31280 Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4637–N–01]

Notice of Annual Factors for

DeterminingPublic Housing Agency

On-Going Administrative Fees for the

Housing Choice Voucher Program and

the Rental Certificate and Moderate

Rehabilitation Programs

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice.

SUMMARY: This notice announces the

monthly per unit fee amounts for use in

determining the on-going administrative

fee for public housing agencies (PHAs)

administering the housing choice

voucher program, and the rental

certificate and moderate rehabilitation

programs (including Single Room

Occupancy and Shelter Plus Care)

during Federal Fiscal Year (FY) 2001.

The rental certificate program

terminates at the end of FY 2001.

EFFECTIVE DATE: This notice is effective

upon publication. HUD will use the

procedures in this Notice to approve

year-end financial statements for PHA

fiscal years ending on December 31,

2000; March 31, 2001; June 30, 2001;

and September 30, 2001. PHAs also

must use these procedures to project

earned administrative fees in the annual

PHA budget. The procedures in this

Notice apply to on-going administrative

fees earned for that portion of the PHA

fiscal year that falls in Federal FY 2001

(i.e., from October 1, 2000, to September

30, 2001).

FOR FURTHER INFORMATION CONTACT:

Gerald J. Benoit, Director, Real Estate

and Housing Performance Division,

Office of Public and Assisted Housing

Delivery, Office of Public and Indian

Housing, Department of Housing and

Urban Development, Room 4210, 451

Seventh Street, SW, Washington, DC

20410–8000; telephone number (202)

708–0477 (this is not a toll-free

telephone number). Hearing or speech

impaired individuals may access this

number via TTY by calling the toll-free

Federal Information Relay Service at 1–

800–877–8339.

SUPPLEMENTARY INFORMATION:

I. Statutory Background

HUD pays administrative fees to

PHAs for the costs of administering the

housing choice voucher program and

the rental certificate and moderate

rehabilitation programs, including the

Single Room Occupancy and Shelter

Plus Care components. Section 202 of

the Departments of Veterans Affairs and

Housing and Urban Development, and

Independent Agencies Appropriations

Act, 1997 (Pub. L. 104–204, 110 Stat.

2874 and 2893 approved September 26,

1996) established the procedures for

calculating these administrative fees

before Federal Fiscal Year 1999.

However, Section 8(q) of the United

States Housing Act of 1937 (42 U.S.C.

1437f(q)), as amended by section 547 of

the Quality Housing and Work

Responsibility Act of 1998 (Pub. L. 105–

276, 112 Stat. 2461 and 2605, approved

October 21, 1998) (QHWRA) raised the

on-going percentage of the ‘‘base

amount’’ used for calculating the

administrative fees for the first 600 units

in a PHA’s housing choice voucher

program from 7.5 percent to 7.65

percent. The Department of Veterans

Affairs and Housing and Urban

Development and Independent Agencies

FY 2001 Appropriations Act (Pub. L.

106–377, Stat. 1441, approved October

27, 2000) provides that the

administrative fee authorized under

section 8(q) of United States Housing

Act of 1937, is the fee level in effect

immediately before the enactment of the

QHWRA of 1998. Before enactment of

QHWRA, the on-going administrative

fee percent for the first 600 units in a

PHA’s housing choice voucher program

was 7.5 percent of the base amount.

This notice announces the

methodology to be used for calculating

the on-going administrative fee for

PHAs administering the housing choice

voucher program and the rental

certificate and moderate rehabilitation

programs (including Single Room

Occupancy and Shelter Plus Care)

during FY 2001.

A PHA’s on-going administrative fee

may be reduced because of PHA failure

to comply with its administrative

responsibilities (section 982.152(d)). For

example, HUD may reduce the on-going

fee if the PHA does not provide required

information on program participants to

the Multifamily Tenant Characteristics

System as required by HUD or maintain

at least a 92 percent lease-up.

II. Calculating the On-Going Monthly

Administrative Fee

(a) On-going Administrative Fee. A

public housing agency is paid an ongoing administrative fee for each unit

month for which a dwelling unit is

covered by a housing assistance

payments contract. Under the system for

FY 2001, the on-going monthly

administrative fee is:

1. 7.5 percent of the ‘‘base amount’’

for the first 600 units in a PHA’s

housing choice voucher and rental

certificate programs combined, and for

the first 600 units in a PHA’s moderate

rehabilitation program.

2. 7.0 percent of the ‘‘base amount’’

for each additional housing choice

voucher, rental certificate, or moderate

rehabilitation unit above the 600 unit,

threshold.

3. 3.0 percent of the ‘‘base amount’’

for PHA-owned units.

(b) The Base Amount. The ‘‘Base

Amount’’ is the higher of:

1. The FY 1993 fair market rent for a

two-bedroom unit; or

2. The FY 1994 fair market rent for a

two-bedroom unit, but not more than

103.5 percent of the FY 1993 fair market

rent.

Note: The base amount is adjusted

annually to reflect average local government

wages as measured by the most recent Bureau

of Labor Statistics data on local government

wages (the ES–202 series).

(c) Additional Fees. PIH Notice 2000–

28 (HA) (issued August 9, 2000) and PIH

Notice 2000–49 (HA) (issued October

27, 2000) lists other authorized fees.

III. On-Going Fee Amounts

(a) Fee Schedule. This notice

publishes the schedule of monthly per

unit on-going administrative fee

amounts. These on-going fee amounts

shall be used by HUD and PHAs for

preparation of PHA budgets and

approval of fiscal year-end financial

statements. The schedules are organized

by the HUD-established fair market rent

areas and show the monthly on-going

fee amounts a PHA will earn for each

unit under a housing assistance

payments contract on the first day of the

applicable month.

(b) Column A: Fees for Program of 600

Units or Less. The amount in column A

is the monthly per unit on-going fee

amount for the first 7,200 unit months

in FY 2001 in a PHA’s combined rental

certificate and voucher programs

combined (not including any PHAowned units). The 7,200 unit month

figure is determined by multiplying 600

units times 12 (the number of months in

one year).

On-going fee amounts in column A

are also used as the monthly per unit fee

for the first 7,200 unit months in FY

2001 in a PHA’s moderate rehabilitation

program, including the moderate

rehabilitation single room occupancy

program. However, the column A

amounts are not used to calculate ongoing fees for any PHA-owned units.

The total column A on-going fee is

computed by multiplying the number of

unit months under a housing assistance

payments contract in Federal FY 2001

by the monthly per unit fee amount in

column A, up to the maximum number

of unit months.

Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Notices 31281

The maximum number of unit months

for which the column A fee amount may

be used depends on the PHA fiscal year

end. Based on the applicable PHA fiscal

year end, a PHA must use the following

number of unit months to calculate its

column A on-going administrative fee

for FY 2001:

PHA fiscal year end Maximum number of

column A unit months

December 31, 2000 ........................................................................................................................................................ Up to 1,800 unit months.

March 31, 2001 ............................................................................................................................................................... Up to 3,600 unit months.

June 30, 2001 ................................................................................................................................................................. Up to 5,400 unit months.

September 30, 2001 ....................................................................................................................................................... Up to 7,200 unit months.

(c) Column B: On-going Fees for unit

months in excess of the maximum

number of the Column A Unit Months.

Column B is used to determine the

monthly per unit on-going fee amount

for any unit months in FY 2001 in

excess of the maximum number of unit

months specified in the above matrix

(depending on the PHA’s fiscal year

end). The excess unit months, based on

the PHA’s fiscal year end and the

number of housing choice voucher,

rental certificate and moderate

rehabilitation (including the moderate

rehabilitation single room occupancy

program and the shelter plus care single

room occupancy program—not

including any PHA owned units) units

under housing assistance payment

contracts during FY 2001, are

multiplied by the monthly per unit ongoing fee amount in column B.

(d) Column C: Fees for PHA-Owned

Units. The monthly per unit on-going

fee amount in column C is used to

calculate the on-going administrative fee

for any PHA-owned units. For this

purpose, multiply the number of unit

months for PHA-owned units under

housing assistance payment contracts

during FY 2001. The column C amount

is used for PHA-owned units assisted in

the rental voucher, rental certificate,

and moderate rehabilitation units.

Column A and column B fee amounts

are not used for PHA-owned units.

(e) Fees for Units Under Portability.

The on-going fee amounts used for

reimbursing receiving PHAs for all

portable units (not absorbed by the

receiving PHA) will be determined by

using the monthly per unit on-going

administrative fee amounts in column B

for the PHA.

The receiving PHA administering the

portable housing choice voucher

receives 80 percent of the column B

amount and the initial PHA receives 20

percent of the column B amount.

(f) Future year publication date. For

subsequent fiscal years, HUD will

publish an annual notice in the Federal

Register establishing the monthly per

unit fee amounts for use in determining

the on-going administrative fees for

PHAs operating the housing choice

voucher program and moderate

rehabilitation program in each

metropolitan and each non-metropolitan

fair market rent area for that Federal

fiscal year. The annual change in the

per-unit-month fee amounts will be

based on changes in wage data or other

objectively measurable data, as

determined by HUD, that reflect the

costs of administering the program.

The amounts in the schedule

published in the Federal Register will

not reflect the authority given to HUD

to increase the fee if necessary to reflect

extraordinary expenses such as the

higher costs of administering small

programs and programs operating over

large geographic areas or expenses

incurred because of difficulties some

categories of families are having in

finding appropriate housing. HUD will

consider PHA requests for such

increased administrative fees.

Furthermore, the amounts will not

include preliminary fees.

IV. Findings and Certifications

Paperwork Reduction Act Statement

The information collection

requirements contained in this notice

have been approved by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501–3520), and have been

assigned OMB control number 2577–

0149. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection displays a valid

control number.

Environmental Impact

In accordance with 24 CFR 50.19(c)(6)

of the HUD regulations, the policies and

procedures contained in this notice set

forth rate determinations and related

external administrative requirements

and procedures which do not constitute

a development decision that affects the

physical condition of specific project

areas or building sites, and therefore are

categorically excluded from the

requirements of the national

Environmental Policy Act.

Executive Order 13132, Federalism

Executive Order 13132 (captioned

‘‘Federalism’’) prohibits, to the extent

practicable and permitted by law, an

agency from promulgating a regulation

that has federalism implications and

either imposes substantial direct

compliance costs on State and local

governments and is not required by

statute, or preempts State law, unless

the relevant requirements of section 6 of

the Executive Order are met. None of

the provisions in this notice will have

federalism implications and they will

not impose substantial direct

compliance costs on State and local

governments or preempt State law

within the meaning of the Executive

Order. As a result, the notice is not

subject to review under the Order

Catalog of Federal Domestic Assistance

Number

The Catalog of Federal Domestic

Assistance Number for this program is

14.850.

Dated: May 29, 2001.

Gloria Cousar,

Acting General Deputy, Assistant Secretary

for Public and Indian Housing.

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[FR Doc. 01–14537 Filed 6–8–01; 8:45 am]

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