Notice of Funding Availability: Rural Development Voucher Program, 3435-3438 [2012-1270]
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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Notices
permitting electronic submission of
responses.
Estimate of burden: The public
reporting burden for this collection of
information is estimated to average
3.4897877 hours per response.
Respondents: State animal health
officials; attending veterinarians; and
owners/producers of elk, deer, and
moose herds.
Estimated annual number of
respondents: 2,390.
Estimated annual number of
responses per respondent: 18.887866.
Estimated annual number of response
hours: 45,142.
Estimated total annual burden on
respondents: 157,536 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 18th day of
January 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–1310 Filed 1–23–12; 8:45 am]
BILLING CODE 3410–34–P
General Conference Committee of the
National Poultry Improvement Plan;
Cancellation of Meeting
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice of cancellation of
meeting.
AGENCY:
We are giving notice that the
meeting of the General Conference
Committee of the National Poultry
Improvement Plan scheduled for
January 25, 2012, has been canceled.
FOR FURTHER INFORMATION CONTACT: Dr.
C. Stephen Roney, Senior Coordinator,
National Poultry Improvement Plan, VS,
APHIS, 1506 Klondike Road, Suite 300,
Conyers, GA 30094; (770) 922–3496.
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on January 9, 2012 (77 FR
1051–1052, Docket No. APHIS–2011–
0115), we announced that there would
be a meeting of the General Conference
Committee of the National Poultry
Improvement Plan in Atlanta, GA, on
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Jkt 226001
Comments
BILLING CODE 3410–34–P
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of Rural Development,
including whether the information will
have practical utility; (b) the accuracy of
Rural Development’s estimate of the
burden to collect the required
information, including the validity of
the strategy used; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Comments on the paperwork burden
may be sent to Jeanne Jacobs,
Regulations and Paperwork
Management Branch, Rural
Development, U.S. Department of
Agriculture, STOP 0742, 1400
Independence Avenue SW.,
Washington, DC 20250–0742. All
responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
become a matter of public record.
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Request for Extension of
Currently Approved Information
Collection
Rural Business-Cooperative
Service, USDA.
ACTION: Proposed collection; comments
requested.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Rural
Development’s intention to request an
extension for a currently approved
information collection in support of the
program for 7 CFR part 4284, subpart K,
Agriculture Innovation Demonstration
Centers.
SUMMARY:
Mr.
Chadwick O. Parker, Deputy
Administrator, Cooperative Programs,
Rural Development, USDA, STOP 3252,
Room 4016-South, 1400 Independence
Avenue SW., Washington, DC 20250–
3252. Telephone: (202) 720–7558,
Email: chad.parker@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Title: Agriculture Innovation Centers.
OMB Number: 0570–0045.
Expiration Date of Approval: July 31,
2012.
Type of Request: Extension of
currently approved information
collection.
Abstract: Agriculture Innovation
Center applicants must provide required
information to demonstrate eligibility
for the program and compliance with
applicable laws and regulations.
Grantees are required to provide
progress reports for the duration of the
grant agreement to ensure continued
compliance and to measure the success
of the program.
Estimate of Burden: Public reporting
burden for this collection is estimated to
average 107.5 hours per response.
Estimated Number of Respondents: 2.
FOR FURTHER INFORMATION CONTACT:
[Docket No. APHIS–2011–0115]
17:25 Jan 23, 2012
[FR Doc. 2012–1427 Filed 1–23–12; 8:45 am]
Comments on this notice must be
received by March 26, 2012 to be
considered.
Animal and Plant Health Inspection
Service
VerDate Mar<15>2010
Done in Washington, DC, this 19th day of
January 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
Estimated Number of Responses per
Respondent: 12.
Estimated Number of Responses: 24.
Estimated Total Annual Burden on
Respondents: 58.5 hours.
Copies of this information collection
can be obtained from Jeanne Jacobs,
Regulations and Paperwork
Management Branch, (202) 692–0040.
DATES:
DEPARTMENT OF AGRICULTURE
SUMMARY:
January 25, 2012. Due to circumstances
beyond our control, we must cancel the
meeting. We regret any inconvenience
caused by the cancellation.
3435
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Dated: January 13, 2012.
Judith A. Canales,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2012–1273 Filed 1–23–12; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability: Rural
Development Voucher Program
Rural Housing Service, USDA.
Notice of Rural Development
Voucher Program Availability.
AGENCY:
ACTION:
The U.S. Department of
Agriculture (USDA) in Fiscal Year 2006
established a demonstration Rural
Development Voucher Program, as
authorized under Section 542 of the
Housing Act of 1949 as amended,
(without regard to Section 542(b)). This
Notice informs the public that funding
SUMMARY:
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is available for the Rural Development
Voucher Program. The notice also sets
forth the general policies and
procedures for use of these vouchers for
Fiscal Year 2012. Pursuant to the
requirements in the Consolidated and
Further Continuing Appropriations Act,
2012, Public Law 112–55 (November 18,
2011), Rural Development Vouchers are
only available to low income tenants of
Rural Development-financed
multifamily properties where the
Section 515 loan has been prepaid,
either through prepayment or a
foreclosure action, prior to the loan’s
maturity date and after September 30,
2005.
DATES:
January 24, 2012.
FOR FURTHER INFORMATION CONTACT:
Stephanie B.M. White, Director, MultiFamily Housing Portfolio Management
Division, Rural Development, U.S.
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 TDD by calling the toll-free
Federal Information Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION:
Background
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The Consolidated and Further
Continuing Appropriations Act, 2012
(Pub. L. 112–55, November 18, 2011)
provided that the Secretary of the USDA
shall carry out the Rural Development
Voucher program as follows:
That of the funds made available under
this heading, $11,000,000 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 (HUD).
This notice outlines the process for
providing voucher assistance to the
eligible impacted families when an
owner prepays a Section 515 loan or
USDA action results in a foreclosure
after September 30, 2005.
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Design Features of the Rural
Development Voucher Program
This section sets forth the design
features of the 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 this Notice and further explained 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 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 prior to the loan’s maturity date
(either through prepayment or
foreclosure action), the Rural
Development affordable housing
requirements and rental assistance
subsidies generally cease to exist. Rents
may increase, thereby making the
housing unaffordable to tenants. When
a prepayment occurs, whether or not the
rent increases, the tenant may be
responsible for the full payment of rent.
The Rural Development Voucher
Program applies to any 515 property
where the mortgage is paid off prior to
the maturity date in the promissory note
and the payment occurs 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 an annual
rental subsidy, renewable on the terms
and conditions set forth herein and
subject to the availability of funds, that
will supplement the tenant’s rent
payment. This program 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-
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income tenants in the prepaying
property are eligible to receive a
voucher to use at their current rental
property, or to take to any other rental
unit in the United States and its
territories.
There are some general limitations on
the use of a voucher:
(1) The rental unit must pass a Rural
Development health and safety
inspection, and the owner must be
willing to accept a Rural Development
Voucher;
(2) Also, Rural Development Vouchers
cannot be used for units in subsidized
housing like Section 8 and public
housing where two housing subsidies
would result. The Rural Development
Voucher may be used for rental units in
other properties financed by Rural
Development, but it will not be used in
combination with the Rural
Development Rental Assistance
program.
(3) The Rural Development Voucher
may not be used to purchase a home.
1. Family Eligibility
In order to be eligible for the Rural
Development Voucher under this
Notice, a family must:
(a) Be residing in the Section 515
project on the date of the prepayment of
the Section 515 loan or upon foreclosure
by Rural Development;
(b) The date of the prepayment or
foreclosure must be after September 30,
2005;
(c) As required by Section 214 of the
Housing and Community Development
Act of 1980 [42 U.S.C. 1436a] the
primary tenant and co-tenant, if
applicable, must be a United States
citizen, United States non-citizen
national or qualified alien.
(1) For each family member who
contends that he or she is a U.S. citizen
or a noncitizen with eligible
immigration status, the family must
submit to Rural Development a written
declaration, signed under penalty of
perjury, by which the family member
declares whether he or she is a U.S.
citizen or a noncitizen with eligible
immigration status:
(i) For each adult, the declaration
must be signed by the adult; and
(ii) For each child, the declaration
must be signed by an adult residing in
the assisted dwelling unit who is
responsible for the child.
(2) Each family member, regardless of
age, must submit the following evidence
to the responsible entity:
(i) For citizens, the evidence consists
of a signed declaration of U.S.
citizenship. Rural Development may
request verification of the declaration by
requiring presentation of a United States
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passport, social security card, or other
appropriate documentation;
(ii) For noncitizens who are 62 years
of age or older, the evidence consists of:
(A) A signed declaration of eligible
immigration status; and
(B) Proof of age document; and
(iii) For all other noncitizens, the
evidence consists of:
(A) A signed declaration of eligible
immigration status;
(B) Alien registration documentation
or other proof of immigration
registration from the United States
Citizenship and Immigration Services
(USCIS) that contains the individual’s
alien admission number or alien file
number; and
(C) A signed verification consent
form, which provides that evidence of
eligible immigration status may be
released to Rural Development and
USCIS for purposes of verifying the
immigration status of the individual.
Rural Development shall provide a
reasonable opportunity, not to exceed
30 days, to submit evidence indicating
a satisfactory immigration status, or to
appeal to the Immigration and
Naturalization Service the verification
determination of the Immigration and
Naturalization Service; and;
(d) The family must be a low-income
family on the date of the prepayment or
foreclosure. A low-income family is a
family whose annual income does not
exceed 80 percent of the family median
income for the area as defined by HUD.
HUD’s definition of median income can
be found at: https://www.huduser.org/
portal/datasets/il/il11/
During the prepayment or foreclosure
process, Rural Development will
evaluate every tenant family to
determine if it is low income. If Rural
Development determines a family is
low-income, immediately following the
foreclosure or prepayment Rural
Development will send the primary
tenant a letter offering the family a
voucher and will enclose a Voucher
Obligation Request Form and a
citizenship declaration form. If the
family wants to participate in the Rural
Development Voucher Program, the
tenant has 10 months from the date of
prepayment or foreclosure to return the
Voucher Obligation Request Form and
the citizenship declaration to the local
Rural Development office. If Rural
Development determines that the tenant
is ineligible, Rural Development will
provide administrative appeal rights
pursuant to 7 CFR part 11.
2. Obtaining a Voucher
Rural Development will monitor the
prepayment request process or
foreclosure process, as applicable. As
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part of prepayment or foreclosure Rural
Development will obtain a rent
comparability study for the property
ninety days 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 if they are eligible and
the amount of the voucher within 90
days following the date of prepayment
or foreclosure. The tenant notice will
include a description of the Rural
Development Voucher Program, a
Voucher Obligation Request Form, and
letter from Rural Development offering
the tenant participation in Rural
Development Voucher Program. The
tenant has 10 months from the date of
prepayment or foreclosure to return the
Voucher Obligation Request Form and
the signed citizenship declaration.
Failure to submit the Voucher
Obligation Request Form and the signed
citizenship declaration within the
required timeframes will terminate the
tenant’s the voucher. A tenant’s failure
to respond within the required
timeframes is not appealable. Once the
primary tenant returns the Voucher
Obligation Request Form and the
citizenship declaration to Rural
Development, a voucher will be issued
within 30 days. 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 the time the Voucher
Obligation Form and citizenship
declaration is received.
The family receiving a Rural
Development Voucher has an initial
period of 60 calendar days from
issuance of the voucher to find a
housing unit. At its discretion, Rural
Development may grant one or more
extensions of the initial period for up to
an additional 60 days. Generally the
maximum voucher period for any family
participating in the Rural Development
Voucher Program is 120 days. Only if
the family needs and requests an
extension of the initial period as a
reasonable accommodation to make the
program accessible to a disabled family
member, Rural Development will extend
the voucher search period beyond the
120 days. If the Rural Development
Voucher remains unused after a period
of 150 days from original issuance, the
Rural Development Voucher will
become void, any funding will be
cancelled, and the tenant will no longer
be eligible to receive a Rural
Development Voucher.
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3. Initial Lease Term
The initial lease term for the housing
unit where the family wishes to use the
Rural Development Voucher must be for
one year.
4. Inspection of Units and Unit
Approval
Once the family finds a housing unit,
Rural Development will inspect and
determine if the housing standard is
acceptable within 30 days of Rural
Development’s receipt of the HUD Form
52517 ‘‘Request for Tenancy Approval
Housing Choice Voucher Program’’
found at https://www.hud.gov/offices/
adm/hudclips/forms/files/52517.pdf
and the Disclosure of Information on
Lead-Based Paint Hazards. The
inspection standards currently in effect
for the Rural Development Section 515
Multi-Family Housing Program apply to
the Rural Development Voucher
Program. Rural Development must
inspect the unit and ensure that the unit
meets the housing inspection standards
set forth 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, 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. A copy of the HUD
Tenancy Addendum will be provided
by Rural Development when the tenant
is informed he/she is eligible for a
voucher.
Once the conditions in the above
paragraph 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
Rural Development Voucher payments
can be made. Rural Development will
use its best efforts to execute the HAP
contract on behalf of the family before
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the beginning of the lease term. In the
event that this does not occur, 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 HAP
contract that is effective prior to the
Section 515 loan prepayment.
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5. Subsidy Calculations for Rural
Development Vouchers
As stated earlier, if eligible, the tenant
will be notified of the maximum
voucher amount within 90 days
following prepayment or foreclosure.
The maximum voucher amount for the
Rural Development Voucher Program is
the difference between the comparable
market rent for the family’s former
Section 515 unit and the tenant’s rent
contribution on the date of the
prepayment. The 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 the
tenant chooses to stay in-place. Also, in
no event may the Rural Development
Voucher payment exceed the actual
tenant lease rent. The amount of the
voucher does not change either over
time or if the tenant chooses to move to
a more expensive location.
6. Mobility and Portability of Rural
Development Vouchers
An eligible family that is issued a
Rural Development Voucher may elect
to use the assistance in the same project
or may choose to move to another
location. The Rural Development
Voucher may be used at the prepaid
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 Rural Development
Voucher and execute a Form HUD
52641. Tenants and landlords must
inform Rural Development if the tenant
plans to move during the HAP
agreement term, even to a new unit in
the same complex. All moves (within a
complex or to another complex) require
a new obligation, a new inspection and
a new HAP agreement. In addition, HUD
Section 8 and federally assisted public
housing is excluded from the Rural
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Development Voucher Program because
these units are already federally
subsidized. Tenants with a Rural
Development Voucher would have to
give up the Rural Development Voucher
to accept the assistance at those
properties. The 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 Rural
Development Voucher that apply for
housing in a Rural Developmentfinanced property must choose between
using the voucher or Rental Assistance.
If the tenant relinquishes the Rural
Development Voucher in favor of Rental
Assistance, the tenant is not eligible to
receive another Rural Development
Voucher.
7. Term of Funding and Conditions for
Renewal for Rural Development
Vouchers
The Rural Development Voucher
Program provides voucher assistance for
12 monthly payments. The voucher is
issued to the household in the name of
the primary tenant, as the voucher
holder. The voucher is not transferable
from the voucher holder to any other
household member except in the case of
the voucher holder’s death or
involuntary household separation such
as the incarceration of the voucher
holder or transfer of the voucher holder
to an assisted living or nursing home
facility. Upon receiving documentation
of such cases, the voucher may be
transferred at the Agency’s discretion to
another tenant on the voucher holder’s
lease.
The voucher is renewable subject to
the availability of appropriations to the
USDA. In order to renew a voucher, a
tenant must return a signed Voucher
Obligation Form which will be sent to
the tenant within 60–90 days before the
current voucher expires. If the voucher
holder fails to return the renewal
Voucher Obligation Form before the
current voucher funding expires, the
voucher will be terminated.
In order to ensure continued
eligibility to use the Rural Development
Voucher, at the time they apply for
renewal of the voucher, tenants must
certify that the current family income
does not exceed 80 percent of family
median income. Rural Development will
advise the tenant of the maximum
income level when the renewal Voucher
Obligation Form is sent.
Renewal requests will have no
preference and will be processed as a
new application as described in this
Notice.
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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, (including gender
identity and expression) 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,
audio tape, etc.) should contact USDA’s
TARGET Center at (202) 720–2600 (voice and
TDD).
To file a complaint of discrimination write
to USDA, Assistant Secretary for Civil Rights,
Office of the Assistance Secretary for Civil
Rights, 1400 Independence Avenue, SW.,
Stop 9410, Washington, DC 20250–9410 or
call toll-free at (866) 632–9992 (English) or
(800) 877–8339 (TDD) or (866) 733–8642
(English Federal relay) or (800) 845–6136
(Spanish Federal relay). USDA is an equal
opportunity provider, and employer.’’
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: January 16, 2012.
˜
Tammye Trevino,
Administrator, Rural Housing Service.
[FR Doc. 2012–1270 Filed 1–23–12; 8:45 am]
BILLING CODE 3410–XV–P
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Georgia Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights (Commission) and the
Federal Advisory Committee Act
(FACA) that a meeting of the Georgia
Advisory Committee (Committee) to the
Commission will be held on Thursday,
February 16, 2012, at the Conference
Center, Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, GA 30303.
The meeting is scheduled to begin at 10
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]]>Agencies
[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Pages 3435-3438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1270]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Funding Availability: Rural Development Voucher Program
AGENCY: Rural Housing Service, USDA.
ACTION: Notice of Rural Development Voucher Program Availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture (USDA) in Fiscal Year 2006
established a demonstration Rural Development Voucher Program, as
authorized under Section 542 of the Housing Act of 1949 as amended,
(without regard to Section 542(b)). This Notice informs the public that
funding
[[Page 3436]]
is available for the Rural Development Voucher Program. The notice also
sets forth the general policies and procedures for use of these
vouchers for Fiscal Year 2012. Pursuant to the requirements in the
Consolidated and Further Continuing Appropriations Act, 2012, Public
Law 112-55 (November 18, 2011), Rural Development Vouchers are only
available to low income tenants of Rural Development-financed
multifamily properties where the Section 515 loan has been prepaid,
either through prepayment or a foreclosure action, prior to the loan's
maturity date and after September 30, 2005.
DATES: January 24, 2012.
FOR FURTHER INFORMATION CONTACT: Stephanie B.M. White, Director, Multi-
Family Housing Portfolio Management Division, Rural Development, U.S.
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 TDD by calling
the toll-free Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
Background
The Consolidated and Further Continuing Appropriations Act, 2012
(Pub. L. 112-55, November 18, 2011) provided that the Secretary of the
USDA shall carry out the Rural Development Voucher program as follows:
That of the funds made available under this heading, $11,000,000
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 (HUD).
This notice outlines the process for providing voucher assistance
to the eligible impacted families when an owner prepays a Section 515
loan or USDA action results in a foreclosure after September 30, 2005.
Design Features of the Rural Development Voucher Program
This section sets forth the design features of the 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 this Notice and
further explained 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
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 prior to the loan's maturity date (either
through prepayment or foreclosure action), the Rural Development
affordable housing requirements and rental assistance subsidies
generally cease to exist. Rents may increase, thereby making the
housing unaffordable to tenants. When a prepayment occurs, whether or
not the rent increases, the tenant may be responsible for the full
payment of rent. The Rural Development Voucher Program applies to any
515 property where the mortgage is paid off prior to the maturity date
in the promissory note and the payment occurs 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 an
annual rental subsidy, renewable on the terms and conditions set forth
herein and subject to the availability of funds, that will supplement
the tenant's rent payment. This program 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 to take to any other rental
unit in the United States and its territories.
There are some general limitations on the use of a voucher:
(1) The rental unit must pass a Rural Development health and safety
inspection, and the owner must be willing to accept a Rural Development
Voucher;
(2) Also, Rural Development Vouchers cannot be used for units in
subsidized housing like Section 8 and public housing where two housing
subsidies would result. The Rural Development Voucher may be used for
rental units in other properties financed by Rural Development, but it
will not be used in combination with the Rural Development Rental
Assistance program.
(3) The Rural Development Voucher may not be used to purchase a
home.
1. Family Eligibility
In order to be eligible for the Rural Development Voucher under
this Notice, a family must:
(a) Be residing in the Section 515 project on the date of the
prepayment of the Section 515 loan or upon foreclosure by Rural
Development;
(b) The date of the prepayment or foreclosure must be after
September 30, 2005;
(c) As required by Section 214 of the Housing and Community
Development Act of 1980 [42 U.S.C. 1436a] the primary tenant and co-
tenant, if applicable, must be a United States citizen, United States
non-citizen national or qualified alien.
(1) For each family member who contends that he or she is a U.S.
citizen or a noncitizen with eligible immigration status, the family
must submit to Rural Development a written declaration, signed under
penalty of perjury, by which the family member declares whether he or
she is a U.S. citizen or a noncitizen with eligible immigration status:
(i) For each adult, the declaration must be signed by the adult;
and
(ii) For each child, the declaration must be signed by an adult
residing in the assisted dwelling unit who is responsible for the
child.
(2) Each family member, regardless of age, must submit the
following evidence to the responsible entity:
(i) For citizens, the evidence consists of a signed declaration of
U.S. citizenship. Rural Development may request verification of the
declaration by requiring presentation of a United States
[[Page 3437]]
passport, social security card, or other appropriate documentation;
(ii) For noncitizens who are 62 years of age or older, the evidence
consists of: (A) A signed declaration of eligible immigration status;
and
(B) Proof of age document; and
(iii) For all other noncitizens, the evidence consists of:
(A) A signed declaration of eligible immigration status;
(B) Alien registration documentation or other proof of immigration
registration from the United States Citizenship and Immigration
Services (USCIS) that contains the individual's alien admission number
or alien file number; and
(C) A signed verification consent form, which provides that
evidence of eligible immigration status may be released to Rural
Development and USCIS for purposes of verifying the immigration status
of the individual. Rural Development shall provide a reasonable
opportunity, not to exceed 30 days, to submit evidence indicating a
satisfactory immigration status, or to appeal to the Immigration and
Naturalization Service the verification determination of the
Immigration and Naturalization Service; and;
(d) The family must be a low-income family on the date of the
prepayment or foreclosure. A low-income family is a family whose annual
income does not exceed 80 percent of the family median income for the
area as defined by HUD. HUD's definition of median income can be found
at: https://www.huduser.org/portal/datasets/il/il11/
During the prepayment or foreclosure process, Rural Development
will evaluate every tenant family to determine if it is low income. If
Rural Development determines a family is low-income, immediately
following the foreclosure or prepayment Rural Development will send the
primary tenant a letter offering the family a voucher and will enclose
a Voucher Obligation Request Form and a citizenship declaration form.
If the family wants to participate in the Rural Development Voucher
Program, the tenant has 10 months from the date of prepayment or
foreclosure to return the Voucher Obligation Request Form and the
citizenship declaration to the local Rural Development office. If Rural
Development determines that the tenant is ineligible, Rural Development
will provide administrative appeal rights pursuant to 7 CFR part 11.
2. Obtaining a Voucher
Rural Development will monitor the prepayment request process or
foreclosure process, as applicable. As part of prepayment or
foreclosure Rural Development will obtain a rent comparability study
for the property ninety days 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 if they are eligible and the amount of the voucher within
90 days following the date of prepayment or foreclosure. The tenant
notice will include a description of the Rural Development Voucher
Program, a Voucher Obligation Request Form, and letter from Rural
Development offering the tenant participation in Rural Development
Voucher Program. The tenant has 10 months from the date of prepayment
or foreclosure to return the Voucher Obligation Request Form and the
signed citizenship declaration. Failure to submit the Voucher
Obligation Request Form and the signed citizenship declaration within
the required timeframes will terminate the tenant's the voucher. A
tenant's failure to respond within the required timeframes is not
appealable. Once the primary tenant returns the Voucher Obligation
Request Form and the citizenship declaration to Rural Development, a
voucher will be issued within 30 days. 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 the time the Voucher Obligation Form and citizenship
declaration is received.
The family receiving a Rural Development Voucher has an initial
period of 60 calendar days from issuance of the voucher to find a
housing unit. At its discretion, Rural Development may grant one or
more extensions of the initial period for up to an additional 60 days.
Generally the maximum voucher period for any family participating in
the Rural Development Voucher Program is 120 days. Only if the family
needs and requests an extension of the initial period as a reasonable
accommodation to make the program accessible to a disabled family
member, Rural Development will extend the voucher search period beyond
the 120 days. If the Rural Development Voucher remains unused after a
period of 150 days from original issuance, the Rural Development
Voucher will become void, any funding will be cancelled, and the tenant
will no longer be eligible to receive a Rural Development Voucher.
3. Initial Lease Term
The initial lease term for the housing unit where the family wishes
to use the Rural Development Voucher must be for one year.
4. Inspection of Units and Unit Approval
Once the family finds a housing unit, Rural Development will
inspect and determine if the housing standard is acceptable within 30
days of Rural Development's receipt of the HUD Form 52517 ``Request for
Tenancy Approval Housing Choice Voucher Program'' found at https://www.hud.gov/offices/adm/hudclips/forms/files/52517.pdf and the
Disclosure of Information on Lead-Based Paint Hazards. The inspection
standards currently in effect for the Rural Development Section 515
Multi-Family Housing Program apply to the Rural Development Voucher
Program. Rural Development must inspect the unit and ensure that the
unit meets the housing inspection standards set forth 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, 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. A copy of the HUD Tenancy Addendum
will be provided by Rural Development when the tenant is informed he/
she is eligible for a voucher.
Once the conditions in the above paragraph 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
Rural Development Voucher payments can be made. Rural Development will
use its best efforts to execute the HAP contract on behalf of the
family before
[[Page 3438]]
the beginning of the lease term. In the event that this does not occur,
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 HAP contract that is effective prior to
the Section 515 loan prepayment.
5. Subsidy Calculations for Rural Development Vouchers
As stated earlier, if eligible, the tenant will be notified of the
maximum voucher amount within 90 days following prepayment or
foreclosure. The maximum voucher amount for the Rural Development
Voucher Program is the difference between the comparable market rent
for the family's former Section 515 unit and the tenant's rent
contribution on the date of the prepayment. The 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 the tenant chooses to stay in-place. Also, in no event
may the Rural Development Voucher payment exceed the actual tenant
lease rent. The amount of the voucher does not change either over time
or if the tenant chooses to move to a more expensive location.
6. Mobility and Portability of Rural Development Vouchers
An eligible family that is issued a Rural Development Voucher may
elect to use the assistance in the same project or may choose to move
to another location. The Rural Development Voucher may be used at the
prepaid 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 Rural Development Voucher
and execute a Form HUD 52641. Tenants and landlords must inform Rural
Development if the tenant plans to move during the HAP agreement term,
even to a new unit in the same complex. All moves (within a complex or
to another complex) require a new obligation, a new inspection and a
new HAP agreement. In addition, HUD Section 8 and federally assisted
public housing is excluded from the Rural Development Voucher Program
because these units are already federally subsidized. Tenants with a
Rural Development Voucher would have to give up the Rural Development
Voucher to accept the assistance at those properties. The 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 Rural Development
Voucher that apply for housing in a Rural Development-financed property
must choose between using the voucher or Rental Assistance. If the
tenant relinquishes the Rural Development Voucher in favor of Rental
Assistance, the tenant is not eligible to receive another Rural
Development Voucher.
7. Term of Funding and Conditions for Renewal for Rural Development
Vouchers
The Rural Development Voucher Program provides voucher assistance
for 12 monthly payments. The voucher is issued to the household in the
name of the primary tenant, as the voucher holder. The voucher is not
transferable from the voucher holder to any other household member
except in the case of the voucher holder's death or involuntary
household separation such as the incarceration of the voucher holder or
transfer of the voucher holder to an assisted living or nursing home
facility. Upon receiving documentation of such cases, the voucher may
be transferred at the Agency's discretion to another tenant on the
voucher holder's lease.
The voucher is renewable subject to the availability of
appropriations to the USDA. In order to renew a voucher, a tenant must
return a signed Voucher Obligation Form which will be sent to the
tenant within 60-90 days before the current voucher expires. If the
voucher holder fails to return the renewal Voucher Obligation Form
before the current voucher funding expires, the voucher will be
terminated.
In order to ensure continued eligibility to use the Rural
Development Voucher, at the time they apply for renewal of the voucher,
tenants must certify that the current family income does not exceed 80
percent of family median income. Rural Development will advise the
tenant of the maximum income level when the renewal Voucher Obligation
Form is sent.
Renewal requests will have no preference and will be processed as a
new application as described in this Notice.
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, (including gender identity and expression) 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,
audio tape, etc.) should contact USDA's TARGET Center at (202) 720-
2600 (voice and TDD).
To file a complaint of discrimination write to USDA, Assistant
Secretary for Civil Rights, Office of the Assistance Secretary for
Civil Rights, 1400 Independence Avenue, SW., Stop 9410, Washington,
DC 20250-9410 or call toll-free at (866) 632-9992 (English) or (800)
877-8339 (TDD) or (866) 733-8642 (English Federal relay) or (800)
845-6136 (Spanish Federal relay). USDA is an equal opportunity
provider, and employer.''
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: January 16, 2012.
Tammye Trevi[ntilde]o,
Administrator, Rural Housing Service.
[FR Doc. 2012-1270 Filed 1-23-12; 8:45 am]
BILLING CODE 3410-XV-P
