Removal of Obsolete Section 8 Rental Assistance Certificate Program Regulations, 8243-8247 [2015-03037]

Download as PDF Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 203 [Docket No. FR–5845–N–01] HUD’s Qualified Mortgage Rule: Annual Threshold Adjustments to the Points and Fees Limit Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Announcement of HUD’s qualified mortgage rule’s annual threshold adjustments. AGENCY: The Consumer Financial Protection Bureau (CFPB) issued a final rule entitled ‘‘Truth in Lending (Regulation Z) Annual Threshold Adjustments (CARD ACT, HOEPA and ATR/QM)’’ on August 15, 2014. The final rule re-calculated the annual dollar amounts for the points and fees limit in CFPB’s ‘‘qualified mortgage’’ definition to reflect the annual percentage change in the Consumer Price Index in effect on June 1, 2014. HUD’s ‘‘qualified mortgage’’ definition incorporates CFPB’s qualified mortgage points and fees limit and the requirement that the points and fees limit be adjusted annually. This document clarifies that all annual adjustments to the qualified mortgage points and fees limit issued by the CFPB to reflect the Consumer Price Index apply to HUD’s points and fees limit provision, including CFPB’s most recent final rule. DATES: Effective Date: February 17, 2015. SUMMARY: FOR FURTHER INFORMATION CONTACT: Michael P. Nixon, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9278, Washington, DC 20410; telephone number 202–402–5216, ext. 3094 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay Service at 800– 877–8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with RULES I. Background On December 11, 2013, at 78 FR 75215, HUD published a final rule that established a definition of ‘‘qualified mortgage’’ for single family residential mortgages that HUD insures, guarantees, or administers. Under HUD’s qualified mortgage rule, qualified mortgage status attaches at origination and insurance endorsement to those single family residential mortgages insured under the National Housing Act (12 U.S.C. 1701 et seq.), section 184 loans for Indian VerDate Sep<11>2014 16:17 Feb 13, 2015 Jkt 235001 housing under the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a), and section 184A loans for Native Hawaiian housing under the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b). HUD’s definition of ‘‘qualified mortgage’’ is codified for each program at 24 CFR 201.7, 203.19, 1005.120 and 1007.80. HUD has defined ‘‘qualified mortgage’’ in a manner that aligns HUD’s definition, to the extent feasible and consistent with HUD’s mission, with that of the ‘‘qualified mortgage’’ definition promulgated by the CFPB, and which is codified at 12 CFR 1026.43. HUD undertook the alignment for the purpose of lessening future differences in standards for HUD’s single family residential insured mortgages and those established by the CFPB, which apply to conventional, federally-related mortgages for which designation as a qualified mortgage is sought. HUD’s alignment to CFPB’s standards at 24 CFR 203.19 includes a crossreference to the CFPB’s limit on points and fees for a qualified mortgage at 12 CFR 1026.43(e)(3). The CFPB’s qualified mortgage limit on points and fees requires that to be a ‘‘qualified mortgage,’’ the transaction’s points and fees must not exceed 3 percent of the total loan amount for a loan amount greater than or equal to $100,000; $3,000 for a loan amount greater than or equal to $60,000 but less than $100,000; 5 percent of the total loan amount for loans greater than or equal to $20,000 but less than $60,000; $1,000 for a loan amount greater than or equal to $12,500 but less than $20,000; and 8 percent of the total loan amount for loans less than $12,500. The definition also provides that the dollar amounts should be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI–U) that was reported on the preceding June 1. Members of the public interested in more detail about HUD’s qualified mortgage regulations may refer to the preamble of HUD’s September 30, 2013, proposed rule and HUD’s December 11, 2013, final rule, at 78 FR 59890 and 78 FR 75215, respectively. II. HUD Notice of CFPB’s Final Rule On August 15, 2014, the CFPB issued a final rule ‘‘Truth in Lending (Regulation Z) Annual Threshold Adjustments (CARD ACT, HOEPA and ATR/QM).’’ (79 FR 48015) CFPB’s final rule amended the points and fees limit at 12 CFR 1026.43(e)(3), as required by 12 CFR 1026.43(e)(3)(ii), to reflect the PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 8243 annual inflation in the (CPI–U), as published by the Bureau of Labor Statistics, as of June 1, 2014. The adjustment adopted reflected a 2 percent increase in the CPI–U for the required period and is rounded to whole dollars for ease of compliance. The new points and fees limit, effective January 1, 2015, requires that for a covered transaction to be a qualified mortgage the total points and fees must not exceed 3 percent of the total loan amount for a loan greater than or equal to $101,953; $3,059 for a loan amount greater than or equal to $61,172 but less than $101,953; 5 percent of the total loan amount for a loan greater than or equal to $20,391 but less than $61,172; $1,020 for a loan amount greater than or equal to $12,744 but less than $20,391; and 8 percent of the total loan amount for a loan amount less than $12,744. HUD’s reference to 12 CFR 1026.43(e)(3) in its final rule included the requirement that the points and fees limit be updated annually to reflect the CPI–U. Therefore, this document clarifies that all adjustments to the CFPB’s point and fees limit consistent with 12 CFR 1026.43(e)(3)(ii) are to be incorporated into HUD’s points and fees limit per the effective date of the CFPB’s adjustment, including the most recent change issued on August 15, 2014. Dated: February 9, 2015. Biniam Gebre, Acting Assistant Secretary for Housing— Federal Housing Commissioner. [FR Doc. 2015–03139 Filed 2–13–15; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 982 [Docket No. FR–5827–F–01] Removal of Obsolete Section 8 Rental Assistance Certificate Program Regulations Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Final rule. AGENCY: This final rule removes from regulations obsolete references to the Section 8 Tenant-Based Rental Assistance Certificate program (Certificate Program). In accordance with Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ HUD reviewed its regulations to identify regulations that are ‘‘outmoded, ineffective, insufficient or excessively burdensome.’’ Following its review, HUD determined that the SUMMARY: E:\FR\FM\17FER1.SGM 17FER1 8244 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES Certificate Program regulations are obsolete and unnecessary because they govern a program that has been consolidated into another program, the Housing Choice Voucher (HCV) program. This rule also makes minor editorial corrections to the regulations. DATES: Effective date: March 19, 2015. FOR FURTHER INFORMATION CONTACT: For questions, please contact Jennifer Lavorel at 202–402–2515 (the number is not toll-free). Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at 800–877– 8339. She may also be reached via postal mail at the following address: Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410. SUPPLEMENTARY INFORMATION: I. Background On January 18, 2011, President Obama issued Executive Order 13563, ‘‘Improving Regulation and Regulatory Review.’’ 1 The Executive Order directs heads of Federal departments and agencies to review all existing regulations to eliminate those that are outdated and modify others to increase flexibility and reduce burden. As a part of HUD’s overall effort to reduce regulatory burden and streamline the content of title 24 of the Code of Federal Regulations (CFR), this rule removes obsolete references to the Certificate Program, which has long been merged with the HCV program. In the HCV program (and also formerly in the Certificate Program), HUD pays rental subsidies so eligible families can afford decent, safe, and sanitary housing. HUD provides housing assistance funds to public housing agencies (PHAs) that administer the program. Eligible families select and rent units that meet program housing quality standards. The PHA contracts with the owner of the housing to make rent subsidy payments on behalf of the family. The Certificate Program was first created by the Housing and Community Development Act of 1974,2 which amended section 8 of the United States Housing Act of 1937 (1937 Act).3 Building on the success of the Certificate Program, Congress authorized a new rental voucher demonstration program in 1984, by adding a new section 8(o) to the 1937 Act, as part of the Supplemental 1 The Executive Order was subsequently published in the Federal Register on January 21, 2011, at 76 FR 3821. 2 Public Law 93–383, approved August 22, 1974. 3 42 U.S.C. 1437f. VerDate Sep<11>2014 16:17 Feb 13, 2015 Jkt 235001 Appropriations Act, 1984.4 The rental voucher program was similar to the Certificate Program but provided families with more options in housing selection. The rental voucher program was made permanent by the Housing and Community Development Act of 1987.5 HUD published a series of regulatory changes in the 1990s to align the two programs as closely as possible, given the statutory framework of each program. The Quality Housing and Work Responsibility Act of 1998 (QHWRA) 6 amended section 8 of the 1937 Act to fully merge the Certificate and rental voucher programs and eliminated all differences between the two. On May 14, 1999,7 HUD published an interim rule implementing the merger of the two programs into the new HCV program. The interim rule was followed by publication of an October 21, 1999, final rule.8 In accordance with the regulations implementing the merger, the Certificate Program was phased out by October 2001. The removal of obsolete references to the Certificate Program from 24 CFR will eliminate any misunderstanding that the Certificate Program is an active program. No new assistance is being provided under this program. To the extent that any Project-Based Certificate Program contracts remain in effect, they are now governed by the regulations in 24 CFR 983.10, entitled ‘‘Project-based certificate (PBC) program’’. In addition to eliminating obsolete regulatory provisions in 24 CFR part, this rule makes certain minor editorial corrections to the regulations in 24 CFR part 982. For example, in certain places, the regulations refer to PHAs as PHAs but in other places the regulations refer to PHAs as housing authorities or HAs. HUD revised the regulations to consistently use the terms PHA or PHAs throughout. Similarly, the rule revises the part 982 regulations to refer to the tenant-based voucher program as the HCV program. II. Justification for Final Rulemaking In accordance with 24 CFR part 10, it is the practice of HUD to offer interested parties the opportunity to comment on proposed regulations. Part 10, consistent with 5 U.S.C. 553(b), provides for 4 Public Law 98–181, approved November 30, 1983. 5 Public Law 100–242, approved February 5, 1988. 6 Title V of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 105–276, approved October 21, 1998). 7 64 FR 26632. 8 64 FR 56894. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 exceptions to the general rule if an agency, for good cause, finds that ‘‘notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ (See 24 CFR 10.1.) The removal of these regulations from 24 CFR does not establish or affect substantive policy. This final rule removes obsolete and unnecessary regulatory provisions for a program that is no longer being funded and makes non-substantive editorial corrections. Therefore, HUD finds that public notice and comment are unnecessary and contrary to the public interest. III. Findings and Certifications Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because HUD has determined that good cause exists to issue this rule without prior public comment, this rule is not subject to the requirement to publish an initial or final regulatory flexibility analysis under the RFA as part of such action. Unfunded Mandates Reform Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532) requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of UMRA (2 U.S.C. 1534) also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. However, the UMRA applies only to rules for which an agency publishes a general notice of proposed rulemaking. As discussed above, HUD has determined, for good cause, that prior notice and public comment is not required on this rule and, therefore, the UMRA does not apply to this final rule. Executive Order 13132, Federalism Executive Order 13132 (entitled ‘‘Federalism’’‘) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts E:\FR\FM\17FER1.SGM 17FER1 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This final rule will not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive order. Environmental Review This final rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern, or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this final rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). List of Subjects in 24 CFR Part 982 Grant programs—housing and community development, Grant programs-Indians, Indians, Public housing, Rent subsidies, Reporting and recordkeeping requirements. Accordingly, for the reasons stated in the preamble, and pursuant to the Secretary’s authority under 42 U.S.C. 3535(d), 24 CFR part 982 is amended as follows: PART 982—SECTION 8 TENANTBASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM 1. The authority citation for part 982 continues to read as follows: ■ Authority: 42 U.S.C. 1437f and 3535(d). ■ 2. Revise § 982.1(a) to read as follows: tkelley on DSK3SPTVN1PROD with RULES § 982.1 Programs: purpose and structure. (a) General description. (1) In the HUD Housing Choice Voucher (HCV) program, HUD pays rental subsidies so eligible families can afford decent, safe, and sanitary housing. The HCV program is generally administered by State or local governmental entities called public housing agencies (PHAs). HUD provides housing assistance funds to the PHA. HUD also provides funds for PHA administration of the program. (2) Families select and rent units that meet program housing quality standards. If the PHA approves a family’s unit and tenancy, the PHA contracts with the owner to make rent subsidy payments on behalf of the family. A PHA may not approve a tenancy unless the rent is reasonable. VerDate Sep<11>2014 16:17 Feb 13, 2015 Jkt 235001 (3) Subsidy in the HCV program is based on a local ‘‘payment standard’’ that reflects the cost to lease a unit in the local housing market. If the rent is less than the payment standard, the family generally pays 30 percent of adjusted monthly income for rent. If the rent is more than the payment standard, the family pays a larger share of the rent. * * * * * ■ 3. Revise § 982.2 to read as follows: § 982.2 Applicability. Part 982 contains the program requirements for the tenant-based housing assistance program under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). The tenant-based program is the HCV program. 4. Amend § 982.4 as follows: a. Revise paragraph (a)(2); and b. In paragraph (b), remove the definition of ‘‘Tenant rent’’ and revise the definitions of ‘‘Absorption’’, ‘‘Administrative plan’’, ‘‘Admission’’, ‘‘Applicant’’, ‘‘Budget authority’’, ‘‘Continuously assisted’’, ‘‘Housing quality standards (HQS)’’, ‘‘Merger date’’, ‘‘Program’’, ‘‘Receiving PHA’’, and ‘‘Utility reimbursement’’. The revisions read as follows: ■ ■ ■ § 982.4 Definitions. (a) * * * (2) Definitions concerning family income and rent. The terms ‘‘adjusted income,’’ ‘‘annual income,’’ ‘‘extremely low income family,’’ ‘‘tenant rent,’’ ‘‘total tenant payment,’’ ‘‘utility allowance,’’ ‘‘utility reimbursement,’’ and ‘‘welfare assistance’’ are defined in part 5, subpart F of this title. The definitions of ‘‘tenant rent’’ and ‘‘utility reimbursement’’ in part 5, subpart F of this title do not apply to the HCV program under part 982. (b) * * * Absorption. In portability (under subpart H of this part): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC. * * * * * Administrative plan. The plan that describes PHA policies for administration of the HCV program. See § 982.54. Admission. The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in the tenant-based program. Applicant (applicant family). A family that has applied for admission to the PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 8245 HCV program but is not yet a program participant. Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs under the HCV program. For each funding increment in the program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment. * * * * * Continuously assisted. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Act program when the family is admitted to the HCV program. * * * * * Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the HCV program. See § 982.401. * * * * * Merger date. October 1, 1999, which is the effective date of the merger of the two tenant-based programs (the housing voucher and housing certificate programs) into the Housing Choice Voucher (HCV) program. * * * * * Program. The Section 8 HCV program under this part. * * * * * Receiving PHA. In portability: A PHA that receives a family selected for participation in the HCV program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family. * * * * * Utility reimbursement. The portion of the housing assistance payment which exceeds the amount of the rent to owner. (See § 982.514(b)). * * * * * ■ 5. In § 982.51(b), revise the second sentence to read as follows: § 982.51 PHA authority to administer program. * * * * * (b) * * * The PHA must submit additional evidence when there is a change that affects its status as a PHA, its authority to administer the program, or its jurisdiction. § 982.53 [Amended] 6. In § 982.53(e), remove the phrase ‘‘incidents of’’ and add in its place ‘‘an incidence of’’. ■ § 982.54 [Amended] 7. In § 982.54, remove paragraph (d)(19) and redesignate paragraphs (d)(20) through (23) as paragraphs (d)(19) through (22), respectively. ■ E:\FR\FM\17FER1.SGM 17FER1 8246 § 982.101 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations [Amended] 8. In § 982.101(c), remove the word ‘‘HAs’’ and add in its place ‘‘PHAs’’ and remove the parenthetical ‘‘(NOFA)’’ and add in its place ‘‘(NOFAs)’’. based voucher’’ and add in its place ‘‘HCV’’; and ■ e. Revise newly redesignated paragraph (b)(2)(vi) and paragraph (b)(3). The revisions read as follows: § 982.102 § 982.201 ■ [Amended] 9. Amend § 982.102 as follows: a. In paragraph (a), remove the phrase ‘‘part 983 of this title’’ and add in its place ‘‘24 CFR part 983’’ and remove the ‘‘,’’ at the end of the paragraph and add a ‘‘.’’ in its place; ■ b. In paragraph (e)(1)(i), remove the words ‘‘PHA certificate and voucher programs (including project-based assistance under such programs)’’ and add, in their place, the words ‘‘HCV program (including project-based assistance under such program)’’; ■ c. Redesignate the second paragraph (e)(3)(iii) as paragraph (e)(3)(iv); and ■ d. In paragraph (f), capitalize the word ‘‘consolidated’’ in the paragraph heading. ■ ■ § 982.103 [Amended] 10. In § 982.103(a), capitalize the word ‘‘a’’ at the beginning of the paragraph. ■ § 982.151 [Amended] 11. In § 982.151(a)(2), remove the words ‘‘PHA tenant-based assistance program’’ and add in their place ‘‘PHA’s HCV program’’. ■ § 982.152 12. Amend § 982.152 as follows: a. In paragraph (a), remove all references to ‘‘HA’’ and add in their place ‘‘PHA’’; and ■ b. In paragraph (b)(2), remove the phrase ‘‘tenant-based’’ and add in its place ‘‘HCV’’. [Amended] 14. In § 982.161(a), remove the phrase ‘‘tenant-based programs’’ and add in its place ‘‘HCV program’’. ■ 15. Amend § 982.201 as follows: ■ a. In the paragraph heading of paragraph (a), add the word ‘‘In’’ before the word ‘‘general’’; ■ b. In paragraph (b)(2)(i), remove the phrase ‘‘tenant-based voucher’’ and add in its place ‘‘HCV’’; ■ c. Remove paragraph (b)(2)(iv) and redesignate paragraphs (b)(2)(v) through (vii) as paragraphs (b)(2)(iv) through (vi), respectively; ■ d. In newly redesignated paragraph (b)(2)(v), remove the phrase ‘‘tenant- tkelley on DSK3SPTVN1PROD with RULES 16:17 Feb 13, 2015 Jkt 235001 § 982.355 Portability: Administration by receiving PHA. * * * * * (c) * * * (1) The receiving PHA does not redetermine eligibility for a portable family that was already receiving assistance in the initial PHA’s HCV program. However, for a portable family that was not already receiving assistance in the PHA’s HCV program, the initial PHA must determine whether the family is eligible for admission to the receiving PHA’s HCV program. * * * * * § 982.401 § 982.403 § 982.406 PHA approval of assisted 22. In § 982.403, remove paragraph (b) and redesignate paragraph (c) as paragraph (b). ■ [Amended] 23. In § 982.406, remove ‘‘tPHAn’’ and add in its place ‘‘than’’. § 982.452 [Amended] 24. In § 982.452(b)(5)(ii), remove the line break between ‘‘tenant contribution’’ and ‘‘(the part of rent’’. ■ 25. Revise § 982.501 to read as follows: ■ [Amended] 18. In § 982.311(b), remove the word ‘‘HA’’ and add in its place ‘‘PHA’’. [Amended] 19. In § 982.315(b)(3), remove the words ‘‘or actual’’ and add in their place ‘‘of actual’’. ■ 20. Amend § 982.355 as follows: ■ a. In paragraph (a), remove the phrase ‘‘a tenant-based’’ and add in its place ‘‘an HCV’’; ■ b. Revise paragraph (c)(1); ■ c. In paragraph (d)(1), remove the phrase ‘‘PHA voucher’’ and add in its place ‘‘PHA’s HCV’’ and remove the phrase ‘‘PHA tenant-based’’ and add in its place ‘‘PHA’s HCV’’; ■ PO 00000 [Amended] ■ ■ § 982.315 [Amended] 21. Amend § 982.401 as follows: a. In paragraph (a)(1), remove the phrase ‘‘in the programs’’ and add in its place ‘‘under the HCV program’’; ■ b. In paragraph (c)(1)(ii), add a period after ‘‘e.g’’; and ■ c. In paragraph (n)(1), remove ’’ -’’ after ‘‘hearing-impaired person,’’. ■ ■ 16. In § 982.205(a)(1), capitalize the word ‘‘a’’ in the first sentence following the paragraph heading. ■ 17. Add § 982.305(b)(1)(iii) to read as follows: ■ § 982.311 [Amended] ■ [Amended] * * * * (b) * * * (1) (iii) The PHA has approved leasing of the unit in accordance with program requirements. * * * * * 13. In § 982.158(c), remove the word ‘‘tPHAt’’ and add in its place ‘‘that’’. VerDate Sep<11>2014 § 982.205 * ■ § 982.161 * * * * (b) * * * (2) * * * (vi) If a family initially leases a unit outside the PHA jurisdiction under portability procedures at admission to the HCV program, such admission shall be counted against the targeting obligation of the initial PHA (unless the receiving PHA absorbs the portable family into the receiving PHA’s HCV program from the point of admission). (3) The annual income (gross income) of an applicant family is used both for determination of income-eligibility under paragraph (b)(1) of this section and for targeting under paragraph (b)(2)(i) of this section. In determining annual income of an applicant family that includes a person with disabilities, the determination must include the disallowance of increase in annual income as provided in 24 CFR 5.617, if applicable. * * * * * § 982.305 tenancy. [Amended] ■ ■ § 982.158 Eligibility and targeting. * d. In paragraph (e)(6), capitalize the word ‘‘a’’ at the beginning of the paragraph and remove the phrase ‘‘PHA tenant-based’’ and add in its place ‘‘PHA’s HCV’’; and ■ e. In paragraph (e)(7), remove the phrase ‘‘tenant-based’’ and add in its place ‘‘HCV’’. The revision reads as follows: ■ Frm 00008 Fmt 4700 Sfmt 4700 § 982.501 Overview. This subpart describes program requirements concerning the housing assistance payment and rent to owner under the HCV program. § 982.502 ■ [Removed] 26. Remove § 982.502. § 982.503 [Amended] 27. Amend § 982.503 as follows: a. Remove ‘‘Voucher tenancy:’’ from the section heading; and ■ b. Remove paragraph (c)(7). ■ ■ § 982.504 ■ [Amended] 28. Amend § 982.504 as follows: E:\FR\FM\17FER1.SGM 17FER1 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations a. Remove ‘‘Voucher tenancy:’’ from the section heading; ■ b. In paragraph (a) introductory text, remove the phrase ‘‘tenant-based assistance under the voucher program’’ and add in its place ‘‘HCV assistance’’; ■ c. In paragraph (a)(1), remove the phrase ‘‘tenant-based voucher’’ and add in its place ‘‘HCV’’ and remove the phrase ‘‘§ 401.421 of this title’’ and add in its place ‘‘24 CFR 401.421’’; and ■ d. In paragraph (a)(2), remove ‘‘tenantbased’’ and add in its place ‘‘HCV’’. ■ § 982.505 [Amended] 29. In § 982.505, remove ‘‘Voucher tenancy:’’ from the section heading. ■ 30. Revise § 982.516(d)(2) to read as follows: ■ § 982.516 Family income and composition: Regular and interim examinations. * * * * * (d) * * * (2) At the effective date of a regular or interim reexamination, the PHA must make appropriate adjustments in the housing assistance payment in accordance with § 982.505. * * * * * § 982.517 [Amended] 31. In § 982.517(c)(1), capitalize the word ‘‘a’’ at the beginning of the paragraph and remove the word ‘‘PHAs’’ and add in its place ‘‘has’’. ■ §§ 982.518, 982.519, and 982.520 [Removed] ■ [Amended] 37. In § 982.601(c)(1), add a period after ‘‘e.g’’. ■ § 982.615 [Amended] 39. Revise § 982.619(b)(4) to read as follows: RIN 0938–AQ58 ■ § 982.619 Cooperative housing. * * * * * (b) * * * (4) Adjustments are applied to the carrying charge as determined in accordance with this section. * * * * * § 982.623 [Amended] 40. Amend § 982.623 as follows: a. Remove paragraph (a); ■ b. Remove the heading of paragraph (b). ■ c. Redesignate paragraphs (b)(1) through (4) as paragraphs (a) through (d), respectively; ■ d. In newly redesignated paragraph (c), further redesignate paragraphs (i) and (ii) as paragraphs (c)(1) and (2), respectively; and ■ e. In newly redesignated paragraph (d), further redesignate paragraphs (i) through (iii) as paragraphs (d)(1) through (3), respectively. ■ ■ [Amended] 41. In § 982.625(g)(2), add a space between ‘‘its’’ and ‘‘Section 8’’. [Amended] § 982.627 [Amended] [Amended] 42. In § 982.627(c)(2)(ii)(A), remove the line break between ‘‘voucher’’ and ‘‘program’’. 34. In § 982.522(c)(2)(iii), add ‘‘may’’ before ‘‘consider whether’’. § 982.631 § 982.553 ■ ■ [Amended] 35. In § 982.553(a)(2)(ii)(B), remove the phrase ‘‘not to have’’ and add in its place ‘‘not have’’. ■ § 982.555 44. In § 982.636(c), add a period after ‘‘e.g’’. 36. Amend § 982.555 as follows: a. In paragraph (a), add a space between the paragraph heading and paragraph (a)(1), capitalize the word ‘‘a’’ at the beginning of paragraph (a)(1), remove paragraph (a)(1)(iv), and redesignate paragraphs (a)(1)(v) and (vi) as paragraphs (a)(1)(iv) and (v), respectively; and ■ b. In paragraphs (b)(4), (5), (6), and (7), capitalize the word ‘‘a’’ at the beginning of each paragraph. tkelley on DSK3SPTVN1PROD with RULES ■ ■ 16:17 Feb 13, 2015 [Amended] ■ [Amended] VerDate Sep<11>2014 [Amended] 43. In § 982.631(c)(2)(iii), remove the line break between ‘‘unit’’ and ‘‘unless’’. § 982.636 Jkt 235001 § 982.641 [Amended] 45. In § 982.641(c)(3), in the crossreference ‘‘§ 982.353(b)(1), (2), and (3)’’, remove ‘‘(b)(1),(2), and (3)’’. ■ Dated: February 9, 2015. Jemine A. Bryon, Acting Assistant Secretary for Public and Indian Housing. [FR Doc. 2015–03037 Filed 2–13–15; 8:45 am] BILLING CODE 4210–67–P PO 00000 Frm 00009 Fmt 4700 [CMS–6037–RCN] Medicare Program; Reporting and Returning of Overpayments; Extension of Timeline for Publication of the Final Rule Centers for Medicare & Medicaid Services (CMS). ACTION: Extension of timeline for publication of a final rule. AGENCY: This document announces the extension of the timeline for publication of the ‘‘Medicare Program; Reporting and Returning of Overpayments’’ final rule. We are issuing this notice in accordance with the Social Security Act (the Act) which requires notice to be provided in the Federal Register if there are exceptional circumstances that cause us to publish a final rule more than 3 years after the publication date of the proposed rule. In this case, the complexity of the rule and scope of comments warrants the extension of the timeline for publication. DATES: As of February 17, 2015, CMS extends by 1 year the timeline for publication of a final rule concerning policies and procedures for reporting and returning overpayments to the Medicare program for providers and suppliers of services under Parts A and B of title XVIII as outlined in the proposed rule published February 16, 2012, at 77 FR 9179. FOR FURTHER INFORMATION CONTACT: Joe Strazzire, (410) 786–2775. SUPPLEMENTARY INFORMATION: SUMMARY: ■ § 982.552 Centers for Medicare & Medicaid Services 42 CFR Parts 401 and 405 ■ 33. Remove § 982.521(c). DEPARTMENT OF HEALTH AND HUMAN SERVICES 38. In § 982.615(b), remove ‘‘HA’’ and add in its place ‘‘PHA’’. ■ § 982.625 32. Remove §§ 982.518 through 982.520. ■ § 982.521 § 982.601 8247 Sfmt 4700 I. Background Section 1871(a)(3)(A) of the Social Security Act (the Act) requires the Secretary, in consultation with the Director of the Office of Management and Budget (OMB), to establish a regular timeline for the publication of a final rule based on the previous publication of a proposed rule or an interim final rule. In accordance with section 1871(a)(3)(B) of the Act, such regular timeline may vary among different final rules, based on the complexity of the rule, the number and scope of the comments received, and other relevant factors. The timeline for publishing the final rule, however, cannot exceed 3 years from the date of publication of the proposed or interim final rule, unless E:\FR\FM\17FER1.SGM 17FER1

Agencies

[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Rules and Regulations]
[Pages 8243-8247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03037]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 982

[Docket No. FR-5827-F-01]


Removal of Obsolete Section 8 Rental Assistance Certificate 
Program Regulations

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

ACTION: Final rule.

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

SUMMARY: This final rule removes from regulations obsolete references 
to the Section 8 Tenant-Based Rental Assistance Certificate program 
(Certificate Program). In accordance with Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' HUD reviewed its 
regulations to identify regulations that are ``outmoded, ineffective, 
insufficient or excessively burdensome.'' Following its review, HUD 
determined that the

[[Page 8244]]

Certificate Program regulations are obsolete and unnecessary because 
they govern a program that has been consolidated into another program, 
the Housing Choice Voucher (HCV) program. This rule also makes minor 
editorial corrections to the regulations.

DATES:  Effective date: March 19, 2015.

FOR FURTHER INFORMATION CONTACT: For questions, please contact Jennifer 
Lavorel at 202-402-2515 (the number is not toll-free). Persons with 
hearing or speech impairments may access this number through TTY by 
calling the toll-free Federal Relay Service at 800-877-8339. She may 
also be reached via postal mail at the following address: Department of 
Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 18, 2011, President Obama issued Executive Order 13563, 
``Improving Regulation and Regulatory Review.'' \1\ The Executive Order 
directs heads of Federal departments and agencies to review all 
existing regulations to eliminate those that are outdated and modify 
others to increase flexibility and reduce burden. As a part of HUD's 
overall effort to reduce regulatory burden and streamline the content 
of title 24 of the Code of Federal Regulations (CFR), this rule removes 
obsolete references to the Certificate Program, which has long been 
merged with the HCV program.
---------------------------------------------------------------------------

    \1\ The Executive Order was subsequently published in the 
Federal Register on January 21, 2011, at 76 FR 3821.
---------------------------------------------------------------------------

    In the HCV program (and also formerly in the Certificate Program), 
HUD pays rental subsidies so eligible families can afford decent, safe, 
and sanitary housing. HUD provides housing assistance funds to public 
housing agencies (PHAs) that administer the program. Eligible families 
select and rent units that meet program housing quality standards. The 
PHA contracts with the owner of the housing to make rent subsidy 
payments on behalf of the family.
    The Certificate Program was first created by the Housing and 
Community Development Act of 1974,\2\ which amended section 8 of the 
United States Housing Act of 1937 (1937 Act).\3\ Building on the 
success of the Certificate Program, Congress authorized a new rental 
voucher demonstration program in 1984, by adding a new section 8(o) to 
the 1937 Act, as part of the Supplemental Appropriations Act, 1984.\4\ 
The rental voucher program was similar to the Certificate Program but 
provided families with more options in housing selection. The rental 
voucher program was made permanent by the Housing and Community 
Development Act of 1987.\5\
---------------------------------------------------------------------------

    \2\ Public Law 93-383, approved August 22, 1974.
    \3\ 42 U.S.C. 1437f.
    \4\ Public Law 98-181, approved November 30, 1983.
    \5\ Public Law 100-242, approved February 5, 1988.
---------------------------------------------------------------------------

    HUD published a series of regulatory changes in the 1990s to align 
the two programs as closely as possible, given the statutory framework 
of each program. The Quality Housing and Work Responsibility Act of 
1998 (QHWRA) \6\ amended section 8 of the 1937 Act to fully merge the 
Certificate and rental voucher programs and eliminated all differences 
between the two. On May 14, 1999,\7\ HUD published an interim rule 
implementing the merger of the two programs into the new HCV program. 
The interim rule was followed by publication of an October 21, 1999, 
final rule.\8\ In accordance with the regulations implementing the 
merger, the Certificate Program was phased out by October 2001.
---------------------------------------------------------------------------

    \6\ Title V of the Departments of Veterans Affairs and Housing 
and Urban Development, and Independent Agencies Appropriations Act, 
1999 (Pub. L. 105-276, approved October 21, 1998).
    \7\ 64 FR 26632.
    \8\ 64 FR 56894.
---------------------------------------------------------------------------

    The removal of obsolete references to the Certificate Program from 
24 CFR will eliminate any misunderstanding that the Certificate Program 
is an active program. No new assistance is being provided under this 
program. To the extent that any Project-Based Certificate Program 
contracts remain in effect, they are now governed by the regulations in 
24 CFR 983.10, entitled ``Project-based certificate (PBC) program''.
    In addition to eliminating obsolete regulatory provisions in 24 CFR 
part, this rule makes certain minor editorial corrections to the 
regulations in 24 CFR part 982. For example, in certain places, the 
regulations refer to PHAs as PHAs but in other places the regulations 
refer to PHAs as housing authorities or HAs. HUD revised the 
regulations to consistently use the terms PHA or PHAs throughout. 
Similarly, the rule revises the part 982 regulations to refer to the 
tenant-based voucher program as the HCV program.

II. Justification for Final Rulemaking

    In accordance with 24 CFR part 10, it is the practice of HUD to 
offer interested parties the opportunity to comment on proposed 
regulations. Part 10, consistent with 5 U.S.C. 553(b), provides for 
exceptions to the general rule if an agency, for good cause, finds that 
``notice and public procedure thereon are impracticable, unnecessary, 
or contrary to the public interest.'' (See 24 CFR 10.1.)
    The removal of these regulations from 24 CFR does not establish or 
affect substantive policy. This final rule removes obsolete and 
unnecessary regulatory provisions for a program that is no longer being 
funded and makes non-substantive editorial corrections. Therefore, HUD 
finds that public notice and comment are unnecessary and contrary to 
the public interest.

III. Findings and Certifications

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Because HUD has determined that good cause exists to issue this rule 
without prior public comment, this rule is not subject to the 
requirement to publish an initial or final regulatory flexibility 
analysis under the RFA as part of such action.

Unfunded Mandates Reform

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1532) requires that an agency prepare a budgetary impact 
statement before promulgating a rule that includes a Federal mandate 
that may result in the expenditure by state, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year. If a budgetary impact statement is 
required, section 205 of UMRA (2 U.S.C. 1534) also requires an agency 
to identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule. However, the UMRA applies only to rules for 
which an agency publishes a general notice of proposed rulemaking. As 
discussed above, HUD has determined, for good cause, that prior notice 
and public comment is not required on this rule and, therefore, the 
UMRA does not apply to this final rule.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism''`) prohibits an 
agency from publishing any rule that has federalism implications if the 
rule either imposes substantial direct compliance costs on state and 
local governments and is not required by statute, or the rule preempts

[[Page 8245]]

state law, unless the agency meets the consultation and funding 
requirements of section 6 of the Executive Order. This final rule will 
not have federalism implications and would not impose substantial 
direct compliance costs on state and local governments or preempt state 
law within the meaning of the Executive order.

Environmental Review

    This final rule does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern, or regulate, real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise, or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this 
final rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

List of Subjects in 24 CFR Part 982

    Grant programs--housing and community development, Grant programs-
Indians, Indians, Public housing, Rent subsidies, Reporting and 
recordkeeping requirements.
    Accordingly, for the reasons stated in the preamble, and pursuant 
to the Secretary's authority under 42 U.S.C. 3535(d), 24 CFR part 982 
is amended as follows:

PART 982--SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER 
PROGRAM

0
1. The authority citation for part 982 continues to read as follows:

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


0
2. Revise Sec.  982.1(a) to read as follows:


Sec.  982.1  Programs: purpose and structure.

    (a) General description. (1) In the HUD Housing Choice Voucher 
(HCV) program, HUD pays rental subsidies so eligible families can 
afford decent, safe, and sanitary housing. The HCV program is generally 
administered by State or local governmental entities called public 
housing agencies (PHAs). HUD provides housing assistance funds to the 
PHA. HUD also provides funds for PHA administration of the program.
    (2) Families select and rent units that meet program housing 
quality standards. If the PHA approves a family's unit and tenancy, the 
PHA contracts with the owner to make rent subsidy payments on behalf of 
the family. A PHA may not approve a tenancy unless the rent is 
reasonable.
    (3) Subsidy in the HCV program is based on a local ``payment 
standard'' that reflects the cost to lease a unit in the local housing 
market. If the rent is less than the payment standard, the family 
generally pays 30 percent of adjusted monthly income for rent. If the 
rent is more than the payment standard, the family pays a larger share 
of the rent.
* * * * *

0
3. Revise Sec.  982.2 to read as follows:


Sec.  982.2  Applicability.

    Part 982 contains the program requirements for the tenant-based 
housing assistance program under Section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f). The tenant-based program is the HCV 
program.


0
4. Amend Sec.  982.4 as follows:
0
a. Revise paragraph (a)(2); and
0
b. In paragraph (b), remove the definition of ``Tenant rent'' and 
revise the definitions of ``Absorption'', ``Administrative plan'', 
``Admission'', ``Applicant'', ``Budget authority'', ``Continuously 
assisted'', ``Housing quality standards (HQS)'', ``Merger date'', 
``Program'', ``Receiving PHA'', and ``Utility reimbursement''.
    The revisions read as follows:


Sec.  982.4  Definitions.

    (a) * * *
    (2) Definitions concerning family income and rent. The terms 
``adjusted income,'' ``annual income,'' ``extremely low income 
family,'' ``tenant rent,'' ``total tenant payment,'' ``utility 
allowance,'' ``utility reimbursement,'' and ``welfare assistance'' are 
defined in part 5, subpart F of this title. The definitions of ``tenant 
rent'' and ``utility reimbursement'' in part 5, subpart F of this title 
do not apply to the HCV program under part 982.
    (b) * * *
    Absorption. In portability (under subpart H of this part): the 
point at which a receiving PHA stops billing the initial PHA for 
assistance on behalf of a portability family. The receiving PHA uses 
funds available under the receiving PHA consolidated ACC.
* * * * *
    Administrative plan. The plan that describes PHA policies for 
administration of the HCV program. See Sec.  982.54.
    Admission. The point when the family becomes a participant in the 
program. The date used for this purpose is the effective date of the 
first HAP contract for a family (first day of initial lease term) in 
the tenant-based program.
    Applicant (applicant family). A family that has applied for 
admission to the HCV program but is not yet a program participant.
    Budget authority. An amount authorized and appropriated by the 
Congress for payment to PHAs under the HCV program. For each funding 
increment in the program, budget authority is the maximum amount that 
may be paid by HUD to the PHA over the ACC term of the funding 
increment.
* * * * *
    Continuously assisted. An applicant is continuously assisted under 
the 1937 Act if the family is already receiving assistance under any 
1937 Act program when the family is admitted to the HCV program.
* * * * *
    Housing quality standards (HQS). The HUD minimum quality standards 
for housing assisted under the HCV program. See Sec.  982.401.
* * * * *
    Merger date. October 1, 1999, which is the effective date of the 
merger of the two tenant-based programs (the housing voucher and 
housing certificate programs) into the Housing Choice Voucher (HCV) 
program.
* * * * *
    Program. The Section 8 HCV program under this part.
* * * * *
    Receiving PHA. In portability: A PHA that receives a family 
selected for participation in the HCV program of another PHA. The 
receiving PHA issues a voucher and provides program assistance to the 
family.
* * * * *
    Utility reimbursement. The portion of the housing assistance 
payment which exceeds the amount of the rent to owner. (See Sec.  
982.514(b)).
* * * * *

0
5. In Sec.  982.51(b), revise the second sentence to read as follows:


Sec.  982.51  PHA authority to administer program.

* * * * *
    (b) * * * The PHA must submit additional evidence when there is a 
change that affects its status as a PHA, its authority to administer 
the program, or its jurisdiction.

Sec.  982.53  [Amended]

0
6. In Sec.  982.53(e), remove the phrase ``incidents of'' and add in 
its place ``an incidence of''.

Sec.  982.54  [Amended]

0
7. In Sec.  982.54, remove paragraph (d)(19) and redesignate paragraphs 
(d)(20) through (23) as paragraphs (d)(19) through (22), respectively.


[[Page 8246]]




Sec.  982.101  [Amended]

0
8. In Sec.  982.101(c), remove the word ``HAs'' and add in its place 
``PHAs'' and remove the parenthetical ``(NOFA)'' and add in its place 
``(NOFAs)''.

Sec.  982.102  [Amended]

0
9. Amend Sec.  982.102 as follows:
0
a. In paragraph (a), remove the phrase ``part 983 of this title'' and 
add in its place ``24 CFR part 983'' and remove the ``,'' at the end of 
the paragraph and add a ``.'' in its place;
0
b. In paragraph (e)(1)(i), remove the words ``PHA certificate and 
voucher programs (including project-based assistance under such 
programs)'' and add, in their place, the words ``HCV program (including 
project-based assistance under such program)'';
0
c. Redesignate the second paragraph (e)(3)(iii) as paragraph 
(e)(3)(iv); and
0
d. In paragraph (f), capitalize the word ``consolidated'' in the 
paragraph heading.


Sec.  982.103  [Amended]


0
10. In Sec.  982.103(a), capitalize the word ``a'' at the beginning of 
the paragraph.

Sec.  982.151  [Amended]

0
11. In Sec.  982.151(a)(2), remove the words ``PHA tenant-based 
assistance program'' and add in their place ``PHA's HCV program''.

Sec.  982.152  [Amended]

0
12. Amend Sec.  982.152 as follows:
0
a. In paragraph (a), remove all references to ``HA'' and add in their 
place ``PHA''; and
0
b. In paragraph (b)(2), remove the phrase ``tenant-based'' and add in 
its place ``HCV''.


Sec.  982.158  [Amended]

0
13. In Sec.  982.158(c), remove the word ``tPHAt'' and add in its place 
``that''.


Sec.  982.161  [Amended]

0
14. In Sec.  982.161(a), remove the phrase ``tenant-based programs'' 
and add in its place ``HCV program''.

0
15. Amend Sec.  982.201 as follows:
0
a. In the paragraph heading of paragraph (a), add the word ``In'' 
before the word ``general'';
0
b. In paragraph (b)(2)(i), remove the phrase ``tenant-based voucher'' 
and add in its place ``HCV'';
0
c. Remove paragraph (b)(2)(iv) and redesignate paragraphs (b)(2)(v) 
through (vii) as paragraphs (b)(2)(iv) through (vi), respectively;
0
d. In newly redesignated paragraph (b)(2)(v), remove the phrase 
``tenant-based voucher'' and add in its place ``HCV''; and
0
e. Revise newly redesignated paragraph (b)(2)(vi) and paragraph (b)(3).
    The revisions read as follows:


Sec.  982.201  Eligibility and targeting.

* * * * *
    (b) * * *
    (2) * * *
    (vi) If a family initially leases a unit outside the PHA 
jurisdiction under portability procedures at admission to the HCV 
program, such admission shall be counted against the targeting 
obligation of the initial PHA (unless the receiving PHA absorbs the 
portable family into the receiving PHA's HCV program from the point of 
admission).
    (3) The annual income (gross income) of an applicant family is used 
both for determination of income-eligibility under paragraph (b)(1) of 
this section and for targeting under paragraph (b)(2)(i) of this 
section. In determining annual income of an applicant family that 
includes a person with disabilities, the determination must include the 
disallowance of increase in annual income as provided in 24 CFR 5.617, 
if applicable.
* * * * *


Sec.  982.205  [Amended]

0
16. In Sec.  982.205(a)(1), capitalize the word ``a'' in the first 
sentence following the paragraph heading.

0
17. Add Sec.  982.305(b)(1)(iii) to read as follows:


Sec.  982.305  PHA approval of assisted tenancy.

* * * * *
    (b) * * *
    (1)
    (iii) The PHA has approved leasing of the unit in accordance with 
program requirements.
* * * * *


Sec.  982.311  [Amended]

0
18. In Sec.  982.311(b), remove the word ``HA'' and add in its place 
``PHA''.


Sec.  982.315  [Amended]

0
19. In Sec.  982.315(b)(3), remove the words ``or actual'' and add in 
their place ``of actual''.
0
20. Amend Sec.  982.355 as follows:
0
a. In paragraph (a), remove the phrase ``a tenant-based'' and add in 
its place ``an HCV'';
0
b. Revise paragraph (c)(1);
0
c. In paragraph (d)(1), remove the phrase ``PHA voucher'' and add in 
its place ``PHA's HCV'' and remove the phrase ``PHA tenant-based'' and 
add in its place ``PHA's HCV'';
0
d. In paragraph (e)(6), capitalize the word ``a'' at the beginning of 
the paragraph and remove the phrase ``PHA tenant-based'' and add in its 
place ``PHA's HCV''; and
0
e. In paragraph (e)(7), remove the phrase ``tenant-based'' and add in 
its place ``HCV''.
    The revision reads as follows:


Sec.  982.355  Portability: Administration by receiving PHA.

* * * * *
    (c) * * *
    (1) The receiving PHA does not redetermine eligibility for a 
portable family that was already receiving assistance in the initial 
PHA's HCV program. However, for a portable family that was not already 
receiving assistance in the PHA's HCV program, the initial PHA must 
determine whether the family is eligible for admission to the receiving 
PHA's HCV program.
* * * * *


Sec.  982.401  [Amended]

0
21. Amend Sec.  982.401 as follows:
0
a. In paragraph (a)(1), remove the phrase ``in the programs'' and add 
in its place ``under the HCV program'';
0
b. In paragraph (c)(1)(ii), add a period after ``e.g''; and
0
c. In paragraph (n)(1), remove '' -'' after ``hearing-impaired 
person,''.


Sec.  982.403  [Amended]

0
22. In Sec.  982.403, remove paragraph (b) and redesignate paragraph 
(c) as paragraph (b).

Sec.  982.406  [Amended]

0
23. In Sec.  982.406, remove ``tPHAn'' and add in its place ``than''.


Sec.  982.452  [Amended]

0
24. In Sec.  982.452(b)(5)(ii), remove the line break between ``tenant 
contribution'' and ``(the part of rent''.

0
25. Revise Sec.  982.501 to read as follows:


Sec.  982.501  Overview.

    This subpart describes program requirements concerning the housing 
assistance payment and rent to owner under the HCV program.

Sec.  982.502  [Removed]

0
26. Remove Sec.  982.502.

Sec.  982.503  [Amended]

0
27. Amend Sec.  982.503 as follows:
0
a. Remove ``Voucher tenancy:'' from the section heading; and
0
b. Remove paragraph (c)(7).

Sec.  982.504  [Amended]

0
28. Amend Sec.  982.504 as follows:

[[Page 8247]]

0
a. Remove ``Voucher tenancy:'' from the section heading;
0
b. In paragraph (a) introductory text, remove the phrase ``tenant-based 
assistance under the voucher program'' and add in its place ``HCV 
assistance'';
0
c. In paragraph (a)(1), remove the phrase ``tenant-based voucher'' and 
add in its place ``HCV'' and remove the phrase ``Sec.  401.421 of this 
title'' and add in its place ``24 CFR 401.421''; and
0
d. In paragraph (a)(2), remove ``tenant-based'' and add in its place 
``HCV''.

Sec.  982.505  [Amended]

0
29. In Sec.  982.505, remove ``Voucher tenancy:'' from the section 
heading.

0
30. Revise Sec.  982.516(d)(2) to read as follows:


Sec.  982.516  Family income and composition: Regular and interim 
examinations.

* * * * *
    (d) * * *
    (2) At the effective date of a regular or interim reexamination, 
the PHA must make appropriate adjustments in the housing assistance 
payment in accordance with Sec.  982.505.
* * * * *


Sec.  982.517  [Amended]

0
31. In Sec.  982.517(c)(1), capitalize the word ``a'' at the beginning 
of the paragraph and remove the word ``PHAs'' and add in its place 
``has''.

Sec. Sec.  982.518, 982.519, and 982.520  [Removed]

0
32. Remove Sec. Sec.  982.518 through 982.520.

Sec.  982.521  [Amended]

0
33. Remove Sec.  982.521(c).

Sec.  982.552  [Amended]

0
34. In Sec.  982.522(c)(2)(iii), add ``may'' before ``consider 
whether''.

Sec.  982.553  [Amended]

0
35. In Sec.  982.553(a)(2)(ii)(B), remove the phrase ``not to have'' 
and add in its place ``not have''.

Sec.  982.555  [Amended]

0
36. Amend Sec.  982.555 as follows:
0
a. In paragraph (a), add a space between the paragraph heading and 
paragraph (a)(1), capitalize the word ``a'' at the beginning of 
paragraph (a)(1), remove paragraph (a)(1)(iv), and redesignate 
paragraphs (a)(1)(v) and (vi) as paragraphs (a)(1)(iv) and (v), 
respectively; and
0
b. In paragraphs (b)(4), (5), (6), and (7), capitalize the word ``a'' 
at the beginning of each paragraph.

Sec.  982.601  [Amended]

0
37. In Sec.  982.601(c)(1), add a period after ``e.g''.

Sec.  982.615  [Amended]

0
38. In Sec.  982.615(b), remove ``HA'' and add in its place ``PHA''.

0
39. Revise Sec.  982.619(b)(4) to read as follows:


Sec.  982.619  Cooperative housing.

* * * * *
    (b) * * *
    (4) Adjustments are applied to the carrying charge as determined in 
accordance with this section.
* * * * *


Sec.  982.623  [Amended]

0
40. Amend Sec.  982.623 as follows:
0
a. Remove paragraph (a);
0
b. Remove the heading of paragraph (b).
0
c. Redesignate paragraphs (b)(1) through (4) as paragraphs (a) through 
(d), respectively;
0
d. In newly redesignated paragraph (c), further redesignate paragraphs 
(i) and (ii) as paragraphs (c)(1) and (2), respectively; and
0
e. In newly redesignated paragraph (d), further redesignate paragraphs 
(i) through (iii) as paragraphs (d)(1) through (3), respectively.

Sec.  982.625  [Amended]

0
41. In Sec.  982.625(g)(2), add a space between ``its'' and ``Section 
8''.

Sec.  982.627  [Amended]

0
42. In Sec.  982.627(c)(2)(ii)(A), remove the line break between 
``voucher'' and ``program''.


Sec.  982.631  [Amended]

0
43. In Sec.  982.631(c)(2)(iii), remove the line break between ``unit'' 
and ``unless''.


Sec.  982.636  [Amended]

0
44. In Sec.  982.636(c), add a period after ``e.g''.

Sec.  982.641  [Amended]

0
45. In Sec.  982.641(c)(3), in the cross-reference ``Sec.  
982.353(b)(1), (2), and (3)'', remove ``(b)(1),(2), and (3)''.

    Dated: February 9, 2015.
Jemine A. Bryon,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 2015-03037 Filed 2-13-15; 8:45 am]
BILLING CODE 4210-67-P
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