Strengthening Oversight of Over-Income Tenancy in Public Housing; Advance Notice of Proposed Rulemaking, 5677-5679 [2016-01921]
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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Availability and Summary of
Documents Proposed for Incorporation
by Reference
This document would amend FAA
Order 7400.9Z, Airspace Designations
and Reporting Points, dated August 6,
2015, and effective September 15, 2015.
FAA Order 7400.9Z is publicly available
as listed in the ADDRESSES section of this
document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://www.faa.
gov/airports_airtraffic/air_traffic/
publications/airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except Federal holidays. An informal
docket may also be examined during
normal business hours at the Central
Service Center, Operation Support
Group, 10101 Hillwood Parkway, Fort
Worth, TX 76177.
Persons interested in being placed on
a mailing list for future NPRMs should
contact the FAA’s Office of Rulemaking
(202) 267–9677, to request a copy of
Advisory Circular No. 11–2A, Notice of
Proposed Rulemaking Distribution
System, which describes the application
procedure.
List of Subjects in 14 CFR Part 71
The Proposal
The FAA is proposing an amendment
to Title 14, Code of Federal Regulations
(14 CFR) Part 71 by establishing Class E
airspace extending upward from 700
feet above the surface within an 7.5-mile
radius of Moriarty Airport, Moriarty,
NM, to accommodate new standard
instrument approach procedures.
Controlled airspace is needed for the
safety and management of IFR
operations at the airport.
Class E airspace designations are
published in Section 6005 of FAA Order
7400.9Z, dated August 6, 2015, and
effective September 15, 2015, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
VerDate Sep<11>2014
17:55 Feb 02, 2016
Jkt 238001
Environmental Review
Airspace, Incorporation by reference,
Navigation (air)
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, dated August 6, 2015, and
effective September 15, 2015, is
amended as follows:
■
Section 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ASW NM E5 Moriarty, NM [New]
Moriarty Airport, NM
(Lat. 34°58′41″ N., long. 106°00′00″ W.)
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
That airspace extending upward from 700
feet above the surface within a 7.5-mile
radius of Moriarty Airport.
Issued in Fort Worth, TX, on January 20,
2015.
Christopher L. Southerland,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2016–01877 Filed 2–2–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 960
[Docket No. FR–5904–A–01]
Strengthening Oversight of OverIncome Tenancy in Public Housing;
Advance Notice of Proposed
Rulemaking
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Advanced notice of proposed
rulemaking (ANPR).
AGENCY:
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
§ 71.1
5677
Through this notice, HUD
announces that it is considering
rulemaking to ensure that individuals
and families residing in HUD public
housing in fact continue to need
housing assistance from HUD after
admission. HUD’s consideration of
rulemaking is prompted by a report
recently issued by HUD’s Office of
Inspector General (OIG). The report
found, through comparison of annual
household income reported in HUD’s
Public and Housing Information Center
for approximately 1.1 million families to
the applicable 2014 admission income
limit, that as many as 25,226 families
were subsequently over-income. Some
of those families significantly exceeded
the income limits. HUD seeks comment
from PHAs and other interested parties
and members of the public on the
questions presented in this notice,
including how HUD can structure
policies to reduce the number of
individuals and families in public
housing whose incomes significantly
exceed the income limit and have
significantly exceeded the income limit
for a sustained period of time after
initial admission.
DATES: Comments Due Date: March 4,
2016.
SUMMARY:
Interested persons are
invited to submit comments to the
Office of the General Counsel,
Regulations Division, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500.
ADDRESSES:
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5678
Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules
Communications should refer to the
above docket number and title and
should contain the information
specified in the ‘‘Request for
Comments’’ section. There are two
methods for submitting public
comments.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500. Due to
security measures at all federal agencies,
however, submission of comments by
mail often results in delayed delivery.
To ensure timely receipt of comments,
HUD recommends that comments
submitted by mail be submitted at least
two weeks in advance of the public
comment deadline.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make comments immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
Commenters should follow instructions
provided on that site to submit
comments electronically.
Note: To receive consideration as
public comments, comments must be
submitted using one of the two methods
specified above. Again, all submissions
must refer to the docket number and
title of the notice.
No Facsimile Comments. Facsimile
(fax) comments are not acceptable.
Public Inspection of Comments. All
comments and communications
submitted to HUD will be available, for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
Copies of all comments submitted are
available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Todd Thomas, Office of Public and
Indian Housing, Department of Housing
VerDate Sep<11>2014
17:55 Feb 02, 2016
Jkt 238001
and Urban Development, 451 7th Street
SW., Room 4100, Washington DC
20410–4000; telephone number (678)
732–2056 (this is not a toll-free
number). Persons with hearing or
speech impairments may contact this
number via TTY by calling the toll-free
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
The United States Housing Act of
1937 (42 U.S.C. 1437 et. seq.) (1937
Act), which is the primary statute that
governs public housing and its
administration by HUD and PHAs,
provides that public housing dwelling
units shall be rented only to families
who are low-income families at the time
of their initial occupancy of such units.
In accordance with the 1937 Act, and
HUD regulations and policies, PHAs
must undertake periodic reviews of
family income. The 1937 Act does not
require eviction or termination of
tenancy of families whose income
exceeds the income limits while
residing in public housing. See 42
U.S.C. 1437a. HUD’s regulations at 24
CFR part 960, which govern public
housing admissions, reflect this
statutory framework.
The parameters for income limits that
determine initial eligibility for public
housing are developed by HUD and
outlined in 24 CFR part 5, subpart F. In
general, HUD sets the low-income limit
at 80 percent and very low-income limit
at 50 percent of the median income for
the county or metropolitan area in
which the household resides. Income
limits vary from area to area and may be
adjusted based on local market
conditions.1 Annual income is the
anticipated total income from all
sources received from the family head
and spouse, and each additional
member of the family 18 years of age or
older. An individual’s or family’s rent is
referred to as the Total Tenant Payment
(TTP) and is based on a family’s
anticipated annual income less
deductions, if any, or the applicable flat
rent.
On July 21, 2015, HUD’s OIG issued
an audit report that presented the
results of OIG’s review of the number of
families residing in HUD public housing
whose income exceed the current
income limits used in determining
eligibility for such housing, several of
whom significantly exceeded the
income limits. The families identified
by HUD OIG met the income limits at
the time of admission to public housing
1 2015 Income Limit Documentation https://www.
huduser.gov/portal/datasets/il/il15/HUD_sec8_
15.pdf.
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
but their income now exceeds such
income limits. Currently, the regulations
do not prohibit a family from continued
occupancy when their income rises
above the limit for initial admission. An
increase in income is a good and
welcomed event for families, and when
a family’s income steadily rises, it may
be an indication that the family is on its
way to self-sufficiency. However, an
increase in income may be minimal or
temporary, and a minimal or temporary
rise in income should not be the basis
for termination of public housing
assistance. This ANPR solicits comment
on how to structure policies to reduce
the number of individuals and families
whose incomes significantly exceed the
income limit and have significantly
exceeded the income limit for a
sustained period of time after initial
admission.
HUD takes seriously its obligation to
provide clean, safe affordable housing to
the neediest population. The Public
Housing program is an essential
resource for some of the nation’s most
vulnerable families. HUD strongly
supports the efforts of PHAs to further
the goals of providing quality affordable
housing to eligible families in a manner
that moves families toward increased
and sustained self-sufficiency. At the
same time, scarce public resources must
be provided to those most in need of
affordable housing. Any changes that
would require the termination of
tenancy for over-income families should
be enacted with caution so as not to
impede a family’s progress towards selfsufficiency.
In a final rule published on November
26, 2004, at 69 FR 68786, HUD gave
PHAs the authority to terminate the
tenancy of or evict over-income
residents. See 24 CFR 960.261. The final
rule did not require PHAs to take action
to evict over-income residents but
provides PHAs with discretion to
implement such policies and thereby
make units available to applicants who
are income eligible. The final rule noted
that the 1937 Act did not require
eviction and the purpose of rulemaking
was to clarify that the absence of such
a statutory requirement did not prohibit
PHAs from terminating the tenancy of
over-income families. The preamble to
the rule stated that PHAs may decide
that an over-income family is able to
find other housing, and that the family’s
public housing unit could be made
available to a family with greater
housing need. The rule included
discussion of the many factors that
could be considered in developing these
policies, including local market
conditions, community stability, the
source and duration of increased
E:\FR\FM\03FEP1.SGM
03FEP1
Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS
income, and whether the resident was
elderly or disabled.
HUD is considering revising HUD’s
regulations at 24 CFR 960.261
(Restriction on eviction of families
based on income) in a manner that
would continue to give PHAs discretion
on when to evict or terminate the
tenancies of over-income families but
narrow that discretion by providing
circumstances that would require a PHA
to terminate tenancy or evict an overincome family. Specifically, HUD is
considering whether a family whose
income significantly exceeds the income
limit and has exceeded such limit for a
sustained period of time must be
notified by the PHA that the family will
be evicted or tenancy terminated. HUD
is also considering what a reasonable
period of time to find alternative
housing would be.
HUD is not considering whether to
alter the existing statutorily based
exceptions to eviction or termination of
tenancy related to income limits.
Specifically, a family over the income
limits who has a valid contract for
participation in a Family SelfSufficiency (FSS) program administered
under HUD regulations in 24 CFR part
984 would not be subject to eviction or
termination of tenancy. Additionally, a
PHA may not evict a family over the
income limits if the family is currently
receiving the earned income
disallowance authorized by the 1937
Act (See 42 U.S.C. 1473a(d)) and
implemented through HUD regulations
in 24 CFR 960.255 and 24 CFR
960.261(b).
II. Request for Comments
In a letter provided to PHAs on
September 3, 2015, HUD strongly
recommended that PHAs adopt local
over-income policies while considering
many factors, including, but not limited
to how over-income is defined, income
stability, length of time to provide a
safety net for fluctuating incomes,
preference for return and hardship
policies.2 In anticipation of a proposed
rulemaking, HUD specifically solicits
comment on the following issues:
1. How should HUD define income
that ‘‘significantly’’ exceeds the income
limit for public housing residency?
Should such higher amount be
determined by dollar amount, by a
percentage, or as a function of the
current income limit, and what should
the amount be?
2. Should area cost of living and
family finances be taken into
2 This letter can be found at https://portal.hud.gov/
hudportal/HUD?src=/program_offices/public_
indian_housing/programs/ph.
VerDate Sep<11>2014
17:55 Feb 02, 2016
Jkt 238001
consideration when determining
whether an individual or family no
longer needs public housing assistance?
Are there limits to the circumstances in
which said data should be requested
and applied in a determination?
3. What period of time in which an
individual or family has had income
that significantly exceeds the income
limits should be determined as
indicative that the individual or family
no longer needs public housing
assistance?
4. How should local housing market
conditions or housing authority wait list
data be considered?
5. What period of time should be
allowed for an individual or family to
find alternative housing?
6. Are there exceptions to eviction or
termination of tenancy that HUD should
consider beyond those listed in HUD’s
regulation in 24 CFR 960.261?
7. Should HUD allow over-income
individuals or families to remain in
public housing, while paying
unsubsidized or fair market, rent? How
would such a provision impact PHA
operations and finances?
8. Should HUD require a local appeals
process for individuals or families
deemed over-income?
9. Where over-income policies have
been implemented, what were the
results to public housing residents and
PHAs? What were the specific positive
and negative impacts?
10. What financial impact would
over-income policies have on PHA
operations, and how can any negative
impacts be mitigated?
11. What are the potential costs and
benefits to public housing residents and
PHAs that could result from the forcible
eviction of public housing tenants?
12. What evidence currently exists in
favor of or against the adoption of this
type of policy?
It is the responsibility of HUD and
PHAs to ensure that public housing
units are available to those who need
HUD assistance. All comments directed
to steps that HUD and PHAs can take to
ensure availability of public housing
units for individuals and families
meeting the income limits are welcome.
Dated: January 25, 2016.
´
Lourdes Castro Ramırez,
Principal Deputy Assistant Secretary for
Public and Indian Housing.
[FR Doc. 2016–01921 Filed 2–2–16; 8:45 am]
BILLING CODE 4210–67–P
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Frm 00051
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5679
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–1011]
RIN 1625–AA09
Drawbridge Operation Regulation;
Broad Creek, Laurel, DE
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedule that
governs the Norfolk Southern Railroad
Bridge over Broad Creek, mile 8.0, at
Laurel, DE. This proposed rule will
change the current regulation requiring
a four-hour advance notice and allow
the bridge to remain in the closed
position for the passage of vessels.
DATES: Comments and related material
must reach the Coast Guard on or before
March 21, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–1011 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or email Mrs. Jessica Shea,
Fifth Coast Guard District (dpb), at (757)
398–6422, email jessica.c.shea2@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The current operating schedule for the
bridge is set out in 33 CFR 117.233 (a)
issued September 11, 2006. As outlined
in this regulation, the Norfolk Southern
Railroad Bridge shall open on signal if
at least four hours notice is given. The
Fifth Coast Guard District Commander
received a request from the bridge
owner in July 2015 to consider making
a permanent change to the operating
regulation for the Norfolk Southern
Railroad Bridge per 33 CFR 117.8(a).
E:\FR\FM\03FEP1.SGM
03FEP1
]]>Agencies
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Proposed Rules]
[Pages 5677-5679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01921]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 960
[Docket No. FR-5904-A-01]
Strengthening Oversight of Over-Income Tenancy in Public Housing;
Advance Notice of Proposed Rulemaking
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Advanced notice of proposed rulemaking (ANPR).
-----------------------------------------------------------------------
SUMMARY: Through this notice, HUD announces that it is considering
rulemaking to ensure that individuals and families residing in HUD
public housing in fact continue to need housing assistance from HUD
after admission. HUD's consideration of rulemaking is prompted by a
report recently issued by HUD's Office of Inspector General (OIG). The
report found, through comparison of annual household income reported in
HUD's Public and Housing Information Center for approximately 1.1
million families to the applicable 2014 admission income limit, that as
many as 25,226 families were subsequently over-income. Some of those
families significantly exceeded the income limits. HUD seeks comment
from PHAs and other interested parties and members of the public on the
questions presented in this notice, including how HUD can structure
policies to reduce the number of individuals and families in public
housing whose incomes significantly exceed the income limit and have
significantly exceeded the income limit for a sustained period of time
after initial admission.
DATES: Comments Due Date: March 4, 2016.
ADDRESSES: Interested persons are invited to submit comments to the
Office of the General Counsel, Regulations Division, Department of
Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
[[Page 5678]]
Communications should refer to the above docket number and title and
should contain the information specified in the ``Request for
Comments'' section. There are two methods for submitting public
comments.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500. Due to security measures at all federal
agencies, however, submission of comments by mail often results in
delayed delivery. To ensure timely receipt of comments, HUD recommends
that comments submitted by mail be submitted at least two weeks in
advance of the public comment deadline.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make comments
immediately available to the public. Comments submitted electronically
through the https://www.regulations.gov Web site can be viewed by other
commenters and interested members of the public. Commenters should
follow instructions provided on that site to submit comments
electronically.
Note: To receive consideration as public comments, comments must be
submitted using one of the two methods specified above. Again, all
submissions must refer to the docket number and title of the notice.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Comments. All comments and communications
submitted to HUD will be available, for public inspection and copying
between 8 a.m. and 5 p.m. weekdays at the above address. Due to
security measures at the HUD Headquarters building, an advance
appointment to review the public comments must be scheduled by calling
the Regulations Division at (202) 708-3055 (this is not a toll-free
number). Copies of all comments submitted are available for inspection
and downloading at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Todd Thomas, Office of Public and
Indian Housing, Department of Housing and Urban Development, 451 7th
Street SW., Room 4100, Washington DC 20410-4000; telephone number (678)
732-2056 (this is not a toll-free number). Persons with hearing or
speech impairments may contact this number via TTY by calling the toll-
free Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The United States Housing Act of 1937 (42 U.S.C. 1437 et. seq.)
(1937 Act), which is the primary statute that governs public housing
and its administration by HUD and PHAs, provides that public housing
dwelling units shall be rented only to families who are low-income
families at the time of their initial occupancy of such units. In
accordance with the 1937 Act, and HUD regulations and policies, PHAs
must undertake periodic reviews of family income. The 1937 Act does not
require eviction or termination of tenancy of families whose income
exceeds the income limits while residing in public housing. See 42
U.S.C. 1437a. HUD's regulations at 24 CFR part 960, which govern public
housing admissions, reflect this statutory framework.
The parameters for income limits that determine initial eligibility
for public housing are developed by HUD and outlined in 24 CFR part 5,
subpart F. In general, HUD sets the low-income limit at 80 percent and
very low-income limit at 50 percent of the median income for the county
or metropolitan area in which the household resides. Income limits vary
from area to area and may be adjusted based on local market
conditions.\1\ Annual income is the anticipated total income from all
sources received from the family head and spouse, and each additional
member of the family 18 years of age or older. An individual's or
family's rent is referred to as the Total Tenant Payment (TTP) and is
based on a family's anticipated annual income less deductions, if any,
or the applicable flat rent.
---------------------------------------------------------------------------
\1\ 2015 Income Limit Documentation https://www.huduser.gov/portal/datasets/il/il15/HUD_sec8_15.pdf.
---------------------------------------------------------------------------
On July 21, 2015, HUD's OIG issued an audit report that presented
the results of OIG's review of the number of families residing in HUD
public housing whose income exceed the current income limits used in
determining eligibility for such housing, several of whom significantly
exceeded the income limits. The families identified by HUD OIG met the
income limits at the time of admission to public housing but their
income now exceeds such income limits. Currently, the regulations do
not prohibit a family from continued occupancy when their income rises
above the limit for initial admission. An increase in income is a good
and welcomed event for families, and when a family's income steadily
rises, it may be an indication that the family is on its way to self-
sufficiency. However, an increase in income may be minimal or
temporary, and a minimal or temporary rise in income should not be the
basis for termination of public housing assistance. This ANPR solicits
comment on how to structure policies to reduce the number of
individuals and families whose incomes significantly exceed the income
limit and have significantly exceeded the income limit for a sustained
period of time after initial admission.
HUD takes seriously its obligation to provide clean, safe
affordable housing to the neediest population. The Public Housing
program is an essential resource for some of the nation's most
vulnerable families. HUD strongly supports the efforts of PHAs to
further the goals of providing quality affordable housing to eligible
families in a manner that moves families toward increased and sustained
self-sufficiency. At the same time, scarce public resources must be
provided to those most in need of affordable housing. Any changes that
would require the termination of tenancy for over-income families
should be enacted with caution so as not to impede a family's progress
towards self-sufficiency.
In a final rule published on November 26, 2004, at 69 FR 68786, HUD
gave PHAs the authority to terminate the tenancy of or evict over-
income residents. See 24 CFR 960.261. The final rule did not require
PHAs to take action to evict over-income residents but provides PHAs
with discretion to implement such policies and thereby make units
available to applicants who are income eligible. The final rule noted
that the 1937 Act did not require eviction and the purpose of
rulemaking was to clarify that the absence of such a statutory
requirement did not prohibit PHAs from terminating the tenancy of over-
income families. The preamble to the rule stated that PHAs may decide
that an over-income family is able to find other housing, and that the
family's public housing unit could be made available to a family with
greater housing need. The rule included discussion of the many factors
that could be considered in developing these policies, including local
market conditions, community stability, the source and duration of
increased
[[Page 5679]]
income, and whether the resident was elderly or disabled.
HUD is considering revising HUD's regulations at 24 CFR 960.261
(Restriction on eviction of families based on income) in a manner that
would continue to give PHAs discretion on when to evict or terminate
the tenancies of over-income families but narrow that discretion by
providing circumstances that would require a PHA to terminate tenancy
or evict an over-income family. Specifically, HUD is considering
whether a family whose income significantly exceeds the income limit
and has exceeded such limit for a sustained period of time must be
notified by the PHA that the family will be evicted or tenancy
terminated. HUD is also considering what a reasonable period of time to
find alternative housing would be.
HUD is not considering whether to alter the existing statutorily
based exceptions to eviction or termination of tenancy related to
income limits. Specifically, a family over the income limits who has a
valid contract for participation in a Family Self-Sufficiency (FSS)
program administered under HUD regulations in 24 CFR part 984 would not
be subject to eviction or termination of tenancy. Additionally, a PHA
may not evict a family over the income limits if the family is
currently receiving the earned income disallowance authorized by the
1937 Act (See 42 U.S.C. 1473a(d)) and implemented through HUD
regulations in 24 CFR 960.255 and 24 CFR 960.261(b).
II. Request for Comments
In a letter provided to PHAs on September 3, 2015, HUD strongly
recommended that PHAs adopt local over-income policies while
considering many factors, including, but not limited to how over-income
is defined, income stability, length of time to provide a safety net
for fluctuating incomes, preference for return and hardship
policies.\2\ In anticipation of a proposed rulemaking, HUD specifically
solicits comment on the following issues:
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\2\ This letter can be found at https://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/ph.
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1. How should HUD define income that ``significantly'' exceeds the
income limit for public housing residency? Should such higher amount be
determined by dollar amount, by a percentage, or as a function of the
current income limit, and what should the amount be?
2. Should area cost of living and family finances be taken into
consideration when determining whether an individual or family no
longer needs public housing assistance? Are there limits to the
circumstances in which said data should be requested and applied in a
determination?
3. What period of time in which an individual or family has had
income that significantly exceeds the income limits should be
determined as indicative that the individual or family no longer needs
public housing assistance?
4. How should local housing market conditions or housing authority
wait list data be considered?
5. What period of time should be allowed for an individual or
family to find alternative housing?
6. Are there exceptions to eviction or termination of tenancy that
HUD should consider beyond those listed in HUD's regulation in 24 CFR
960.261?
7. Should HUD allow over-income individuals or families to remain
in public housing, while paying unsubsidized or fair market, rent? How
would such a provision impact PHA operations and finances?
8. Should HUD require a local appeals process for individuals or
families deemed over-income?
9. Where over-income policies have been implemented, what were the
results to public housing residents and PHAs? What were the specific
positive and negative impacts?
10. What financial impact would over-income policies have on PHA
operations, and how can any negative impacts be mitigated?
11. What are the potential costs and benefits to public housing
residents and PHAs that could result from the forcible eviction of
public housing tenants?
12. What evidence currently exists in favor of or against the
adoption of this type of policy?
It is the responsibility of HUD and PHAs to ensure that public
housing units are available to those who need HUD assistance. All
comments directed to steps that HUD and PHAs can take to ensure
availability of public housing units for individuals and families
meeting the income limits are welcome.
Dated: January 25, 2016.
Lourdes Castro Ram[iacute]rez,
Principal Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2016-01921 Filed 2-2-16; 8:45 am]
BILLING CODE 4210-67-P
