Removal of Obsolete Section 8 Rental Assistance Certificate Program Regulations, 8243-8247 [2015-03037]
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Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 203
[Docket No. FR–5845–N–01]
HUD’s Qualified Mortgage Rule:
Annual Threshold Adjustments to the
Points and Fees Limit
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Announcement of HUD’s
qualified mortgage rule’s annual
threshold adjustments.
AGENCY:
The Consumer Financial
Protection Bureau (CFPB) issued a final
rule entitled ‘‘Truth in Lending
(Regulation Z) Annual Threshold
Adjustments (CARD ACT, HOEPA and
ATR/QM)’’ on August 15, 2014. The
final rule re-calculated the annual dollar
amounts for the points and fees limit in
CFPB’s ‘‘qualified mortgage’’ definition
to reflect the annual percentage change
in the Consumer Price Index in effect on
June 1, 2014. HUD’s ‘‘qualified
mortgage’’ definition incorporates
CFPB’s qualified mortgage points and
fees limit and the requirement that the
points and fees limit be adjusted
annually. This document clarifies that
all annual adjustments to the qualified
mortgage points and fees limit issued by
the CFPB to reflect the Consumer Price
Index apply to HUD’s points and fees
limit provision, including CFPB’s most
recent final rule.
DATES: Effective Date: February 17,
2015.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Michael P. Nixon, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW., Room
9278, Washington, DC 20410; telephone
number 202–402–5216, ext. 3094 (this is
not a toll-free number). Persons with
hearing or speech impairments may
access this number through TTY by
calling the Federal Relay Service at 800–
877–8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
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I. Background
On December 11, 2013, at 78 FR
75215, HUD published a final rule that
established a definition of ‘‘qualified
mortgage’’ for single family residential
mortgages that HUD insures, guarantees,
or administers. Under HUD’s qualified
mortgage rule, qualified mortgage status
attaches at origination and insurance
endorsement to those single family
residential mortgages insured under the
National Housing Act (12 U.S.C. 1701 et
seq.), section 184 loans for Indian
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housing under the Housing and
Community Development Act of 1992
(12 U.S.C. 1715z–13a), and section 184A
loans for Native Hawaiian housing
under the Housing and Community
Development Act of 1992 (12 U.S.C.
1715z–13b). HUD’s definition of
‘‘qualified mortgage’’ is codified for
each program at 24 CFR 201.7, 203.19,
1005.120 and 1007.80.
HUD has defined ‘‘qualified
mortgage’’ in a manner that aligns
HUD’s definition, to the extent feasible
and consistent with HUD’s mission,
with that of the ‘‘qualified mortgage’’
definition promulgated by the CFPB,
and which is codified at 12 CFR
1026.43. HUD undertook the alignment
for the purpose of lessening future
differences in standards for HUD’s
single family residential insured
mortgages and those established by the
CFPB, which apply to conventional,
federally-related mortgages for which
designation as a qualified mortgage is
sought.
HUD’s alignment to CFPB’s standards
at 24 CFR 203.19 includes a crossreference to the CFPB’s limit on points
and fees for a qualified mortgage at 12
CFR 1026.43(e)(3). The CFPB’s qualified
mortgage limit on points and fees
requires that to be a ‘‘qualified
mortgage,’’ the transaction’s points and
fees must not exceed 3 percent of the
total loan amount for a loan amount
greater than or equal to $100,000; $3,000
for a loan amount greater than or equal
to $60,000 but less than $100,000; 5
percent of the total loan amount for
loans greater than or equal to $20,000
but less than $60,000; $1,000 for a loan
amount greater than or equal to $12,500
but less than $20,000; and 8 percent of
the total loan amount for loans less than
$12,500. The definition also provides
that the dollar amounts should be
adjusted annually on January 1 by the
annual percentage change in the
Consumer Price Index for All Urban
Consumers (CPI–U) that was reported
on the preceding June 1. Members of the
public interested in more detail about
HUD’s qualified mortgage regulations
may refer to the preamble of HUD’s
September 30, 2013, proposed rule and
HUD’s December 11, 2013, final rule, at
78 FR 59890 and 78 FR 75215,
respectively.
II. HUD Notice of CFPB’s Final Rule
On August 15, 2014, the CFPB issued
a final rule ‘‘Truth in Lending
(Regulation Z) Annual Threshold
Adjustments (CARD ACT, HOEPA and
ATR/QM).’’ (79 FR 48015) CFPB’s final
rule amended the points and fees limit
at 12 CFR 1026.43(e)(3), as required by
12 CFR 1026.43(e)(3)(ii), to reflect the
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8243
annual inflation in the (CPI–U), as
published by the Bureau of Labor
Statistics, as of June 1, 2014. The
adjustment adopted reflected a 2
percent increase in the CPI–U for the
required period and is rounded to whole
dollars for ease of compliance. The new
points and fees limit, effective January
1, 2015, requires that for a covered
transaction to be a qualified mortgage
the total points and fees must not
exceed 3 percent of the total loan
amount for a loan greater than or equal
to $101,953; $3,059 for a loan amount
greater than or equal to $61,172 but less
than $101,953; 5 percent of the total
loan amount for a loan greater than or
equal to $20,391 but less than $61,172;
$1,020 for a loan amount greater than or
equal to $12,744 but less than $20,391;
and 8 percent of the total loan amount
for a loan amount less than $12,744.
HUD’s reference to 12 CFR
1026.43(e)(3) in its final rule included
the requirement that the points and fees
limit be updated annually to reflect the
CPI–U. Therefore, this document
clarifies that all adjustments to the
CFPB’s point and fees limit consistent
with 12 CFR 1026.43(e)(3)(ii) are to be
incorporated into HUD’s points and fees
limit per the effective date of the CFPB’s
adjustment, including the most recent
change issued on August 15, 2014.
Dated: February 9, 2015.
Biniam Gebre,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner.
[FR Doc. 2015–03139 Filed 2–13–15; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 982
[Docket No. FR–5827–F–01]
Removal of Obsolete Section 8 Rental
Assistance Certificate Program
Regulations
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
AGENCY:
This final rule removes from
regulations obsolete references to the
Section 8 Tenant-Based Rental
Assistance Certificate program
(Certificate Program). In accordance
with Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review,’’ HUD reviewed its regulations
to identify regulations that are
‘‘outmoded, ineffective, insufficient or
excessively burdensome.’’ Following its
review, HUD determined that the
SUMMARY:
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Certificate Program regulations are
obsolete and unnecessary because they
govern a program that has been
consolidated into another program, the
Housing Choice Voucher (HCV)
program. This rule also makes minor
editorial corrections to the regulations.
DATES: Effective date: March 19, 2015.
FOR FURTHER INFORMATION CONTACT: For
questions, please contact Jennifer
Lavorel at 202–402–2515 (the number is
not toll-free). Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339. She may also be reached via
postal mail at the following address:
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410.
SUPPLEMENTARY INFORMATION:
I. Background
On January 18, 2011, President
Obama issued Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review.’’ 1 The Executive Order directs
heads of Federal departments and
agencies to review all existing
regulations to eliminate those that are
outdated and modify others to increase
flexibility and reduce burden. As a part
of HUD’s overall effort to reduce
regulatory burden and streamline the
content of title 24 of the Code of Federal
Regulations (CFR), this rule removes
obsolete references to the Certificate
Program, which has long been merged
with the HCV program.
In the HCV program (and also
formerly in the Certificate Program),
HUD pays rental subsidies so eligible
families can afford decent, safe, and
sanitary housing. HUD provides housing
assistance funds to public housing
agencies (PHAs) that administer the
program. Eligible families select and
rent units that meet program housing
quality standards. The PHA contracts
with the owner of the housing to make
rent subsidy payments on behalf of the
family.
The Certificate Program was first
created by the Housing and Community
Development Act of 1974,2 which
amended section 8 of the United States
Housing Act of 1937 (1937 Act).3
Building on the success of the
Certificate Program, Congress
authorized a new rental voucher
demonstration program in 1984, by
adding a new section 8(o) to the 1937
Act, as part of the Supplemental
1 The Executive Order was subsequently
published in the Federal Register on January 21,
2011, at 76 FR 3821.
2 Public Law 93–383, approved August 22, 1974.
3 42 U.S.C. 1437f.
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Appropriations Act, 1984.4 The rental
voucher program was similar to the
Certificate Program but provided
families with more options in housing
selection. The rental voucher program
was made permanent by the Housing
and Community Development Act of
1987.5
HUD published a series of regulatory
changes in the 1990s to align the two
programs as closely as possible, given
the statutory framework of each
program. The Quality Housing and
Work Responsibility Act of 1998
(QHWRA) 6 amended section 8 of the
1937 Act to fully merge the Certificate
and rental voucher programs and
eliminated all differences between the
two. On May 14, 1999,7 HUD published
an interim rule implementing the
merger of the two programs into the new
HCV program. The interim rule was
followed by publication of an October
21, 1999, final rule.8 In accordance with
the regulations implementing the
merger, the Certificate Program was
phased out by October 2001.
The removal of obsolete references to
the Certificate Program from 24 CFR
will eliminate any misunderstanding
that the Certificate Program is an active
program. No new assistance is being
provided under this program. To the
extent that any Project-Based Certificate
Program contracts remain in effect, they
are now governed by the regulations in
24 CFR 983.10, entitled ‘‘Project-based
certificate (PBC) program’’.
In addition to eliminating obsolete
regulatory provisions in 24 CFR part,
this rule makes certain minor editorial
corrections to the regulations in 24 CFR
part 982. For example, in certain places,
the regulations refer to PHAs as PHAs
but in other places the regulations refer
to PHAs as housing authorities or HAs.
HUD revised the regulations to
consistently use the terms PHA or PHAs
throughout. Similarly, the rule revises
the part 982 regulations to refer to the
tenant-based voucher program as the
HCV program.
II. Justification for Final Rulemaking
In accordance with 24 CFR part 10, it
is the practice of HUD to offer interested
parties the opportunity to comment on
proposed regulations. Part 10, consistent
with 5 U.S.C. 553(b), provides for
4 Public Law 98–181, approved November 30,
1983.
5 Public Law 100–242, approved February 5,
1988.
6 Title V of the Departments of Veterans Affairs
and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999
(Pub. L. 105–276, approved October 21, 1998).
7 64 FR 26632.
8 64 FR 56894.
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exceptions to the general rule if an
agency, for good cause, finds that
‘‘notice and public procedure thereon
are impracticable, unnecessary, or
contrary to the public interest.’’ (See 24
CFR 10.1.)
The removal of these regulations from
24 CFR does not establish or affect
substantive policy. This final rule
removes obsolete and unnecessary
regulatory provisions for a program that
is no longer being funded and makes
non-substantive editorial corrections.
Therefore, HUD finds that public notice
and comment are unnecessary and
contrary to the public interest.
III. Findings and Certifications
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) generally requires
an agency to conduct a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Because HUD
has determined that good cause exists to
issue this rule without prior public
comment, this rule is not subject to the
requirement to publish an initial or final
regulatory flexibility analysis under the
RFA as part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires that an agency
prepare a budgetary impact statement
before promulgating a rule that includes
a Federal mandate that may result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year. If a budgetary impact
statement is required, section 205 of
UMRA (2 U.S.C. 1534) also requires an
agency to identify and consider a
reasonable number of regulatory
alternatives before promulgating a rule.
However, the UMRA applies only to
rules for which an agency publishes a
general notice of proposed rulemaking.
As discussed above, HUD has
determined, for good cause, that prior
notice and public comment is not
required on this rule and, therefore, the
UMRA does not apply to this final rule.
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’‘) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial direct compliance costs on
state and local governments and is not
required by statute, or the rule preempts
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state law, unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. This
final rule will not have federalism
implications and would not impose
substantial direct compliance costs on
state and local governments or preempt
state law within the meaning of the
Executive order.
Environmental Review
This final rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern, or regulate, real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction, or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this final rule
is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
List of Subjects in 24 CFR Part 982
Grant programs—housing and
community development, Grant
programs-Indians, Indians, Public
housing, Rent subsidies, Reporting and
recordkeeping requirements.
Accordingly, for the reasons stated in
the preamble, and pursuant to the
Secretary’s authority under 42 U.S.C.
3535(d), 24 CFR part 982 is amended as
follows:
PART 982—SECTION 8 TENANTBASED ASSISTANCE: HOUSING
CHOICE VOUCHER PROGRAM
1. The authority citation for part 982
continues to read as follows:
■
Authority: 42 U.S.C. 1437f and 3535(d).
■
2. Revise § 982.1(a) to read as follows:
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§ 982.1
Programs: purpose and structure.
(a) General description. (1) In the
HUD Housing Choice Voucher (HCV)
program, HUD pays rental subsidies so
eligible families can afford decent, safe,
and sanitary housing. The HCV program
is generally administered by State or
local governmental entities called
public housing agencies (PHAs). HUD
provides housing assistance funds to the
PHA. HUD also provides funds for PHA
administration of the program.
(2) Families select and rent units that
meet program housing quality
standards. If the PHA approves a
family’s unit and tenancy, the PHA
contracts with the owner to make rent
subsidy payments on behalf of the
family. A PHA may not approve a
tenancy unless the rent is reasonable.
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(3) Subsidy in the HCV program is
based on a local ‘‘payment standard’’
that reflects the cost to lease a unit in
the local housing market. If the rent is
less than the payment standard, the
family generally pays 30 percent of
adjusted monthly income for rent. If the
rent is more than the payment standard,
the family pays a larger share of the
rent.
*
*
*
*
*
■ 3. Revise § 982.2 to read as follows:
§ 982.2
Applicability.
Part 982 contains the program
requirements for the tenant-based
housing assistance program under
Section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f). The
tenant-based program is the HCV
program.
4. Amend § 982.4 as follows:
a. Revise paragraph (a)(2); and
b. In paragraph (b), remove the
definition of ‘‘Tenant rent’’ and revise
the definitions of ‘‘Absorption’’,
‘‘Administrative plan’’, ‘‘Admission’’,
‘‘Applicant’’, ‘‘Budget authority’’,
‘‘Continuously assisted’’, ‘‘Housing
quality standards (HQS)’’, ‘‘Merger
date’’, ‘‘Program’’, ‘‘Receiving PHA’’,
and ‘‘Utility reimbursement’’.
The revisions read as follows:
■
■
■
§ 982.4
Definitions.
(a) * * *
(2) Definitions concerning family
income and rent. The terms ‘‘adjusted
income,’’ ‘‘annual income,’’ ‘‘extremely
low income family,’’ ‘‘tenant rent,’’
‘‘total tenant payment,’’ ‘‘utility
allowance,’’ ‘‘utility reimbursement,’’
and ‘‘welfare assistance’’ are defined in
part 5, subpart F of this title. The
definitions of ‘‘tenant rent’’ and ‘‘utility
reimbursement’’ in part 5, subpart F of
this title do not apply to the HCV
program under part 982.
(b) * * *
Absorption. In portability (under
subpart H of this part): the point at
which a receiving PHA stops billing the
initial PHA for assistance on behalf of
a portability family. The receiving PHA
uses funds available under the receiving
PHA consolidated ACC.
*
*
*
*
*
Administrative plan. The plan that
describes PHA policies for
administration of the HCV program. See
§ 982.54.
Admission. The point when the
family becomes a participant in the
program. The date used for this purpose
is the effective date of the first HAP
contract for a family (first day of initial
lease term) in the tenant-based program.
Applicant (applicant family). A family
that has applied for admission to the
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HCV program but is not yet a program
participant.
Budget authority. An amount
authorized and appropriated by the
Congress for payment to PHAs under
the HCV program. For each funding
increment in the program, budget
authority is the maximum amount that
may be paid by HUD to the PHA over
the ACC term of the funding increment.
*
*
*
*
*
Continuously assisted. An applicant is
continuously assisted under the 1937
Act if the family is already receiving
assistance under any 1937 Act program
when the family is admitted to the HCV
program.
*
*
*
*
*
Housing quality standards (HQS). The
HUD minimum quality standards for
housing assisted under the HCV
program. See § 982.401.
*
*
*
*
*
Merger date. October 1, 1999, which
is the effective date of the merger of the
two tenant-based programs (the housing
voucher and housing certificate
programs) into the Housing Choice
Voucher (HCV) program.
*
*
*
*
*
Program. The Section 8 HCV program
under this part.
*
*
*
*
*
Receiving PHA. In portability: A PHA
that receives a family selected for
participation in the HCV program of
another PHA. The receiving PHA issues
a voucher and provides program
assistance to the family.
*
*
*
*
*
Utility reimbursement. The portion of
the housing assistance payment which
exceeds the amount of the rent to
owner. (See § 982.514(b)).
*
*
*
*
*
■ 5. In § 982.51(b), revise the second
sentence to read as follows:
§ 982.51 PHA authority to administer
program.
*
*
*
*
*
(b) * * * The PHA must submit
additional evidence when there is a
change that affects its status as a PHA,
its authority to administer the program,
or its jurisdiction.
§ 982.53
[Amended]
6. In § 982.53(e), remove the phrase
‘‘incidents of’’ and add in its place ‘‘an
incidence of’’.
■
§ 982.54
[Amended]
7. In § 982.54, remove paragraph
(d)(19) and redesignate paragraphs
(d)(20) through (23) as paragraphs
(d)(19) through (22), respectively.
■
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§ 982.101
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations
[Amended]
8. In § 982.101(c), remove the word
‘‘HAs’’ and add in its place ‘‘PHAs’’ and
remove the parenthetical ‘‘(NOFA)’’ and
add in its place ‘‘(NOFAs)’’.
based voucher’’ and add in its place
‘‘HCV’’; and
■ e. Revise newly redesignated
paragraph (b)(2)(vi) and paragraph
(b)(3).
The revisions read as follows:
§ 982.102
§ 982.201
■
[Amended]
9. Amend § 982.102 as follows:
a. In paragraph (a), remove the phrase
‘‘part 983 of this title’’ and add in its
place ‘‘24 CFR part 983’’ and remove the
‘‘,’’ at the end of the paragraph and add
a ‘‘.’’ in its place;
■ b. In paragraph (e)(1)(i), remove the
words ‘‘PHA certificate and voucher
programs (including project-based
assistance under such programs)’’ and
add, in their place, the words ‘‘HCV
program (including project-based
assistance under such program)’’;
■ c. Redesignate the second paragraph
(e)(3)(iii) as paragraph (e)(3)(iv); and
■ d. In paragraph (f), capitalize the word
‘‘consolidated’’ in the paragraph
heading.
■
■
§ 982.103
[Amended]
10. In § 982.103(a), capitalize the
word ‘‘a’’ at the beginning of the
paragraph.
■
§ 982.151
[Amended]
11. In § 982.151(a)(2), remove the
words ‘‘PHA tenant-based assistance
program’’ and add in their place ‘‘PHA’s
HCV program’’.
■
§ 982.152
12. Amend § 982.152 as follows:
a. In paragraph (a), remove all
references to ‘‘HA’’ and add in their
place ‘‘PHA’’; and
■ b. In paragraph (b)(2), remove the
phrase ‘‘tenant-based’’ and add in its
place ‘‘HCV’’.
[Amended]
14. In § 982.161(a), remove the phrase
‘‘tenant-based programs’’ and add in its
place ‘‘HCV program’’.
■ 15. Amend § 982.201 as follows:
■ a. In the paragraph heading of
paragraph (a), add the word ‘‘In’’ before
the word ‘‘general’’;
■ b. In paragraph (b)(2)(i), remove the
phrase ‘‘tenant-based voucher’’ and add
in its place ‘‘HCV’’;
■ c. Remove paragraph (b)(2)(iv) and
redesignate paragraphs (b)(2)(v) through
(vii) as paragraphs (b)(2)(iv) through
(vi), respectively;
■ d. In newly redesignated paragraph
(b)(2)(v), remove the phrase ‘‘tenant-
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§ 982.355 Portability: Administration by
receiving PHA.
*
*
*
*
*
(c) * * *
(1) The receiving PHA does not
redetermine eligibility for a portable
family that was already receiving
assistance in the initial PHA’s HCV
program. However, for a portable family
that was not already receiving assistance
in the PHA’s HCV program, the initial
PHA must determine whether the family
is eligible for admission to the receiving
PHA’s HCV program.
*
*
*
*
*
§ 982.401
§ 982.403
§ 982.406
PHA approval of assisted
22. In § 982.403, remove paragraph (b)
and redesignate paragraph (c) as
paragraph (b).
■
[Amended]
23. In § 982.406, remove ‘‘tPHAn’’ and
add in its place ‘‘than’’.
§ 982.452
[Amended]
24. In § 982.452(b)(5)(ii), remove the
line break between ‘‘tenant
contribution’’ and ‘‘(the part of rent’’.
■ 25. Revise § 982.501 to read as
follows:
■
[Amended]
18. In § 982.311(b), remove the word
‘‘HA’’ and add in its place ‘‘PHA’’.
[Amended]
19. In § 982.315(b)(3), remove the
words ‘‘or actual’’ and add in their place
‘‘of actual’’.
■ 20. Amend § 982.355 as follows:
■ a. In paragraph (a), remove the phrase
‘‘a tenant-based’’ and add in its place
‘‘an HCV’’;
■ b. Revise paragraph (c)(1);
■ c. In paragraph (d)(1), remove the
phrase ‘‘PHA voucher’’ and add in its
place ‘‘PHA’s HCV’’ and remove the
phrase ‘‘PHA tenant-based’’ and add in
its place ‘‘PHA’s HCV’’;
■
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[Amended]
■
■
§ 982.315
[Amended]
21. Amend § 982.401 as follows:
a. In paragraph (a)(1), remove the
phrase ‘‘in the programs’’ and add in its
place ‘‘under the HCV program’’;
■ b. In paragraph (c)(1)(ii), add a period
after ‘‘e.g’’; and
■ c. In paragraph (n)(1), remove ’’ -’’
after ‘‘hearing-impaired person,’’.
■
■
16. In § 982.205(a)(1), capitalize the
word ‘‘a’’ in the first sentence following
the paragraph heading.
■ 17. Add § 982.305(b)(1)(iii) to read as
follows:
■
§ 982.311
[Amended]
■
[Amended]
*
*
*
*
(b) * * *
(1)
(iii) The PHA has approved leasing of
the unit in accordance with program
requirements.
*
*
*
*
*
13. In § 982.158(c), remove the word
‘‘tPHAt’’ and add in its place ‘‘that’’.
VerDate Sep<11>2014
§ 982.205
*
■
§ 982.161
*
*
*
*
(b) * * *
(2) * * *
(vi) If a family initially leases a unit
outside the PHA jurisdiction under
portability procedures at admission to
the HCV program, such admission shall
be counted against the targeting
obligation of the initial PHA (unless the
receiving PHA absorbs the portable
family into the receiving PHA’s HCV
program from the point of admission).
(3) The annual income (gross income)
of an applicant family is used both for
determination of income-eligibility
under paragraph (b)(1) of this section
and for targeting under paragraph
(b)(2)(i) of this section. In determining
annual income of an applicant family
that includes a person with disabilities,
the determination must include the
disallowance of increase in annual
income as provided in 24 CFR 5.617, if
applicable.
*
*
*
*
*
§ 982.305
tenancy.
[Amended]
■
■
§ 982.158
Eligibility and targeting.
*
d. In paragraph (e)(6), capitalize the
word ‘‘a’’ at the beginning of the
paragraph and remove the phrase ‘‘PHA
tenant-based’’ and add in its place
‘‘PHA’s HCV’’; and
■ e. In paragraph (e)(7), remove the
phrase ‘‘tenant-based’’ and add in its
place ‘‘HCV’’.
The revision reads as follows:
■
Frm 00008
Fmt 4700
Sfmt 4700
§ 982.501
Overview.
This subpart describes program
requirements concerning the housing
assistance payment and rent to owner
under the HCV program.
§ 982.502
■
[Removed]
26. Remove § 982.502.
§ 982.503
[Amended]
27. Amend § 982.503 as follows:
a. Remove ‘‘Voucher tenancy:’’ from
the section heading; and
■ b. Remove paragraph (c)(7).
■
■
§ 982.504
■
[Amended]
28. Amend § 982.504 as follows:
E:\FR\FM\17FER1.SGM
17FER1
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations
a. Remove ‘‘Voucher tenancy:’’ from
the section heading;
■ b. In paragraph (a) introductory text,
remove the phrase ‘‘tenant-based
assistance under the voucher program’’
and add in its place ‘‘HCV assistance’’;
■ c. In paragraph (a)(1), remove the
phrase ‘‘tenant-based voucher’’ and add
in its place ‘‘HCV’’ and remove the
phrase ‘‘§ 401.421 of this title’’ and add
in its place ‘‘24 CFR 401.421’’; and
■ d. In paragraph (a)(2), remove ‘‘tenantbased’’ and add in its place ‘‘HCV’’.
■
§ 982.505
[Amended]
29. In § 982.505, remove ‘‘Voucher
tenancy:’’ from the section heading.
■ 30. Revise § 982.516(d)(2) to read as
follows:
■
§ 982.516 Family income and composition:
Regular and interim examinations.
*
*
*
*
*
(d) * * *
(2) At the effective date of a regular or
interim reexamination, the PHA must
make appropriate adjustments in the
housing assistance payment in
accordance with § 982.505.
*
*
*
*
*
§ 982.517
[Amended]
31. In § 982.517(c)(1), capitalize the
word ‘‘a’’ at the beginning of the
paragraph and remove the word ‘‘PHAs’’
and add in its place ‘‘has’’.
■
§§ 982.518, 982.519, and 982.520
[Removed]
■
[Amended]
37. In § 982.601(c)(1), add a period
after ‘‘e.g’’.
■
§ 982.615
[Amended]
39. Revise § 982.619(b)(4) to read as
follows:
RIN 0938–AQ58
■
§ 982.619
Cooperative housing.
*
*
*
*
*
(b) * * *
(4) Adjustments are applied to the
carrying charge as determined in
accordance with this section.
*
*
*
*
*
§ 982.623
[Amended]
40. Amend § 982.623 as follows:
a. Remove paragraph (a);
■ b. Remove the heading of paragraph
(b).
■ c. Redesignate paragraphs (b)(1)
through (4) as paragraphs (a) through
(d), respectively;
■ d. In newly redesignated paragraph
(c), further redesignate paragraphs (i)
and (ii) as paragraphs (c)(1) and (2),
respectively; and
■ e. In newly redesignated paragraph
(d), further redesignate paragraphs (i)
through (iii) as paragraphs (d)(1)
through (3), respectively.
■
■
[Amended]
41. In § 982.625(g)(2), add a space
between ‘‘its’’ and ‘‘Section 8’’.
[Amended]
§ 982.627
[Amended]
[Amended]
42. In § 982.627(c)(2)(ii)(A), remove
the line break between ‘‘voucher’’ and
‘‘program’’.
34. In § 982.522(c)(2)(iii), add ‘‘may’’
before ‘‘consider whether’’.
§ 982.631
§ 982.553
■
■
[Amended]
35. In § 982.553(a)(2)(ii)(B), remove
the phrase ‘‘not to have’’ and add in its
place ‘‘not have’’.
■
§ 982.555
44. In § 982.636(c), add a period after
‘‘e.g’’.
36. Amend § 982.555 as follows:
a. In paragraph (a), add a space
between the paragraph heading and
paragraph (a)(1), capitalize the word ‘‘a’’
at the beginning of paragraph (a)(1),
remove paragraph (a)(1)(iv), and
redesignate paragraphs (a)(1)(v) and (vi)
as paragraphs (a)(1)(iv) and (v),
respectively; and
■ b. In paragraphs (b)(4), (5), (6), and (7),
capitalize the word ‘‘a’’ at the beginning
of each paragraph.
tkelley on DSK3SPTVN1PROD with RULES
■
■
16:17 Feb 13, 2015
[Amended]
■
[Amended]
VerDate Sep<11>2014
[Amended]
43. In § 982.631(c)(2)(iii), remove the
line break between ‘‘unit’’ and ‘‘unless’’.
§ 982.636
Jkt 235001
§ 982.641
[Amended]
45. In § 982.641(c)(3), in the crossreference ‘‘§ 982.353(b)(1), (2), and (3)’’,
remove ‘‘(b)(1),(2), and (3)’’.
■
Dated: February 9, 2015.
Jemine A. Bryon,
Acting Assistant Secretary for Public and
Indian Housing.
[FR Doc. 2015–03037 Filed 2–13–15; 8:45 am]
BILLING CODE 4210–67–P
PO 00000
Frm 00009
Fmt 4700
[CMS–6037–RCN]
Medicare Program; Reporting and
Returning of Overpayments; Extension
of Timeline for Publication of the Final
Rule
Centers for Medicare &
Medicaid Services (CMS).
ACTION: Extension of timeline for
publication of a final rule.
AGENCY:
This document announces the
extension of the timeline for publication
of the ‘‘Medicare Program; Reporting
and Returning of Overpayments’’ final
rule. We are issuing this notice in
accordance with the Social Security Act
(the Act) which requires notice to be
provided in the Federal Register if there
are exceptional circumstances that
cause us to publish a final rule more
than 3 years after the publication date
of the proposed rule. In this case, the
complexity of the rule and scope of
comments warrants the extension of the
timeline for publication.
DATES: As of February 17, 2015, CMS
extends by 1 year the timeline for
publication of a final rule concerning
policies and procedures for reporting
and returning overpayments to the
Medicare program for providers and
suppliers of services under Parts A and
B of title XVIII as outlined in the
proposed rule published February 16,
2012, at 77 FR 9179.
FOR FURTHER INFORMATION CONTACT: Joe
Strazzire, (410) 786–2775.
SUPPLEMENTARY INFORMATION:
SUMMARY:
■
§ 982.552
Centers for Medicare & Medicaid
Services
42 CFR Parts 401 and 405
■
33. Remove § 982.521(c).
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
38. In § 982.615(b), remove ‘‘HA’’ and
add in its place ‘‘PHA’’.
■
§ 982.625
32. Remove §§ 982.518 through
982.520.
■
§ 982.521
§ 982.601
8247
Sfmt 4700
I. Background
Section 1871(a)(3)(A) of the Social
Security Act (the Act) requires the
Secretary, in consultation with the
Director of the Office of Management
and Budget (OMB), to establish a regular
timeline for the publication of a final
rule based on the previous publication
of a proposed rule or an interim final
rule. In accordance with section
1871(a)(3)(B) of the Act, such regular
timeline may vary among different final
rules, based on the complexity of the
rule, the number and scope of the
comments received, and other relevant
factors. The timeline for publishing the
final rule, however, cannot exceed 3
years from the date of publication of the
proposed or interim final rule, unless
E:\FR\FM\17FER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Rules and Regulations]
[Pages 8243-8247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03037]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 982
[Docket No. FR-5827-F-01]
Removal of Obsolete Section 8 Rental Assistance Certificate
Program Regulations
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes from regulations obsolete references
to the Section 8 Tenant-Based Rental Assistance Certificate program
(Certificate Program). In accordance with Executive Order 13563,
``Improving Regulation and Regulatory Review,'' HUD reviewed its
regulations to identify regulations that are ``outmoded, ineffective,
insufficient or excessively burdensome.'' Following its review, HUD
determined that the
[[Page 8244]]
Certificate Program regulations are obsolete and unnecessary because
they govern a program that has been consolidated into another program,
the Housing Choice Voucher (HCV) program. This rule also makes minor
editorial corrections to the regulations.
DATES: Effective date: March 19, 2015.
FOR FURTHER INFORMATION CONTACT: For questions, please contact Jennifer
Lavorel at 202-402-2515 (the number is not toll-free). Persons with
hearing or speech impairments may access this number through TTY by
calling the toll-free Federal Relay Service at 800-877-8339. She may
also be reached via postal mail at the following address: Department of
Housing and Urban Development, 451 7th Street SW., Washington, DC
20410.
SUPPLEMENTARY INFORMATION:
I. Background
On January 18, 2011, President Obama issued Executive Order 13563,
``Improving Regulation and Regulatory Review.'' \1\ The Executive Order
directs heads of Federal departments and agencies to review all
existing regulations to eliminate those that are outdated and modify
others to increase flexibility and reduce burden. As a part of HUD's
overall effort to reduce regulatory burden and streamline the content
of title 24 of the Code of Federal Regulations (CFR), this rule removes
obsolete references to the Certificate Program, which has long been
merged with the HCV program.
---------------------------------------------------------------------------
\1\ The Executive Order was subsequently published in the
Federal Register on January 21, 2011, at 76 FR 3821.
---------------------------------------------------------------------------
In the HCV program (and also formerly in the Certificate Program),
HUD pays rental subsidies so eligible families can afford decent, safe,
and sanitary housing. HUD provides housing assistance funds to public
housing agencies (PHAs) that administer the program. Eligible families
select and rent units that meet program housing quality standards. The
PHA contracts with the owner of the housing to make rent subsidy
payments on behalf of the family.
The Certificate Program was first created by the Housing and
Community Development Act of 1974,\2\ which amended section 8 of the
United States Housing Act of 1937 (1937 Act).\3\ Building on the
success of the Certificate Program, Congress authorized a new rental
voucher demonstration program in 1984, by adding a new section 8(o) to
the 1937 Act, as part of the Supplemental Appropriations Act, 1984.\4\
The rental voucher program was similar to the Certificate Program but
provided families with more options in housing selection. The rental
voucher program was made permanent by the Housing and Community
Development Act of 1987.\5\
---------------------------------------------------------------------------
\2\ Public Law 93-383, approved August 22, 1974.
\3\ 42 U.S.C. 1437f.
\4\ Public Law 98-181, approved November 30, 1983.
\5\ Public Law 100-242, approved February 5, 1988.
---------------------------------------------------------------------------
HUD published a series of regulatory changes in the 1990s to align
the two programs as closely as possible, given the statutory framework
of each program. The Quality Housing and Work Responsibility Act of
1998 (QHWRA) \6\ amended section 8 of the 1937 Act to fully merge the
Certificate and rental voucher programs and eliminated all differences
between the two. On May 14, 1999,\7\ HUD published an interim rule
implementing the merger of the two programs into the new HCV program.
The interim rule was followed by publication of an October 21, 1999,
final rule.\8\ In accordance with the regulations implementing the
merger, the Certificate Program was phased out by October 2001.
---------------------------------------------------------------------------
\6\ Title V of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1999 (Pub. L. 105-276, approved October 21, 1998).
\7\ 64 FR 26632.
\8\ 64 FR 56894.
---------------------------------------------------------------------------
The removal of obsolete references to the Certificate Program from
24 CFR will eliminate any misunderstanding that the Certificate Program
is an active program. No new assistance is being provided under this
program. To the extent that any Project-Based Certificate Program
contracts remain in effect, they are now governed by the regulations in
24 CFR 983.10, entitled ``Project-based certificate (PBC) program''.
In addition to eliminating obsolete regulatory provisions in 24 CFR
part, this rule makes certain minor editorial corrections to the
regulations in 24 CFR part 982. For example, in certain places, the
regulations refer to PHAs as PHAs but in other places the regulations
refer to PHAs as housing authorities or HAs. HUD revised the
regulations to consistently use the terms PHA or PHAs throughout.
Similarly, the rule revises the part 982 regulations to refer to the
tenant-based voucher program as the HCV program.
II. Justification for Final Rulemaking
In accordance with 24 CFR part 10, it is the practice of HUD to
offer interested parties the opportunity to comment on proposed
regulations. Part 10, consistent with 5 U.S.C. 553(b), provides for
exceptions to the general rule if an agency, for good cause, finds that
``notice and public procedure thereon are impracticable, unnecessary,
or contrary to the public interest.'' (See 24 CFR 10.1.)
The removal of these regulations from 24 CFR does not establish or
affect substantive policy. This final rule removes obsolete and
unnecessary regulatory provisions for a program that is no longer being
funded and makes non-substantive editorial corrections. Therefore, HUD
finds that public notice and comment are unnecessary and contrary to
the public interest.
III. Findings and Certifications
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because HUD has determined that good cause exists to issue this rule
without prior public comment, this rule is not subject to the
requirement to publish an initial or final regulatory flexibility
analysis under the RFA as part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires that an agency prepare a budgetary impact
statement before promulgating a rule that includes a Federal mandate
that may result in the expenditure by state, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year. If a budgetary impact statement is
required, section 205 of UMRA (2 U.S.C. 1534) also requires an agency
to identify and consider a reasonable number of regulatory alternatives
before promulgating a rule. However, the UMRA applies only to rules for
which an agency publishes a general notice of proposed rulemaking. As
discussed above, HUD has determined, for good cause, that prior notice
and public comment is not required on this rule and, therefore, the
UMRA does not apply to this final rule.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism''`) prohibits an
agency from publishing any rule that has federalism implications if the
rule either imposes substantial direct compliance costs on state and
local governments and is not required by statute, or the rule preempts
[[Page 8245]]
state law, unless the agency meets the consultation and funding
requirements of section 6 of the Executive Order. This final rule will
not have federalism implications and would not impose substantial
direct compliance costs on state and local governments or preempt state
law within the meaning of the Executive order.
Environmental Review
This final rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern, or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
final rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
List of Subjects in 24 CFR Part 982
Grant programs--housing and community development, Grant programs-
Indians, Indians, Public housing, Rent subsidies, Reporting and
recordkeeping requirements.
Accordingly, for the reasons stated in the preamble, and pursuant
to the Secretary's authority under 42 U.S.C. 3535(d), 24 CFR part 982
is amended as follows:
PART 982--SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER
PROGRAM
0
1. The authority citation for part 982 continues to read as follows:
Authority: 42 U.S.C. 1437f and 3535(d).
0
2. Revise Sec. 982.1(a) to read as follows:
Sec. 982.1 Programs: purpose and structure.
(a) General description. (1) In the HUD Housing Choice Voucher
(HCV) program, HUD pays rental subsidies so eligible families can
afford decent, safe, and sanitary housing. The HCV program is generally
administered by State or local governmental entities called public
housing agencies (PHAs). HUD provides housing assistance funds to the
PHA. HUD also provides funds for PHA administration of the program.
(2) Families select and rent units that meet program housing
quality standards. If the PHA approves a family's unit and tenancy, the
PHA contracts with the owner to make rent subsidy payments on behalf of
the family. A PHA may not approve a tenancy unless the rent is
reasonable.
(3) Subsidy in the HCV program is based on a local ``payment
standard'' that reflects the cost to lease a unit in the local housing
market. If the rent is less than the payment standard, the family
generally pays 30 percent of adjusted monthly income for rent. If the
rent is more than the payment standard, the family pays a larger share
of the rent.
* * * * *
0
3. Revise Sec. 982.2 to read as follows:
Sec. 982.2 Applicability.
Part 982 contains the program requirements for the tenant-based
housing assistance program under Section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f). The tenant-based program is the HCV
program.
0
4. Amend Sec. 982.4 as follows:
0
a. Revise paragraph (a)(2); and
0
b. In paragraph (b), remove the definition of ``Tenant rent'' and
revise the definitions of ``Absorption'', ``Administrative plan'',
``Admission'', ``Applicant'', ``Budget authority'', ``Continuously
assisted'', ``Housing quality standards (HQS)'', ``Merger date'',
``Program'', ``Receiving PHA'', and ``Utility reimbursement''.
The revisions read as follows:
Sec. 982.4 Definitions.
(a) * * *
(2) Definitions concerning family income and rent. The terms
``adjusted income,'' ``annual income,'' ``extremely low income
family,'' ``tenant rent,'' ``total tenant payment,'' ``utility
allowance,'' ``utility reimbursement,'' and ``welfare assistance'' are
defined in part 5, subpart F of this title. The definitions of ``tenant
rent'' and ``utility reimbursement'' in part 5, subpart F of this title
do not apply to the HCV program under part 982.
(b) * * *
Absorption. In portability (under subpart H of this part): the
point at which a receiving PHA stops billing the initial PHA for
assistance on behalf of a portability family. The receiving PHA uses
funds available under the receiving PHA consolidated ACC.
* * * * *
Administrative plan. The plan that describes PHA policies for
administration of the HCV program. See Sec. 982.54.
Admission. The point when the family becomes a participant in the
program. The date used for this purpose is the effective date of the
first HAP contract for a family (first day of initial lease term) in
the tenant-based program.
Applicant (applicant family). A family that has applied for
admission to the HCV program but is not yet a program participant.
Budget authority. An amount authorized and appropriated by the
Congress for payment to PHAs under the HCV program. For each funding
increment in the program, budget authority is the maximum amount that
may be paid by HUD to the PHA over the ACC term of the funding
increment.
* * * * *
Continuously assisted. An applicant is continuously assisted under
the 1937 Act if the family is already receiving assistance under any
1937 Act program when the family is admitted to the HCV program.
* * * * *
Housing quality standards (HQS). The HUD minimum quality standards
for housing assisted under the HCV program. See Sec. 982.401.
* * * * *
Merger date. October 1, 1999, which is the effective date of the
merger of the two tenant-based programs (the housing voucher and
housing certificate programs) into the Housing Choice Voucher (HCV)
program.
* * * * *
Program. The Section 8 HCV program under this part.
* * * * *
Receiving PHA. In portability: A PHA that receives a family
selected for participation in the HCV program of another PHA. The
receiving PHA issues a voucher and provides program assistance to the
family.
* * * * *
Utility reimbursement. The portion of the housing assistance
payment which exceeds the amount of the rent to owner. (See Sec.
982.514(b)).
* * * * *
0
5. In Sec. 982.51(b), revise the second sentence to read as follows:
Sec. 982.51 PHA authority to administer program.
* * * * *
(b) * * * The PHA must submit additional evidence when there is a
change that affects its status as a PHA, its authority to administer
the program, or its jurisdiction.
Sec. 982.53 [Amended]
0
6. In Sec. 982.53(e), remove the phrase ``incidents of'' and add in
its place ``an incidence of''.
Sec. 982.54 [Amended]
0
7. In Sec. 982.54, remove paragraph (d)(19) and redesignate paragraphs
(d)(20) through (23) as paragraphs (d)(19) through (22), respectively.
[[Page 8246]]
Sec. 982.101 [Amended]
0
8. In Sec. 982.101(c), remove the word ``HAs'' and add in its place
``PHAs'' and remove the parenthetical ``(NOFA)'' and add in its place
``(NOFAs)''.
Sec. 982.102 [Amended]
0
9. Amend Sec. 982.102 as follows:
0
a. In paragraph (a), remove the phrase ``part 983 of this title'' and
add in its place ``24 CFR part 983'' and remove the ``,'' at the end of
the paragraph and add a ``.'' in its place;
0
b. In paragraph (e)(1)(i), remove the words ``PHA certificate and
voucher programs (including project-based assistance under such
programs)'' and add, in their place, the words ``HCV program (including
project-based assistance under such program)'';
0
c. Redesignate the second paragraph (e)(3)(iii) as paragraph
(e)(3)(iv); and
0
d. In paragraph (f), capitalize the word ``consolidated'' in the
paragraph heading.
Sec. 982.103 [Amended]
0
10. In Sec. 982.103(a), capitalize the word ``a'' at the beginning of
the paragraph.
Sec. 982.151 [Amended]
0
11. In Sec. 982.151(a)(2), remove the words ``PHA tenant-based
assistance program'' and add in their place ``PHA's HCV program''.
Sec. 982.152 [Amended]
0
12. Amend Sec. 982.152 as follows:
0
a. In paragraph (a), remove all references to ``HA'' and add in their
place ``PHA''; and
0
b. In paragraph (b)(2), remove the phrase ``tenant-based'' and add in
its place ``HCV''.
Sec. 982.158 [Amended]
0
13. In Sec. 982.158(c), remove the word ``tPHAt'' and add in its place
``that''.
Sec. 982.161 [Amended]
0
14. In Sec. 982.161(a), remove the phrase ``tenant-based programs''
and add in its place ``HCV program''.
0
15. Amend Sec. 982.201 as follows:
0
a. In the paragraph heading of paragraph (a), add the word ``In''
before the word ``general'';
0
b. In paragraph (b)(2)(i), remove the phrase ``tenant-based voucher''
and add in its place ``HCV'';
0
c. Remove paragraph (b)(2)(iv) and redesignate paragraphs (b)(2)(v)
through (vii) as paragraphs (b)(2)(iv) through (vi), respectively;
0
d. In newly redesignated paragraph (b)(2)(v), remove the phrase
``tenant-based voucher'' and add in its place ``HCV''; and
0
e. Revise newly redesignated paragraph (b)(2)(vi) and paragraph (b)(3).
The revisions read as follows:
Sec. 982.201 Eligibility and targeting.
* * * * *
(b) * * *
(2) * * *
(vi) If a family initially leases a unit outside the PHA
jurisdiction under portability procedures at admission to the HCV
program, such admission shall be counted against the targeting
obligation of the initial PHA (unless the receiving PHA absorbs the
portable family into the receiving PHA's HCV program from the point of
admission).
(3) The annual income (gross income) of an applicant family is used
both for determination of income-eligibility under paragraph (b)(1) of
this section and for targeting under paragraph (b)(2)(i) of this
section. In determining annual income of an applicant family that
includes a person with disabilities, the determination must include the
disallowance of increase in annual income as provided in 24 CFR 5.617,
if applicable.
* * * * *
Sec. 982.205 [Amended]
0
16. In Sec. 982.205(a)(1), capitalize the word ``a'' in the first
sentence following the paragraph heading.
0
17. Add Sec. 982.305(b)(1)(iii) to read as follows:
Sec. 982.305 PHA approval of assisted tenancy.
* * * * *
(b) * * *
(1)
(iii) The PHA has approved leasing of the unit in accordance with
program requirements.
* * * * *
Sec. 982.311 [Amended]
0
18. In Sec. 982.311(b), remove the word ``HA'' and add in its place
``PHA''.
Sec. 982.315 [Amended]
0
19. In Sec. 982.315(b)(3), remove the words ``or actual'' and add in
their place ``of actual''.
0
20. Amend Sec. 982.355 as follows:
0
a. In paragraph (a), remove the phrase ``a tenant-based'' and add in
its place ``an HCV'';
0
b. Revise paragraph (c)(1);
0
c. In paragraph (d)(1), remove the phrase ``PHA voucher'' and add in
its place ``PHA's HCV'' and remove the phrase ``PHA tenant-based'' and
add in its place ``PHA's HCV'';
0
d. In paragraph (e)(6), capitalize the word ``a'' at the beginning of
the paragraph and remove the phrase ``PHA tenant-based'' and add in its
place ``PHA's HCV''; and
0
e. In paragraph (e)(7), remove the phrase ``tenant-based'' and add in
its place ``HCV''.
The revision reads as follows:
Sec. 982.355 Portability: Administration by receiving PHA.
* * * * *
(c) * * *
(1) The receiving PHA does not redetermine eligibility for a
portable family that was already receiving assistance in the initial
PHA's HCV program. However, for a portable family that was not already
receiving assistance in the PHA's HCV program, the initial PHA must
determine whether the family is eligible for admission to the receiving
PHA's HCV program.
* * * * *
Sec. 982.401 [Amended]
0
21. Amend Sec. 982.401 as follows:
0
a. In paragraph (a)(1), remove the phrase ``in the programs'' and add
in its place ``under the HCV program'';
0
b. In paragraph (c)(1)(ii), add a period after ``e.g''; and
0
c. In paragraph (n)(1), remove '' -'' after ``hearing-impaired
person,''.
Sec. 982.403 [Amended]
0
22. In Sec. 982.403, remove paragraph (b) and redesignate paragraph
(c) as paragraph (b).
Sec. 982.406 [Amended]
0
23. In Sec. 982.406, remove ``tPHAn'' and add in its place ``than''.
Sec. 982.452 [Amended]
0
24. In Sec. 982.452(b)(5)(ii), remove the line break between ``tenant
contribution'' and ``(the part of rent''.
0
25. Revise Sec. 982.501 to read as follows:
Sec. 982.501 Overview.
This subpart describes program requirements concerning the housing
assistance payment and rent to owner under the HCV program.
Sec. 982.502 [Removed]
0
26. Remove Sec. 982.502.
Sec. 982.503 [Amended]
0
27. Amend Sec. 982.503 as follows:
0
a. Remove ``Voucher tenancy:'' from the section heading; and
0
b. Remove paragraph (c)(7).
Sec. 982.504 [Amended]
0
28. Amend Sec. 982.504 as follows:
[[Page 8247]]
0
a. Remove ``Voucher tenancy:'' from the section heading;
0
b. In paragraph (a) introductory text, remove the phrase ``tenant-based
assistance under the voucher program'' and add in its place ``HCV
assistance'';
0
c. In paragraph (a)(1), remove the phrase ``tenant-based voucher'' and
add in its place ``HCV'' and remove the phrase ``Sec. 401.421 of this
title'' and add in its place ``24 CFR 401.421''; and
0
d. In paragraph (a)(2), remove ``tenant-based'' and add in its place
``HCV''.
Sec. 982.505 [Amended]
0
29. In Sec. 982.505, remove ``Voucher tenancy:'' from the section
heading.
0
30. Revise Sec. 982.516(d)(2) to read as follows:
Sec. 982.516 Family income and composition: Regular and interim
examinations.
* * * * *
(d) * * *
(2) At the effective date of a regular or interim reexamination,
the PHA must make appropriate adjustments in the housing assistance
payment in accordance with Sec. 982.505.
* * * * *
Sec. 982.517 [Amended]
0
31. In Sec. 982.517(c)(1), capitalize the word ``a'' at the beginning
of the paragraph and remove the word ``PHAs'' and add in its place
``has''.
Sec. Sec. 982.518, 982.519, and 982.520 [Removed]
0
32. Remove Sec. Sec. 982.518 through 982.520.
Sec. 982.521 [Amended]
0
33. Remove Sec. 982.521(c).
Sec. 982.552 [Amended]
0
34. In Sec. 982.522(c)(2)(iii), add ``may'' before ``consider
whether''.
Sec. 982.553 [Amended]
0
35. In Sec. 982.553(a)(2)(ii)(B), remove the phrase ``not to have''
and add in its place ``not have''.
Sec. 982.555 [Amended]
0
36. Amend Sec. 982.555 as follows:
0
a. In paragraph (a), add a space between the paragraph heading and
paragraph (a)(1), capitalize the word ``a'' at the beginning of
paragraph (a)(1), remove paragraph (a)(1)(iv), and redesignate
paragraphs (a)(1)(v) and (vi) as paragraphs (a)(1)(iv) and (v),
respectively; and
0
b. In paragraphs (b)(4), (5), (6), and (7), capitalize the word ``a''
at the beginning of each paragraph.
Sec. 982.601 [Amended]
0
37. In Sec. 982.601(c)(1), add a period after ``e.g''.
Sec. 982.615 [Amended]
0
38. In Sec. 982.615(b), remove ``HA'' and add in its place ``PHA''.
0
39. Revise Sec. 982.619(b)(4) to read as follows:
Sec. 982.619 Cooperative housing.
* * * * *
(b) * * *
(4) Adjustments are applied to the carrying charge as determined in
accordance with this section.
* * * * *
Sec. 982.623 [Amended]
0
40. Amend Sec. 982.623 as follows:
0
a. Remove paragraph (a);
0
b. Remove the heading of paragraph (b).
0
c. Redesignate paragraphs (b)(1) through (4) as paragraphs (a) through
(d), respectively;
0
d. In newly redesignated paragraph (c), further redesignate paragraphs
(i) and (ii) as paragraphs (c)(1) and (2), respectively; and
0
e. In newly redesignated paragraph (d), further redesignate paragraphs
(i) through (iii) as paragraphs (d)(1) through (3), respectively.
Sec. 982.625 [Amended]
0
41. In Sec. 982.625(g)(2), add a space between ``its'' and ``Section
8''.
Sec. 982.627 [Amended]
0
42. In Sec. 982.627(c)(2)(ii)(A), remove the line break between
``voucher'' and ``program''.
Sec. 982.631 [Amended]
0
43. In Sec. 982.631(c)(2)(iii), remove the line break between ``unit''
and ``unless''.
Sec. 982.636 [Amended]
0
44. In Sec. 982.636(c), add a period after ``e.g''.
Sec. 982.641 [Amended]
0
45. In Sec. 982.641(c)(3), in the cross-reference ``Sec.
982.353(b)(1), (2), and (3)'', remove ``(b)(1),(2), and (3)''.
Dated: February 9, 2015.
Jemine A. Bryon,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 2015-03037 Filed 2-13-15; 8:45 am]
BILLING CODE 4210-67-P
