USDA Rural Development Voucher Program, 15473-15475 [E8-5817]
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15473
Notices
Federal Register
Vol. 73, No. 57
Monday, March 24, 2008
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Rural Housing Service
USDA Rural Development Voucher
Program
Rural Housing Service, USDA.
Notice of USDA Voucher
Program Availability.
AGENCY:
ACTION:
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SUMMARY: This notice informs the public
that the United States Department of
Agriculture (USDA) has established a
demonstration USDA Rural
Development Voucher Program, as
authorized under section 542 of the
Housing Act of 1949 as amended,
(without regard to section 542(b)),
which is being administered by the
USDA. This notice informs the public
that USDA shall make $4,965,000.00
available for this purpose, as
appropriated under the Consolidated
Appropriations Act, 2008. The notice
also sets forth the general policies and
procedures for use of these vouchers.
DATE: March 24, 2008.
FOR FURTHER INFORMATION CONTACT:
Stephanie B.M. White, Director, MultiFamily Housing Portfolio Management
Division, Rural Development, United
States Department of Agriculture, 1400
Independence Avenue, SW., STOP
0782, Washington, DC 20250–0782,
telephone (202) 720–1615. Persons with
hearing or speech impairments may
access this number via TTY by calling
the toll-free Federal Information Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
The Consolidated Appropriations Act,
2008 (Pub. L. 110–161) (December 26,
2007) (Consolidated Appropriations
Act, 2008), appropriates $4,965,000.00
to the USDA for the Rural Development
Voucher Program as authorized under
section 542 of the Housing Act of 1949,
as amended 42 U.S.C. 1471 et seq.
(without regard to section 542(b)).
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The Consolidated Appropriations Act,
2008, provides that the Secretary of the
United States Department of Agriculture
shall carry out the USDA Rural
Development Voucher Program as
follows:
‘‘That of the funds made available under
this heading, $5,000,000 shall be available for
rural housing vouchers to any low-income
household (including those not receiving
rental assistance) residing in a property
financed with a section 515 loan which has
been prepaid after September 30, 2005:
Provided further, That the amount of such
voucher shall be the difference between
comparable market rent for the section 515
unit and the tenant paid rent for such unit:
Provided further, That funds made available
for such vouchers shall be subject to the
availability of annual appropriations:
Provided further, That the Secretary shall, to
the maximum extent practicable, administer
such vouchers with current regulations and
administrative guidance applicable to section
8 housing vouchers administered by the
Secretary of the Department of Housing and
Urban Development (including the ability to
pay administrative costs related to delivery of
the voucher funds)’’. This notice outlines the
process for providing voucher assistance to
the eligible impacted families when an owner
prepays a section 515 loan or Agency action
results in a foreclosure after September 30,
2005.
II. Design Features of the USDA
Voucher Program
This section sets forth the design
features of the USDA Rural
Development Voucher Program,
including the eligibility of families, the
inspection of the units, and the
calculation of the subsidy amount.
Rural Development vouchers under
this part are administered by the Rural
Housing Service, an Agency under the
Rural Development mission area, in
accordance with requirements set forth
in, ‘‘The Rural Development Voucher
Program Guide,’’ which can be obtained
by contacting any Rural Development
office. Contact information for Rural
Development offices can be found at
https://offices.sc.egov.usda.gov/locator/
app. These requirements are generally
based on the housing choice voucher
program regulations of the United States
Department of Housing and Urban
Development (HUD) set forth at 24 CFR
part 982, unless otherwise noted by this
Notice.
The Rural Development Voucher
Program is intended to offer protection
to eligible multifamily housing tenants
in properties financed through Rural
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Sfmt 4703
Development’s section 515 Rural Rental
Housing Program (515 property) who
may be subject to economic hardship
through prepayment of the Rural
Development mortgage. When the
owner of a 515 property pays off the
loan, the Rural Development affordable
housing requirements and rental
assistance subsidies generally cease to
exist. Rents may increase, thereby
making the housing unaffordable to
tenants. Whether or not the rent
increases, the tenant will be responsible
for the full payment of rent. The USDA
Rural Development Voucher Program
applies to any 515 property where the
mortgage is paid off prior to the
maturity date in the promissory note
after September 30, 2005. This includes
foreclosed properties. Tenants in
foreclosed properties are eligible for a
Rural Development voucher under the
same conditions as properties that go
through the standard prepayment
process. The Rural Development
voucher will help tenants by providing
a short-term rental subsidy, up to 36
monthly payments, that will
supplement the tenant’s rent payment.
This short-term subsidy enables a tenant
to make an informed decision about
remaining in the property, moving to a
new property, or obtaining other
financial housing assistance. Lowincome tenants in the prepaying
property are eligible to receive a
voucher to use at their current rental
property, or take to any other rental unit
in the United States and its territories.
In order to utilize a voucher, the rental
unit must pass a Rural Development
health inspection, and the owner must
be willing to accept a USDA Rural
Development voucher. USDA Rural
Development vouchers cannot be used
for units in subsidized housing like
Section 8 and public housing, where
two housing subsidies would result. The
USDA Rural Development voucher may
be used for rental units in other
properties financed by Rural
Development, but it cannot be used in
combination with the Rural
Development Rental Assistance
program. The USDA Rural Development
voucher may not be used for the
purchase of a home.
1. Family Eligibility
In order to be eligible for the USDA
Rural Development voucher under this
notice, a family must be residing in the
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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
section 515 project on the date of the
prepayment of the section 515 loan or
upon foreclosure by Rural Development.
Furthermore, the date of the prepayment
or foreclosure must be after September
30, 2005. As stated in the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996, the tenant
must be a citizen, United States noncitizen national, or qualified alien. Rural
Development will determine if the
family is a low-income family on the
date of the prepayment or foreclosure.
When Rural Development determines a
family is low-income, Rural
Development will send the primary
tenant a letter offering the family a
voucher and will enclose a Voucher
Obligation Form. If the family wants to
participate in the USDA Rural
Development Voucher Program, the
tenant has 10 months from the date of
prepayment, but no later than
September 15, 2008, to return the
Obligation Request Form to the local
Rural Development office. A lowincome family is a family whose annual
income does not exceed 80 percent of
the median income for the area. If Rural
Development makes a determination
that the tenant is ineligible based on
income, Rural Development will
provide administrative appeal rights.
The voucher is issued to the household
in the name of the primary tenant. If the
primary tenant dies during the term of
the voucher, the use of the voucher
passes to the co-tenant.
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2. Obtaining a Voucher
Rural Development will monitor the
prepayment request process or
foreclosure process, and as part of that
process will obtain a rent comparability
study prior to the date of prepayment or
foreclosure. The rent comparability
study will be used to calculate the
amount of voucher each tenant is
entitled to receive. All tenants will be
notified of eligibility determinations
and voucher calculations by Rural
Development by the date of prepayment.
As previously stated, such notice will
include a description of the USDA Rural
Development Voucher Program, an
Obligation Request Form, and an offer to
participate in the USDA Rural
Development Voucher Program if the
family is eligible to receive such
voucher. Once the primary tenant
returns the Obligation Request Form to
Rural Development, a voucher will be
issued. All information necessary for a
housing search, explanations of unit
acceptability, and Rural Development
contact information will be provided by
Rural Development to the tenant at that
time.
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16:33 Mar 21, 2008
Jkt 214001
The family receiving a USDA Rural
Development voucher has an initial
search period of 60 calendar days to
find a housing unit. At its discretion,
the Agency may grant one or more
extensions of the initial search period
for up to an additional 60 days. The
maximum voucher search period for any
family participating in the USDA Rural
Development Voucher Program is 120
days. If the family needs and requests an
extension of the initial search period as
a reasonable accommodation to make
the program accessible to a disabled
family member, the Agency will extend
the voucher search period. If the USDA
Rural Development voucher remains
unused after a period of 150 days from
issuance, the USDA Rural Development
voucher will become void and funding
will be cancelled. The tenant will no
longer be eligible to receive a USDA
Rural Development voucher.
3. Initial Lease Term
The initial lease term for the housing
unit where the family wishes to use its
voucher must be for one year.
4. Inspection of Units and Unit
Approval
The inspection standards currently in
effect for the Rural Development section
515 Multi-Family Housing Program
apply to the USDA Rural Development
Voucher Program.
Rural Development must inspect the
unit and ensure that the unit meets the
housing inspection standards of the
program at 7 CFR 3560.103. Under no
circumstances may Rural Development
make voucher rental payments for any
period of time prior to the date that
Rural Development physically inspects
the unit and determines the unit meets
the housing inspection standards. In the
case of properties financed by Rural
Development under the Section 515
program, Rural Development may
accept the results of physical
inspections performed no more than one
year prior to the date of receipt by Rural
Development of Form HUD 52517,
‘‘Request for Tenancy Approval,’’ in
order to make determinations on
acceptable housing standards. Before
approving a family’s assisted tenancy or
executing a Housing Assistance
Payments contract, Rural Development
must determine that the following
conditions are met: (1) The unit has
been inspected by Rural Development
and passes the housing standards
inspection or has otherwise been found
acceptable as noted previously; and (2)
the lease includes the HUD tenancy
addendum.
Once the conditions for a Housing
Assistance Payments contract are met,
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Rural Development will approve the
unit for leasing. Rural Development will
then execute with the owner a Housing
Assistance Payments (HAP) contract,
Form HUD–52641. The HAP contract
must be executed before USDA Rural
Development voucher payments can be
made. While Rural Development must
use its best efforts to execute the HAP
contract on behalf of the family before
the beginning of the lease term, the HAP
contract may be executed up to 60
calendar days after the beginning of the
lease term. If the HAP contract is
executed during this 60-day period,
Rural Development will pay retroactive
housing assistance payments to cover
the portion of the approved lease term
before execution of the HAP contract.
Any HAP contract executed after the 60day period is untimely and Rural
Development will not pay any housing
assistance payment to the owner for that
period. In establishing the effective date
of the voucher HAP contracts, Rural
Development may not execute a housing
voucher contract that is effective prior
to the section 515 loan prepayment.
5. Subsidy Calculations for USDA Rural
Development Vouchers
The monthly housing assistance
payment for the USDA Rural
Development Voucher Program is the
difference between the comparable
market rent for the family’s former
section 515 unit and the tenant
contribution on the date of the
prepayment. The tenant can appeal
Rural Development’s determination of
the voucher amount through USDA’s
administrative appeal process, 7 CFR
part 11. Since the USDA Rural
Development voucher amount will be
based on the comparable market rent,
the voucher amount will never exceed
the comparable market rent at the time
of prepayment for the tenant’s unit if
they choose to stay in-place. Also, in no
event may the USDA Rural
Development voucher subsidy payment
exceed the actual tenant lease rent. The
amount of the voucher does not change
over time. Due to the short-term nature
of the USDA Rural Development
Voucher Program, there are no
continued income eligibility tests or
income recertifications after the family
is determined income-eligible at the
time of prepayment or foreclosure.
6. Mobility and Portability of USDA
Rural Development Vouchers
An eligible family that is issued a
USDA Rural Development voucher may
elect to use the assistance in the same
project or may choose to move from the
property. The USDA Rural Development
voucher may be used at the prepaid
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Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices
property or any other rental unit in the
United States and its territories that
passes Rural Development physical
inspection standards, and where the
owner will accept a USDA Rural
Development voucher. HUD Section 8
and Federally-assisted public housing is
excluded from the USDA Rural
Development Voucher Program because
these units are already federally
subsidized. Tenants with a USDA Rural
Development voucher would have to
give up the USDA Rural Development
voucher to accept the assistance at those
properties. The USDA Rural
Development voucher may be used in
other properties financed by Rural
Development, but it cannot be used in
combination with the Rural
Development Rental Assistance
Program. Tenants with a USDA Rural
Development voucher that apply for
housing in a Rural Developmentfinanced property must choose between
using the voucher or Rental Assistance
(RA). If the tenant relinquishes the
USDA Rural Development voucher in
favor of RA, the tenant is not eligible to
receive another USDA Rural
Development voucher.
7. Term of Funding for Rural
Development Vouchers
The USDA Rural Development
Voucher Program provides voucher
assistance for 12 monthly payments,
subject to the availability of
appropriations to the USDA.
8. Non-Discrimination Statement
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‘‘The U.S. Department of Agriculture
(USDA) prohibits discrimination in all its
programs and activities on the basis of race,
color, national origin, age, disability, and
where applicable, sex, marital status, familial
status, parental status, religion, sexual
orientation, genetic information, political
beliefs, reprisal, or because all or a part of an
individual’s income is derived from any
public assistance program. (Not all
prohibited bases apply to all programs.)
Persons with disabilities who require
alternative means for communication of
program information (Braille, large print,
audiotape, etc.) should contact USDA’s
TARGET Center at (202) 720–2600 (voice and
TDD). To file a complaint of discrimination
write to USDA, Director, Office of Civil
Rights, 1400 Independence Avenue, S.W.,
Washington, D.C. 20250–9410 or call (800)
795–3272 (voice) or (202) 720–6382 (TDD).
USDA is an equal opportunity provider,
employer, and lender.’’
9. Paperwork Reduction Act
The information collection
requirements contained in this
document are those of the Housing
Choice Voucher Program, which have
been approved by the Office of
Management and Budget (OMB) under
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Jkt 214001
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520) and assigned
OMB control number 2577–0169. In
accordance with the Paperwork
Reduction Act, HUD may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection displays a
currently valid OMB control number.
Dated: March 14, 2008.
Russell T. Davis,
Administrator, Rural Housing Service.
[FR Doc. E8–5817 Filed 3–21–08; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Agency: U.S. Census Bureau.
Title: Census Employment Inquiry.
Form Number(s): BC–170A, BC–170B,
BC–170D.
OMB Control Number: 0607–0139.
Type of Request: Revision of a
currently approved collection.
Burden Hours: 250,000.
Number of Respondents: 1,000,000.
Average Hours per Response: 15
minutes.
Needs and Uses: The Census Bureau
requests continued OMB approval for
the BC–170A, BC–170B, and the BC–
170D, Census Employment Inquiry
forms for Field Division.
The BC–170 is used throughout the
census and intercensal periods for the
special census, pretests, and dress
rehearsals for short-term time limited
appointments. Applicants completing
the form for a census related position
are applying for temporary jobs in office
and field positions, such as clerks,
enumerators, crew leaders, and
supervisors. In addition, as an option to
the OF–612, Optional Application for
Federal Employment, the BC–170 may
be used when applying for temporary/
permanent office and field positions,
such as clerks, field representatives, and
supervisors on a recurring survey in one
of the Census Bureau’s 12 Regional
Offices (ROs) throughout the United
States.
During the decennial census, the BC–
170 is intended to expedite hiring and
selection in situations requiring large
numbers of temporary employees for
assignments of a limited duration. The
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15475
use of this form is limited to only
situations which require the
establishment of a temporary office and/
or involve special, one-time or recurring
survey operations at one of the ROs. The
form has been demonstrated to meet our
recruitment needs for temporary
workers and requires significantly less
burden than the Office of Personnel
Management (OPM) Optional Forms
that are available for use by the public
when applying for federal positions. For
the 2010 Census, Census expect to
recruit 3,000,000 applicants for jobs.
The recurring survey form is
identified as the BC–170A. The form for
special censuses is identified as the BC–
170B, and the form for decennial as the
BC–170D. The variation of forms by
operation, is to collect specific data
needed based on the nature of the
operation. The major area of difference
relates to the collection of work history.
A cover sheet will be attached to each
respective BC–170 to provide applicants
with a brief description of their
prospective job duties with the Census
Bureau; the cover sheet message will
vary for decennial, special censuses, or
recurring survey positions. The
modified cover sheet is attached to each
form.
The changes to the forms for this
period included updating the
identification that is allowed to be used
as employment eligibility verification,
the addition of place of birth, and the
collection of the name of the
educational institution the applicant
attended.
The BC–170 (A, B, and D) is
completed by job applicants before or at
the time they are tested. Selecting
officials will review the information
shown on the form and determine the
applicant’s employment suitability.
Failure to collect this information could
result in the hiring of unsuitable and/or
unqualified workers.
Affected Public: Individuals or
households.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
Legal Authority: Title 13, United
States Code, Section 23 a and c.
OMB Desk Officer: Brian HarrisKojetin, (202) 395–7314.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at:
dhynek@doc.gov).
Written comments and
recommendations for the proposed
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]]>Agencies
[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15473-15475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5817]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 /
Notices
[[Page 15473]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
USDA Rural Development Voucher Program
AGENCY: Rural Housing Service, USDA.
ACTION: Notice of USDA Voucher Program Availability.
-----------------------------------------------------------------------
SUMMARY: This notice informs the public that the United States
Department of Agriculture (USDA) has established a demonstration USDA
Rural Development Voucher Program, as authorized under section 542 of
the Housing Act of 1949 as amended, (without regard to section 542(b)),
which is being administered by the USDA. This notice informs the public
that USDA shall make $4,965,000.00 available for this purpose, as
appropriated under the Consolidated Appropriations Act, 2008. The
notice also sets forth the general policies and procedures for use of
these vouchers.
DATE: March 24, 2008.
FOR FURTHER INFORMATION CONTACT: Stephanie B.M. White, Director, Multi-
Family Housing Portfolio Management Division, Rural Development, United
States Department of Agriculture, 1400 Independence Avenue, SW., STOP
0782, Washington, DC 20250-0782, telephone (202) 720-1615. Persons with
hearing or speech impairments may access this number via TTY by calling
the toll-free Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The Consolidated Appropriations Act, 2008 (Pub. L. 110-161)
(December 26, 2007) (Consolidated Appropriations Act, 2008),
appropriates $4,965,000.00 to the USDA for the Rural Development
Voucher Program as authorized under section 542 of the Housing Act of
1949, as amended 42 U.S.C. 1471 et seq. (without regard to section
542(b)).
The Consolidated Appropriations Act, 2008, provides that the
Secretary of the United States Department of Agriculture shall carry
out the USDA Rural Development Voucher Program as follows:
``That of the funds made available under this heading,
$5,000,000 shall be available for rural housing vouchers to any low-
income household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which has
been prepaid after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515 unit
and the tenant paid rent for such unit: Provided further, That funds
made available for such vouchers shall be subject to the
availability of annual appropriations: Provided further, That the
Secretary shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development
(including the ability to pay administrative costs related to
delivery of the voucher funds)''. This notice outlines the process
for providing voucher assistance to the eligible impacted families
when an owner prepays a section 515 loan or Agency action results in
a foreclosure after September 30, 2005.
II. Design Features of the USDA Voucher Program
This section sets forth the design features of the USDA Rural
Development Voucher Program, including the eligibility of families, the
inspection of the units, and the calculation of the subsidy amount.
Rural Development vouchers under this part are administered by the
Rural Housing Service, an Agency under the Rural Development mission
area, in accordance with requirements set forth in, ``The Rural
Development Voucher Program Guide,'' which can be obtained by
contacting any Rural Development office. Contact information for Rural
Development offices can be found at https://offices.sc.egov.usda.gov/
locator/app. These requirements are generally based on the housing
choice voucher program regulations of the United States Department of
Housing and Urban Development (HUD) set forth at 24 CFR part 982,
unless otherwise noted by this Notice.
The Rural Development Voucher Program is intended to offer
protection to eligible multifamily housing tenants in properties
financed through Rural Development's section 515 Rural Rental Housing
Program (515 property) who may be subject to economic hardship through
prepayment of the Rural Development mortgage. When the owner of a 515
property pays off the loan, the Rural Development affordable housing
requirements and rental assistance subsidies generally cease to exist.
Rents may increase, thereby making the housing unaffordable to tenants.
Whether or not the rent increases, the tenant will be responsible for
the full payment of rent. The USDA Rural Development Voucher Program
applies to any 515 property where the mortgage is paid off prior to the
maturity date in the promissory note after September 30, 2005. This
includes foreclosed properties. Tenants in foreclosed properties are
eligible for a Rural Development voucher under the same conditions as
properties that go through the standard prepayment process. The Rural
Development voucher will help tenants by providing a short-term rental
subsidy, up to 36 monthly payments, that will supplement the tenant's
rent payment. This short-term subsidy enables a tenant to make an
informed decision about remaining in the property, moving to a new
property, or obtaining other financial housing assistance. Low-income
tenants in the prepaying property are eligible to receive a voucher to
use at their current rental property, or take to any other rental unit
in the United States and its territories. In order to utilize a
voucher, the rental unit must pass a Rural Development health
inspection, and the owner must be willing to accept a USDA Rural
Development voucher. USDA Rural Development vouchers cannot be used for
units in subsidized housing like Section 8 and public housing, where
two housing subsidies would result. The USDA Rural Development voucher
may be used for rental units in other properties financed by Rural
Development, but it cannot be used in combination with the Rural
Development Rental Assistance program. The USDA Rural Development
voucher may not be used for the purchase of a home.
1. Family Eligibility
In order to be eligible for the USDA Rural Development voucher
under this notice, a family must be residing in the
[[Page 15474]]
section 515 project on the date of the prepayment of the section 515
loan or upon foreclosure by Rural Development. Furthermore, the date of
the prepayment or foreclosure must be after September 30, 2005. As
stated in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the tenant must be a citizen, United States
non-citizen national, or qualified alien. Rural Development will
determine if the family is a low-income family on the date of the
prepayment or foreclosure. When Rural Development determines a family
is low-income, Rural Development will send the primary tenant a letter
offering the family a voucher and will enclose a Voucher Obligation
Form. If the family wants to participate in the USDA Rural Development
Voucher Program, the tenant has 10 months from the date of prepayment,
but no later than September 15, 2008, to return the Obligation Request
Form to the local Rural Development office. A low-income family is a
family whose annual income does not exceed 80 percent of the median
income for the area. If Rural Development makes a determination that
the tenant is ineligible based on income, Rural Development will
provide administrative appeal rights. The voucher is issued to the
household in the name of the primary tenant. If the primary tenant dies
during the term of the voucher, the use of the voucher passes to the
co-tenant.
2. Obtaining a Voucher
Rural Development will monitor the prepayment request process or
foreclosure process, and as part of that process will obtain a rent
comparability study prior to the date of prepayment or foreclosure. The
rent comparability study will be used to calculate the amount of
voucher each tenant is entitled to receive. All tenants will be
notified of eligibility determinations and voucher calculations by
Rural Development by the date of prepayment. As previously stated, such
notice will include a description of the USDA Rural Development Voucher
Program, an Obligation Request Form, and an offer to participate in the
USDA Rural Development Voucher Program if the family is eligible to
receive such voucher. Once the primary tenant returns the Obligation
Request Form to Rural Development, a voucher will be issued. All
information necessary for a housing search, explanations of unit
acceptability, and Rural Development contact information will be
provided by Rural Development to the tenant at that time.
The family receiving a USDA Rural Development voucher has an
initial search period of 60 calendar days to find a housing unit. At
its discretion, the Agency may grant one or more extensions of the
initial search period for up to an additional 60 days. The maximum
voucher search period for any family participating in the USDA Rural
Development Voucher Program is 120 days. If the family needs and
requests an extension of the initial search period as a reasonable
accommodation to make the program accessible to a disabled family
member, the Agency will extend the voucher search period. If the USDA
Rural Development voucher remains unused after a period of 150 days
from issuance, the USDA Rural Development voucher will become void and
funding will be cancelled. The tenant will no longer be eligible to
receive a USDA Rural Development voucher.
3. Initial Lease Term
The initial lease term for the housing unit where the family wishes
to use its voucher must be for one year.
4. Inspection of Units and Unit Approval
The inspection standards currently in effect for the Rural
Development section 515 Multi-Family Housing Program apply to the USDA
Rural Development Voucher Program.
Rural Development must inspect the unit and ensure that the unit
meets the housing inspection standards of the program at 7 CFR
3560.103. Under no circumstances may Rural Development make voucher
rental payments for any period of time prior to the date that Rural
Development physically inspects the unit and determines the unit meets
the housing inspection standards. In the case of properties financed by
Rural Development under the Section 515 program, Rural Development may
accept the results of physical inspections performed no more than one
year prior to the date of receipt by Rural Development of Form HUD
52517, ``Request for Tenancy Approval,'' in order to make
determinations on acceptable housing standards. Before approving a
family's assisted tenancy or executing a Housing Assistance Payments
contract, Rural Development must determine that the following
conditions are met: (1) The unit has been inspected by Rural
Development and passes the housing standards inspection or has
otherwise been found acceptable as noted previously; and (2) the lease
includes the HUD tenancy addendum.
Once the conditions for a Housing Assistance Payments contract are
met, Rural Development will approve the unit for leasing. Rural
Development will then execute with the owner a Housing Assistance
Payments (HAP) contract, Form HUD-52641. The HAP contract must be
executed before USDA Rural Development voucher payments can be made.
While Rural Development must use its best efforts to execute the HAP
contract on behalf of the family before the beginning of the lease
term, the HAP contract may be executed up to 60 calendar days after the
beginning of the lease term. If the HAP contract is executed during
this 60-day period, Rural Development will pay retroactive housing
assistance payments to cover the portion of the approved lease term
before execution of the HAP contract. Any HAP contract executed after
the 60-day period is untimely and Rural Development will not pay any
housing assistance payment to the owner for that period. In
establishing the effective date of the voucher HAP contracts, Rural
Development may not execute a housing voucher contract that is
effective prior to the section 515 loan prepayment.
5. Subsidy Calculations for USDA Rural Development Vouchers
The monthly housing assistance payment for the USDA Rural
Development Voucher Program is the difference between the comparable
market rent for the family's former section 515 unit and the tenant
contribution on the date of the prepayment. The tenant can appeal Rural
Development's determination of the voucher amount through USDA's
administrative appeal process, 7 CFR part 11. Since the USDA Rural
Development voucher amount will be based on the comparable market rent,
the voucher amount will never exceed the comparable market rent at the
time of prepayment for the tenant's unit if they choose to stay in-
place. Also, in no event may the USDA Rural Development voucher subsidy
payment exceed the actual tenant lease rent. The amount of the voucher
does not change over time. Due to the short-term nature of the USDA
Rural Development Voucher Program, there are no continued income
eligibility tests or income recertifications after the family is
determined income-eligible at the time of prepayment or foreclosure.
6. Mobility and Portability of USDA Rural Development Vouchers
An eligible family that is issued a USDA Rural Development voucher
may elect to use the assistance in the same project or may choose to
move from the property. The USDA Rural Development voucher may be used
at the prepaid
[[Page 15475]]
property or any other rental unit in the United States and its
territories that passes Rural Development physical inspection
standards, and where the owner will accept a USDA Rural Development
voucher. HUD Section 8 and Federally-assisted public housing is
excluded from the USDA Rural Development Voucher Program because these
units are already federally subsidized. Tenants with a USDA Rural
Development voucher would have to give up the USDA Rural Development
voucher to accept the assistance at those properties. The USDA Rural
Development voucher may be used in other properties financed by Rural
Development, but it cannot be used in combination with the Rural
Development Rental Assistance Program. Tenants with a USDA Rural
Development voucher that apply for housing in a Rural Development-
financed property must choose between using the voucher or Rental
Assistance (RA). If the tenant relinquishes the USDA Rural Development
voucher in favor of RA, the tenant is not eligible to receive another
USDA Rural Development voucher.
7. Term of Funding for Rural Development Vouchers
The USDA Rural Development Voucher Program provides voucher
assistance for 12 monthly payments, subject to the availability of
appropriations to the USDA.
8. Non-Discrimination Statement
``The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its programs and activities on the basis of
race, color, national origin, age, disability, and where applicable,
sex, marital status, familial status, parental status, religion,
sexual orientation, genetic information, political beliefs,
reprisal, or because all or a part of an individual's income is
derived from any public assistance program. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA's TARGET Center at
(202) 720-2600 (voice and TDD). To file a complaint of
discrimination write to USDA, Director, Office of Civil Rights, 1400
Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800)
795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal
opportunity provider, employer, and lender.''
9. Paperwork Reduction Act
The information collection requirements contained in this document
are those of the Housing Choice Voucher Program, which have been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB
control number 2577-0169. In accordance with the Paperwork Reduction
Act, HUD may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection displays
a currently valid OMB control number.
Dated: March 14, 2008.
Russell T. Davis,
Administrator, Rural Housing Service.
[FR Doc. E8-5817 Filed 3-21-08; 8:45 am]
BILLING CODE 3410-XV-P
