[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78100-78101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30342]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5819-N-01]


Waivers and Alternative Requirements for the Family Self-
Sufficiency Program

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

ACTION: Notice.

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SUMMARY: Previously, the Family Self-Sufficiency Program was 
administered as two separate programs--one for Housing Choice Voucher 
(Section 8) participants and one for Public Housing participants. 
Appropriations for the Family Self-Sufficiency (FSS) program in the 
Consolidated Appropriations Act, 2014, provided, however, that the two 
programs be merged into one program under a separate line item. The 
Consolidated Appropriations Act, 2014, also provided that the Secretary 
could, by Federal Register notice, waive or specify alternative 
requirements under specific sections of the United States Housing Act 
of 1937 in order to facilitate the operation of a unified Family Self-
Sufficiency program. Based on this authority, HUD has unified these 
programs. This notice provides waivers and alternative requirements to 
facilitate the operation of a unified self-sufficiency program.

DATES: This notice is effective: December 29, 2014.

FOR FURTHER INFORMATION CONTACT: Anice Chenault, FSS Program Manager, 
at <a href="/cdn-cgi/l/email-protection#e8a986818b8dc6bbc6ab808d86899d849ca8809d8cc68f879e"><span class="__cf_email__" data-cfemail="f8b996919b9dd6abd6bb909d96998d948cb8908d9cd69f978e">[email protected]</span></a>, Office of Public Housing Investments, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
4120, Washington, DC 20410, telephone number 202-402-2341 (this is not 
a toll-free number). Persons with hearing- or speech-impairments may 
access this number through TTY by calling the toll-free Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    Approximately $75 million in appropriations was made available for 
HUD's (FY) 2014 FSS program, in the Consolidated Appropriations Act, 
2014, (Pub. L. 113-76, 128 Stat. 5, enacted January 17, 2014). 
Previously HUD administered the FSS program as two separate programs--
one for Housing Choice Voucher (Section 8) participants and one for 
Public Housing participants. Consolidated Appropriations Act, 2014 
provided, however, that the two programs be merged into one program 
under a separate line item. The objective of the FSS program is to 
enable participating low-income families to increase their earned 
income and reduce their dependency on welfare assistance and rental 
subsidies. Under the FSS program, low-income families are provided 
opportunities for education, job training, and other forms of social 
service assistance, while living in assisted housing, so they can 
obtain skills necessary to achieve self-sufficiency.

II. Applicable Rules, Statutes, Waivers, and Alternative Requirements

    To facilitate the operation of a unified self-sufficiency program, 
the Consolidated Appropriations Act, 2014, authorizes the Secretary to 
waive, or specify alternative requirements of the sections (b)(3), 
(b)(4), (b)(5) or (c)(1) of Section 23 of the United States Housing Act 
of 1937 (42 U.S.C. 1437u) (1937 Act). Under this authority, the 
Secretary hereby authorizes the following waivers and alternative 
requirements, which has the effect of modifying the FSS statute.
    1. Waiver allowing the Alternative requirement to permit families 
in either the public housing or Housing Choice Voucher program to count 
towards compliance with public housing agencies' (PHAs') mandatory FSS 
participation level and its reduction. HUD is providing an alternative 
requirement to Sections 23(b)(3) and (b)(4) to allow public housing 
agencies to operate a unified FSS program that combines the number of 
families under the formerly separated programs and formerly count 
graduating participants from either rental assistance program to both 
fulfill their mandatory program size requirements and subsequently 
reduce the program size in accordance with Section 236(b)(4). Without 
such a policy, PHAs would have to continue the separate tracking of 
families from each program, which would be unnecessarily burdensome. 
Moreover, this flexibility will allow some PHAs that have had 
difficulty meeting program requirements to come into compliance, and 
enable more families to benefit from FSS. This will apply to all PHAs, 
including those that administer only a single FSS program now and 
choose to expand to serve residents from the other rental assistance 
program. For example, if a PHA serves voucher participants only through 
their FSS program and the PHA expands its FSS program to public housing 
residents as well, then the PHA may count both its voucher FSS and 
public housing FSS graduating participants in reducing its mandatory 
program size.
    2. Waiver allowing Alternative requirement to the timely processing 
of assistance. HUD is providing an alternative requirement to Section 
(b)(5) to provide that public housing applicants, like HCV applicants, 
shall not be delayed in receipt of housing assistance due to electing 
not to participate in FSS. Section 23(b)(5) required no delay in 
admission of HCV applicants who decline to participate in FSS, but is 
silent about public housing admissions. Extending the existing policy 
to public housing applicants promotes uniformity, and also avoids the 
risk that some families will indicate an interest in FSS just to gain 
admission to assisted housing, and then not make effective use of the 
opportunity. It also supports the principle that participation in FSS 
is voluntary.
    3. Waiver to allow Alternative requirements on Conditions of 
Participation. HUD is providing an alternative requirement to Section 
(c)(1) that provides that housing assistance may not be terminated or 
withheld as a consequence of failure to complete the Contract of 
Participation without good cause. Section 23(c)(1) allows PHAs to have 
a policy that HCV assistance may be withheld or terminated for those 
families that fail to comply with their FSS contracts without good 
cause, but does not authorize eviction of public housing tenants for 
FSS non-compliance. This alternative requirement will promote 
uniformity as well as the principle that participation in FSS is 
voluntary. Anecdotal evidence suggests that the risk of termination has 
dampened interest in FSS among HCV participants at agencies that have 
adopted the option, making it more

[[Page 78101]]

difficult for PHAs to comply with FSS requirements.

    Dated: December 17, 2014.
Jemine Bryon,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 2014-30342 Filed 12-24-14; 8:45 am]
BILLING CODE 4210-67-P


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