Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Delay of Effective Date, 13339-13340 [E9-6942]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Rules and Regulations]
[Pages 13339-13340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6942]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 5, 92, and 908

[Docket No. FR-4998-F-04]
RIN 2501-AD16


Refinement of Income and Rent Determination Requirements in 
Public and Assisted Housing Programs: Delay of Effective Date

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule; Delay of effective date.

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SUMMARY: HUD is delaying the effective date of the rule entitled 
``Refinement of Income and Rent Determination Requirements in Public 
and Assisted Housing Programs'' published in the Federal Register on 
January 27, 2009. The rule, which was originally scheduled to become 
effective on March 30, 2009, will become effective on September 30, 
2009. Today's action follows publication of HUD's February 11, 2009, 
Federal Register notice seeking public comment on whether delay in the 
effective date of the January 27, 2009, final rule, would be beneficial 
in further consideration of the rule's policies. This action is being 
taken in accordance with the memorandum of January 20, 2009, from the 
assistant to the President and Chief of Staff, entitled ``Regulatory 
Review.''

DATES: Effective Date: The effective date of the final rule, which was 
published on January 27, 2009 (74 FR 4832) is delayed until September 
30, 2009.

FOR FURTHER INFORMATION CONTACT: For Office of Public and Indian 
Housing programs, contact Nicole Faison, Director of the Office of 
Public Housing Programs, Department of Housing and Urban Development, 
451 7th Street, SW., Room 4226, Washington, DC 20410, telephone number 
202-708-0744. For Office of Housing Programs, contact Gail Williamson, 
Director of the Housing Assistance Policy Division, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 6138, 
Washington, DC 20410, telephone number 202-402-2473. (These are not 
toll-free numbers.) 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 January 27, 2009 (74 FR 4832), HUD published a final rule, 
entitled ``Refinement of Income and Rent Determination Requirements in 
Public and Assisted Housing Programs.'' The January 27, 2009, final 
rule revises HUD's public and assisted housing program regulations to 
implement the upfront income verification process for program 
participants and to require the use of HUD's Enterprise Income 
Verification (EIV) system by public housing agencies and owners and 
management agents. The final rule was originally scheduled to become 
effective on March 30, 2009, but provided multifamily housing owners 
and management agents with an additional six months (until September 
30, 2009) to implement use of the EIV.
    On February 11, 2009 (74 FR 6839), HUD published a notice in the 
Federal Register seeking public comment on whether delay in the 
effective date of the January 27, 2009, final rule, would be beneficial 
to further consider the rule's policies before they become effective. 
The notice was issued in accordance with the memorandum of January 20, 
2009, from the assistant to the President and Chief of Staff, entitled 
``Regulatory Review'' and subsequently published in the Federal 
Register on January 26, 2009 (74 FR 4435). The notice explained that 
HUD was considering a temporary 60-day delay in the effective date to 
allow HUD officials the opportunity for further review and 
consideration of new regulations, consistent with the Chief of Staff 
memorandum of January 20, 2009.
    In addition to seeking public comment, in the February 11, 2009, 
notice HUD took the opportunity to address questions received 
subsequent to publication of the January 27, 2009, final rule 
pertaining to the provisions requiring the use of social security 
numbers for determining program eligibility. The February 11, 2009, 
notice clarified that these requirements are not intended to apply to 
individuals, in mixed families, who do not contend

[[Page 13340]]

eligible immigration status under HUD's noncitizens regulations, nor do 
they interfere with existing requirements relative to proration of 
assistance or screening for such families, or authorize their eviction 
or denial of admission on the basis of the new requirements pertaining 
to obtaining social security numbers.
    The February 11, 2009, notice solicited comments specifically on a 
delayed effective date, but also generally on the January 27, 2009 
final rule. HUD received approximately 50 comments in response to the 
February 11, 2009, notice. The majority of comments were supportive of 
a delayed effective date. The majority of the commenters also raised 
additional questions and comments about various aspects of the January 
27, 2009, final rule.

II. This Final Rule

    Through this final rule, HUD delays the effective date of the 
January 27, 2009, final rule until September 30, 2009. A delay until 
September 30, 2009 will provide HUD with additional time to review the 
public comments received in response to the February 11, 2009, notice, 
respond to those comments in a subsequent publication, and consider 
whether additional regulations or changes to the regulations in the 
January 27, 2009, final rule are necessary or appropriate. Since 
September 30, 2009, is the date in the January 27, 2009, final rule for 
multifamily housing owners and management agents to implement the use 
of EIV, the Department has determined not to provide additional delay 
in implementation in the use of EIV for multifamily housing owners and 
management agents as provided in the January 27, 2009, final rule. The 
implementation date for public housing agencies, multifamily housing 
owners, and management agents will now all be the same as the new 
effective date, September 30, 2009. Should HUD determine that 
additional rulemaking is necessary or appropriate, HUD will provide the 
public with the opportunity to comment on any proposed changes to the 
regulations in the January 27, 2009, final rule.

    Dated: March 24, 2009.
 Paula O. Blunt,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. E9-6942 Filed 3-26-09; 8:45 am]
BILLING CODE 4210-67-P