned by

relatives. A HUD analysis has shown

that the slight downward RDD survey

bias caused by including some rental

units that are in substandard condition

is almost exactly offset by the slight

upward bias that results from surveying

only units with telephones.

Approximately 8,000–12,000

telephone numbers need to be contacted

to achieve the target survey sample level

of 200 eligible recent mover responses.

RDD surveys have a high degree of

statistical accuracy; there is a 95 percent

likelihood that the recent mover rent

estimates developed using this approach

are within 3 to 4 percent of the actual

rent value. Virtually all of the estimates

are within 5 percent of the actual value.

Today’s notice proposes FMRs based

on RDD surveys conducted in late-1997

and early-1998 for the following areas:

Proposed FMR Increase Above Normal

Update Factor

Early-1998 RDD:

San Francisco, CA

San Jose, CA

Fulton County, IL

Champaign-Urbana, IL

Evansville-Henderson, IN–KY

Finney County, KS

Ford County, KS

Grant County, KS

Seward County, KS

Goodhue County, MN

Kandiyohi County, MN

McLeod County, MN

Meeker County, MN

Wabasha County, MN

Winona County, MN

Asheville, NC

Omaha, NE–IA

Dayton-Springfield, OH

Salt Lake City-Ogden, UT

Green Bay, WI

Morgan County, WV

Raleigh County, WV

Berkeley County, WV

Charleston, WV

Jefferson County, WV

Proposed FMR Decrease

Late-1997 RDD:

Chicago, IL

Bergen-Passaic, NJ

Newark, NJ

Buffalo-Niagara Falls, NY

Early-1998 RDD:

Fresno, CA

Santa Cruz-Watsonville, CA

Bridgeport, CT

Honolulu, HI

Jersey City, NJ

Newburgh, NY–PA

McAllen-Edinburg-Mission, TX

Proposed FMR Increase by Normal

Update Factor

Late-1997 RDD:

Riverside-San Bernardino, CA

San Diego, CA

Louisville, KY–IN

Monmouth-Ocean, NJ

Syracuse, NY

Philadelphia, PA–NJ

Milwaukee-Waukesha, WI

Early-1998 RDD:

Oakland, CA

Vallejo-Fairfield-Napa, CA

Ventura, CA

Sarasota-Bradenton, FL

West Palm Beach-Boca Raton, FL

Boise City, ID

Mason County, IL

South Bend, IN

Stevens County, KS

Albany-Schenectady-Troy, NY

Hamilton-Middletown, OH

Tulsa, OK

Eugene-Springfield, OR

Bryan-College Station, TX

AHS Areas

AHSs cover the largest metropolitan

areas on a four-year cycle. The 40th

percentile rents for these areas are

calculated from the distributions of twobedroom units occupied by recent

movers. Public housing units, newly

constructed units, and units that fail a

housing quality test are excluded from

the rental housing distributions before

the FMRs are calculated. The proposed

FY 1999 FMRs incorporate the results of

the 1996 AHSs, as follows:

Proposed FMR Increase Above Normal

Update Factor

Cleveland-Lorain-Elyria, OH

Oklahoma City, OK

Memphis, TN–AR–MS

Proposed FMR Decrease

Sacramento, CA

Proposed FMR Increase by Normal

Update Factor

Hartford, CT

Atlanta, GA

Indianapolis, IN

St Louis, MO–IL

Seattle-Bellevue-Everett, WA

Manufactured Home Space FMRs

FMRs for the rental of manufactured

home spaces are 30 percent of the

applicable Section 8 existing housing

program FMR for a two-bedroom unit.

HUD accepts public comments

requesting modifications of these FMRs

where the 30 percent FMRs are thought

to be inadequate. In order to be accepted

as a basis for revising the FMRs,

comments must contain statistically

valid survey data that show the 40th

percentile space rent (excluding the cost

of utilities) for the entire FMR area.

HUD uses the same FMR area

definitions for manufactured home

space rental in the Section 8 certificate

program as are used to develop the

FMRs for Section 8 existing housing

(Schedule B.) Manufactured home space

FMR revisions are published as final

FMRs in Schedule D. Once approved,

the revised manufactured home space

FMRs establish new base year estimates

that are updated annually using the

same data used to update the Rental

Certificate program FMRs.

FMRs for Federal Disaster Areas

Under the authority granted in 24 CFR

part 899, the Secretary finds good cause

to waive and hereby waives the

regulatory requirements that govern

requests for geographic area exception

rents for areas that are declared disaster

areas by the Federal Emergency

Management Agency (FEMA). HUD is

prepared to grant disaster-related

exceptions up to 10 percent above the

applicable FMRs in those areas. HUD

field offices are authorized to approve

such exceptions for: (1) single-county

FMR areas and for individual county

parts of multi-county FMR areas that

qualify as disaster areas under the

Robert T. Stafford Disaster Relief and

Emergency Assistance Act; if (2) the

PHA certifies that damage to the rental

housing stock as a result of the disaster
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is so substantial that it has increased the

prevailing rent levels in the affected

area. Such exception rents must be

requested in writing by the responsible

PHAs. Exception rents approved by

HUD during FY 1999 will remain in

effect until superseded by the

publication of the final FY 2001 FMRs.

Request for Comments

HUD seeks public comments on FMR

levels for specific areas. Comments on

FMR levels must include sufficient

information (including local data and a

full description of the rental housing

survey methodology used) to justify any

proposed changes. Changes may be

proposed in all or any one or more of

the bedroom-size categories on the

schedule. Recommendations and

supporting data must reflect the rent

levels that exist within the entire FMR

area.

HUD recommends use of

professionally-conducted Random Digit

Dialing (RDD) telephone surveys to test

the accuracy of FMRs for areas where

there is a sufficient number of Section

8 units to justify the survey cost of

$10,000–$12,000. Areas with 500 or

more program units usually meet this

criterion, and areas with fewer units

may meet it if actual two-bedroom rents

are significantly different from the

FMRs proposed by HUD. In addition,

HUD has developed a version of the

RDD survey methodology for smaller,

nonmetropolitan PHAs. This

methodology is designed to be simple

enough to be done by the PHA itself,

rather than by professional survey

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

PHAs in nonmetropolitan areas may,

in certain circumstances, do surveys of

groups of counties. All grouped county

surveys must be approved in advance by

HUD. PHAs are cautioned that the

resulting FMRs will not be identical for

the counties surveyed; each individual

FMR area will have a separate FMR

based on the relationship of rents in that

area to the combined rents in the cluster

of FMR areas. In addition, PHAs are

advised that counties whose FMRs are

based on the State minimum will not

have their FMRs revised unless the

grouped survey results show a revised

FMR above the State minimum level.

PHAs that plan to use the RDD survey

technique should obtain a copy of the

appropriate survey guide. Larger PHAs

should request HUD’s survey guide

entitled ‘‘Random Digit Dialing Surveys:

A Guide to Assist Larger Public Housing

Agencies in Preparing Fair Market Rent

Comments.’’ Smaller PHAs should

obtain a guide entitled ‘‘Rental Housing

Surveys: A Guide to Assist Smaller

Public Housing Agencies in Preparing

Fair Market Rent Comments.’’ These

guides are available from HUD USER on

1–800–245–2691, or from HUD’s

Worldwide Web site, in WordPerfect

format, at the following address:

http://www.huduser.org.

HUD prefers, but does not mandate,

the use of RDD telephone surveys, or the

more traditional method described in

the survey guide intended for small

PHAs along with the simplified RDD

methodology. Other survey

methodologies are acceptable as long as

the surveys submitted provide

statistically reliable, unbiased estimates

of the 40th percentile gross rent. Survey

samples should preferably be randomly

drawn from a complete list of rental

units for the FMR area. If this is not

feasible, the selected sample must be

drawn so as to be statistically

representative of the entire rental

housing stock of the FMR area. In

particular, surveys must include units of

all rent levels and be representative by

structure type (including single-family,

duplex and other small rental

properties), age of housing unit, and

geographic location. The decennial

Census should be used as a starting

point and means to verify whether the

sample is representative of the FMR

area’s rental housing stock.

Local rental housing surveys

conducted with alternative methods

must include the following

documentation:

—Identification of the 40th percentile

gross rent (gross rent is rent including

the cost of utilities) and the actual

distribution (or distributions if more

than one bedroom size is surveyed) of

the surveyed units, rank-ordered by

gross rent.

—An explanation of how the rental

housing sample was drawn and a

copy of the survey questionnaire,

transmittal letter, and any publicity

materials.

—An explanation of how the contract

rents of the individual units surveyed

were converted to gross rents. (For

RDD-type surveys, HUD requires use

of the Section 8 utility allowance

schedule.)

—An explanation of how the survey

excluded units built within two years

prior to the survey date.

—The date the rent data were collected

so that HUD can apply a trending

factor to update the estimate to the

midpoint of the applicable fiscal year.

If the survey has already been trended

to this date, the date the survey was

conducted and a description of the

trending factor used.

—Copies of all survey sheets.

Since FMRs are based on standard

quality units and units occupied by

recent movers, both of which are

difficult to identify and survey, HUD

will accept surveys of all rental units

and apply appropriate adjustments.

Most surveys cover only one- and

two-bedroom units, in which case HUD

will make the adjustments for other size

units consistent with the differentials

established on the basis of the 1990

Census data for the FMR area. When

three- and four-bedroom units are

surveyed separately to determine FMRs

for these unit size categories, the

commenter should multiply the 40th

percentile survey rents by 1.087 and

1.077, respectively, to determine the

FMRs. The use of these factors will

produce the same upward adjustments

in the rent differentials as those used in

the HUD methodology.

Other Matters

A Finding of No Significant Impact

with respect to the environment as

required by the National Environmental

Policy Act (42 U.S.C. 4321–4374) is

unnecessary, since the Section 8 Rental

Certificate program is categorically

excluded from the Department’s

National Environmental Policy Act

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

The undersigned, in accordance with

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

605(b)), hereby certifies that this Notice

does not have a significant economic

impact on a substantial number of small

entities, because FMRs do not change

the rent from that which would be

charged if the unit were not in the

Section 8 program.

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order No. 12611, Federalism,

has determined that this Notice will not

involve the preemption of State law by

Federal statute or regulation and does

not have Federalism implications. The

Fair Market Rent schedules do not have

any substantial direct impact on States,

on the relationship between the Federal

government and the States, or on the

distribution of power and responsibility

among the various levels of government.

The Catalog of Federal Domestic

Assistance program number is 14.156,

Lower-Income Housing Assistance

Program (section 8).

Accordingly, the Fair Market Rent

Schedules, which will be codified in 24

CFR part 888, are amended as follows:
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Dated: April 29, 1998.

Andrew Cuomo,

Secretary.

Fair Market Rents for the Section 8

Housing Assistance Payments Program

Schedules B and D—General

Explanatory Notes

1. Geographic Coverage

a. Metropolitan Areas.—FMRs are

housing market-wide rent estimates that

are intended to provide housing

opportunities throughout the geographic

area in which rental housing units are

in direct competition. The FMRs shown

in Schedule B are determined for the

same areas as the Office of Management

and Budget’s (OMB) most current

definitions of metropolitan areas, with

the exceptions discussed in paragraph b.

HUD uses the OMB Metropolitan

Statistical Area (MSA) and Primary

Metropolitan Statistical Area (PMSA)

definitions for FMR areas because they

closely correspond to housing market

area definitions.

b. Exceptions to OMB Definitions.—

The exceptions are counties deleted

from several large metropolitan areas

whose revised OMB metropolitan area

definitions were determined by HUD to

be larger than the housing market areas.

The FMRs for the following counties

(shown by the metropolitan area) are

calculated separately and are shown in

Schedule B within their respective

States under the ‘‘Metropolitan FMR

Areas’’ listing:

Metropolitan Area and Counties Deleted

Chicago, IL: DeKalb, Grundy and

Kendall Counties

Cincinnati-Hamilton, OH-KY-IN: Brown

County, Ohio; Gallatin, Grant and

Pendleton Counties in Kentucky;

and Ohio County, Indiana

Dallas, TX: Henderson County

Flagstaff, AZ-UT: Kane County, UT

New Orleans, LA: St. James Parish

Washington, DC: Berkeley and Jefferson

Counties in West Virginia; and

Clarke, Culpeper, King George and

Warren counties in Virginia

c. Nonmetropolitan Area FMRs.—

FMRs also are established for

nonmetropolitan counties and for

county equivalents in the United States,

for nonmetropolitan parts of counties in

the New England states, and for FMR

areas in Puerto Rico, the Virgin Islands,

and the Pacific Islands.

Nonmetropolitan area FMRs are set at

the higher of the local 40th percentile

rent level or the Statewide average of

nonmetropolitan counties. (The State

minimum also affects a small number of

metropolitan areas whose rents would

otherwise fall below the State

minimum.)

d. Virginia Independent Cities.—

FMRs for the areas in Virginia shown in

the table below were established by

combining the Census data for the

nonmetropolitan counties with the data

for the independent cities that are

located within the county borders.

Because of space limitations, the FMR

listing in Schedule B includes only the

name of the nonmetropolitan county.

The complete definitions of these areas

including the independent cities are as

follows:

Virginia Nonmetropolitan County FMR

Area and Independent Cities Included

County and Cities

Alleghany: Clifton Forge and Covington

Augusta: Staunton and Waynesboro

Carroll: Galax

Frederick: Winchester

Greensville: Emporia

Henry: Martinsville

Montgomery: Radford

Rockbridge: Buena Vista and Lexington

Rockingham: Harrisonburg

Southhampton: Franklin

Wise: Norton

2. Bedroom Size Adjustments

Schedule B shows the FMRs for 0-

bedroom through 4-bedroom units. The

FMRs for unit sizes larger than 4

bedrooms are calculated by adding 15

percent to the 4-bedroom FMR for each

extra bedroom. For example, the FMR

for a 5-bedroom unit is 1.15 times the

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

bedroom unit is 1.30 times the 4

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

the 0 bedroom FMR.

3. FMRs for Manufactured Home Spaces

FMRs for Section 8 manufactured

home spaces in the Section 8 certificate

program are 30 percent of the twobedroom Section 8 existing housing

program FMRs, with the exception of

the areas listed in Schedule D whose

manufactured home space FMRs have

been modified on the basis of public

comments. Once approved, the revised

manufactured home space FMRs

establish new base-year estimates that

are updated annually using the same

data used to estimate the Section 8

existing housing FMRs. The FMR area

definitions used for the rental of

manufactured home spaces in the

Section 8 certificate program are the

same as the area definitions used for

Section 8 existing FMRs.

4. Arrangement of FMR Areas and

Identification of Constituent Parts

a. The FMR areas in Schedule B are

listed alphabetically by metropolitan

FMR area and by nonmetropolitan

county within each State. The exception

FMRs for manufactured home spaces in

Schedule D are listed alphabetically by

State.

b. The constituent counties (and New

England towns and cities) included in

each metropolitan FMR area are listed

immediately following the listings of the

FMR dollar amounts. All constituent

parts of a metropolitan FMR area that

are in more than one State can be

identified by consulting the listings for

each applicable State.

c. Two nonmetropolitan counties are

listed alphabetically on each line of the

nonmetropolitan county listings.

BILLING CODE 4210–62–P
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Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24895
24896 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24897
24898 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24899
24900 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24901
24902 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24903
24904 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24905

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

BILLING CODE 4210–62–C