Streamlining Public Housing Programs, 45368-45373 [E8-17839]
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Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
CBP Form 349 and payment must be
submitted electronically to CBP using
the Automated Clearinghouse (ACH) via
an Internet account established by the
payer and located at https://
www.pay.gov. Fees must be paid for all
shipments unloaded and admitted to the
zone, or in the case of direct deliveries
under §§ 146.39 and 146.40 of this
chapter, unloaded and received in the
zone under the bond of the foreign trade
zone operator.
(3) * * *
(ii) Fee payment. The operator of the
passenger-carrying vessel must pay the
accumulated fees for which he is liable
on a quarterly basis in accordance with
paragraph (f) of this section by
submitting to CBP a Harbor
Maintenance Fee Quarterly Summary
Report, CBP Form 349. The CBP Form
349 must either be mailed to the Office
of Finance, Revenue Division, Customs
and Border Protection, 6650 Telecom
Drive, Indianapolis, Indiana 46278, with
a check or money order payable to U.S.
Customs and Border Protection, or the
CBP Form 349 and payment must be
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payer and located at https://
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*
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Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: July 31, 2008.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E8–17967 Filed 8–4–08; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 903, 941, 945, and 966
[Docket No. FR–4990–P–01]
RIN 2577–AC59
Streamlining Public Housing Programs
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: This proposed rule would
support HUD’s overall objective to
streamline the regulations governing
public housing programs and to
facilitate the transition of public
housing agencies (PHAs) to asset
management. In general, this proposed
rule would streamline portions of the
public housing regulations, and more
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closely align the regulatory framework
of public housing with other federally
subsidized housing programs, providing
PHAs greater flexibility within the
parameters of current law. This
proposed rule offers general principles
and basic guidelines for PHAs to follow,
rather than overly prescriptive
measures, thus allowing PHAs to
operate projects more efficiently as
PHAs move toward asset management.
DATES: Comment Due Date: October 6,
2008.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule. There are two
methods for comments to be submitted
as public comments and to be included
in the public comment docket for this
rule. Additionally, all submissions must
refer to the above docket number and
title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make them immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule. No
Facsimile Comments. Facsimile (FAX)
comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
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Individuals with speech or hearing
impairments may access this number
via TTY by calling the toll-free Federal
Information Relay Service at (800) 877–
8339. Copies of all comments submitted
are available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bessy M. Kong, Deputy Assistant
Secretary, Office of Policy, Program and
Legislative Initiatives, Office of Public
and Indian Housing, telephone number
(202) 708–0713, extension 2548 (this is
not a toll-free number). Persons with
hearing or speech impairments may
access these numbers through TTY by
calling the toll-free Federal Information
Relay Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
On September 19, 2005, at 70 FR
54983, HUD published a final rule
implementing revisions to the Public
Housing Operating Fund program,
providing for a new formula for
distributing operating subsidy to PHAs,
and establishing requirements for PHAs
to convert to asset management. That
final rule was based substantially on the
recommendations of the congressionally
funded Harvard University Graduate
School of Design study on the cost of
operating well-run public housing
(Harvard Cost Study). Appendix H of
the Harvard Cost Study included a list
of requirements unique to public
housing that, if alleviated or otherwise
eliminated, would either make it easier
for PHAs to transition to asset
management or would more closely
conform the public housing regulatory
environment with that of other assisted
housing programs. Generally, HUD
agrees that streamlining the
requirements and procedures included
in the Harvard Cost Study would make
the transition to asset management
easier. Streamlining these processes
would also increase PHA flexibility and
reduce program costs.
This proposed rule does not, however,
address all of the recommendations of
the Harvard Cost Study. Specifically,
while the Harvard Cost Study and other
industry representatives identified the
Department’s regulations in the area of
tenant participation, codified at 24 CFR
part 964, as an area that would benefit
from streamlining, the Department has
chosen not to address part 964 in this
rulemaking, but will consider
addressing it separately.
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II. This Proposed Rule
A. Overview of Proposed Changes
This proposed rule would amend 24
CFR part 903 to eliminate procedural
requirements regarding the
implementation of deconcentration
policy. PHAs would no longer be
required to determine the average
income of all families residing in all
covered developments, the average
income of all families residing in each
covered development, and whether each
of the covered developments fall above,
within, or below the Established Income
Range. Part 903 would also be amended
to remove unnecessary reporting
requirements for PHA plans. PHAs
would no longer be required to provide
annual updates on PHA progress toward
meeting goals described in the 5-year
plan. Eliminating these requirements
would benefit PHAs by reducing staff
time devoted to administrative tasks and
by achieving cost savings through
reduced paperwork.
Part 941 would be revised to provide
PHAs greater flexibility to structure
mixed-finance transactions. Under the
proposed rule, a PHA partner or owner
entities would be permitted to serve as
the general contractor for a mixedfinance project or development if
certain conditions are met. PHAs would
benefit from more options to develop
mixed-finance projects and reduced
project costs by working with a PHA
partner or owner entity.
This proposed rule would also change
24 CFR part 966 to remove procedural
requirements pertaining to grievances.
PHAs would be permitted to establish
their own procedures for informally
settling grievances, obtaining a hearing,
and preparing and distributing the
decisions of the hearing officer or
hearing panel. The elimination of these
requirements would reduce PHA staff
and administrative costs and increase
their capacity to respond to hearing
requests.
HUD recognizes that PHAs may incur
some initial costs in making the
determinations afforded by the
increased flexibility under the proposed
rule. However, the Department believes
that the benefits to both the Department
and PHAs far outweigh any costs
associated with this proposed rule.
Subsequent guidance will provide
assistance in implementing this rule and
will also help to minimize additional
cost burdens associated with it.
B. Part-by-Part Discussion
This proposed rule would amend 24
CFR part 903 (Public Housing Agency
Plans); part 941 (Public Housing
Development); and subpart B of part 966
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(Grievance Procedure). This proposed
rule also removes 24 CFR part 945
(Designated Housing). This section of
the preamble discusses the proposed
regulatory amendments to these parts.
1. Part 903—Public Housing Agency
Plans
Subpart A of part 903, entitled
‘‘Deconcentration of Poverty and Fair
Housing in Program Admissions,’’
would be amended to remove
procedural requirements not required by
statute. The elimination of these
requirements would allow PHAs
flexibility in bringing higher-income
tenants into lower-income
developments and lower-income tenants
into higher-income developments, to
avoid a concentration of low-income
families as prohibited by law. HUD data
indicate that most PHAs have few
properties that fall outside the
established income range. Additionally,
PHAs that have developments above the
established income range often are
exempt, since the income level is
considered extremely low-income.
The rule would remove prescriptive
language in § 903.2(c) pertaining to
steps for implementation of
deconcentration and elements of
explanations or justifications, and
would allow PHAs to establish
discretionary strategies. A PHA’s
deconcentration plan and practices may
not take preference over the
requirements for provision of accessible
units for disabled tenants. Section
903.2(d), which sets forth fair housing
requirements, would be streamlined and
moved to subpart B of 903.
Subpart B of part 903, entitled ‘‘PHA
Plans,’’ would be amended to remove
certain obsolete references and
requirements that address initial plan
requirements. Also, references to the
Drug Elimination Grant Program, which
is no longer funded, would be removed.
Further, this subpart would be amended
to include statutory language not
previously contained in the regulation
pertaining to PHA Plan updates,
including language requiring 5-year and
annual plans to include statements
about goals, activities, objectives,
policies, or programs that will enable a
PHA to serve the needs of child and
adult victims of domestic violence,
dating violence, sexual assault, or
stalking, in accordance with the
requirements of the Violence Against
Women and Department of Justice
Reauthorization Act of 2005 (Pub. L.
109–162).
Section 903.7, which describes the
information a PHA must provide in its
Annual Plan, would also be revised to
incorporate fair housing requirements
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and to more closely reflect statutory
provisions. Currently codified
information that is more appropriately
provided in non-regulatory guidance
would also be removed from the
regulations, including some of the
detailed information related to
statements of housing needs, financial
resources, and capital needs. The
requirement for a statement of PHA
grievance procedures would be
amended to conform to changes to part
966 described elsewhere in this
proposed rule. Redundant information
would be revised or removed to clarify
the regulation, including the
requirement for a statement about
public housing developments
designated as housing for elderly
families or families with disabilities.
Sections 903.11 and 903.12, which
provide information for submitting
streamlined plans, would be removed.
The submission process for all PHAs
would be limited to policies concerning
elements within HUD’s scope of review.
The scope of review is addressed in the
regulation. These regulations address
certain discretionary policies for which
there is no HUD approval mechanism
other than the Annual Plan. HUD would
not impose any additional requirements
similar to those that currently exist
relating to submission requirements for
small PHAs, high-performing PHAs, or
those that administer only tenant-based
assistance. HUD believes that such
information is more suitable for nonregulatory guidance rather than in a
regulation. PHAs would continue to
provide information on how the public
may reasonably obtain additional
information on the PHA policies
contained in the Annual Plan.
Section 903.13 would be amended to
increase PHA flexibility, reduce
program costs, and facilitate the
transition to asset management.
Specifically, § 903.13 would be
amended to clarify § 903.13(a), remove
the prescriptive requirements in
§ 903.13(b), and conform the section to
requirements provided for by statute.
Section 903.23, which describes the
process by which HUD reviews,
approves, or disapproves an Annual
Plan, would be revised to remove
repetitive language that is already
addressed in this section.
2. Part 941—Public Housing
Development
Section 941.606 would be amended to
provide greater flexibility for PHAs to
structure mixed-finance transactions. It
would allow a PHA partner and/or
owner entities (or other entities with an
identity of interest) to serve as the
general contractor for a mixed-finance
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project or development if the PHA or its
partner conducts a public bid process
and the identity of interest general
contractor’s bid is the lowest bid
submitted in response to a public
request for bids, or the PHA submits
written justification and provides an
independent third-party cost estimate
that demonstrates that the identity of
interest general contractor’s costs are
less than or equal to the independent
third-party estimate.
3. Part 945—Designated Housing—
Public Housing Designated for
Occupancy by Disabled, Elderly, or
Disabled and Elderly Families
Part 945 would be removed because it
is now obsolete. Part 945 does not
incorporate the requirements of section
10(a) of the Housing Opportunity
Program Extension Act of 1996, Public
Law 104–120 (approved March 28,
1996). Section 10(a) amended section 7
of the U.S. Housing Act of 1937 (42
U.S.C. 1437e), which governs
designated housing for elderly and
disabled families. The 1996 Act requires
a PHA that wants to designate certain
housing for these populations to have an
approved designated housing plan,
which has a substantially different set of
requirements than the current part 945
being removed.
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4. Part 966 Subpart B—Grievance
Procedures and Requirements
In subpart B, procedural
requirements, not required by statute,
would be eliminated to allow PHAs
maximum flexibility in establishing and
implementing grievance procedures.
Section 966.54, which describes the
requirements for an informal settlement
of grievances, would be removed to
allow PHAs flexibility in establishing
such a process.
Section 966.55, which describes the
procedures to obtain a hearing, would
be removed. PHAs would now have the
flexibility to establish grievance
procedures addressing failure to request
a hearing and requiring escrow deposits.
Matters related to scheduling and
location would be merged with
procedures governing the hearing.
Sections 966.56 and 966.57, which
describe the procedures governing the
hearing and decision of the hearing
officer would be revised to remove
language that is overly prescriptive or
repetitive. For instance, matters relating
to transcripts, copies, and how the
hearing is conducted would be left for
the PHA to determine.
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III. Findings and Certifications
Executive Order 12866, Regulatory
Planning and Review
The Office of Management and Budget
(OMB) reviewed this rule under
Executive Order 12866 (entitled,
‘‘Regulatory Planning and Review’’).
OMB determined that this rule is a
‘‘significant regulatory action,’’ as
defined in section 3(f) of the Order
(although not an economically
significant regulatory action under the
Order). The docket file is available for
public inspection between the hours of
8 a.m. and 5 p.m. weekdays in the
Regulations Division, Office of General
Counsel, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 10276, Washington, DC
20410–0500. Due to security measures
at the HUD Headquarters building,
please schedule an appointment to
review the docket file by calling the
Regulations Division at (202) 708–3055
(this is not a toll-free number).
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. The proposed
rule is exclusively concerned with
PHAs that administer public housing
programs under section 8 of the United
States Housing Act of 1937. Specifically,
the proposed rule would streamline
administration of the public housing
program by PHAs and give PHAs more
flexibility in establishing policies that
better meet local housing needs and
priorities. Under the definition of
‘‘small governmental jurisdiction’’ in
section 601(5) of the RFA, the
provisions of the RFA are applicable
only to those few PHAs that are part of
a political jurisdiction with a
population of fewer than 50,000
persons. The number of entities
potentially affected by this rule is
therefore not substantial. Accordingly,
the undersigned certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities.
Notwithstanding HUD’s
determination that this rule will not
have a significant economic effect on a
substantial number of small entities,
HUD specifically invites comments
regarding less burdensome alternatives
to this rule that will meet HUD’s
objectives as described in this preamble.
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Environmental Impact
A Finding of No Significant Impact
with respect to the environment has
been made in accordance with HUD
regulations at 24 CFR part 50, that
implement section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). The
Finding of No Significant Impact is
available for public inspection between
the hours of 8 a.m. and 5 p.m. weekdays
in the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room 10276,
Washington, DC 20410–0500. Due to
security measures at the HUD
Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
Paperwork Reduction Act
The information collection
requirements described in this rule in
24 CFR parts 903, 941, and 945 have
been approved by OMB under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520) and assigned OMB
control numbers 2577–0226, 2577–0157,
2577–0192, and 2577–0157,
respectively. 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.
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits, to the extent
practicable and permitted by law, an
agency from promulgating a regulation
that has federalism implications and
either imposes substantial direct
compliance costs on state and local
governments and is not required by
statute, or preempts state law, unless the
relevant requirements of section 6 of the
Executive Order are met. This rule does
not have federalism implications and
does not impose substantial direct
compliance costs on state and local
governments or preempt state law
within the meaning of the Executive
Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538) (UMRA) establishes requirements
for federal agencies to assess the effects
of their regulatory actions on state,
local, and tribal governments, and on
the private sector. This proposed rule
would not impose any federal mandate
on any state, local, or tribal government,
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Aged, Grant programs—housing and
community development, Individuals
with disabilities, Public housing,
Reporting and recordkeeping
requirements.
incomes, and provide for occupancy of
eligible families having lower incomes
in developments predominantly
occupied by eligible families having
higher incomes.
(ii) Skipping a family on the waiting
list to reach another family in an effort
to further the goals of the PHA’s
deconcentration policy.
(iii) Providing such other strategies as
permitted by statute and determined by
the PHA.
(2) A family has the sole discretion
whether to accept an offer of a unit
made under a PHA’s deconcentration
policy. The PHA may not take any
adverse action toward any eligible
family for choosing not to accept an
offer of a unit under the PHA’s
deconcentration policy.
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4. Amend § 903.4 by revising
paragraph (a), removing paragraph (c),
redesignating existing paragraph (b) as
paragraph (c), and adding a new
paragraph (b), to read as follows:
24 CFR Part 966
§ 903.4 What are the public housing
agency plans?
Grant programs—housing and
community development, Public
housing, Reporting and recordkeeping
requirements.
Accordingly, for the reasons described
in the preamble, HUD proposes to
amend 24 CFR parts 903, 941, 945, and
966 as follows:
(a) 5-Year Plan. Not less than once
every 5 fiscal years, each public housing
agency shall submit to HUD a plan that
includes, with respect to the 5 fiscal
years immediately following the date on
which the plan is submitted:
(1) The PHA’s mission for serving the
needs of low-income, very low-income,
and extremely low-income families in
the PHA’s jurisdiction; and
(2) The PHA’s goals and objectives
that enable the PHA to serve the needs
of the families identified in the PHA’s
Annual Plan.
(b) Annual Plan. (1) In general. Each
PHA shall submit to HUD an annual
PHA plan under this subsection for each
fiscal year for which the PHA receives
assistance under:
(i) Section 8 tenant-based assistance
(under section 8(o) of the U.S. Housing
Act of 1937, 42 U.S.C. 1437f(o)) (tenantbased assistance); or
(ii) Amounts from the public housing
operating fund or capital fund (under
section 9 of the U.S. Housing Act of
1937 (42 U.S.C. 1437g) (public
housing)).
(2) Updates. For each fiscal year after
the initial submission of an annual plan,
a PHA may comply with requirements
for submission of a plan under this
subsection by submitting an update of
the plan for the fiscal year.
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5. Revise § 903.5 to read as follows:
or on the private sector, within the
meaning of the UMRA.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance number applicable to the
program affected by this rule is 14.871.
List of Subjects
24 CFR Part 903
Administrative practice and
procedure, Public housing, Reporting
and recordkeeping requirements.
24 CFR Part 941
Grant programs—housing and
community development, Loan
programs—housing and community
development, Public housing
24 CFR Part 945
PART 903—PUBLIC HOUSING
AGENCY PLANS
1. The authority citation for part 903
continues to read as follows:
Authority: 42 U.S.C. 1437c and 3535(d).
2. Revise the heading of subpart A to
read as follows:
Subpart A—Deconcentration of
Poverty
3. Amend § 903.2 by revising
paragraph (c), and removing paragraphs
(d)(1), (d)(2), (d)(3), and (e) to read as
follows:
§ 903.2 With respect to admissions, what
must a PHA do to deconcentrate poverty in
its developments and comply with fair
housing requirements?
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(c) Deconcentration of poverty and
income mixing. (1) A PHA’s
deconcentration policy may include, but
is not limited to, providing for one or
more of the following actions:
(i) Providing incentives designed to
encourage eligible families with higher
incomes to occupy dwelling units in
developments predominantly occupied
by eligible families having lower
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§ 903.5 When must a PHA submit the
plans to HUD?
(a) 5-Year Plan. For all PHAs, after
submission of their first 5-Year Plan, all
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subsequent 5-Year Plans must be
submitted once every 5 PHA fiscal
years, no later than 75 days before the
commencement of the PHA’s fiscal year.
PHAs must explain any substantial
deviation from their 5-Year Plans in
their Annual Plans. (Substantial
deviation is determined by the PHA in
accordance with criteria provided by the
PHA in its Annual Plan, in accordance
with § 903.7(r).)
(b) Annual Plans. For all PHAs, after
submission of the first annual plan, all
subsequent annual plans will be due no
later than 75 days before the
commencement of the PHA’s fiscal year.
6. Add § 903.6(a)(3) to read as follows:
§ 903.6 What information must a PHA
provide in the 5-Year Plan?
(a) * * *
(3) The goals, objectives, policies, or
programs that will enable the PHA to
serve the needs of child and adult
victims of domestic violence, dating
violence, sexual assault, or stalking.
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7. Amend § 903.7 as follows:
a. Revise the introductory text;
b. Revise paragraphs (a), (b), (c), (e)(1),
(f), (h), (i)(1), (j)(2), and (j)(3);
c. Remove paragraph (j)(5);
d. Revise paragraphs (k)(1)(iii) and
(k)(1)(iv) and add paragraph (k)(1)(v);
e. Redesignate paragraphs (m) through
(r) as (n) through (s), respectively;
f. Add a new paragraph (m);
g. Remove newly redesignated
paragraph (n)(3) and redesignate
paragraph (n)(4) as paragraph (n)(3);
h. Revise newly redesignated
paragraph (p);
i. Remove newly redesignated
paragraph (s)(1), and redesignate
paragraphs (s)(2) and (s)(3) as
paragraphs (s)(1) and (s)(2), respectively.
The revisions and additions read as
follows:
§ 903.7 What information must a PHA
provide in the Annual Plan?
The PHA’s Annual Plan must be
consistent with the goals and objectives
of the PHA’s 5-Year Plan.
(a) A statement of housing needs. This
statement must address the housing
needs of the extremely low-income,
low-income, and very low-income
families that reside in the jurisdiction
served by the PHA, and other families
that are on the public housing and
Section 8 tenant-based assistance
waiting lists, including the housing
needs of elderly families, disabled
families, households of various races
and ethnic groups residing in the
jurisdiction or on the waiting list, and
the means by which the PHA intends,
to the maximum extent possible, to
address those needs.
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(b) A statement of the PHA’s
deconcentration and other policies that
govern eligibility, selection, and
admissions. This statement must
describe the PHA’s policies that govern
resident or tenant eligibility, selection,
and admission. This statement also
must describe any PHA admission
preferences, and any occupancy policies
that pertain to public housing units and
housing units assisted under section
8(o) of the 1937 Act (42 U.S.C. 1437f(o)),
as well as any unit assignment policies
for public housing. This statement must
include the following information:
(1) Deconcentration policy. The PHA’s
deconcentration policy applicable to
public housing, as described in
§ 903.2(a).
(2) Waiting list procedures. The PHA’s
procedures for maintaining waiting lists
for admission to the PHA’s public
housing developments may include
(notwithstanding any other law,
regulation, handbook, or notice to the
contrary) a system of site-based waiting
lists as authorized by section 6(r) of the
1937 Act (42 U.S.C. 1437d) that is
consistent with all applicable civil
rights and fair housing laws and
regulations.
(c) A statement of financial resources.
A statement of financial resources
available to the PHA and planned uses
for those resources.
*
*
*
*
*
(e) A statement of the PHA’s rules,
standards, and policies. (1) A statement
of the PHA’s rules, standards, and
policies governing maintenance and
management of housing owned,
assisted, or operated by the PHA.
*
*
*
*
*
(f) Grievance procedures. A statement
of the PHA’s grievance procedures.
*
*
*
*
*
(h) A statement of any demolition
and/or disposition. With respect to
public housing only, a description of
any public housing development, or
portion of a public housing
development, owned by the PHA for
which the PHA has applied or will
apply for demolition and/or disposition
approval under section 18 of the 1937
Act (42 U.S.C. 1437p), and the timetable
for demolition and/or disposition. Note:
The application and approval process
for demolition and/or disposition is a
separate process. Approval of the PHA
Plan does not constitute approval of
these activities.
(i) A statement of the designated
public housing developments. (1) A
statement of the public housing
developments (or portions thereof) that
the PHA has designated or will apply
for designation as housing for only
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elderly families, or only disabled
families, or elderly and disabled
families, as provided by section 7 of the
1937 Act (42 U.S.C. 1437e). Note: The
designated housing application and
approval process is a separate process.
*
*
*
*
*
(j) * * *
(2) The statement also must include
an analysis of the developments or
buildings required to be converted
under section 33 of the 1937 Act.
(3) For both voluntary and required
conversions, the statement must include
the amount of assistance received to be
used for rental assistance or other
housing assistance in connection with
such conversion.
*
*
*
*
*
(k) * * *
(1) * * *
(iii) An approved HOPE I program (42
U.S.C. 1437aaa);
(iv) Any homeownership programs for
which the PHA has applied to
administer or will apply to administer
under section 5(h), the HOPE I program,
or section 32 of the 1937 Act (42 U.S.C.
1437z–4); or
(v) Any homeownership programs
administered by the PHA under section
9(d)(1)(J) of the 1937 Act (42 U.S.C.
1437g).
*
*
*
*
*
(m)(1) A description of any activities,
services, or programs provided or
offered by a PHA, either directly or in
partnership with other service
providers, to child or adult victims of
violence, dating violence, sexual
assault, or stalking;
(2) A description of any activities,
services, or programs provided or
offered by a PHA that helps child and
adult victims of domestic violence,
dating violence, sexual assault, or
stalking; and
(3) A description of any activities,
services, or programs provided or
offered by a PHA to prevent domestic
violence, dating violence, sexual
assault, or stalking, or to enhance victim
safety in assisted families.
*
*
*
*
*
(p) Civil rights certification and fair
housing. All admission, occupancy, and
other policies for public housing and
Section 8 tenant-based housing
programs must comply with Fair
Housing Act requirements and with
regulations to affirmatively further fair
housing.
(1) General fair housing requirements.
(i) Nondiscrimination. A PHA must
carry out its PHA plan in conformity
with the nondiscrimination
requirements in federal civil rights laws,
including Title VI of the Civil Rights Act
of 1964 and the Fair Housing Act.
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Sfmt 4702
(ii) Affirmatively furthering fair
housing. PHA policies that govern
eligibility, selection, and admissions
under its PHA plan should be designed
to reduce racial and national origin
concentrations. Any affirmative steps or
incentives a PHA plans to take must be
stated in the admissions policy. HUD
regulations at 24 CFR 1.4(b)(6)(ii)
provide that PHAs should take
affirmative steps to overcome the effects
of conditions that resulted in limiting
participation of persons due to any
prohibited basis.
(2) Site-based waiting lists. (i) The
PHA plan shall address the reasonable
measures the PHA has taken and will
take to ensure that adoption of sitebased waiting lists is consistent with
affirmatively furthering fair housing
requirements. Measures include
marketing activities to attract applicants
regardless of race or ethnicity and
providing full disclosure to each
applicant of all available developments
and programs, including amenities and
accessibility, within the PHA’s
jurisdiction.
(ii) Adoption of a site-based waiting
list may not violate any court order,
settlement agreement, conciliation
agreement, voluntary compliance
agreement, or any other agreement with
HUD.
(3) Civil rights certification. (i) The
PHA must certify, as part of both its
annual and 5-year plans, that it will
carry out its plan in conformity with
Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d), the Fair Housing Act
(42 U.S.C. 3601–19), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794), and Title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101
et seq.). The PHA also must certify that
it will affirmatively further fair housing.
(ii) A PHA shall be considered in
compliance with the certification
requirement to affirmatively further fair
housing if the PHA fulfills the
requirements of § 903.7(p)(1), examines
its programs or proposed programs to
identify any impediments to fair
housing choice within those programs,
addresses those impediments in a
reasonable fashion in view of the
resources available, and works with
local jurisdictions to implement any of
the jurisdiction’s initiatives to
affirmatively further fair housing in
conformity with § 903.15. A PHA shall
maintain records reflecting these
analyses and actions.
*
*
*
*
*
§§ 903.11 and 903.12
[Removed]
8. Remove §§ 903.11 and 903.12.
9. Amend § 903.13 by revising
paragraphs (a) and (b) to read as follows:
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Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
§ 903.13 What is a Resident Advisory
Board and what is its role in development
of the Annual Plan?
PART 966—PUBLIC HOUSING LEASE
AND GRIEVANCE PROCEDURES
(a)(1) A Resident Advisory Board
refers to a board or boards, as provided
in paragraph (b) of this section, whose
membership consists of individuals who
adequately reflect and represent the
residents assisted by the PHA.
(2) The role of the Resident Advisory
Board (or Resident Advisory Boards) is
to assist and make recommendations
regarding the development of the PHA
plan, and any significant amendment or
modification to the PHA plan.
(b) Each PHA must establish one or
more Resident Advisory Boards.
*
*
*
*
*
14. The authority citation for part 966
continues to read as follows:
§ 903.23
[Amended]
10. Amend § 903.23 by removing
paragraph (c)(1), redesignating existing
paragraphs (c)(2), (c)(3), and (c)(4) as
paragraphs (c)(1), (c)(2), and (c)(3),
respectively, removing paragraph (d),
and redesignating existing paragraph (e)
as paragraph (d).
*
*
*
*
*
PART 941—PUBLIC HOUSING
DEVELOPMENT
11. The authority citation for part 941
continues to read as follows:
Authority: 42 U.S.C. 1437b, 1437c, 1437g,
3535(d).
12. Revise § 941.606(n)(1)(ii)(B) to
read as follows:
§ 941.606
Proposal.
dwashington3 on PRODPC61 with PROPOSALS
*
*
*
*
*
(n) * * *
(1) * * *
(ii) * * *
(B) If the partner and/or owner entity
(or any other entity with an identity of
interest with such parties) wants to
serve as the general contractor for the
project or development, it may award
itself the construction contract if either:
(1) The identity of interest general
contractor’s bid is the lowest bid
submitted in response to a public
request for bids; or
(2) The PHA submits a written
justification and provides an
independent third-party cost estimate
that demonstrates that the identity of
interest general contractor’s costs are
less than or equal to the independent
third-party cost estimate.
*
*
*
*
*
PART 945—[REMOVED]
13. Under the authority of 42 U.S.C.
1473e and 3535(d), part 945 is removed.
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45373
(a) Each PHA shall adopt a grievance
procedure affording each tenant an
opportunity for a hearing on a
grievance, as defined in § 966.53 in
accordance with the requirements,
standards, and criteria contained in this
subpart. A PHA may establish an
expedited grievance procedure as
defined in § 966.53.
*
*
*
*
*
16. Amend § 966.53 by revising
paragraph (b), removing paragraph (e),
redesignating paragraph (d) as
paragraph (e) and revising it, adding
new paragraph (d) and removing
paragraph (g) to read as follows:
complainant and the PHA and held
before a hearing officer. A written
notification specifying the time, place,
and the procedures governing the
hearing shall be delivered to the
complainant and the appropriate
official.
*
*
*
*
*
(c) If the complainant or the PHA fails
to appear at a scheduled hearing, the
hearing officer may make a
determination to postpone the hearing
for not to exceed 5 business days or may
make a determination that the party has
waived the party’s right to a hearing.
Both the complainant and the PHA shall
be notified of the determination by the
hearing officer. A determination that the
complainant has waived the
complainant’s right to a hearing shall
not constitute a waiver of any right the
complainant may have to contest the
PHA’s disposition of the grievance in an
appropriate judicial proceeding.
*
*
*
*
*
19. Revise § 966.57 to read as follows:
§ 966.53
§ 966.57
Authority: 42 U.S.C. 1437d and 3535(d).
15. Amend § 966.52 by revising
paragraph (a) to read as follows:
§ 966.52
Requirements.
Definitions.
*
*
*
*
*
(b) Complainant shall mean any
tenant whose grievance is presented to
the PHA or at the project management
office.
*
*
*
*
*
(d) Expedited grievance means a
procedure established by the PHA for
any grievance concerning a termination
of tenancy or eviction that involves:
(1) Any criminal activity that
threatens the health, safety, or right to
peaceful enjoyment of the PHA’s public
housing premises by other residents or
employees of the PHA; or
(2) Any drug-related or violent
criminal activity on or off such
premises.
(e) Hearing officer shall mean an
impartial person or persons designated
by the PHA, other than the person who
made or approved the decision under
review, or a subordinate of that person.
*
*
*
*
*
17. Remove § 966.54 and § 966.55.
18. Amend § 966.56 by revising
paragraph (a), removing paragraphs
(b)(5) and (c), redesignating paragraph
(d) as paragraph (c) and revising it,
redesignating existing paragraph (e) as
paragraph (d), removing paragraphs (f)
and (g), and redesignating existing
paragraph (h) as paragraph (e) to read as
follows:
§ 966.56 Procedures governing the
hearing.
(a) The hearing shall be scheduled
promptly for a time and place
reasonably convenient to both the
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Decision of the hearing officer.
(a) The hearing officer shall prepare a
written decision, including the reasons
for the PHA’s decision, within a
reasonable time after the hearing. A
copy of the decision shall be sent to the
complainant and the PHA. The PHA
shall retain a copy of the decision in the
tenant’s folder.
(b) The decision of the hearing officer
shall be binding on the PHA, unless the
PHA Board of Commissioners
determines that:
(1) The grievance does not concern
PHA action or failure to act in
accordance with or involving the
complainant’s lease or PHA regulations,
which adversely affects the
complainant’s rights, duties, welfare, or
status.
(2) The decision of the hearing officer
is contrary to applicable federal, state,
or local law, HUD regulations, or
requirements of the ACC between HUD
and the PHA.
(c) A decision by the hearing officer
or Board of Commissioners in favor of
the PHA, or which denies the relief
requested by the complainant in whole
or in part, shall not constitute a waiver
of, nor affect in any manner whatsoever,
any rights the complainant may have to
a trial de novo or judicial review in any
judicial proceedings, which may
thereafter be brought in the matter.
Dated: July 7, 2008.
Paula O. Blunt,
General Deputy Assistant, Secretary for Public
and Indian Housing.
[FR Doc. E8–17839 Filed 8–4–08; 8:45 am]
BILLING CODE 4210–67–P
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Agencies
[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Proposed Rules]
[Pages 45368-45373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17839]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 903, 941, 945, and 966
[Docket No. FR-4990-P-01]
RIN 2577-AC59
Streamlining Public Housing Programs
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would support HUD's overall objective to
streamline the regulations governing public housing programs and to
facilitate the transition of public housing agencies (PHAs) to asset
management. In general, this proposed rule would streamline portions of
the public housing regulations, and more closely align the regulatory
framework of public housing with other federally subsidized housing
programs, providing PHAs greater flexibility within the parameters of
current law. This proposed rule offers general principles and basic
guidelines for PHAs to follow, rather than overly prescriptive
measures, thus allowing PHAs to operate projects more efficiently as
PHAs move toward asset management.
DATES: Comment Due Date: October 6, 2008.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule. There are two methods for comments to be submitted
as public comments and to be included in the public comment docket for
this rule. Additionally, all submissions must refer to the above docket
number and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 Seventh Street, SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make them immediately
available to the public. Comments submitted electronically through the
https://www.regulations.gov Web site can be viewed by other commenters
and interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
rule. No Facsimile Comments. Facsimile (FAX) comments are not
acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an advance appointment to review the public comments must be
scheduled by calling the Regulations Division at (202) 708-3055 (this
is not a toll-free number). Individuals with speech or hearing
impairments may access this number via TTY by calling the toll-free
Federal Information Relay Service at (800) 877-8339. Copies of all
comments submitted are available for inspection and downloading at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bessy M. Kong, Deputy Assistant
Secretary, Office of Policy, Program and Legislative Initiatives,
Office of Public and Indian Housing, telephone number (202) 708-0713,
extension 2548 (this is not a toll-free number). Persons with hearing
or speech impairments may access these numbers through TTY by calling
the toll-free Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On September 19, 2005, at 70 FR 54983, HUD published a final rule
implementing revisions to the Public Housing Operating Fund program,
providing for a new formula for distributing operating subsidy to PHAs,
and establishing requirements for PHAs to convert to asset management.
That final rule was based substantially on the recommendations of the
congressionally funded Harvard University Graduate School of Design
study on the cost of operating well-run public housing (Harvard Cost
Study). Appendix H of the Harvard Cost Study included a list of
requirements unique to public housing that, if alleviated or otherwise
eliminated, would either make it easier for PHAs to transition to asset
management or would more closely conform the public housing regulatory
environment with that of other assisted housing programs. Generally,
HUD agrees that streamlining the requirements and procedures included
in the Harvard Cost Study would make the transition to asset management
easier. Streamlining these processes would also increase PHA
flexibility and reduce program costs.
This proposed rule does not, however, address all of the
recommendations of the Harvard Cost Study. Specifically, while the
Harvard Cost Study and other industry representatives identified the
Department's regulations in the area of tenant participation, codified
at 24 CFR part 964, as an area that would benefit from streamlining,
the Department has chosen not to address part 964 in this rulemaking,
but will consider addressing it separately.
[[Page 45369]]
II. This Proposed Rule
A. Overview of Proposed Changes
This proposed rule would amend 24 CFR part 903 to eliminate
procedural requirements regarding the implementation of deconcentration
policy. PHAs would no longer be required to determine the average
income of all families residing in all covered developments, the
average income of all families residing in each covered development,
and whether each of the covered developments fall above, within, or
below the Established Income Range. Part 903 would also be amended to
remove unnecessary reporting requirements for PHA plans. PHAs would no
longer be required to provide annual updates on PHA progress toward
meeting goals described in the 5-year plan. Eliminating these
requirements would benefit PHAs by reducing staff time devoted to
administrative tasks and by achieving cost savings through reduced
paperwork.
Part 941 would be revised to provide PHAs greater flexibility to
structure mixed-finance transactions. Under the proposed rule, a PHA
partner or owner entities would be permitted to serve as the general
contractor for a mixed-finance project or development if certain
conditions are met. PHAs would benefit from more options to develop
mixed-finance projects and reduced project costs by working with a PHA
partner or owner entity.
This proposed rule would also change 24 CFR part 966 to remove
procedural requirements pertaining to grievances. PHAs would be
permitted to establish their own procedures for informally settling
grievances, obtaining a hearing, and preparing and distributing the
decisions of the hearing officer or hearing panel. The elimination of
these requirements would reduce PHA staff and administrative costs and
increase their capacity to respond to hearing requests.
HUD recognizes that PHAs may incur some initial costs in making the
determinations afforded by the increased flexibility under the proposed
rule. However, the Department believes that the benefits to both the
Department and PHAs far outweigh any costs associated with this
proposed rule. Subsequent guidance will provide assistance in
implementing this rule and will also help to minimize additional cost
burdens associated with it.
B. Part-by-Part Discussion
This proposed rule would amend 24 CFR part 903 (Public Housing
Agency Plans); part 941 (Public Housing Development); and subpart B of
part 966 (Grievance Procedure). This proposed rule also removes 24 CFR
part 945 (Designated Housing). This section of the preamble discusses
the proposed regulatory amendments to these parts.
1. Part 903--Public Housing Agency Plans
Subpart A of part 903, entitled ``Deconcentration of Poverty and
Fair Housing in Program Admissions,'' would be amended to remove
procedural requirements not required by statute. The elimination of
these requirements would allow PHAs flexibility in bringing higher-
income tenants into lower-income developments and lower-income tenants
into higher-income developments, to avoid a concentration of low-income
families as prohibited by law. HUD data indicate that most PHAs have
few properties that fall outside the established income range.
Additionally, PHAs that have developments above the established income
range often are exempt, since the income level is considered extremely
low-income.
The rule would remove prescriptive language in Sec. 903.2(c)
pertaining to steps for implementation of deconcentration and elements
of explanations or justifications, and would allow PHAs to establish
discretionary strategies. A PHA's deconcentration plan and practices
may not take preference over the requirements for provision of
accessible units for disabled tenants. Section 903.2(d), which sets
forth fair housing requirements, would be streamlined and moved to
subpart B of 903.
Subpart B of part 903, entitled ``PHA Plans,'' would be amended to
remove certain obsolete references and requirements that address
initial plan requirements. Also, references to the Drug Elimination
Grant Program, which is no longer funded, would be removed. Further,
this subpart would be amended to include statutory language not
previously contained in the regulation pertaining to PHA Plan updates,
including language requiring 5-year and annual plans to include
statements about goals, activities, objectives, policies, or programs
that will enable a PHA to serve the needs of child and adult victims of
domestic violence, dating violence, sexual assault, or stalking, in
accordance with the requirements of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162).
Section 903.7, which describes the information a PHA must provide
in its Annual Plan, would also be revised to incorporate fair housing
requirements and to more closely reflect statutory provisions.
Currently codified information that is more appropriately provided in
non-regulatory guidance would also be removed from the regulations,
including some of the detailed information related to statements of
housing needs, financial resources, and capital needs. The requirement
for a statement of PHA grievance procedures would be amended to conform
to changes to part 966 described elsewhere in this proposed rule.
Redundant information would be revised or removed to clarify the
regulation, including the requirement for a statement about public
housing developments designated as housing for elderly families or
families with disabilities.
Sections 903.11 and 903.12, which provide information for
submitting streamlined plans, would be removed. The submission process
for all PHAs would be limited to policies concerning elements within
HUD's scope of review. The scope of review is addressed in the
regulation. These regulations address certain discretionary policies
for which there is no HUD approval mechanism other than the Annual
Plan. HUD would not impose any additional requirements similar to those
that currently exist relating to submission requirements for small
PHAs, high-performing PHAs, or those that administer only tenant-based
assistance. HUD believes that such information is more suitable for
non-regulatory guidance rather than in a regulation. PHAs would
continue to provide information on how the public may reasonably obtain
additional information on the PHA policies contained in the Annual
Plan.
Section 903.13 would be amended to increase PHA flexibility, reduce
program costs, and facilitate the transition to asset management.
Specifically, Sec. 903.13 would be amended to clarify Sec. 903.13(a),
remove the prescriptive requirements in Sec. 903.13(b), and conform
the section to requirements provided for by statute.
Section 903.23, which describes the process by which HUD reviews,
approves, or disapproves an Annual Plan, would be revised to remove
repetitive language that is already addressed in this section.
2. Part 941--Public Housing Development
Section 941.606 would be amended to provide greater flexibility for
PHAs to structure mixed-finance transactions. It would allow a PHA
partner and/or owner entities (or other entities with an identity of
interest) to serve as the general contractor for a mixed-finance
[[Page 45370]]
project or development if the PHA or its partner conducts a public bid
process and the identity of interest general contractor's bid is the
lowest bid submitted in response to a public request for bids, or the
PHA submits written justification and provides an independent third-
party cost estimate that demonstrates that the identity of interest
general contractor's costs are less than or equal to the independent
third-party estimate.
3. Part 945--Designated Housing--Public Housing Designated for
Occupancy by Disabled, Elderly, or Disabled and Elderly Families
Part 945 would be removed because it is now obsolete. Part 945 does
not incorporate the requirements of section 10(a) of the Housing
Opportunity Program Extension Act of 1996, Public Law 104-120 (approved
March 28, 1996). Section 10(a) amended section 7 of the U.S. Housing
Act of 1937 (42 U.S.C. 1437e), which governs designated housing for
elderly and disabled families. The 1996 Act requires a PHA that wants
to designate certain housing for these populations to have an approved
designated housing plan, which has a substantially different set of
requirements than the current part 945 being removed.
4. Part 966 Subpart B--Grievance Procedures and Requirements
In subpart B, procedural requirements, not required by statute,
would be eliminated to allow PHAs maximum flexibility in establishing
and implementing grievance procedures.
Section 966.54, which describes the requirements for an informal
settlement of grievances, would be removed to allow PHAs flexibility in
establishing such a process.
Section 966.55, which describes the procedures to obtain a hearing,
would be removed. PHAs would now have the flexibility to establish
grievance procedures addressing failure to request a hearing and
requiring escrow deposits. Matters related to scheduling and location
would be merged with procedures governing the hearing.
Sections 966.56 and 966.57, which describe the procedures governing
the hearing and decision of the hearing officer would be revised to
remove language that is overly prescriptive or repetitive. For
instance, matters relating to transcripts, copies, and how the hearing
is conducted would be left for the PHA to determine.
III. Findings and Certifications
Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) reviewed this rule under
Executive Order 12866 (entitled, ``Regulatory Planning and Review'').
OMB determined that this rule is a ``significant regulatory action,''
as defined in section 3(f) of the Order (although not an economically
significant regulatory action under the Order). The docket file is
available for public inspection between the hours of 8 a.m. and 5 p.m.
weekdays in the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410-0500. Due to security measures at the
HUD Headquarters building, please schedule an appointment to review the
docket file by calling the Regulations Division at (202) 708-3055 (this
is not a toll-free number).
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.
The proposed rule is exclusively concerned with PHAs that administer
public housing programs under section 8 of the United States Housing
Act of 1937. Specifically, the proposed rule would streamline
administration of the public housing program by PHAs and give PHAs more
flexibility in establishing policies that better meet local housing
needs and priorities. Under the definition of ``small governmental
jurisdiction'' in section 601(5) of the RFA, the provisions of the RFA
are applicable only to those few PHAs that are part of a political
jurisdiction with a population of fewer than 50,000 persons. The number
of entities potentially affected by this rule is therefore not
substantial. Accordingly, the undersigned certifies that this rule will
not have a significant economic impact on a substantial number of small
entities.
Notwithstanding HUD's determination that this rule will not have a
significant economic effect on a substantial number of small entities,
HUD specifically invites comments regarding less burdensome
alternatives to this rule that will meet HUD's objectives as described
in this preamble.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
that implement section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant
Impact is available for public inspection between the hours of 8 a.m.
and 5 p.m. weekdays in the Regulations Division, Office of General
Counsel, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 10276, Washington, DC 20410-0500. Due to security
measures at the HUD Headquarters building, an advance appointment to
review the public comments must be scheduled by calling the Regulations
Division at (202) 708-3055 (this is not a toll-free number).
Paperwork Reduction Act
The information collection requirements described in this rule in
24 CFR parts 903, 941, and 945 have been approved by OMB under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB
control numbers 2577-0226, 2577-0157, 2577-0192, and 2577-0157,
respectively. 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.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits, to the
extent practicable and permitted by law, an agency from promulgating a
regulation that has federalism implications and either imposes
substantial direct compliance costs on state and local governments and
is not required by statute, or preempts state law, unless the relevant
requirements of section 6 of the Executive Order are met. This rule
does not have federalism implications and does not impose substantial
direct compliance costs on state and local governments or preempt state
law within the meaning of the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) (UMRA) establishes requirements for federal agencies to
assess the effects of their regulatory actions on state, local, and
tribal governments, and on the private sector. This proposed rule would
not impose any federal mandate on any state, local, or tribal
government,
[[Page 45371]]
or on the private sector, within the meaning of the UMRA.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number applicable to the
program affected by this rule is 14.871.
List of Subjects
24 CFR Part 903
Administrative practice and procedure, Public housing, Reporting
and recordkeeping requirements.
24 CFR Part 941
Grant programs--housing and community development, Loan programs--
housing and community development, Public housing
24 CFR Part 945
Aged, Grant programs--housing and community development,
Individuals with disabilities, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 966
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
Accordingly, for the reasons described in the preamble, HUD
proposes to amend 24 CFR parts 903, 941, 945, and 966 as follows:
PART 903--PUBLIC HOUSING AGENCY PLANS
1. The authority citation for part 903 continues to read as
follows:
Authority: 42 U.S.C. 1437c and 3535(d).
2. Revise the heading of subpart A to read as follows:
Subpart A--Deconcentration of Poverty
3. Amend Sec. 903.2 by revising paragraph (c), and removing
paragraphs (d)(1), (d)(2), (d)(3), and (e) to read as follows:
Sec. 903.2 With respect to admissions, what must a PHA do to
deconcentrate poverty in its developments and comply with fair housing
requirements?
* * * * *
(c) Deconcentration of poverty and income mixing. (1) A PHA's
deconcentration policy may include, but is not limited to, providing
for one or more of the following actions:
(i) Providing incentives designed to encourage eligible families
with higher incomes to occupy dwelling units in developments
predominantly occupied by eligible families having lower incomes, and
provide for occupancy of eligible families having lower incomes in
developments predominantly occupied by eligible families having higher
incomes.
(ii) Skipping a family on the waiting list to reach another family
in an effort to further the goals of the PHA's deconcentration policy.
(iii) Providing such other strategies as permitted by statute and
determined by the PHA.
(2) A family has the sole discretion whether to accept an offer of
a unit made under a PHA's deconcentration policy. The PHA may not take
any adverse action toward any eligible family for choosing not to
accept an offer of a unit under the PHA's deconcentration policy.
* * * * *
4. Amend Sec. 903.4 by revising paragraph (a), removing paragraph
(c), redesignating existing paragraph (b) as paragraph (c), and adding
a new paragraph (b), to read as follows:
Sec. 903.4 What are the public housing agency plans?
(a) 5-Year Plan. Not less than once every 5 fiscal years, each
public housing agency shall submit to HUD a plan that includes, with
respect to the 5 fiscal years immediately following the date on which
the plan is submitted:
(1) The PHA's mission for serving the needs of low-income, very
low-income, and extremely low-income families in the PHA's
jurisdiction; and
(2) The PHA's goals and objectives that enable the PHA to serve the
needs of the families identified in the PHA's Annual Plan.
(b) Annual Plan. (1) In general. Each PHA shall submit to HUD an
annual PHA plan under this subsection for each fiscal year for which
the PHA receives assistance under:
(i) Section 8 tenant-based assistance (under section 8(o) of the
U.S. Housing Act of 1937, 42 U.S.C. 1437f(o)) (tenant-based
assistance); or
(ii) Amounts from the public housing operating fund or capital fund
(under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g)
(public housing)).
(2) Updates. For each fiscal year after the initial submission of
an annual plan, a PHA may comply with requirements for submission of a
plan under this subsection by submitting an update of the plan for the
fiscal year.
* * * * *
5. Revise Sec. 903.5 to read as follows:
Sec. 903.5 When must a PHA submit the plans to HUD?
(a) 5-Year Plan. For all PHAs, after submission of their first 5-
Year Plan, all subsequent 5-Year Plans must be submitted once every 5
PHA fiscal years, no later than 75 days before the commencement of the
PHA's fiscal year. PHAs must explain any substantial deviation from
their 5-Year Plans in their Annual Plans. (Substantial deviation is
determined by the PHA in accordance with criteria provided by the PHA
in its Annual Plan, in accordance with Sec. 903.7(r).)
(b) Annual Plans. For all PHAs, after submission of the first
annual plan, all subsequent annual plans will be due no later than 75
days before the commencement of the PHA's fiscal year.
6. Add Sec. 903.6(a)(3) to read as follows:
Sec. 903.6 What information must a PHA provide in the 5-Year Plan?
(a) * * *
(3) The goals, objectives, policies, or programs that will enable
the PHA to serve the needs of child and adult victims of domestic
violence, dating violence, sexual assault, or stalking.
* * * * *
7. Amend Sec. 903.7 as follows:
a. Revise the introductory text;
b. Revise paragraphs (a), (b), (c), (e)(1), (f), (h), (i)(1),
(j)(2), and (j)(3);
c. Remove paragraph (j)(5);
d. Revise paragraphs (k)(1)(iii) and (k)(1)(iv) and add paragraph
(k)(1)(v);
e. Redesignate paragraphs (m) through (r) as (n) through (s),
respectively;
f. Add a new paragraph (m);
g. Remove newly redesignated paragraph (n)(3) and redesignate
paragraph (n)(4) as paragraph (n)(3);
h. Revise newly redesignated paragraph (p);
i. Remove newly redesignated paragraph (s)(1), and redesignate
paragraphs (s)(2) and (s)(3) as paragraphs (s)(1) and (s)(2),
respectively.
The revisions and additions read as follows:
Sec. 903.7 What information must a PHA provide in the Annual Plan?
The PHA's Annual Plan must be consistent with the goals and
objectives of the PHA's 5-Year Plan.
(a) A statement of housing needs. This statement must address the
housing needs of the extremely low-income, low-income, and very low-
income families that reside in the jurisdiction served by the PHA, and
other families that are on the public housing and Section 8 tenant-
based assistance waiting lists, including the housing needs of elderly
families, disabled families, households of various races and ethnic
groups residing in the jurisdiction or on the waiting list, and the
means by which the PHA intends, to the maximum extent possible, to
address those needs.
[[Page 45372]]
(b) A statement of the PHA's deconcentration and other policies
that govern eligibility, selection, and admissions. This statement must
describe the PHA's policies that govern resident or tenant eligibility,
selection, and admission. This statement also must describe any PHA
admission preferences, and any occupancy policies that pertain to
public housing units and housing units assisted under section 8(o) of
the 1937 Act (42 U.S.C. 1437f(o)), as well as any unit assignment
policies for public housing. This statement must include the following
information:
(1) Deconcentration policy. The PHA's deconcentration policy
applicable to public housing, as described in Sec. 903.2(a).
(2) Waiting list procedures. The PHA's procedures for maintaining
waiting lists for admission to the PHA's public housing developments
may include (notwithstanding any other law, regulation, handbook, or
notice to the contrary) a system of site-based waiting lists as
authorized by section 6(r) of the 1937 Act (42 U.S.C. 1437d) that is
consistent with all applicable civil rights and fair housing laws and
regulations.
(c) A statement of financial resources. A statement of financial
resources available to the PHA and planned uses for those resources.
* * * * *
(e) A statement of the PHA's rules, standards, and policies. (1) A
statement of the PHA's rules, standards, and policies governing
maintenance and management of housing owned, assisted, or operated by
the PHA.
* * * * *
(f) Grievance procedures. A statement of the PHA's grievance
procedures.
* * * * *
(h) A statement of any demolition and/or disposition. With respect
to public housing only, a description of any public housing
development, or portion of a public housing development, owned by the
PHA for which the PHA has applied or will apply for demolition and/or
disposition approval under section 18 of the 1937 Act (42 U.S.C.
1437p), and the timetable for demolition and/or disposition. Note: The
application and approval process for demolition and/or disposition is a
separate process. Approval of the PHA Plan does not constitute approval
of these activities.
(i) A statement of the designated public housing developments. (1)
A statement of the public housing developments (or portions thereof)
that the PHA has designated or will apply for designation as housing
for only elderly families, or only disabled families, or elderly and
disabled families, as provided by section 7 of the 1937 Act (42 U.S.C.
1437e). Note: The designated housing application and approval process
is a separate process.
* * * * *
(j) * * *
(2) The statement also must include an analysis of the developments
or buildings required to be converted under section 33 of the 1937 Act.
(3) For both voluntary and required conversions, the statement must
include the amount of assistance received to be used for rental
assistance or other housing assistance in connection with such
conversion.
* * * * *
(k) * * *
(1) * * *
(iii) An approved HOPE I program (42 U.S.C. 1437aaa);
(iv) Any homeownership programs for which the PHA has applied to
administer or will apply to administer under section 5(h), the HOPE I
program, or section 32 of the 1937 Act (42 U.S.C. 1437z-4); or
(v) Any homeownership programs administered by the PHA under
section 9(d)(1)(J) of the 1937 Act (42 U.S.C. 1437g).
* * * * *
(m)(1) A description of any activities, services, or programs
provided or offered by a PHA, either directly or in partnership with
other service providers, to child or adult victims of violence, dating
violence, sexual assault, or stalking;
(2) A description of any activities, services, or programs provided
or offered by a PHA that helps child and adult victims of domestic
violence, dating violence, sexual assault, or stalking; and
(3) A description of any activities, services, or programs provided
or offered by a PHA to prevent domestic violence, dating violence,
sexual assault, or stalking, or to enhance victim safety in assisted
families.
* * * * *
(p) Civil rights certification and fair housing. All admission,
occupancy, and other policies for public housing and Section 8 tenant-
based housing programs must comply with Fair Housing Act requirements
and with regulations to affirmatively further fair housing.
(1) General fair housing requirements. (i) Nondiscrimination. A PHA
must carry out its PHA plan in conformity with the nondiscrimination
requirements in federal civil rights laws, including Title VI of the
Civil Rights Act of 1964 and the Fair Housing Act.
(ii) Affirmatively furthering fair housing. PHA policies that
govern eligibility, selection, and admissions under its PHA plan should
be designed to reduce racial and national origin concentrations. Any
affirmative steps or incentives a PHA plans to take must be stated in
the admissions policy. HUD regulations at 24 CFR 1.4(b)(6)(ii) provide
that PHAs should take affirmative steps to overcome the effects of
conditions that resulted in limiting participation of persons due to
any prohibited basis.
(2) Site-based waiting lists. (i) The PHA plan shall address the
reasonable measures the PHA has taken and will take to ensure that
adoption of site-based waiting lists is consistent with affirmatively
furthering fair housing requirements. Measures include marketing
activities to attract applicants regardless of race or ethnicity and
providing full disclosure to each applicant of all available
developments and programs, including amenities and accessibility,
within the PHA's jurisdiction.
(ii) Adoption of a site-based waiting list may not violate any
court order, settlement agreement, conciliation agreement, voluntary
compliance agreement, or any other agreement with HUD.
(3) Civil rights certification. (i) The PHA must certify, as part
of both its annual and 5-year plans, that it will carry out its plan in
conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d), the Fair Housing Act (42 U.S.C. 3601-19), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), and Title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The
PHA also must certify that it will affirmatively further fair housing.
(ii) A PHA shall be considered in compliance with the certification
requirement to affirmatively further fair housing if the PHA fulfills
the requirements of Sec. 903.7(p)(1), examines its programs or
proposed programs to identify any impediments to fair housing choice
within those programs, addresses those impediments in a reasonable
fashion in view of the resources available, and works with local
jurisdictions to implement any of the jurisdiction's initiatives to
affirmatively further fair housing in conformity with Sec. 903.15. A
PHA shall maintain records reflecting these analyses and actions.
* * * * *
Sec. Sec. 903.11 and 903.12 [Removed]
8. Remove Sec. Sec. 903.11 and 903.12.
9. Amend Sec. 903.13 by revising paragraphs (a) and (b) to read as
follows:
[[Page 45373]]
Sec. 903.13 What is a Resident Advisory Board and what is its role in
development of the Annual Plan?
(a)(1) A Resident Advisory Board refers to a board or boards, as
provided in paragraph (b) of this section, whose membership consists of
individuals who adequately reflect and represent the residents assisted
by the PHA.
(2) The role of the Resident Advisory Board (or Resident Advisory
Boards) is to assist and make recommendations regarding the development
of the PHA plan, and any significant amendment or modification to the
PHA plan.
(b) Each PHA must establish one or more Resident Advisory Boards.
* * * * *
Sec. 903.23 [Amended]
10. Amend Sec. 903.23 by removing paragraph (c)(1), redesignating
existing paragraphs (c)(2), (c)(3), and (c)(4) as paragraphs (c)(1),
(c)(2), and (c)(3), respectively, removing paragraph (d), and
redesignating existing paragraph (e) as paragraph (d).
* * * * *
PART 941--PUBLIC HOUSING DEVELOPMENT
11. The authority citation for part 941 continues to read as
follows:
Authority: 42 U.S.C. 1437b, 1437c, 1437g, 3535(d).
12. Revise Sec. 941.606(n)(1)(ii)(B) to read as follows:
Sec. 941.606 Proposal.
* * * * *
(n) * * *
(1) * * *
(ii) * * *
(B) If the partner and/or owner entity (or any other entity with an
identity of interest with such parties) wants to serve as the general
contractor for the project or development, it may award itself the
construction contract if either:
(1) The identity of interest general contractor's bid is the lowest
bid submitted in response to a public request for bids; or
(2) The PHA submits a written justification and provides an
independent third-party cost estimate that demonstrates that the
identity of interest general contractor's costs are less than or equal
to the independent third-party cost estimate.
* * * * *
PART 945--[REMOVED]
13. Under the authority of 42 U.S.C. 1473e and 3535(d), part 945 is
removed.
PART 966--PUBLIC HOUSING LEASE AND GRIEVANCE PROCEDURES
14. The authority citation for part 966 continues to read as
follows:
Authority: 42 U.S.C. 1437d and 3535(d).
15. Amend Sec. 966.52 by revising paragraph (a) to read as
follows:
Sec. 966.52 Requirements.
(a) Each PHA shall adopt a grievance procedure affording each
tenant an opportunity for a hearing on a grievance, as defined in Sec.
966.53 in accordance with the requirements, standards, and criteria
contained in this subpart. A PHA may establish an expedited grievance
procedure as defined in Sec. 966.53.
* * * * *
16. Amend Sec. 966.53 by revising paragraph (b), removing
paragraph (e), redesignating paragraph (d) as paragraph (e) and
revising it, adding new paragraph (d) and removing paragraph (g) to
read as follows:
Sec. 966.53 Definitions.
* * * * *
(b) Complainant shall mean any tenant whose grievance is presented
to the PHA or at the project management office.
* * * * *
(d) Expedited grievance means a procedure established by the PHA
for any grievance concerning a termination of tenancy or eviction that
involves:
(1) Any criminal activity that threatens the health, safety, or
right to peaceful enjoyment of the PHA's public housing premises by
other residents or employees of the PHA; or
(2) Any drug-related or violent criminal activity on or off such
premises.
(e) Hearing officer shall mean an impartial person or persons
designated by the PHA, other than the person who made or approved the
decision under review, or a subordinate of that person.
* * * * *
17. Remove Sec. 966.54 and Sec. 966.55.
18. Amend Sec. 966.56 by revising paragraph (a), removing
paragraphs (b)(5) and (c), redesignating paragraph (d) as paragraph (c)
and revising it, redesignating existing paragraph (e) as paragraph (d),
removing paragraphs (f) and (g), and redesignating existing paragraph
(h) as paragraph (e) to read as follows:
Sec. 966.56 Procedures governing the hearing.
(a) The hearing shall be scheduled promptly for a time and place
reasonably convenient to both the complainant and the PHA and held
before a hearing officer. A written notification specifying the time,
place, and the procedures governing the hearing shall be delivered to
the complainant and the appropriate official.
* * * * *
(c) If the complainant or the PHA fails to appear at a scheduled
hearing, the hearing officer may make a determination to postpone the
hearing for not to exceed 5 business days or may make a determination
that the party has waived the party's right to a hearing. Both the
complainant and the PHA shall be notified of the determination by the
hearing officer. A determination that the complainant has waived the
complainant's right to a hearing shall not constitute a waiver of any
right the complainant may have to contest the PHA's disposition of the
grievance in an appropriate judicial proceeding.
* * * * *
19. Revise Sec. 966.57 to read as follows:
Sec. 966.57 Decision of the hearing officer.
(a) The hearing officer shall prepare a written decision, including
the reasons for the PHA's decision, within a reasonable time after the
hearing. A copy of the decision shall be sent to the complainant and
the PHA. The PHA shall retain a copy of the decision in the tenant's
folder.
(b) The decision of the hearing officer shall be binding on the
PHA, unless the PHA Board of Commissioners determines that:
(1) The grievance does not concern PHA action or failure to act in
accordance with or involving the complainant's lease or PHA
regulations, which adversely affects the complainant's rights, duties,
welfare, or status.
(2) The decision of the hearing officer is contrary to applicable
federal, state, or local law, HUD regulations, or requirements of the
ACC between HUD and the PHA.
(c) A decision by the hearing officer or Board of Commissioners in
favor of the PHA, or which denies the relief requested by the
complainant in whole or in part, shall not constitute a waiver of, nor
affect in any manner whatsoever, any rights the complainant may have to
a trial de novo or judicial review in any judicial proceedings, which
may thereafter be brought in the matter.
Dated: July 7, 2008.
Paula O. Blunt,
General Deputy Assistant, Secretary for Public and Indian Housing.
[FR Doc. E8-17839 Filed 8-4-08; 8:45 am]
BILLING CODE 4210-67-P