[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Proposed Rules]
[Pages 20982-21041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11417]




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_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Part 888



Fair Market Rents for the Section 8 Housing Assistance Payments 
Program; Fiscal Year 1997; Proposed Rule

Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / 
Proposed Rules

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 888

[Docket No. FR-4063-N-01]


Office of the Secretary; Fair Market Rents for the Section 8 
Housing Assistance Payments Program--Fiscal Year 1997

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of Proposed Fiscal Year (FY) 1997 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 provides proposed FY 1997 FMRs for all areas.

DATES: Comments due date: July 1, 1996.

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. 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'' 
TDD 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). The 
proposed FY 1997 FMR schedules at the end of this document list the FMR 
levels for the Rental Certificate program (Schedule B), and for the 
areas where the manufactured home space FMRs have had modifications 
approved (Schedule D).

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 between-Census 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 102 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: Starting with the FY 1996 FMRs, HUD implemented 
a new minimum FMR policy in response to numerous public concerns that 
FMRs in rural area were too low to operate the program successfully. As 
a result, FMRs are established at the higher of the local FMR 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.
    FY 1997 FMRs: This document proposes revised FMRs that reflect 
estimated 40th percentile rent levels trended to April 1, 1997. FMRs 
have been calculated separately for each bedroom size category. For 
most FMR areas, the bedroom size ratios are based on 1990 Census data 
for that area. Exceptions have been made for areas with local bedroom 
size rent intervals below an acceptable range. For those areas the 
bedroom size intervals selected were the minimums determined after 
outliers had been excluded from the distribution of bedroom ratios for 
all metropolitan areas. Higher ratios continue to be used

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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, 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.
    On average, about 8,000 telephone numbers need to be contacted to 
achieve the target survey sample level of at least 400 eligible 
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 will be within 5 percent of 
the actual value.
    Today's notice proposes reduced FMRs based on RDD surveys for 7 
areas. They are the Aguadilla, Arecibo, Ponce, and the nonmetropolitan 
areas of PR, plus the Danbury, CT, Portland, ME, and Portsmouth-
Rochester, NH-ME FMR areas.
    AHS Areas: AHSs cover the largest metropolitan areas on a four-year 
cycle, encompassing nearly half of the nation's rental housing stock. 
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. The proposed FY 1997 FMRs incorporate the 
results of the 1994 AHSs. Based on the 1994 survey results, the FMRs 
for the Orange County, CA and Riverside-San Bernardino, CA FMR areas 
are being proposed with decreases. No changes were necessary for 5 
other AHS areas. The FMRs for Buffalo-Niagara Falls, NY, Dallas, TX, 
Fort Worth-Arlington, TX, Milwaukee-Waukesha, WI, and San Diego, CA, 
were updated in the normal manner.

FMR Area Definition Change

    At the request of the Rural Housing and Community Development 
Service (RHS), HUD has reevaluated the Lafayette Louisiana FMR area 
definition and has decided to use the full OMB metropolitan area 
definition. This publication, therefore, proposes the revised 
definition, consisting of Acadia, Lafayette, St. Landry, and St. Martin 
Parishes. HUD accepts the RHS position that there is significant 
commuting among these four Parishes and that they should be treated as 
a single housing market area for FMR purposes.
    The proposed FY 1997 FMRs for the Lafayette FMR area, therefore, 
are based on an RDD survey of the four-Parish area conducted by HUD in 
1995 and updated to the as-of date of this year's FMR estimates. As a 
result of combining the four Parishes into one FMR area, the proposed 
FMRs for Lafayette and St. Martin Parishes are $21 lower and those for 
Acadia and St. Landry Parishes are $37 higher than last year's levels. 
HUD invites public comments on the appropriateness of the revised FMR 
area definition as well as the accuracy of the proposed FMRs.

Manufactured Home Space FMRs

    Manufactured home space FMRs are 30 percent of the applicable 
Section 8 Rental Certificate program FMR for a two-bedroom unit. HUD 
accepts public comments requesting modifications of these FMRs where 
they are thought to be inadequate to run the program. In order to be 
accepted as a basis for revising the FMRs, such comments must contain 
statistically valid survey data that show the 40th percentile space 
rent (excluding the cost of utilities) for the entire FMR area. This 
program uses the same FMR area definitions as the Section 8 Rental 
Certificate program. 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.

Puerto Rico FMRs

    RDD surveys were conducted for all Puerto Rico FMR areas during 
1995. For three of them, Aguadilla, Arecibo, and Ponce, not enough 
sample cases were obtained in 1995 to be usable with sufficient 
confidence for FMR purposes. In early 1996, HUD resumed and completed 
the RDD surveys of these three areas, and re-evaluated the 1995 
nonmetropolitan survey results, and this Federal Register notice 
includes proposed reductions for all of them. This notice also corrects 
an erroneous statement in the February 21, 1996 Federal Register notice 
regarding Aguadilla and the nonmetropolitan areas that their RDD 
surveys had been completed. The FMRs for the nonmetropolitan areas of 
Puerto Rico are being proposed for reduction, using data from the 1995 
RDD survey. As stated in previous Federal Register notices on this 
subject, the Puerto Rico surveys used an augmented questionnaire which 
included many questions regarding housing quality, and the survey was 
administered in Spanish. This completes HUD's RDD-based review of FMRs 
throughout Puerto Rico.

Technical Correction--Santa Rosa, CA

    In the February 21, 1996, Federal Register publication (61 FR 
6690), the FMRs for the zero-bedroom, 3-bedroom, and 4-bedroom sizes 
for the Santa Rosa, CA PMSA were in error. The corrected FY 1996 FMRs 
are as follows:

------------------------------------------------------------------------
                                                    Bedroom             
                                      ----------------------------------
                                         0      1      2      3      4  
------------------------------------------------------------------------
Santa Rosa, CA PMSA..................   $512    581    753   1047   1236
------------------------------------------------------------------------

FMRs for Federal Disaster Areas

    Under the authority granted in 24 CFR part 899, the Secretary finds 
good cause to waive the regulatory requirements that govern requests 
for geographic area FMR exceptions for areas that are declared disaster 
areas by the Federal Emergency Management Agency (FEMA) during FY 1996. 
HUD is prepared to grant disaster-related exceptions up to 10 percent 
above the applicable FMRs. 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 is so substantial that it has increased the 
prevailing rent levels in the affected area. Such exceptions must be 
requested in writing by the responsible PHAs. Once approved by HUD, 
they will remain in effect until superseded by the publication of the 
final FY 1999 FMRs.

Request for Comments

    HUD seeks public comments on FMR levels for specific areas. 
Comments on

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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 FMR 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 resultant FMRs 
will not be identical for the counties surveyed; each individual FMR 
area will have a separate FMR based on its relationship to the combined 
rent of the cluster of FMR areas.
    PHAs that plan to use the RDD survey technique may obtain a copy of 
the appropriate survey guide by calling HUD USER on 1-800-245-2691. 
Larger PHAs should request ``Random Digit Dialing Surveys; A Guide to 
Assist Larger Public Housing Agencies in Preparing Fair Market Rent 
Comments.'' Smaller PHAs should obtain ``Rental Housing Surveys; A 
Guide to Assist Smaller Public Housing Agencies in Preparing Fair 
Market Rent Comments.''
    HUD prefers, but does not mandate, the use of RDD telephone 
surveys, or the more traditional method described in the small PHA 
survey guide 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 of verification for determining whether the sample is 
representative of the FMR area's rental housing stock.
    Local rental housing surveys conducted with alternative methods 
must include the same type of documentation required of the RDD-type 
surveys. Specifically, PHA submissions must include:

--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. 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 by 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 50.20(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 Executive 
Order No. 12606, The Family, has determined that this Notice will not 
have a significant impact on family formation, maintenance, or well-
being. The Notice amends Fair Market Rent schedules for various Section 
8 assisted housing programs, and does not affect the amount of rent a 
family receiving rental assistance pays, which is based on a percentage 
of the family's income.
    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:

    Dated: April 30, 1996.
Henry G. Cisneros,
Secretary.

Fair Market Rents for the Section 8 Housing Assistance Payments 
Program

Schedules B and D--General Explanatory Notes

1. Geographic Coverage
    a. The FMRs shown in Schedule B incorporate 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

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Metropolitan Statistical Area (PMSA) definitions for FMR areas because 
they closely correspond to housing market area definitions. 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.
    b. The exceptions are counties deleted from seven large 
metropolitan areas whose revised OMB 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
Atlanta, GA--Carroll, Pickens, and Walton Counties.
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. 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.
    d. 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             
------------------------------------------------------------------------
Allegheny.............................  Clifton Forge and Covington     
Augusta...............................  Staunton and Waynesboro         
Carroll...............................  Galax                           
Frederick.............................  Winchester                      
Greensville...........................  Emporia                         
Halifax...............................  South Boston                    
Henry.................................  Martinsville                    
Montgomery............................  Radford                         
Rockbridge............................  Buena Vista and Lexington       
Rockingham............................  Harrisonburg                    
Southhampton..........................  Franklin                        
Wise..................................  Norton                          
------------------------------------------------------------------------

    e. FMRs for Section 8 manufactured home spaces are 30 percent of 
the two-bedroom Section 8 Rental Certificate program FMRs, with the 
exception of the areas listed in Schedule D whose manufactured home 
space FMRs have been revised 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 Rental Certificate program FMRs. The FMR area definitions 
used for manufactured home spaces are the same as for the Section 8 
Certificate program.

2. 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.
    d. The New England towns and cities included in a nonmetropolitan 
part of a county are listed immediately following the county name.
    e. The FMRs are listed by dollar amount on the first line beginning 
with the FMR area name.

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[FR Doc. 96-11417 Filed 5-7-96; 8:45 am]
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