`[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Rules and Regulations]
[Pages 27162-27163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13240]




[[Page 27161]]


_______________________________________________________________________

Part III





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Parts 982 and 983



Section 8 Tenant-Based Programs: Technical Amendments; Final Rule

  Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules 
and Regulations  

[[Page 27162]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 982 and 983

[Docket No. FR-4055-F-01]
RIN 2577-AB64


Office of the Assistant Secretary for Public and Indian Housing; 
Section 8 Tenant-Based Programs: Technical Amendments

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: The purpose of this document is to make technical amendments 
to the final rule governing the tenant-based rental certificate and 
voucher programs. These technical amendments are necessary to add 
provisions that were inadvertently omitted from one section of the 
earlier final rule, and to clarify the original intent of certain other 
provisions. These amendments have the effect of clarifying the 
regulations for these programs.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Madeline Hastings, Associate Deputy 
Assistant Secretary for the Office of Public and Assisted Housing 
Operations, Room 4204, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410-7000, telephone (202) 708-1842 
(voice) [not a toll-free telephone number]. Hearing or speech-impaired 
individuals may access that office by text telephone by dialing 1-800-
877-8339 to use the Federal Information Relay Service. Copies of this 
document will be made available on tape or large print for those with 
impaired vision that request them. They may be obtained at the above 
address.

SUPPLEMENTARY INFORMATION:

I. Background

A. History of Rule

    There were two principal rules issued concerning the Section 8 
Certificate and Voucher programs in the last two years: The rule 
governing admission requirements, establishing subparts A and E, 
published on July 18, 1994 (59 FR 36662) and the rule fleshing out part 
982 by establishing subparts B-D and G-L, published on July 3, 1995 (60 
FR 34660). Since their publication, it has come to the attention of the 
Department that several changes that had been intended to be included 
in these rules were omitted. These changes are being made in this final 
rule.

B. Changes to Rule

    Section 982.54, dealing with the administrative plan, is modified 
to add provisions to the administrative plan that were inadvertently 
omitted in the final rule. While these policies are clearly stated in 
other sections of the final regulations, these are policies on matters 
for which the HA has discretion to establish local policies and, 
therefore, must be included in the administrative plan.
    Language in Secs. 982.158, 982.202, 982.205, 982.301, 982.307, 
982.353, 982.355, 982.401, 982.451, and 982.551 is revised to clarify 
original intent. In addition, a new paragraph (e)(4) is added to 
Sec. 982.355 to provide that the administrative fee may be reduced as a 
sanction for noncompliance with portability requirements, consistent 
with the regulatory sanction for noncompliance with other HA program 
responsibilities.
    The only change to part 983 is to correct a typographical error 
found in Sec. 983.203.

II. Justification for Final Rulemaking

    HUD generally publishes a rule for public comment before issuing a 
rule for effect, in accordance with its own regulations on rulemaking 
in 24 CFR part 10. However, part 10 provides for exceptions to the 
general rule if the agency finds good cause to omit advance notice and 
public participation. The good cause requirement is satisfied when 
prior public procedure is ``impracticable, unnecessary, or contrary to 
the public interest'' (24 CFR 10.1). HUD finds that good cause exists 
to publish this rule for effect without first soliciting public 
comment. HUD believes that it is unnecessary and contrary to the public 
interest to delay the effectiveness of the rule for public comment, 
since the rule merely makes technical and clarifying changes.

III. Other Matters

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities (or any other entities), since 
it merely makes technical amendments.

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
was made in accordance with HUD regulations in 24 CFR part 50 that 
implement section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332) with respect to the original Part 982 issued in 
1994. This Finding is available for public inspection between 7:30 a.m. 
and 5:30 p.m. weekdays in the Office of the Rules Docket Clerk, Office 
of General Counsel, Room 10276, Department of Housing and Urban 
Development, 451 Seventh Street, SW, Washington, DC.

Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this rule 
will not have substantial direct effects on States or their political 
subdivisions, or the relationship between the Federal government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, since it only makes technical 
amendments.

Executive Order 12606, The Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule will not have 
the potential for significant impact on family formation, maintenance, 
or general well-being, and thus is not subject to review under the 
Order.

List of Subjects

24 CFR Part 982

    Grant programs--housing and community development, Housing, Rent 
subsidies, Reporting and recordkeeping requirements.

24 CFR Part 983

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

Catalog

    The catalog of Federal Domestic Assistance numbers for the programs 
affected by this rule are 14.855 (Vouchers), 14.856 (Moderate 
Rehabilitation), and 14.857 (Certificates).

    Accordingly, parts 982 and 983 of title 24 of the Code of Federal 
Regulations, are amended as follows:

[[Page 27163]]

PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR 
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE 
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM

    1-3. The authority citation for part 982 continues to read as 
follows:

    Authority: 42 U.S.C. 1437f and 3535(d).


Sec. 982.54   [Amended]

    4. Section 982.54(d) is amended as follows:
    a. By adding to paragraph (d)(1) after the word ``preferences'' the 
phrase ``(see Secs. 982.202(b)(2) and 982.208(b)), procedures for 
removing applicant names from the waiting list,''.
    b. By removing from paragraph (d)(15) the word ``and'' after the 
semicolon;
    c. By removing from paragraph (d)(16) the period at the end of the 
sentence and adding in its place a semicolon; and
    d. By adding new paragraphs (d)(17), (d)(18) and (d)(19), to read 
as follows:


Sec. 982.54   Administrative plan.

* * * * *
    (d) * * *
    (17) Interim redeterminations of family income and composition;
    (18) Restrictions, if any, on the number of moves by a participant 
family (see Sec. 982.314(c)); and
    (19) Approval by the Board of Commissioners or other authorized 
officials to charge the administrative fee reserve.
* * * * *
    5. In Sec. 982.158, paragraph (d) is revised to read as follows:


Sec. 982.158  Program accounts and records.

* * * * *
    (d) The HA must prepare a unit inspection report.
* * * * *


Sec. 982.202  [Amended]

    6. In Sec. 982.202, the heading of paragraph (a) is revised to read 
``Waiting list admissions and special admissions.''
    7. In Sec. 982.202, the second sentence of paragraph (b)(2) is 
revised to read as follows:


Sec. 982.202  How applicants are selected: General requirements.

* * * * *
    (b) * * *
    (2) * * * However, the HA may target assistance for families who 
live in public housing or other federally assisted housing, or may 
adopt a HUD-approved residency preference (see Sec. 982.208).
* * * * *
    8. In Sec. 982.205, the section heading and paragraph (a)(1) are 
revised to read as follows:


Sec. 982.205  Waiting list: Single list; area covered.

    (a) * * *
    (1) An HA must use a single waiting list for admissions to its 
tenant-based certificate and voucher programs. The HA may use a 
separate waiting list for such admissions for an area not smaller than 
a county or municipality.
* * * * *


Sec. 982.301  [Amended]

    9. In Sec. 982.301, paragraph (b) is amended as follows:
    a. Paragraph (b)(4) is removed and the remaining paragraphs are 
redesignated (b)(4) through (b)(16); and
    b. In redesignated paragraph (b)(10), the word ``HUD'' is removed 
and the word ``HUD-required'' is added in its place.


Sec. 982.307  [Amended]

    10. In Sec. 982.307, paragraph (b)(1)(i) is amended by adding ``and 
prior'' after the word ``current''.


Sec. 982.353   [Amended]

    11. In Sec. 982.353(b), the first sentence is amended by removing 
the reference to ``paragraph (c)'' and adding in its place a reference 
to ``paragraph (c) or (d)''.
    12. Section 982.355 is amended as follows:
    a. Paragraph (b)(2) is revised;
    b. A new paragraph (b)(3) is added;
    c. A new sentence is added at the end of paragraph (e)(3);
    d. The third sentence of paragraph (e)(5) is removed; and
    e. Paragraph (e)(4) is revised, to read as follows:


Sec. 982.355   Portability: Administration by receiving HA.

* * * * *
    (b) * * *
    (2) If the family was receiving assistance under the initial HA 
certificate program, but is ineligible for admission to the voucher 
program, a receiving HA must provide continued assistance under the 
certificate program. If the family was receiving assistance under the 
initial HA voucher program, but is ineligible for admission to the 
certificate program, a receiving HA must provide continued assistance 
under the voucher program.
    (3) If a receiving HA is absorbing the family into its own program 
(i.e., providing assistance without billing the initial HA), the 
receiving HA has the choice of assisting the family under either the 
certificate or voucher program. If a receiving HA is not absorbing the 
family into its own program, the receiving HA must assist the family 
under the same program (certificate program or voucher program) as the 
initial HA.
* * * * *
    (e) * * *
    (3) * * * If both HAs agree, the HAs may negotiate a different 
amount of reimbursement.
    (4) HUD may reduce the administrative fee to an initial or 
receiving HA if the HA does not comply with HUD portability 
requirements.
* * * * *
    13. In Sec. 982.401, paragraph (j)(3)(iv)(B) is revised to read as 
follows:


Sec. 982.401   Housing quality standards (HQS).

* * * * *
    (j) * * *
    (3) * * *
    (iv) * * *
    (B) The entrance and hallway providing access to a unit in a multi-
unit building; and
* * * * *


Sec. 982.451   [Amended]

    14. In Sec. 982.451, the third sentence of paragraph (c)(5) is 
amended by adding ``another source is'' after the word ``unless''.
    15. In Sec. 982.551, paragraph (h)(2) is amended by adding a 
sentence at the end to read as follows:


Sec. 982.551   Obligations of participant.

* * * * *
    (h) * * *
    (2) * * * No other person [i.e., nobody but members of the assisted 
family] may reside in the unit (except for a foster child or live-in 
aide as provided in paragraph (h)(4) of this section).

PART 983--SECTION 8 PROJECT-BASED CERTIFICATE PROGRAM

    16. The authority citation for part 983 continues to read as 
follows:

    Authority: 42 U.S.C. 1437f and 3535(d).


Sec. 983.203   [Amended]

    17. In Sec. 983.203(a)(5), the word ``Has'' is removed and the word 
``HAs'' is added in its place.

    Dated: May 10, 1996.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-13240 Filed 5-29-96; 8:45 am]
BILLING CODE 4210-33-P`