Fair Market Rents for the Housing Choice Voucher Program, Moderate Rehabilitation Single Room Occupancy Program, and Other Programs Fiscal Year 2018 and Adoption of Methodology Changes for Estimating Fair Market Rents, 41637-41645 [2017-18431]
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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices
Dated: August 23, 2017.
Todd M. Richardson,
Acting General Deputy Assistant Secretary
for Policy Development and Research.
[FR Doc. 2017–18578 Filed 8–31–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6021–N–02]
Fair Market Rents for the Housing
Choice Voucher Program, Moderate
Rehabilitation Single Room Occupancy
Program, and Other Programs Fiscal
Year 2018 and Adoption of
Methodology Changes for Estimating
Fair Market Rents
Office of the Assistant
Secretary for Policy Development and
Research, HUD.
ACTION: Notice of Fiscal Year (FY) 2018
Fair Market Rents (FMRs) and adoption
of methodology changes for estimating
FMRs.
AGENCY:
Section 8(c)(1) of the United
States Housing Act of 1937 (USHA), as
amended by the Housing Opportunities
Through Modernization Act of 2016
(HOTMA), requires the Secretary to
publish FMRs not less than annually,
adjusted to be effective on October 1 of
each year. Section 8(c)(1)(B) of USHA,
as amended by HOTMA, requires that
HUD publish for comment a notice of
proposed material changes in the
methodology for estimating FMRs and a
notice containing HUD’s final decisions
regarding such proposed substantial
methodological changes. On May 26,
2017, HUD published a notice
proposing changes to the methodology
used for estimating FMRs and requested
public comment.
This notice adopts HUD’s May 26,
2017 proposed material changes to the
methodology for estimating FMRs and
notifies interested parties that FY 2018
FMRs are available at www.huduser.gov.
This notice also describes the methods
used to calculate the FY 2018 FMRs and
enumerates the procedures for Public
Housing Agencies (PHAs) and other
interested parties to request
reevaluations of their FMRs as required
by HOTMA. Lastly, this notice responds
to public comments HUD received on its
May 26, 2017 notice.
DATES:
Comment Due Date: October 2, 2017.
Applicability Date: October 2, 2017
unless HUD receives a request for
reevaluation of specific area FMRs as
described below.
ADDRESSES: HUD invites interested
persons to submit comments regarding
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SUMMARY:
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the FMRs and to request reevaluation of
the FY 2018 FMRs to the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 10276, Washington, DC 20410–
0001. Communications must refer to the
above docket number and title and
should contain the information
specified in the ‘‘Request for Comments/
Request for Reevaluation’’ section.
There are two methods for submitting
public comments.
1. Submission of Comments by Mail.
Comments or requests for reevaluation
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 or reevaluation
requests, HUD recommends that
comments or requests submitted by mail
be submitted at least two weeks in
advance of the deadline. HUD will make
all comments or reevaluation requests
received by mail available to the public
at https://www.regulations.gov.
2. Electronic Submission of
Comments. Interested persons may
submit comments or reevaluation
requests electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov. HUD strongly
encourages commenters to submit
comments or reevaluation requests
electronically. Electronic submission of
comments or reevaluation requests
allows the author maximum time to
prepare and submit a comment or
reevaluation request, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments or reevaluation
requests submitted electronically
through the https://www.regulations.gov
Web site can be viewed by other
submitters and interested members of
the public. Commenters or reevaluation
requestors should follow instructions
provided on that site to submit
comments or reevaluation requests
electronically.
Note: To receive consideration as public
comments or reevaluation requests,
comments or requests must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the notice.
No Facsimile Comments or
Reevaluation Requests. Facsimile (FAX)
comments or requests for FMR
reevaluation are not acceptable.
Public Inspection of Public Comments
and Reevaluation Requests. All properly
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41637
submitted comments and reevaluation
requests and communications regarding
this notice 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 and reevaluation requests
must be scheduled by calling the
Regulations Division at 202–708–3055
(this is not a toll-free number).
Individuals with speech or hearing
impairments may access this number
through TTY by calling the Federal
Relay Service at 800–877–8339 (toll-free
number). Copies of all comments and
reevaluation requests submitted are
available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
technical information on the
methodology used to develop FMRs or
a listing of all FMRs, please call the
HUD USER information line at 800–
245–2691 or access the information on
the HUD USER Web site https://
www.huduser.gov/portal/datasets/
fmr.html. FMRs are listed at the 40th or
50th percentile in Schedule B. For
informational purposes, 40th percentile
rents for the areas with 50th percentile
FMRs will be provided in the HUD FY
2018 FMR documentation system at
https://www.huduser.gov/portal/
datasets/fmr.html#2018_query and 50th
percentile rents for all FMR areas will
be published at https://
www.huduser.gov/portal/datasets/
50per.html.
Questions related to use of FMRs or
voucher payment standards should be
directed to the respective local HUD
program staff. Questions on how to
conduct FMR surveys may be addressed
to Marie L. Lihn or Peter B. Kahn of the
Economic and Market Analysis
Division, Office of Economic Affairs,
Office of Policy Development and
Research at HUD headquarters, 451 7th
Street SW., Room 8208, Washington, DC
20410; telephone number 202–402–2409
(this is not a toll-free number), or they
may be reached at emad-hq@hud.gov.
Persons with hearing or speech
impairments may access HUD numbers
through TTY by calling the Federal
Relay Service at 800–877–8339 (toll-free
number).
Electronic Data Availability. This
Federal Register notice will be available
electronically from the HUD User page
at https://www.huduser.gov/portal/
datasets/fmr.html. Federal Register
notices also are available electronically
from https://www.federalregister.gov/
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the U.S. Government Printing Office
Web site. Complete documentation of
the methods and data used to compute
each area’s FY 2018 FMRs is available
at https://www.huduser.gov/portal/
datasets/fmr.html#2018_query. FY 2018
FMRs are available in a variety of
electronic formats at https://
www.huduser.gov/portal/datasets/
fmr.html. FMRs may be accessed in PDF
as well as in Microsoft Excel. Small
Area FMRs based on FY 2018
Metropolitan Area Rents for the Dallas,
TX HUD Metro FMR Area are available
in Microsoft Excel format at the same
web address. Small Area FMRs for all
other metropolitan FMR areas are
available at: https://www.huduser.gov/
portal/datasets/fmr/smallarea/
index.html.
SUPPLEMENTARY INFORMATION:
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I. Background
Section 8 of the USHA (42 U.S.C.
1437f) authorizes housing assistance to
aid lower-income families in renting
safe and decent housing. Housing
assistance payments are limited by
FMRs established by HUD for different
geographic areas. In the Housing Choice
Voucher (HCV) program, the FMR is the
basis for determining the ‘‘payment
standard amount’’ used to calculate the
maximum monthly subsidy for an
assisted family. See 24 CFR 982.503.
HUD also uses the FMRs to determine
initial renewal rents for some expiring
project-based Section 8 contracts, initial
rents for housing assistance payment
contracts in the Moderate Rehabilitation
Single Room Occupancy program, rent
ceilings for rental units in both the
HOME Investment Partnerships program
and the Emergency Solution Grants
program, calculation of maximum
award amounts for Continuum of Care
recipients and the maximum amount of
rent a recipient may pay for property
leased with Continuum of Care funds,
and calculation of flat rents in Public
Housing units. In general, the FMR for
an area is the amount that would be
needed to pay the gross rent (shelter
rent plus utilities) of privately owned,
decent, and safe rental housing of a
modest (non-luxury) nature with
suitable amenities and is typically set at
the 40th percentile of the distribution of
gross rents. HUD’s FMR calculations
represent HUD’s best effort to estimate
the 40th percentile gross rents paid by
recent movers into standard quality
units in each FMR area. In addition, all
rents subsidized under the HCV
program must meet reasonable rent
standards.
As of October 2, 2000 (65 FR 58870),
HUD required FMRs to be set at the 50th
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percentile for areas where HUD
determined higher FMRs were needed
to help families assisted under certain
HUD programs find and lease decent
and affordable housing. On November
16, 2016 (81 FR 80567), HUD published
a Final Rule entitled ‘‘Establishing a
More Effective Fair Market Rent System;
Using Small Area Fair Market Rents in
the Housing Choice Voucher Program
Instead of the Current 50th Percentile
FMRs’’ (Small Area FMR final rule),
with an effective date of January 17,
2017. The Small Area FMR final rule
eliminates the 50th percentile FMR
provisions in the FMR regulations (24
CFR 888.113)1 and provides that areas
currently designated as 50th percentile
areas remain 50th percentile areas until
their current 3-year eligibility period
expires. At the end of the 3-year
eligibility period, these areas revert to
40th percentile FMR status. (If they
meet the deconcentration criteria
specified in 24 CFR 982.503(f), available
at: https://www.gpo.gov/fdsys/pkg/CFR2016-title24-vol4/pdf/CFR-2016-title24vol4-sec982-503.pdf, they may petition
HUD to maintain payment standards
based on 50th percentile rents on that
basis.)
The following areas completed their 3
years of 50th percentile eligibility in FY
2017 and will revert to 40th percentile
FMR status in FY 2018:
FY 2018 50TH-PERCENTILE FMR
AREAS AND YEAR OF REVERSION TO
40TH PERCENTILE FMRS—Continued
Baltimore-Columbia-Towson, MD MSA ..
Philadelphia-Camden-Wilmington,
PANJ-DE-MD ...........................................
San Diego-Carlsbad-San Marcos, CA
MSA .....................................................
Spokane, WA HUD Metro FMR Area .....
Washington, DC-VA-MD HUD Metro
FMR Area ............................................
West Palm Beach-Boca Raton, FL HUD
Metro FMR Area ..................................
2019
2019
2020
2020
2019
2019
II. Procedures for the Development of
FMRs and Changes in FMR
Methodology
Section 8(c)(1) of the USHA, as
amended by HOTMA (Pub. L. 114–201,
approved July 29, 2016), requires the
Secretary of HUD to publish FMRs not
less than annually. Section 8(c)(1)(A)
states that each FMR ‘‘shall be adjusted
to be effective on October 1 of each year
to reflect changes, based on the most
recent available data trended so the
rentals will be current for the year to
which they apply . . .’’ Section
8(c)(1)(B) requires that HUD publish,
not less than annually, new FMRs on
the World Wide Web or in any other
manner specified by the Secretary, and
that HUD must also notify the public of
when it publishes FMRs by Federal
Register notice. After notification, the
FY 2017 50TH-PERCENTILE FMR
FMRs ‘‘shall become effective no earlier
AREAS REVERTING TO 40TH PER- than 30 days after the date of such
CENTILE FMRS IN FY 2018
publication,’’ and HUD must provide a
procedure for the public to comment
Albuquerque, NM Metropolitan Statistical Area
and request a reevaluation of the FMRs
(MSA).
in a jurisdiction before the FMRs
Chicago-Joliet-Naperville, IL HUD Metro FMR Area.
become effective. Consistent with the
Denver-Aurora-Broomfield, CO MSA.
Hartford-West Hartford-East Hartford, CT HUD
statute, HUD is issuing this notice to
Metro FMR Area.
notify the public that FY 2018 FMRs are
Urban Honolulu, HI MSA.
available at https://www.huduser.gov/
Kansas City, MO-KS HUD Metro FMR Area.
Milwaukee-Waukesha-West Allis, WI MSA.
portal/datasets/fmr.html and will
Riverside-San Bernardino-Ontario, CA MSA.
become effective on October 2, 2017.
Tacoma, WA HUD Metro FMR Area.
This notice also provides procedures for
Virginia Beach-Norfolk-Newport News, VA-NC MSA.
FMR reevaluation requests.
The following is a list of FMR areas
In addition, Section 8(c)(1)(B) of the
that retain 50th percentile FMRs for FY
USHA, as amended by HOTMA,
2018, along with the year that they will
requires that HUD publish for comment
revert to 40th percentile status:
in the Federal Register a notice of
proposed material changes in the
FY 2018 50TH-PERCENTILE FMR
methodology for estimating FMRs and a
AREAS AND YEAR OF REVERSION TO notice containing HUD’s final decisions
40TH PERCENTILE FMRS
regarding such proposed substantial
methodological changes and responses
Bergen-Passaic, NJ HUD Metro FMR
to public comments. On May 26, 2017
Area .....................................................
2020
(82 FR 24377), HUD published a
Federal Register notice proposing
1 Separately from the Small Area FMR
changes to the methodology used to
regulations, HUD also calculates and published
calculate FMRs (Changes to
50th percentile rent estimates for the purposes of
Success Rate Payment Standards as defined at 24
Methodology notice) with a comment
CFR 982.503(e) (estimates available at: https://
period that ended on June 26, 2017.
www.huduser.gov/portal/datasets/50per.html),
This notice contains HUD’s final
which policy was not changed by the Small Area
decisions on the proposed changes to
FMR rule.
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the FMR methodology and responses to
public comments.
In the Changes to Methodology notice,
HUD proposed several methodological
changes in the way that HUD calculates
FMRs. Most of the changes focused on
the way HUD assessed the statistical
quality of the ACS estimates or on using
as much local information as possible
when calculating FMRs. The proposed
changes were as follows:
• Add a ‘‘number of observations’’
criterion to the existing margin of error
criterion when assessing the statistical
reliability of ACS estimates.
• Use ‘‘all-bedroom’’ rents when
calculating the recent mover factor
when the two-bedroom rents are not
statistically reliable before moving to a
larger encompassing geography’s twobedroom recent mover rents for this
factor.
• Calculate Small Area FMRs
directly, rather than using the ratio
method, when statistically reliable
information at the ZIP Code Tabulation
Area (ZCTA) level is available. The ratio
method would still be used when
statically reliable data was not available
for individual ZCTAs.
• Link ZCTAs to the smallest
metropolitan area available as their
parent FMR area for the ratio method
rather than defaulting to the Office of
Management and Budget (OMB)—
defined metropolitan area as the parent.
This would allow HUD to take
advantage of the differing recent mover
factors available across subdivided OMB
metropolitan areas (areas labeled as
HUD Metro FMR Areas).
In response to the Changes to
Methodology notice, a total of 22
individual comments were received and
posted on the Regulations.gov site at
https://www.regulations.gov/
docket?D=HUD-2017-0033. Most of the
comments that addressed the proposed
methodology changes responded
favorably to the changes. HUD provides
responses to the public comments
received later in this preamble (see
section VII below). After considering all
public comments received, HUD has
decided to adopt all of the proposed
methodology changes. HUD calculated
the FY 2018 FMRs using the revised
methodology incorporating the adopted
changes.
III. FMR Methodology
This section provides a brief overview
of how HUD computes the FY 2018
FMRs. For complete information on
how HUD determines FMR areas, and
on how HUD derives each area’s FMRs,
see the online documentation at https://
www.huduser.gov/portal/datasets/
fmr.html#2018_query.
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In conjunction with the use of 2015
American Community Survey (ACS)
data, HUD has implemented the
following geography changes: Effective
May 1, 2015, Shannon County, South
Dakota (state code 46, county code 113)
changed its name to Oglala Lakota
County, South Dakota (state code 46,
county code 102) and effective July 1,
2015, the Wade Hampton Census Area,
Alaska (state code 02, county code 270)
changed its name to the Kusilvak
Census Area, Alaska (state code 02,
county code 158).
A. Base Year Rents
For FY 2018 FMRs, HUD updates the
base rents using the U.S. Census
Bureau’s 5-year ACS data collected
between 2011 through 2015 (released in
December of 2016). One of the changes
proposed in the Changes to
Methodology notice and adopted in this
notice addresses the statistical
reliability of the ACS data used in the
FMR calculations. In prior years, HUD
used ACS estimates where the margin of
error of the estimate is less than half the
size of the estimate itself. For FY 2018
FMRs, HUD now pairs this ‘‘margin of
error’’ test with an additional test based
on the number of survey observations
supporting the estimate. The Census
Bureau does not provide HUD with an
exact count of the number of
observations supporting the ACS
estimate; rather, the Census Bureau
provides HUD with categories of the
number of survey responses underlying
the estimate, including whether the
estimate is based on more than 100
observations. Using these categories,
HUD requires that, in addition to the
‘‘margin of error’’ test, ACS rent
estimates must be based on at least 100
observations in order to be used as base
rents.
For areas in which the 5-year ACS
data for two-bedroom, standard quality
gross rents do not pass the statistical
reliability tests (i.e., have a margin of
error ratio greater than 50 percent or
fewer than 100 observations), HUD will
use an average of the base rents over the
three most recent years (provided that
there is data available for at least two of
these years),2 or if such data is not
available, using the two-bedroom rent
data within the next largest geographic
area, which for a non-metropolitan area
2 For FY 2018, the three years of ACS data in
question are 2013, 2014 and 2015. The 2013 data
are adjusted to be denominated in 2015 dollars
using the growth in CPI-based gross rents measured
between 2013 and 2015. Similarly, the 2014 gross
rent data is adjusted to 2015 denominated dollars
using the growth in CPI-based gross rents measured
between 2014 and 2015.
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41639
would be the state non-metro area rent
data.
HUD has updated base rents each year
based on new 5-year data since FY 2012,
for which HUD used 2005–2009 ACS
data. HUD is also updating base rents
for Puerto Rico FMRs using the 2011–
2015 Puerto Rico Community Survey
(PRCS); HUD first updated the Puerto
Rico base rents in FY 2014 based on
2007–2011 PRCS data collected through
the ACS program.
HUD historically based FMRs on gross
rents for recent movers (those who have
moved into their current residence in
the last 24 months) measured directly.
However, due to the way Census
constructs the 5-year ACS data, HUD
developed a new method for calculating
recent-mover FMRs in FY 2012, which
HUD continues to use in FY 2018: HUD
assigns all areas a base rent, which is
the two-bedroom standard quality 5year gross rent estimate from the ACS;
then, because HUD’s regulations
mandate that FMRs must be published
as recent mover gross rents, HUD
applies a recent mover factor to the base
rents assigned from the 5-year ACS
data.3 The calculation of the recent
mover factor is described below.
B. Recent Mover Factor
Following the assignment of the
standard quality two-bedroom rent
described above, HUD applies a recent
mover factor to these rents. HUD
calculates the recent mover factor as the
change between the 5-year 2011–2015
standard quality two-bedroom gross rent
and the 1 year 2015 recent mover gross
rent for the recent mover factor area.
HUD does not allow recent mover
factors to lower the standard quality
base rent; therefore, if the 5-year
standard quality rent is larger than the
comparable 1-year recent mover rent,
the recent mover factor is set to 1.
The calculation of the recent mover
factor for FY 2018 contains several
modifications that were proposed in the
Changes to Methodology notice, and are
now being adopted. The first change is
the addition of a new test to determine
the statistical reliability of the 1-year
ACS recent mover data. The margin of
error test is now paired with a count of
observations test, similar to the test used
for base rent data. Therefore, in order for
a recent mover gross rent estimate to be
3 HUD’s regulations incorporate recent mover
data into FMR calculations because the gross rents
of those who most recently moved into their units
likely depicts the most current market conditions
observable through the ACS. Rents paid by renters
renewing existing leases may not reflect the most
current market conditions, in part because these
renters may have clauses within their leases that
predetermine the annual increases in rents paid
(i.e., rent escalator clauses).
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considered statistically reliable, the
estimate must have a margin of error
ratio that is less than 50 percent, and the
estimate must be based on 100 or more
observations.
The second change incorporated into
the FY 2018 recent mover factor
calculation concerns the data used
when an FMR area does not have
statistically reliable two-bedroom recent
mover data. In this circumstance, if the
‘‘all-bedroom’’ 4 1-year recent mover
ACS data for the FMR area is
statistically reliable, HUD will use the
‘‘all-bedroom’’ data to calculate the
recent mover factor instead of using
two-bedroom data from the next larger
geography. Incorporating ‘‘all-bedroom’’
rents into the recent mover factor
calculation when statistically reliable
two-bedroom data is not available
preserves the use of local information to
the greatest extent possible.
However, where statistically reliable
‘‘all-bedroom’’ data is not available,
HUD will continue to base FMR areas’
recent mover factors on larger
geographic areas, following the same
procedures as in FY 2017: HUD tests
data from differently sized geographic
areas in the following order (from small
to large), and bases the recent mover
factor on the first statistically reliable
sample size.
• For metropolitan areas that are
subareas of larger metropolitan areas,
the order is the FMR area, metropolitan
area, aggregated metropolitan parts of
the state, and state.
• For metropolitan areas that are not
divided, the order is the FMR area,
aggregated metropolitan parts of the
state, and state.
• In non-metropolitan areas, the order
is the FMR area, aggregated nonmetropolitan parts of the state, and
state.
The process for calculating each area’s
recent mover factor is detailed in the FY
2018 FMR documentation system
available at: https://www.huduser.gov/
portal/datasets/fmr.html#2018_query.
Applying the recent mover factor to the
standard quality base rent produces an
‘‘as of’’ 2015 recent mover two-bedroom
base gross rent for the FMR area.
C. Other Rent Survey Data
HUD calculated base rents for the
insular areas using the 2010 decennial
census of American Samoa, Guam, the
Northern Mariana Islands, and the
Virgin Islands beginning with the FY
2016 FMRs.5 This 2010 base year data
4 ‘‘All-bedroom’’ refers to estimates aggregated
together regardless of the number of bedrooms in
the dwelling unit.
5 The ACS is not conducted in the Pacific Islands
(Guam, Northern Marianas and American Samoa) or
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was updated to 2013 for the FY 2016
FMRs and is updated through 2015 for
the FY 2018 FMRs using national ACS
data.
HUD does not use ACS data to
establish the base rent or recent mover
factor for 12 areas where the FY 2018
FMR was adjusted based on survey data:
• Survey data collected in 2014 is
used to adjust the FMRs for three nonmetropolitan counties in Vermont
(Bennington County, Windham County
and Windsor County).
• Survey data from 2015 is used to
adjust the FMRs for Portland, OR and
Oakland, CA.
• Survey data from 2016 is used to
adjust the FMRs for Burlington, VT;
Kauai County, HI; Maui County, HI; San
Francisco, CA; Portland, ME; and
Vallejo-Fairfield, CA.
• Survey data from 2017 is used to
adjust the FMR for Santa Rosa, CA.
For larger metropolitan areas that
have valid ACS one-year recent mover
data, survey data may not be any older
than the midpoint of the calendar year
for the ACS one-year data. Since the
ACS one-year data used for the FY 2018
FMRs is from 2015, larger areas may not
use survey data collected before June 1,
2015 for the FY 2018 FMRs. Smaller
areas without 1-year ACS data,
including the above counties in
Vermont, may continue to use local
survey data until the mid-point of the 5year ACS data is more recent than the
local survey.6
D. Updates From 2015 to 2016 and
Forecast to FY 2018
HUD updates the ACS-based ‘‘as of’’
2015 rent through the end of 2016 using
the annual change in gross rents
measured through the CPI from 2015 to
2016 (CPI update factor). As in previous
years, HUD uses local CPI data coupled
with Consumer Expenditure Survey
data for FMR areas with at least 75
percent of their population within Class
A metropolitan areas covered by local
CPI data. In FMR areas that don’t meet
this criterion, including Class B and C
size metropolitan areas and nonmetropolitan areas, HUD uses CPI data
aggregated at the Census region level.
Additionally, HUD is using CPI data
the US Virgin Islands. As part of the 2010 Decennial
Census, the Census Bureau conducted ‘‘long-form’’
sample surveys for these areas. The results gathered
by this long form survey have been incorporated
into the FY 2018 FMRs.
6 The 2012–2016 5-Year ACS data and the 2016
1-Year ACS data will be used to calculate the FY
2019 FMRs. These data will be more current than
the 2014 data from the Vermont survey areas and
the 2015 survey data in Portland, OR and Oakland,
CA. Consequently, the 2016 ACS information will
be used to calculate FMRs in these areas in FY
2019.
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collected locally in Puerto Rico as the
basis for CPI adjustments from 2015 to
2016 for all Puerto Rico FMR areas.
Following the application of the
appropriate CPI update factor, HUD
trends the gross rent estimate from 2016
to FY 2018 using a national forecast of
expected growth in gross rents. This
forecast produces ‘‘as of’’ FY 2018
FMRs.
E. Bedroom Rent Adjustments
HUD updates the bedroom ratios used
in the calculation of FMRs annually.
The bedroom ratios which HUD used in
the calculation of FY 2018 FMRs have
been updated using average data from
three five-year ACS data series (2009–
2013, 2010–2014, and 2011–2015). The
bedroom ratio methodology used in this
update is unchanged from previous
calculations using 2000 Census data.
HUD only uses estimates with a margin
of error ratio of less than 50 percent. If
an area does not have reliable estimates
in at least two of the previous three ACS
releases, bedroom ratios for the area’s
larger parent geography are used.
HUD uses two-bedroom units for its
primary calculation of FMR estimates.
This is generally the most common size
of rental unit and, therefore, the most
reliable to survey and analyze. After
estimating two-bedroom FMRs, HUD
calculates bedroom ratios for each FMR
area which relate the prices of smaller
and larger units to the cost of twobedroom units. To prevent illogical
results in particular FMR areas, HUD
establishes bedroom interval ranges
which set upper and lower limits for
bedroom ratios nationwide, based on an
analysis of the range of such intervals
for all areas with large enough samples
to permit accurate bedroom ratio
determinations.
In the calculation of FY 2018 FMR
estimates, HUD set the bedroom interval
ranges as follows: Efficiency FMRs are
constrained to fall between 0.64 and
0.85 of the two-bedroom FMR; onebedroom FMRs must be between 0.75
and 0.87 of the two-bedroom FMR;
three-bedroom FMRs (prior to the
adjustments described below) must be
between 1.15 and 1.34 of the twobedroom FMR; and four-bedroom FMRs
(again, prior to adjustment) must be
between 1.26 and 1.64 of the twobedroom FMR. Given that these interval
ranges partially overlap across bedroom
sizes, HUD further adjusts bedroom
ratios for a given FMR area, if necessary,
to ensure that higher bedroom-count
units have higher rents than lower
bedroom-count units within that area.
The bedroom ratios for Puerto Rico
follow these constraints.
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HUD also further adjusts the rents for
three-bedroom and larger units to reflect
HUD’s policy to set higher rents for
these units.7 This adjustment is
intended to increase the likelihood that
the largest families, who have the most
difficulty in leasing units, will be
successful in finding eligible program
units. The adjustment adds 8.7 percent
to the unadjusted three-bedroom FMR
estimates and adds 7.7 percent to the
unadjusted four-bedroom FMR
estimates.
HUD derives FMRs for units with
more than four bedrooms by adding 15
percent to the four-bedroom FMR for
each extra bedroom. For example, the
FMR for a five-bedroom unit is 1.15
times the four-bedroom FMR, and the
FMR for a six-bedroom unit is 1.30
times the four-bedroom FMR. Similarly,
HUD derives FMRs for single-room
occupancy units by subtracting 25
percent from the zero-bedroom FMR
(i.e., they are set at 0.75 times the zerobedroom (efficiency) FMR).8
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F. Limit on FMR Decreases
Within the Small Area FMR final rule
published on November 16, 2016, HUD
amended 24 CFR 888.113 to include a
limit on the amount that FMRs may
annually decrease. The current year’s
FMRs resulting from the application of
the bedroom ratios, as discussed in
section (E) above, may be no less than
90 percent of the prior year’s FMRs for
units with the same number of
bedrooms. Accordingly, if the current
year’s FMRs are less than 90 percent of
the prior year’s FMRs as calculated by
the above methodology, HUD sets the
current year’s FMRs equal to 90 percent
of the prior year’s FMRs. For areas using
Small Area FMRs in the administration
of their voucher programs (i.e., Dallas
and the demonstration PHAs who opted
to continue using Small Area FMRs), the
FY 2018 Small Area FMRs may be no
less than 90 percent of the FY 2017
Small Area FMRs. For all other
metropolitan areas, for which Small
Area FMRs are calculated so that they
may be used for other allowable
purposes if desired (e.g., exception
payment standards, public housing flat
rents), the FY 2018 Small Area FMRs
may be no less than 90 percent of the
FY 2017 metropolitan area-wide FMRs.
7 As mentioned above, HUD applies the interval
ranges for the three-bedroom and four-bedroom
FMR ratios prior to making these adjustments. In
other words, the adjusted three- and four-bedroom
FMRs can exceed the interval ranges, but the
unadjusted FMRs cannot.
8 As established in the interim rules
implementing the provisions of the Quality Housing
and Work Responsibility Act of 1998 (Title V of the
FY 1999 HUD Appropriations Act; Pub. L. 105–
276). In 24 CFR 982.604.
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IV. Manufactured Home Space Surveys
HOTMA changed the manner in
which vouchers are used to subsidize
manufactured home units. Please see
HUD’s Notice from January 18, 2017 (82
FR 5458) for more detailed information
concerning the use of vouchers for
manufactured home units. Due to the
nature of these changes, HUD will no
longer be publishing exception rents for
Manufactured Home Space pad rents.
V. Small Area FMRs
PHAs in the Dallas, TX HUD Metro
FMR Area (HMFA) 9 continue to use
Small Area FMRs per the terms of a
court-entered settlement. These Small
Area FMRs are listed in the Schedule B
addendum. Other metropolitan PHAs
interested in using Small Area FMRs in
the operation of their Housing Choice
Voucher program should contact their
local HUD field office to request
approval from HUD to do so.
As proposed in the Changes to
Methodology notice, HUD is also
making changes in the manner in which
FY 2018 Small Area FMRs are
calculated. In order to use more local
data, HUD is calculating Small Area
FMRs directly from the standard quality
gross rents provided to HUD by the
Census Bureau for ZIP Code Tabulation
Areas (ZCTAs), when such data is
statistically reliable, instead of using the
current rent ratio calculation. The ZCTA
two-bedroom equivalent 40th percentile
gross rent is analogous to the standard
quality base rents set for metropolitan
areas and non-metropolitan counties.
For each ZCTA with statistically reliable
gross rent estimates, using the expanded
test of statistical reliability noted
previously in this notice (i.e., estimates
with margins of error ratios below 50
percent and based on at least 100
observations), HUD will calculate a twobedroom equivalent 40th percentile
gross rent using the first statistically
reliable gross rent distribution data from
the following data sets (in this order):
two-bedroom gross rents, one-bedroom
gross rents, and three-bedroom gross
rents. If either the one-bedroom or threebedroom gross rent data is used because
the two-bedroom gross rent data is not
statistically reliable, the one-bedroom or
three-bedroom 40th percentile gross rent
will be converted to a two-bedroom
equivalent rent using the bedroom ratios
for the ZCTA’s parent metropolitan area.
In order to add increased stability to
these Small Area FMR estimates, HUD
9 The
Dallas, TX HMFA is also known as the
Dallas-Plano-Irving, Texas Metro Division. This area
is comprised of the following Texas counties:
Collin, Dallas, Denton, Ellis, Hunt, Kaufman, and
Rockwall.
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will average the latest three years of
gross rent estimates.10
For ZCTAs without usable gross rent
data by bedroom size, HUD will
continue to calculate Small Area FMRs
using the rent ratio method similar to
that HUD has used in past Small Area
FMR calculations. To calculate Small
Area FMRs using a rent ratio, HUD
divides the median gross rent across all
bedrooms for the small area (a ZIP code)
by the similar median gross rent for the
metropolitan area of the ZIP code. In
small areas where the median gross rent
is not statistically reliable, HUD
substitutes the median gross rent for the
county containing the ZIP code in the
numerator of the rent ratio calculation.
HUD multiplies this rent ratio by the
current two-bedroom rent for the
metropolitan area containing the small
area to generate the current year twobedroom rent for the small area.
Similar to other changes described in
this notice, HUD is changing the linkage
between the small area and its
containing metropolitan area as
proposed in the May 26, 2017 Federal
Register notice. For FY 2018 HUD is
linking each ZCTA to its published FMR
area; that is, each ZCTA is linked to its
parent HMFA, if it exists, rather than
link the ZCTA to its parent OMBdefined metropolitan area (Core-Based
Statistical Area, or CBSA) as was
previously done. If no parent HUD FMR
area exists, the ZCTA will continue to
be linked to its parent CBSA. This
change is implemented to take
advantage of the more localized recent
mover factors for subareas of OMBdefined metropolitan areas when
available.
As in FY 2017, HUD continues to use
a rolling average of ACS data in
calculating the Small Area FMR rent
ratios. HUD believes coupling the most
current data with previous year’s data
minimizes excessive year-to-year
variability in Small Area FMR rent
ratios due to sampling variance.
Therefore, for FY 2018 Small Area
FMRs, HUD has updated the rent ratios
to use an average of the rent ratios
calculated from the 2009–2013, 2010–
2014, and 2011–2015 5-year ACS
estimates.
VI. Request for Public Comments and
FMR Reevaluations
HUD will continue to accept public
comments on the methods HUD uses to
calculate FY 2018 FMRs, including
10 For example, for FY 2018 FMRs using this
methodology, HUD would average the gross rents
from 2013, 2014 and 2015 5-Year ACS estimates.
The 2013 and 2014 gross rent estimates would be
adjusted to 2015 dollars using the metropolitan
area’s gross rent CPI adjustment factors.
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Small Area FMRs and the FMR levels
for specific areas. Due to its current
funding levels, HUD no longer has
sufficient resources to conduct local
surveys of rents to address comments
filed regarding the FMR levels for
specific areas. PHAs may continue to
fund such surveys independently, as
specified below, using administrative
fees if they so choose.) HUD continually
strives to calculate FMRs that meet the
statutory requirement of using ‘‘the most
recent available data’’ while also serving
as an effective program parameter.
PHAs or other interested parties
interested in requesting HUD
reevaluation of its FY 2018 FMRs, as
provided for under section 8(c)(1)(B) of
USHA, must follow the following
procedures:
1. By the end of the comment period,
such reevaluation requests must be
submitted publicly through
www.regulations.gov or directly to HUD
as described above. PHAs representing
at least half of the voucher tenants in
multijurisdictional areas must agree that
the re-evaluation is necessary.
2. In order for a reevaluation to occur,
the requestor(s) must supply HUD with
data more recent than the 2015
American Community Survey data used
in the calculation of the FY 2018 FMRs.
HUD requires data on gross rents paid
in the FMR area for standard quality
rental housing units. The data delivered
must be sufficient for HUD to calculate
a 40th and 50th percentile two-bedroom
rent. Should this type of data not be
available, requestors may gather this
information using the survey guidance
available at https://www.huduser.gov/
portal/datasets/fmr/NoteRevisedArea
SurveyProcedures.pdf and https://
www.huduser.gov/portal/datasets/fmr/
PrinciplesforPHA-ConductedAreaRent
Surveys.pdf.
3. On or about October 3, HUD will
post a list, at https://www.huduser.gov/
portal/datasets/fmr.html, of the areas
requesting reevaluations and where FY
2017 FMRs remain in effect.
4. Data for reevaluations must be
supplied to HUD no later than Friday
January 5, 2018. On Monday January 8,
2018, HUD will post at https://
www.huduser.gov/portal/datasets/
fmr.html a listing of the areas failing to
deliver data and making the FY 2018
FMRs effective in these areas.
5. HUD will use the data delivered by
January 5, 2018 to reevaluate the FMRs
and following the reevaluation, will
post revised FMRs with an
accompanying Federal Register notice
stating the revised FMRs are available,
which will include HUD responses to
comments filed during the comment
period.
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6. Any data supporting a change in
FMRs supplied after January 5, 2018
will be incorporated into FY 2019
FMRs.
7. PHAs operating in areas where the
calculated FMR is lower than the
published FMR (i.e., those areas where
HUD has limited the decrease in the
annual change in the FMR to 10
percent) may request payment standards
below the basic range (24 CFR
982.503(d)) and reference the
‘‘unfloored’’ rents (i.e., the unfinalized
FMRs calculated by HUD prior to
application of the 10-percent-decrease
limit) depicted in the FY 2018 FMR
Documentation System (available at:
https://www.huduser.gov/portal/
datasets/fmr.html#2018_query).
Questions on how to conduct FMR
surveys may be addressed to Marie L.
Lihn or Peter B. Kahn of the Economic
and Market Analysis Division, Office of
Economic Affairs, Office of Policy
Development and Research at HUD
headquarters, 451 7th Street SW., Room
8208, Washington, DC 20410; telephone
number 202–402–2409 (this is not a tollfree number), or they may be reached at
emad-hq@hud.gov.
For small metropolitan areas without
one-year ACS data and nonmetropolitan counties, HUD has
developed a method using mail surveys
that is discussed on the FMR Web page:
https://www.huduser.gov/portal/
datasets/fmr.html#fmrsurvey. This
method allows for the collection of as
few as 100 one-bedroom, two-bedroom
and three-bedroom recent mover
(tenants that moved in last 24 months)
units.
While HUD has not developed a
specific method for mail surveys in
areas with 1-year ACS data, HUD would
apply the standard established for
Random-Digit Dialing (RDD) telephone
rent surveys. HUD will evaluate these
survey results to determine whether
they would establish a new FMR
statistically different from the current
FMR, which means that the survey
confidence interval must not include
the FMR. The survey should collect
results based on 200 one-bedroom and
two-bedroom eligible recent mover units
to provide a small enough confidence
interval for significant results in large
market mail surveys. Areas with
statistically reliable 1-year ACS data are
not considered to be good candidates for
local surveys due to the size and
completeness of the ACS process.
Other survey methods are acceptable
in providing data to support
reevaluation requests if the survey
method can provide statistically
reliable, unbiased estimates of the gross
rent of the entire FMR area. In general,
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recommendations for FMR changes and
supporting data must reflect the rent
levels that exist within the entire FMR
area and should be statistically reliable.
PHAs in non-metropolitan areas may,
in certain circumstances, conduct
surveys of groups of counties. HUD
must approve all county-grouped
surveys in advance. PHAs are cautioned
that the resulting FMRs may not be
identical for the counties surveyed; each
individual FMR area will have a
separate FMR based on the relationship
of rents in that area to the combined
rents in the cluster of FMR areas. In
addition, PHAs are advised that in
counties where FMRs are based on the
combined rents in the cluster of FMR
areas, HUD will not revise their FMRs
unless the grouped survey results show
a revised FMR statistically different
from the combined rent level.
Survey samples should preferably be
randomly drawn from a complete list of
rental units for the FMR area. If this is
not feasible, the selected sample must
be drawn to be statistically
representative of the entire rental
housing stock of the FMR area. Surveys
must include units at all rent levels and
be representative by structure type
(including single-family, duplex, and
other small rental properties), age of
housing unit, and geographic location.
The current 5-year ACS data should be
used as a means of verifying if a sample
is representative of the FMR area’s
rental housing stock.
A PHA or contractor that cannot
obtain the recommended number of
sample responses after reasonable
efforts should consult with HUD before
abandoning its survey; in such
situations, HUD may find it appropriate
to relax normal sample size
requirements.
HUD has developed guidance on how
to provide data-supported comments on
Small Area FMRs using HUD’s special
tabulations of the distribution of gross
rents by bedroom unit size for ZIP Code
Tabulation Areas. This guidance is
available at https://www.huduser.gov/
portal/datasets/fmr.html in the FY 2018
FMR section and should be used by
interested parties in commenting on
whether or not the level of Small Area
FMRs are too high or too low (i.e., Small
Area FMRs that are larger than the gross
rent necessary to make 40 percent of the
units accessible for an individual zip
code or that are smaller than the gross
rent necessary to make 40 percent of the
units accessible for a given zip code).
HUD will post revised Small Area FMRs
after confirming commenters’
calculations.
As stated earlier in this notice, HUD
is required to use the most recent data
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available when calculating FMRs.
Therefore, in order to re-evaluate an
area’s FMR, HUD requires more current
rental market data than the 2015 ACS.
HUD encourages a PHA or other
interested party that believes the FMR
in their area is incorrect to file a
comment even if they do not have the
resources to provide market-wide rental
data. In these instances, HUD will use
the comments, should survey funding
be restored, when determining the areas
HUD will select for HUD-funded local
area rent surveys.
sradovich on DSK3GMQ082PROD with NOTICES
VII. Public Comments on the May 26,
2017 Proposed FMR Change Notice
As noted above, HUD received 22
comments on the Changes to
Methodology notice. Most of the
comments that addressed the proposed
methodology changes responded
favorably to the changes. Commenters
choosing to address these
methodological changes were
‘‘cautiously optimistic’’ about these
changes. However, one commenter
specifically opposed the use of ‘‘all
bedroom’’ rents for the recent mover
factor while another commenter
specifically supports the use of ‘‘all
bedroom’’ recent mover rents.
Based on the limited comments
received on the proposed methodology
changes, which are generally favorable
to HUD’s proposed changes, HUD has
decided to implement each of the
proposed methodological changes in the
calculation of the FY 2018 FMRs.
The following summaries of
comments and responses also include
responses to other comments regarding
the calculation of FMRs that were not
responsive to the specific methodology
changes.
A. Timeliness and Data Sources
Comments: A significant number of
commenters offered comments on the
timeliness of the data HUD uses in the
calculation of FMRs and urged HUD to
consider conducting local surveys or
otherwise compile its own source of
national survey data.
HUD Response: Generally, HUD uses
the American Community Survey (ACS)
as the primary source of data to
calculate FMRs. The ACS is the only
known source of data from which HUD
may calculate a 40th percentile gross
rent paid by recent movers in each FMR
area. For the FY 2018 FMRs, the most
current ACS data was collected in 2015.
The 2015 survey responses are
aggregated and analyzed by the Census
Bureau during 2016 and are released in
September and December 2016. There is
no more current data on the level of
gross rents paid available during 2017
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when HUD is calculating the FMRs for
the upcoming fiscal year.
HUD augments the data on gross rents
paid collected through the ACS by the
change in gross rents measured through
the Consumer Price Index (CPI) which
captures the change in gross rents
between 2015 and 2016. In order to
measure the change in gross rents, HUD
constructs a gross rent index using 2 CPI
components—Rent of Primary
Residence, and Housing—Fuels and
Utilities. These gross rent change factors
are calculated for local metropolitan
areas and where metropolitan data does
not exist, HUD uses data available at the
Census regional level. The local data
utilized in this process covers
approximately 46 percent of the
national population.
Finally, for FY 2018, HUD continues
to use HUD’s nationwide forecast of
expected growth in gross rents. HUD
continues to explore forecasting
expected changes in gross rents for
metropolitan areas; however, HUD has
yet to generate forecasts that
consistently provide better estimates
across all localities. While HUD
continues to improve the quality of its
local forecasts, HUD will explore if
other sources of data provide more
timely update factors than those
calculated from the CPI.
HUD has carefully considered the
comments concerning HUD conducting
local rent surveys. The Federal
Government currently makes a
significant investment in collecting
socio-economic data through the Census
Bureau’s American Community Survey.
Since the ACS is the replacement for the
decennial census long form survey,
households receiving the survey are
compelled to complete it; consequently,
the ACS has far superior response rates
and quality controls embedded in the
data processing than HUD could achieve
in any survey program it could
construct. Therefore, HUD believes that
is a waste of Federal resources to
duplicate the efforts of the ACS.
Comment: HUD’s FMRs should be
calculated based on average rents per
square foot with adjustments for local
rental market conditions.
HUD Response: Average rent per
square foot may be a commonly
available statistic in some markets and
may provide some additional
information regarding rental market
conditions in those markets; however,
without the underlying data used to
calculate the average rent per square
foot statistic, HUD is unable to calculate
a 40th or 50th percentile rent.
Furthermore, attempting to incorporate
rent per square foot metrics into the
FMR calculations would introduce
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additional complications in determining
gross rents.
Comment: Multiple commenters
suggested that HUD use data from
Comprehensive Housing Market
Analysis reports conducted by HUD’s
field economists in the FMR
calculations.
HUD Response: The data used in
HUD’s Comprehensive Housing Market
Analysis reports generally captures
asking rents for newly constructed Class
A rental units in large housing
complexes. These data are not
appropriate for setting Fair Market Rents
for several reasons. First, asking rents
typically do not equate to recent mover
gross rent paid. Additionally, Class A
apartment rental rates are generally not
representative of the gross rents
available across the entire rental stock of
an FMR area. However, as stated earlier,
HUD will investigate if there are more
current and local sources of data that
could replace the CPI based update
factors currently used in the FMR
calculations.
B. Comments on Proposed Changes
Comment: The changes to the
calculation of Small Area FMRs directly
from the ZCTA data are welcomed;
however, HUD should aggregate ZCTAs
to get to a statistically reliable estimate
rather than move to the county level
ratios.
HUD Response: HUD’s use of the
county level ratios as a proxy for the
ZCTA level FMRs when there is not
statistically reliable data is in line with
HUD’s policy for moving to the next
higher encompassing geography for
calculating FMRs. Aggregating ZCTAs
presents a myriad of challenges that
cannot be addressed quickly. HUD will
study what options may be available for
proxies to ZCTA level rents when the
ZCTA data are not statistically reliable.
If HUD finds a suitable method, HUD
will propose this in a future notice of
proposed FMR changes.
Comment: Several commenters
suggested that following a successful
FMR ‘‘appeal’’, HUD should
immediately move to change a PHA’s
HAP amount.
HUD Response: HUD incorporates all
of the reevaluated FMRs in the first
calculation of Renewal Funding
Inflation Factors following the effective
date of the reevaluated FMRs.
Comment: HUD should review the
bedroom ratio calculations, with a
specific review of the 3-bedroom and 4bedroom bonuses incorporated into the
bedroom ratio calculations.
HUD Response: HUD updates the
bedroom ratio calculations each year,
incorporating the most current ACS data
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sradovich on DSK3GMQ082PROD with NOTICES
into the process. The ratios are bounded
and limited so that standard
relationships are maintained (i.e. 0bedroom ratios are not larger than 1bedroom ratios, etc.). HUD maintains
that its policy of providing bonuses for
3- and 4-bedroom units allows voucher
families to be more competitive for
these scarce larger rental dwelling units.
PHAs not having difficulty placing
families in large units may use payment
standard flexibility to set 3- and 4bedroom payment standards lower
relative to the FMRs than other payment
standards, or use the unadjusted 3- and
4-bedroom FMRs as the basis for
exception payment standard requests of
less than 90 percent of these FMRs.
Comment: Several commenters
suggested that HUD should do a better
job of forward trending FMR estimates.
HUD Response: As stated earlier,
HUD continues to refine its forecasting
of expected changes in gross rents at the
metropolitan area level. In addition,
HUD will explore the use of alternative
measures of rental market growth that
may be available.
C. Other Issues
Comment: The geographic area
definitions used in certain areas of
Puerto Rico are not contiguous and
should be reviewed. Once the area
definitions are reviewed, the comment
requests HUD to undertake local rent
surveys for the new areas and publish
FMRs based on these new areas and
survey data. Furthermore, the
commenter expressed concern about the
high cost of utilities not being
incorporated into the FMRs.
HUD Response: HUD will review the
area definitions in Puerto Rico and will
determine if sufficient data exists within
the Puerto Rico Community Survey
(PRCS) to allow HUD to adjust the
discontiguous areas. If changes are
possible, HUD will propose them in a
future FMR methodology change
Federal Register notice. HUD is reliant
on the PRCS data as HUD does not have
the funding necessary to conduct its
own local rent surveys. In past years,
HUD incorporated an additional utility
cost adjustment into the calculation of
FMRs; however, the Consumer Price
Index (CPI) data collected within Puerto
Rico never measured an increase in
expenditures in fuels and utilities
associated with housing. HUD is using
CPI data collected in Puerto Rico
through the end of 2016, which includes
the December 2016 electricity costs
cited by the commenter.
Comment: Single Room Occupancy
Rents in New Hampshire are too low.
HUD Response: HUD regulations at 24
CFR 888.113(f)(2) set the Single Room
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Occupancy FMR at 75 percent of the 0bedroom FMR. HUD updates the
bedroom ratios used to calculate the
0-, 1-, 3-, and 4-bedroom FMRs annually
using the most current data available.
Comment: The FMRs and Small Area
FMRs are too high. Data was submitted
to waive the use of these FMRs, but no
response from HUD has been received.
HUD Response: This is likely a Public
Housing Flat Rent exception rent
request which is not handled by the
HUD office that calculates FMRs. Public
Housing Flat Rent exception rent
requests are processed by HUD’s Office
of Public and Indian Housing. HUD
recommends the commenter reach out
to their local PIH representative for a
status update.
VIII. Environmental Impact
This Notice involves the
establishment of FMR schedules, which
do not constitute a development
decision affecting the physical
condition of specific project areas or
building sites. Accordingly, under 24
CFR 50.19(c)(6), this Notice is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Accordingly, the Fair Market Rent
Schedules, which will not be codified in
24 CFR part 888, are available at https://
www.huduser.gov/portal/datasets/
fmr.html.
Dated: August 22, 2017.
Todd M. Richardson,
Deputy Assistant, Secretary, Office of Policy
Development, Office of Policy Development
and Research.
Fair Market Rents for the Housing
Choice Voucher Program
Schedule B—General Explanatory Notes
1. Geographic Coverage
a. Metropolitan Areas—Most FMRs
are market-wide rent estimates that are
intended to provide housing
opportunities throughout the geographic
area in which rental-housing units are
in direct competition. HUD is using the
metropolitan CBSAs, which are made
up of one or more counties, as defined
by OMB, with some modifications. HUD
is generally assigning separate FMRs to
the component counties of CBSA
Micropolitan Areas.
b. Modifications to OMB
Definitions—Following OMB guidance,
the estimation procedure for the FY
2018 FMRs incorporates the OMB
definitions of metropolitan areas based
on the CBSA standards as implemented
with 2000 Census data and updated by
the 2010 Census in February 28, 2013.
The adjustments made to the 2000
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
definitions to separate subparts of these
areas where FMRs or median incomes
would otherwise change significantly
are continued. To follow HUD’s policy
of providing FMRs at the smallest
possible area of geography, no counties
were added to existing metropolitan
areas due to recent updates in
metropolitan area definitions. All
counties added to metropolitan areas by
the CBSA will still be treated as separate
counties for FMR calculations; that is,
the rents from a county that is a sub-area
will not be used in the remaining
metropolitan sub-area rent
determination. All metropolitan areas
that have been subdivided by HUD will
use ACS data which conforms to HUD’s
area definition if statistically reliable
information exists. If statistically
reliable data for the HUD defined area
is not available, HUD uses information
from larger encompassing geographies,
as described elsewhere in this notice.
The specific counties and New
England towns and cities within each
state in MSAs and HMFAs were not
changed by the February 28, 2013 OMB
metropolitan area definitions. These
areas are listed in Schedule B, available
online at https://www.huduser.gov/
portal/datasets/fmr.html.
2. Unit Bedroom Count Adjustments
Schedule B, available at https://
www.huduser.gov/portal/datasets/
fmr.html, shows the FMRs for zerobedroom through four-bedroom units.
The Schedule B addendum shows Small
Area FMRs for all PHAs operating using
Small Area FMRs (please see section V
of this notice for a list of participating
PHAs). The FMRs for unit sizes larger
than four bedrooms may be calculated
by adding 15 percent to the fourbedroom FMR for each extra bedroom.
For example, the FMR for a fivebedroom unit is 1.15 times the fourbedroom FMR, and the FMR for a sixbedroom unit is 1.30 times the fourbedroom FMR. FMRs for single-roomoccupancy (SRO) units are 0.75 times
the zero-bedroom FMR.
3. Arrangement of FMR Areas and
Identification of Constituent Parts
a. The FMR areas in the online
Schedule B are listed alphabetically by
metropolitan FMR area and by nonmetropolitan county within each state
and are available at https://
www.huduser.gov/portal/datasets/
fmr.html.
b. The constituent counties (and New
England towns and cities) included in
each metropolitan FMR area are listed
immediately following the listings of the
FMR dollar amounts. All constituent
parts of a metropolitan FMR area that
E:\FR\FM\01SEN1.SGM
01SEN1
41645
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices
are in more than one state can be
identified by consulting the listings for
each applicable state.
c. Two non-metropolitan counties are
listed alphabetically on each line of the
non-metropolitan county listings.
d. The New England towns and cities
included in a non-metropolitan county
are listed immediately following the
county name.
[FR Doc. 2017–18431 Filed 8–31–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R3–ES–2017–N100;
FXES11130300000–178–FF03E00000]
Endangered and Threatened Wildlife
and Plants; Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for a permit to conduct activities
intended to enhance the survival of
endangered or threatened species.
Federal law prohibits certain activities
with endangered species unless a permit
is obtained.
SUMMARY:
Application No.
TE36875C .......
We must receive any written
comments on or before October 2, 2017.
ADDRESSES: Send written comments by
U.S. Mail to the Regional Director, Attn:
Carlita Payne, U.S. Fish and Wildlife
Service, Ecological Services, 5600
American Blvd. West, Suite 990,
Bloomington, MN 55437–1458; or by
electronic mail to permitsR3ES@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Carlita Payne, (612) 713–5343.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, invite
the public to comment on the following
applications for a permit to conduct
activities intended to enhance the
survival of endangered or threatened
species. Federal law prohibits certain
activities with endangered species
unless a permit is obtained.
DATES:
Background
The Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.;
ESA), prohibits certain activities with
endangered and threatened species
unless the activities are specifically
authorized by a Federal permit. The
ESA and our implementing regulations
in part 17 of title 50 of the Code of
Federal Regulations (CFR) provide for
the issuance of such permits and require
that we invite public comment before
issuing permits for activities involving
endangered species.
A permit granted by us under section
10(a)(1)(A) of the ESA authorizes the
Applicant
Species
New.
Capture, handle, release.
Amend,
renew.
Conduct presence/ ......
absence surveys .........
Capture, handle, release.
New.
Conduct presence/ ......
absence surveys .........
Harass, use
bird call recordings.
New.
Rusty patched bumble bee
(Bombus affinis), Dakota
skipper (Hesperia
dacotae), poweshiek
skipperling (Oarisma
poweshiek).
TE40247C .......
Minnesota Department
of Natural Resources, Saint Paul,
MN.
G.E.I. Consultants,
Inc., Green Bay, WI.
Rusty patched bumble bee
(Bombus affinis).
Illinois, Indiana, Iowa,.
Maine, Massachusetts,
Minnesota,.
Ohio, Virginia,
Wisconsin.
Minnesota ......
sradovich on DSK3GMQ082PROD with NOTICES
17:53 Aug 31, 2017
Jkt 241001
Kirtland’s warbler (Setophaga
kirtlandii).
Minnesota ......
Wisconsin ......
normal business hours at the address
listed in ADDRESSES.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
PO 00000
Frm 00059
Permit
action
Capture, handle, release.
Capture, handle, release.
SWCA Inc., Bismarck,
ND.
VerDate Sep<11>2014
Proposed activities in the following
permit requests are for the recovery and
enhancement of survival of the species
in the wild.
Conduct presence/ ......
absence surveys .........
Conduct presence/ ......
absence surveys, document habitat use.
Conduct presence/ ......
absence surveys .........
TE64070B .......
We seek public review and comments
on these permit applications. Please
refer to the permit number when you
submit comments. Comments and
materials we receive in response to this
notice are available for public
inspection, by appointment, during
Permit Applications
Type of take
Indiana ...........
Public Availability of Comments
We invite local, State, Tribal, and
Federal agencies and the public to
comment on the following applications.
Please refer to the permit number when
you submit comments. Documents and
other information the applicants have
submitted with the applications are
available for review, subject to the
requirements of the Privacy Act (5
U.S.C. 552a) and Freedom of
Information Act (5 U.S.C. 552).
Activity
Rusty patched bumble bee
(Bombus affinis).
Rusty patched bumble bee
(Bombus affinis).
TE41469C .......
Applications Available for Review and
Comment
Location
Gregory Gerke, Carmel, IN.
Emilie Snell-Rood,
Saint Paul, MN.
TE37601C .......
permittee to conduct activities with U.S.
endangered or threatened species for
scientific purposes, enhancement of
propagation or survival, or interstate
commerce (the latter only in the event
that it facilitates scientific purposes or
enhancement of propagation or
survival). Our regulations implementing
section 10(a)(1)(A) of the ESA for these
permits are found at 50 CFR 17.22 for
endangered wildlife species, 50 CFR
17.32 for threatened wildlife species, 50
CFR 17.62 for endangered plant species,
and 50 CFR 17.72 for threatened plant
species.
Fmt 4703
Sfmt 4703
New.
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
E:\FR\FM\01SEN1.SGM
01SEN1
Agencies
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41637-41645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18431]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6021-N-02]
Fair Market Rents for the Housing Choice Voucher Program,
Moderate Rehabilitation Single Room Occupancy Program, and Other
Programs Fiscal Year 2018 and Adoption of Methodology Changes for
Estimating Fair Market Rents
AGENCY: Office of the Assistant Secretary for Policy Development and
Research, HUD.
ACTION: Notice of Fiscal Year (FY) 2018 Fair Market Rents (FMRs) and
adoption of methodology changes for estimating FMRs.
-----------------------------------------------------------------------
SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937
(USHA), as amended by the Housing Opportunities Through Modernization
Act of 2016 (HOTMA), requires the Secretary to publish FMRs not less
than annually, adjusted to be effective on October 1 of each year.
Section 8(c)(1)(B) of USHA, as amended by HOTMA, requires that HUD
publish for comment a notice of proposed material changes in the
methodology for estimating FMRs and a notice containing HUD's final
decisions regarding such proposed substantial methodological changes.
On May 26, 2017, HUD published a notice proposing changes to the
methodology used for estimating FMRs and requested public comment.
This notice adopts HUD's May 26, 2017 proposed material changes to
the methodology for estimating FMRs and notifies interested parties
that FY 2018 FMRs are available at www.huduser.gov. This notice also
describes the methods used to calculate the FY 2018 FMRs and enumerates
the procedures for Public Housing Agencies (PHAs) and other interested
parties to request reevaluations of their FMRs as required by HOTMA.
Lastly, this notice responds to public comments HUD received on its May
26, 2017 notice.
DATES:
Comment Due Date: October 2, 2017.
Applicability Date: October 2, 2017 unless HUD receives a request
for reevaluation of specific area FMRs as described below.
ADDRESSES: HUD invites interested persons to submit comments regarding
the FMRs and to request reevaluation of the FY 2018 FMRs to the
Regulations Division, Office of General Counsel, Department of Housing
and Urban Development, 451 Seventh Street SW., Room 10276, Washington,
DC 20410-0001. Communications must refer to the above docket number and
title and should contain the information specified in the ``Request for
Comments/Request for Reevaluation'' section. There are two methods for
submitting public comments.
1. Submission of Comments by Mail. Comments or requests for
reevaluation 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 or reevaluation requests, HUD recommends that
comments or requests submitted by mail be submitted at least two weeks
in advance of the deadline. HUD will make all comments or reevaluation
requests received by mail available to the public at https://www.regulations.gov.
2. Electronic Submission of Comments. Interested persons may submit
comments or reevaluation requests electronically through the Federal
eRulemaking Portal at https://www.regulations.gov. HUD strongly
encourages commenters to submit comments or reevaluation requests
electronically. Electronic submission of comments or reevaluation
requests allows the author maximum time to prepare and submit a comment
or reevaluation request, ensures timely receipt by HUD, and enables HUD
to make them immediately available to the public. Comments or
reevaluation requests submitted electronically through the https://www.regulations.gov Web site can be viewed by other submitters and
interested members of the public. Commenters or reevaluation requestors
should follow instructions provided on that site to submit comments or
reevaluation requests electronically.
Note: To receive consideration as public comments or
reevaluation requests, comments or requests must be submitted
through one of the two methods specified above. Again, all
submissions must refer to the docket number and title of the notice.
No Facsimile Comments or Reevaluation Requests. Facsimile (FAX)
comments or requests for FMR reevaluation are not acceptable.
Public Inspection of Public Comments and Reevaluation Requests. All
properly submitted comments and reevaluation requests and
communications regarding this notice 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 and
reevaluation requests must be scheduled by calling the Regulations
Division at 202-708-3055 (this is not a toll-free number). Individuals
with speech or hearing impairments may access this number through TTY
by calling the Federal Relay Service at 800-877-8339 (toll-free
number). Copies of all comments and reevaluation requests submitted are
available for inspection and downloading at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For technical information on the
methodology used to develop FMRs or a listing of all FMRs, please call
the HUD USER information line at 800-245-2691 or access the information
on the HUD USER Web site https://www.huduser.gov/portal/datasets/fmr.html. FMRs are listed at the 40th or 50th percentile in Schedule B.
For informational purposes, 40th percentile rents for the areas with
50th percentile FMRs will be provided in the HUD FY 2018 FMR
documentation system at https://www.huduser.gov/portal/datasets/fmr.html#2018_query and 50th percentile rents for all FMR areas will be
published at https://www.huduser.gov/portal/datasets/50per.html.
Questions related to use of FMRs or voucher payment standards
should be directed to the respective local HUD program staff. Questions
on how to conduct FMR surveys may be addressed to Marie L. Lihn or
Peter B. Kahn of the Economic and Market Analysis Division, Office of
Economic Affairs, Office of Policy Development and Research at HUD
headquarters, 451 7th Street SW., Room 8208, Washington, DC 20410;
telephone number 202-402-2409 (this is not a toll-free number), or they
may be reached at emad-hq@hud.gov. Persons with hearing or speech
impairments may access HUD numbers through TTY by calling the Federal
Relay Service at 800-877-8339 (toll-free number).
Electronic Data Availability. This Federal Register notice will be
available electronically from the HUD User page at https://www.huduser.gov/portal/datasets/fmr.html. Federal Register notices also
are available electronically from https://www.federalregister.gov/
[[Page 41638]]
the U.S. Government Printing Office Web site. Complete documentation of
the methods and data used to compute each area's FY 2018 FMRs is
available at https://www.huduser.gov/portal/datasets/fmr.html#2018_query. FY 2018 FMRs are available in a variety of
electronic formats at https://www.huduser.gov/portal/datasets/fmr.html.
FMRs may be accessed in PDF as well as in Microsoft Excel. Small Area
FMRs based on FY 2018 Metropolitan Area Rents for the Dallas, TX HUD
Metro FMR Area are available in Microsoft Excel format at the same web
address. Small Area FMRs for all other metropolitan FMR areas are
available at: https://www.huduser.gov/portal/datasets/fmr/smallarea/.
SUPPLEMENTARY INFORMATION:
I. Background
Section 8 of the USHA (42 U.S.C. 1437f) authorizes housing
assistance to aid lower-income families in renting safe and decent
housing. Housing assistance payments are limited by FMRs established by
HUD for different geographic areas. In the Housing Choice Voucher (HCV)
program, the FMR is the basis for determining the ``payment standard
amount'' used to calculate the maximum monthly subsidy for an assisted
family. See 24 CFR 982.503. HUD also uses the FMRs to determine initial
renewal rents for some expiring project-based Section 8 contracts,
initial rents for housing assistance payment contracts in the Moderate
Rehabilitation Single Room Occupancy program, rent ceilings for rental
units in both the HOME Investment Partnerships program and the
Emergency Solution Grants program, calculation of maximum award amounts
for Continuum of Care recipients and the maximum amount of rent a
recipient may pay for property leased with Continuum of Care funds, and
calculation of flat rents in Public Housing units. In general, the FMR
for an area is the amount that would be needed to pay the gross rent
(shelter rent plus utilities) of privately owned, decent, and safe
rental housing of a modest (non-luxury) nature with suitable amenities
and is typically set at the 40th percentile of the distribution of
gross rents. HUD's FMR calculations represent HUD's best effort to
estimate the 40th percentile gross rents paid by recent movers into
standard quality units in each FMR area. In addition, all rents
subsidized under the HCV program must meet reasonable rent standards.
As of October 2, 2000 (65 FR 58870), HUD required FMRs to be set at
the 50th percentile for areas where HUD determined higher FMRs were
needed to help families assisted under certain HUD programs find and
lease decent and affordable housing. On November 16, 2016 (81 FR
80567), HUD published a Final Rule entitled ``Establishing a More
Effective Fair Market Rent System; Using Small Area Fair Market Rents
in the Housing Choice Voucher Program Instead of the Current 50th
Percentile FMRs'' (Small Area FMR final rule), with an effective date
of January 17, 2017. The Small Area FMR final rule eliminates the 50th
percentile FMR provisions in the FMR regulations (24 CFR 888.113)\1\
and provides that areas currently designated as 50th percentile areas
remain 50th percentile areas until their current 3-year eligibility
period expires. At the end of the 3-year eligibility period, these
areas revert to 40th percentile FMR status. (If they meet the
deconcentration criteria specified in 24 CFR 982.503(f), available at:
https://www.gpo.gov/fdsys/pkg/CFR-2016-title24-vol4/pdf/CFR-2016-title24-vol4-sec982-503.pdf, they may petition HUD to maintain payment
standards based on 50th percentile rents on that basis.)
---------------------------------------------------------------------------
\1\ Separately from the Small Area FMR regulations, HUD also
calculates and published 50th percentile rent estimates for the
purposes of Success Rate Payment Standards as defined at 24 CFR
982.503(e) (estimates available at: https://www.huduser.gov/portal/datasets/50per.html), which policy was not changed by the Small Area
FMR rule.
---------------------------------------------------------------------------
The following areas completed their 3 years of 50th percentile
eligibility in FY 2017 and will revert to 40th percentile FMR status in
FY 2018:
FY 2017 50th-Percentile FMR Areas Reverting to 40th Percentile FMRs in
FY 2018
------------------------------------------------------------------------
---------------------------------------------------------------------------
Albuquerque, NM Metropolitan Statistical Area (MSA).
Chicago-Joliet-Naperville, IL HUD Metro FMR Area.
Denver-Aurora-Broomfield, CO MSA.
Hartford-West Hartford-East Hartford, CT HUD Metro FMR Area.
Urban Honolulu, HI MSA.
Kansas City, MO-KS HUD Metro FMR Area.
Milwaukee-Waukesha-West Allis, WI MSA.
Riverside-San Bernardino-Ontario, CA MSA.
Tacoma, WA HUD Metro FMR Area.
Virginia Beach-Norfolk-Newport News, VA-NC MSA.
------------------------------------------------------------------------
The following is a list of FMR areas that retain 50th percentile
FMRs for FY 2018, along with the year that they will revert to 40th
percentile status:
FY 2018 50th-Percentile FMR Areas and Year of Reversion to 40th
Percentile FMRs
------------------------------------------------------------------------
------------------------------------------------------------------------
Bergen-Passaic, NJ HUD Metro FMR Area........................ 2020
Baltimore-Columbia-Towson, MD MSA............................ 2019
Philadelphia-Camden-Wilmington, PA-NJ-DE-MD.................. 2019
San Diego-Carlsbad-San Marcos, CA MSA........................ 2020
Spokane, WA HUD Metro FMR Area............................... 2020
Washington, DC-VA-MD HUD Metro FMR Area...................... 2019
West Palm Beach-Boca Raton, FL HUD Metro FMR Area............ 2019
------------------------------------------------------------------------
II. Procedures for the Development of FMRs and Changes in FMR
Methodology
Section 8(c)(1) of the USHA, as amended by HOTMA (Pub. L. 114-201,
approved July 29, 2016), requires the Secretary of HUD to publish FMRs
not less than annually. Section 8(c)(1)(A) states that each FMR ``shall
be adjusted to be effective on October 1 of each year to reflect
changes, based on the most recent available data trended so the rentals
will be current for the year to which they apply . . .'' Section
8(c)(1)(B) requires that HUD publish, not less than annually, new FMRs
on the World Wide Web or in any other manner specified by the
Secretary, and that HUD must also notify the public of when it
publishes FMRs by Federal Register notice. After notification, the FMRs
``shall become effective no earlier than 30 days after the date of such
publication,'' and HUD must provide a procedure for the public to
comment and request a reevaluation of the FMRs in a jurisdiction before
the FMRs become effective. Consistent with the statute, HUD is issuing
this notice to notify the public that FY 2018 FMRs are available at
https://www.huduser.gov/portal/datasets/fmr.html and will become
effective on October 2, 2017. This notice also provides procedures for
FMR reevaluation requests.
In addition, Section 8(c)(1)(B) of the USHA, as amended by HOTMA,
requires that HUD publish for comment in the Federal Register a notice
of proposed material changes in the methodology for estimating FMRs and
a notice containing HUD's final decisions regarding such proposed
substantial methodological changes and responses to public comments. On
May 26, 2017 (82 FR 24377), HUD published a Federal Register notice
proposing changes to the methodology used to calculate FMRs (Changes to
Methodology notice) with a comment period that ended on June 26, 2017.
This notice contains HUD's final decisions on the proposed changes to
[[Page 41639]]
the FMR methodology and responses to public comments.
In the Changes to Methodology notice, HUD proposed several
methodological changes in the way that HUD calculates FMRs. Most of the
changes focused on the way HUD assessed the statistical quality of the
ACS estimates or on using as much local information as possible when
calculating FMRs. The proposed changes were as follows:
Add a ``number of observations'' criterion to the existing
margin of error criterion when assessing the statistical reliability of
ACS estimates.
Use ``all-bedroom'' rents when calculating the recent
mover factor when the two-bedroom rents are not statistically reliable
before moving to a larger encompassing geography's two-bedroom recent
mover rents for this factor.
Calculate Small Area FMRs directly, rather than using the
ratio method, when statistically reliable information at the ZIP Code
Tabulation Area (ZCTA) level is available. The ratio method would still
be used when statically reliable data was not available for individual
ZCTAs.
Link ZCTAs to the smallest metropolitan area available as
their parent FMR area for the ratio method rather than defaulting to
the Office of Management and Budget (OMB)--defined metropolitan area as
the parent. This would allow HUD to take advantage of the differing
recent mover factors available across subdivided OMB metropolitan areas
(areas labeled as HUD Metro FMR Areas).
In response to the Changes to Methodology notice, a total of 22
individual comments were received and posted on the Regulations.gov
site at https://www.regulations.gov/docket?D=HUD-2017-0033. Most of the
comments that addressed the proposed methodology changes responded
favorably to the changes. HUD provides responses to the public comments
received later in this preamble (see section VII below). After
considering all public comments received, HUD has decided to adopt all
of the proposed methodology changes. HUD calculated the FY 2018 FMRs
using the revised methodology incorporating the adopted changes.
III. FMR Methodology
This section provides a brief overview of how HUD computes the FY
2018 FMRs. For complete information on how HUD determines FMR areas,
and on how HUD derives each area's FMRs, see the online documentation
at https://www.huduser.gov/portal/datasets/fmr.html#2018_query.
In conjunction with the use of 2015 American Community Survey (ACS)
data, HUD has implemented the following geography changes: Effective
May 1, 2015, Shannon County, South Dakota (state code 46, county code
113) changed its name to Oglala Lakota County, South Dakota (state code
46, county code 102) and effective July 1, 2015, the Wade Hampton
Census Area, Alaska (state code 02, county code 270) changed its name
to the Kusilvak Census Area, Alaska (state code 02, county code 158).
A. Base Year Rents
For FY 2018 FMRs, HUD updates the base rents using the U.S. Census
Bureau's 5-year ACS data collected between 2011 through 2015 (released
in December of 2016). One of the changes proposed in the Changes to
Methodology notice and adopted in this notice addresses the statistical
reliability of the ACS data used in the FMR calculations. In prior
years, HUD used ACS estimates where the margin of error of the estimate
is less than half the size of the estimate itself. For FY 2018 FMRs,
HUD now pairs this ``margin of error'' test with an additional test
based on the number of survey observations supporting the estimate. The
Census Bureau does not provide HUD with an exact count of the number of
observations supporting the ACS estimate; rather, the Census Bureau
provides HUD with categories of the number of survey responses
underlying the estimate, including whether the estimate is based on
more than 100 observations. Using these categories, HUD requires that,
in addition to the ``margin of error'' test, ACS rent estimates must be
based on at least 100 observations in order to be used as base rents.
For areas in which the 5-year ACS data for two-bedroom, standard
quality gross rents do not pass the statistical reliability tests
(i.e., have a margin of error ratio greater than 50 percent or fewer
than 100 observations), HUD will use an average of the base rents over
the three most recent years (provided that there is data available for
at least two of these years),\2\ or if such data is not available,
using the two-bedroom rent data within the next largest geographic
area, which for a non-metropolitan area would be the state non-metro
area rent data.
---------------------------------------------------------------------------
\2\ For FY 2018, the three years of ACS data in question are
2013, 2014 and 2015. The 2013 data are adjusted to be denominated in
2015 dollars using the growth in CPI-based gross rents measured
between 2013 and 2015. Similarly, the 2014 gross rent data is
adjusted to 2015 denominated dollars using the growth in CPI-based
gross rents measured between 2014 and 2015.
---------------------------------------------------------------------------
HUD has updated base rents each year based on new 5-year data since
FY 2012, for which HUD used 2005-2009 ACS data. HUD is also updating
base rents for Puerto Rico FMRs using the 2011-2015 Puerto Rico
Community Survey (PRCS); HUD first updated the Puerto Rico base rents
in FY 2014 based on 2007-2011 PRCS data collected through the ACS
program.
HUD historically based FMRs on gross rents for recent movers (those
who have moved into their current residence in the last 24 months)
measured directly. However, due to the way Census constructs the 5-year
ACS data, HUD developed a new method for calculating recent-mover FMRs
in FY 2012, which HUD continues to use in FY 2018: HUD assigns all
areas a base rent, which is the two-bedroom standard quality 5-year
gross rent estimate from the ACS; then, because HUD's regulations
mandate that FMRs must be published as recent mover gross rents, HUD
applies a recent mover factor to the base rents assigned from the 5-
year ACS data.\3\ The calculation of the recent mover factor is
described below.
---------------------------------------------------------------------------
\3\ HUD's regulations incorporate recent mover data into FMR
calculations because the gross rents of those who most recently
moved into their units likely depicts the most current market
conditions observable through the ACS. Rents paid by renters
renewing existing leases may not reflect the most current market
conditions, in part because these renters may have clauses within
their leases that predetermine the annual increases in rents paid
(i.e., rent escalator clauses).
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B. Recent Mover Factor
Following the assignment of the standard quality two-bedroom rent
described above, HUD applies a recent mover factor to these rents. HUD
calculates the recent mover factor as the change between the 5-year
2011-2015 standard quality two-bedroom gross rent and the 1 year 2015
recent mover gross rent for the recent mover factor area. HUD does not
allow recent mover factors to lower the standard quality base rent;
therefore, if the 5-year standard quality rent is larger than the
comparable 1-year recent mover rent, the recent mover factor is set to
1.
The calculation of the recent mover factor for FY 2018 contains
several modifications that were proposed in the Changes to Methodology
notice, and are now being adopted. The first change is the addition of
a new test to determine the statistical reliability of the 1-year ACS
recent mover data. The margin of error test is now paired with a count
of observations test, similar to the test used for base rent data.
Therefore, in order for a recent mover gross rent estimate to be
[[Page 41640]]
considered statistically reliable, the estimate must have a margin of
error ratio that is less than 50 percent, and the estimate must be
based on 100 or more observations.
The second change incorporated into the FY 2018 recent mover factor
calculation concerns the data used when an FMR area does not have
statistically reliable two-bedroom recent mover data. In this
circumstance, if the ``all-bedroom'' \4\ 1-year recent mover ACS data
for the FMR area is statistically reliable, HUD will use the ``all-
bedroom'' data to calculate the recent mover factor instead of using
two-bedroom data from the next larger geography. Incorporating ``all-
bedroom'' rents into the recent mover factor calculation when
statistically reliable two-bedroom data is not available preserves the
use of local information to the greatest extent possible.
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\4\ ``All-bedroom'' refers to estimates aggregated together
regardless of the number of bedrooms in the dwelling unit.
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However, where statistically reliable ``all-bedroom'' data is not
available, HUD will continue to base FMR areas' recent mover factors on
larger geographic areas, following the same procedures as in FY 2017:
HUD tests data from differently sized geographic areas in the following
order (from small to large), and bases the recent mover factor on the
first statistically reliable sample size.
For metropolitan areas that are subareas of larger
metropolitan areas, the order is the FMR area, metropolitan area,
aggregated metropolitan parts of the state, and state.
For metropolitan areas that are not divided, the order is
the FMR area, aggregated metropolitan parts of the state, and state.
In non-metropolitan areas, the order is the FMR area,
aggregated non-metropolitan parts of the state, and state.
The process for calculating each area's recent mover factor is
detailed in the FY 2018 FMR documentation system available at: https://www.huduser.gov/portal/datasets/fmr.html#2018_query. Applying the
recent mover factor to the standard quality base rent produces an ``as
of'' 2015 recent mover two-bedroom base gross rent for the FMR area.
C. Other Rent Survey Data
HUD calculated base rents for the insular areas using the 2010
decennial census of American Samoa, Guam, the Northern Mariana Islands,
and the Virgin Islands beginning with the FY 2016 FMRs.\5\ This 2010
base year data was updated to 2013 for the FY 2016 FMRs and is updated
through 2015 for the FY 2018 FMRs using national ACS data.
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\5\ The ACS is not conducted in the Pacific Islands (Guam,
Northern Marianas and American Samoa) or the US Virgin Islands. As
part of the 2010 Decennial Census, the Census Bureau conducted
``long-form'' sample surveys for these areas. The results gathered
by this long form survey have been incorporated into the FY 2018
FMRs.
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HUD does not use ACS data to establish the base rent or recent
mover factor for 12 areas where the FY 2018 FMR was adjusted based on
survey data:
Survey data collected in 2014 is used to adjust the FMRs
for three non-metropolitan counties in Vermont (Bennington County,
Windham County and Windsor County).
Survey data from 2015 is used to adjust the FMRs for
Portland, OR and Oakland, CA.
Survey data from 2016 is used to adjust the FMRs for
Burlington, VT; Kauai County, HI; Maui County, HI; San Francisco, CA;
Portland, ME; and Vallejo-Fairfield, CA.
Survey data from 2017 is used to adjust the FMR for Santa
Rosa, CA.
For larger metropolitan areas that have valid ACS one-year recent
mover data, survey data may not be any older than the midpoint of the
calendar year for the ACS one-year data. Since the ACS one-year data
used for the FY 2018 FMRs is from 2015, larger areas may not use survey
data collected before June 1, 2015 for the FY 2018 FMRs. Smaller areas
without 1-year ACS data, including the above counties in Vermont, may
continue to use local survey data until the mid-point of the 5-year ACS
data is more recent than the local survey.\6\
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\6\ The 2012-2016 5-Year ACS data and the 2016 1-Year ACS data
will be used to calculate the FY 2019 FMRs. These data will be more
current than the 2014 data from the Vermont survey areas and the
2015 survey data in Portland, OR and Oakland, CA. Consequently, the
2016 ACS information will be used to calculate FMRs in these areas
in FY 2019.
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D. Updates From 2015 to 2016 and Forecast to FY 2018
HUD updates the ACS-based ``as of'' 2015 rent through the end of
2016 using the annual change in gross rents measured through the CPI
from 2015 to 2016 (CPI update factor). As in previous years, HUD uses
local CPI data coupled with Consumer Expenditure Survey data for FMR
areas with at least 75 percent of their population within Class A
metropolitan areas covered by local CPI data. In FMR areas that don't
meet this criterion, including Class B and C size metropolitan areas
and non-metropolitan areas, HUD uses CPI data aggregated at the Census
region level. Additionally, HUD is using CPI data collected locally in
Puerto Rico as the basis for CPI adjustments from 2015 to 2016 for all
Puerto Rico FMR areas.
Following the application of the appropriate CPI update factor, HUD
trends the gross rent estimate from 2016 to FY 2018 using a national
forecast of expected growth in gross rents. This forecast produces ``as
of'' FY 2018 FMRs.
E. Bedroom Rent Adjustments
HUD updates the bedroom ratios used in the calculation of FMRs
annually. The bedroom ratios which HUD used in the calculation of FY
2018 FMRs have been updated using average data from three five-year ACS
data series (2009-2013, 2010-2014, and 2011-2015). The bedroom ratio
methodology used in this update is unchanged from previous calculations
using 2000 Census data. HUD only uses estimates with a margin of error
ratio of less than 50 percent. If an area does not have reliable
estimates in at least two of the previous three ACS releases, bedroom
ratios for the area's larger parent geography are used.
HUD uses two-bedroom units for its primary calculation of FMR
estimates. This is generally the most common size of rental unit and,
therefore, the most reliable to survey and analyze. After estimating
two-bedroom FMRs, HUD calculates bedroom ratios for each FMR area which
relate the prices of smaller and larger units to the cost of two-
bedroom units. To prevent illogical results in particular FMR areas,
HUD establishes bedroom interval ranges which set upper and lower
limits for bedroom ratios nationwide, based on an analysis of the range
of such intervals for all areas with large enough samples to permit
accurate bedroom ratio determinations.
In the calculation of FY 2018 FMR estimates, HUD set the bedroom
interval ranges as follows: Efficiency FMRs are constrained to fall
between 0.64 and 0.85 of the two-bedroom FMR; one-bedroom FMRs must be
between 0.75 and 0.87 of the two-bedroom FMR; three-bedroom FMRs (prior
to the adjustments described below) must be between 1.15 and 1.34 of
the two-bedroom FMR; and four-bedroom FMRs (again, prior to adjustment)
must be between 1.26 and 1.64 of the two-bedroom FMR. Given that these
interval ranges partially overlap across bedroom sizes, HUD further
adjusts bedroom ratios for a given FMR area, if necessary, to ensure
that higher bedroom-count units have higher rents than lower bedroom-
count units within that area. The bedroom ratios for Puerto Rico follow
these constraints.
[[Page 41641]]
HUD also further adjusts the rents for three-bedroom and larger
units to reflect HUD's policy to set higher rents for these units.\7\
This adjustment is intended to increase the likelihood that the largest
families, who have the most difficulty in leasing units, will be
successful in finding eligible program units. The adjustment adds 8.7
percent to the unadjusted three-bedroom FMR estimates and adds 7.7
percent to the unadjusted four-bedroom FMR estimates.
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\7\ As mentioned above, HUD applies the interval ranges for the
three-bedroom and four-bedroom FMR ratios prior to making these
adjustments. In other words, the adjusted three- and four-bedroom
FMRs can exceed the interval ranges, but the unadjusted FMRs cannot.
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HUD derives FMRs for units with more than four bedrooms by adding
15 percent to the four-bedroom FMR for each extra bedroom. For example,
the FMR for a five-bedroom unit is 1.15 times the four-bedroom FMR, and
the FMR for a six-bedroom unit is 1.30 times the four-bedroom FMR.
Similarly, HUD derives FMRs for single-room occupancy units by
subtracting 25 percent from the zero-bedroom FMR (i.e., they are set at
0.75 times the zero-bedroom (efficiency) FMR).\8\
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\8\ As established in the interim rules implementing the
provisions of the Quality Housing and Work Responsibility Act of
1998 (Title V of the FY 1999 HUD Appropriations Act; Pub. L. 105-
276). In 24 CFR 982.604.
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F. Limit on FMR Decreases
Within the Small Area FMR final rule published on November 16,
2016, HUD amended 24 CFR 888.113 to include a limit on the amount that
FMRs may annually decrease. The current year's FMRs resulting from the
application of the bedroom ratios, as discussed in section (E) above,
may be no less than 90 percent of the prior year's FMRs for units with
the same number of bedrooms. Accordingly, if the current year's FMRs
are less than 90 percent of the prior year's FMRs as calculated by the
above methodology, HUD sets the current year's FMRs equal to 90 percent
of the prior year's FMRs. For areas using Small Area FMRs in the
administration of their voucher programs (i.e., Dallas and the
demonstration PHAs who opted to continue using Small Area FMRs), the FY
2018 Small Area FMRs may be no less than 90 percent of the FY 2017
Small Area FMRs. For all other metropolitan areas, for which Small Area
FMRs are calculated so that they may be used for other allowable
purposes if desired (e.g., exception payment standards, public housing
flat rents), the FY 2018 Small Area FMRs may be no less than 90 percent
of the FY 2017 metropolitan area-wide FMRs.
IV. Manufactured Home Space Surveys
HOTMA changed the manner in which vouchers are used to subsidize
manufactured home units. Please see HUD's Notice from January 18, 2017
(82 FR 5458) for more detailed information concerning the use of
vouchers for manufactured home units. Due to the nature of these
changes, HUD will no longer be publishing exception rents for
Manufactured Home Space pad rents.
V. Small Area FMRs
PHAs in the Dallas, TX HUD Metro FMR Area (HMFA) \9\ continue to
use Small Area FMRs per the terms of a court-entered settlement. These
Small Area FMRs are listed in the Schedule B addendum. Other
metropolitan PHAs interested in using Small Area FMRs in the operation
of their Housing Choice Voucher program should contact their local HUD
field office to request approval from HUD to do so.
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\9\ The Dallas, TX HMFA is also known as the Dallas-Plano-
Irving, Texas Metro Division. This area is comprised of the
following Texas counties: Collin, Dallas, Denton, Ellis, Hunt,
Kaufman, and Rockwall.
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As proposed in the Changes to Methodology notice, HUD is also
making changes in the manner in which FY 2018 Small Area FMRs are
calculated. In order to use more local data, HUD is calculating Small
Area FMRs directly from the standard quality gross rents provided to
HUD by the Census Bureau for ZIP Code Tabulation Areas (ZCTAs), when
such data is statistically reliable, instead of using the current rent
ratio calculation. The ZCTA two-bedroom equivalent 40th percentile
gross rent is analogous to the standard quality base rents set for
metropolitan areas and non-metropolitan counties. For each ZCTA with
statistically reliable gross rent estimates, using the expanded test of
statistical reliability noted previously in this notice (i.e.,
estimates with margins of error ratios below 50 percent and based on at
least 100 observations), HUD will calculate a two-bedroom equivalent
40th percentile gross rent using the first statistically reliable gross
rent distribution data from the following data sets (in this order):
two-bedroom gross rents, one-bedroom gross rents, and three-bedroom
gross rents. If either the one-bedroom or three-bedroom gross rent data
is used because the two-bedroom gross rent data is not statistically
reliable, the one-bedroom or three-bedroom 40th percentile gross rent
will be converted to a two-bedroom equivalent rent using the bedroom
ratios for the ZCTA's parent metropolitan area. In order to add
increased stability to these Small Area FMR estimates, HUD will average
the latest three years of gross rent estimates.\10\
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\10\ For example, for FY 2018 FMRs using this methodology, HUD
would average the gross rents from 2013, 2014 and 2015 5-Year ACS
estimates. The 2013 and 2014 gross rent estimates would be adjusted
to 2015 dollars using the metropolitan area's gross rent CPI
adjustment factors.
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For ZCTAs without usable gross rent data by bedroom size, HUD will
continue to calculate Small Area FMRs using the rent ratio method
similar to that HUD has used in past Small Area FMR calculations. To
calculate Small Area FMRs using a rent ratio, HUD divides the median
gross rent across all bedrooms for the small area (a ZIP code) by the
similar median gross rent for the metropolitan area of the ZIP code. In
small areas where the median gross rent is not statistically reliable,
HUD substitutes the median gross rent for the county containing the ZIP
code in the numerator of the rent ratio calculation. HUD multiplies
this rent ratio by the current two-bedroom rent for the metropolitan
area containing the small area to generate the current year two-bedroom
rent for the small area.
Similar to other changes described in this notice, HUD is changing
the linkage between the small area and its containing metropolitan area
as proposed in the May 26, 2017 Federal Register notice. For FY 2018
HUD is linking each ZCTA to its published FMR area; that is, each ZCTA
is linked to its parent HMFA, if it exists, rather than link the ZCTA
to its parent OMB-defined metropolitan area (Core-Based Statistical
Area, or CBSA) as was previously done. If no parent HUD FMR area
exists, the ZCTA will continue to be linked to its parent CBSA. This
change is implemented to take advantage of the more localized recent
mover factors for subareas of OMB-defined metropolitan areas when
available.
As in FY 2017, HUD continues to use a rolling average of ACS data
in calculating the Small Area FMR rent ratios. HUD believes coupling
the most current data with previous year's data minimizes excessive
year-to-year variability in Small Area FMR rent ratios due to sampling
variance. Therefore, for FY 2018 Small Area FMRs, HUD has updated the
rent ratios to use an average of the rent ratios calculated from the
2009-2013, 2010-2014, and 2011-2015 5-year ACS estimates.
VI. Request for Public Comments and FMR Reevaluations
HUD will continue to accept public comments on the methods HUD uses
to calculate FY 2018 FMRs, including
[[Page 41642]]
Small Area FMRs and the FMR levels for specific areas. Due to its
current funding levels, HUD no longer has sufficient resources to
conduct local surveys of rents to address comments filed regarding the
FMR levels for specific areas. PHAs may continue to fund such surveys
independently, as specified below, using administrative fees if they so
choose.) HUD continually strives to calculate FMRs that meet the
statutory requirement of using ``the most recent available data'' while
also serving as an effective program parameter.
PHAs or other interested parties interested in requesting HUD
reevaluation of its FY 2018 FMRs, as provided for under section
8(c)(1)(B) of USHA, must follow the following procedures:
1. By the end of the comment period, such reevaluation requests
must be submitted publicly through www.regulations.gov or directly to
HUD as described above. PHAs representing at least half of the voucher
tenants in multijurisdictional areas must agree that the re-evaluation
is necessary.
2. In order for a reevaluation to occur, the requestor(s) must
supply HUD with data more recent than the 2015 American Community
Survey data used in the calculation of the FY 2018 FMRs. HUD requires
data on gross rents paid in the FMR area for standard quality rental
housing units. The data delivered must be sufficient for HUD to
calculate a 40th and 50th percentile two-bedroom rent. Should this type
of data not be available, requestors may gather this information using
the survey guidance available at https://www.huduser.gov/portal/datasets/fmr/NoteRevisedAreaSurveyProcedures.pdf and https://www.huduser.gov/portal/datasets/fmr/PrinciplesforPHA-ConductedAreaRentSurveys.pdf.
3. On or about October 3, HUD will post a list, at https://www.huduser.gov/portal/datasets/fmr.html, of the areas requesting
reevaluations and where FY 2017 FMRs remain in effect.
4. Data for reevaluations must be supplied to HUD no later than
Friday January 5, 2018. On Monday January 8, 2018, HUD will post at
https://www.huduser.gov/portal/datasets/fmr.html a listing of the areas
failing to deliver data and making the FY 2018 FMRs effective in these
areas.
5. HUD will use the data delivered by January 5, 2018 to reevaluate
the FMRs and following the reevaluation, will post revised FMRs with an
accompanying Federal Register notice stating the revised FMRs are
available, which will include HUD responses to comments filed during
the comment period.
6. Any data supporting a change in FMRs supplied after January 5,
2018 will be incorporated into FY 2019 FMRs.
7. PHAs operating in areas where the calculated FMR is lower than
the published FMR (i.e., those areas where HUD has limited the decrease
in the annual change in the FMR to 10 percent) may request payment
standards below the basic range (24 CFR 982.503(d)) and reference the
``unfloored'' rents (i.e., the unfinalized FMRs calculated by HUD prior
to application of the 10-percent-decrease limit) depicted in the FY
2018 FMR Documentation System (available at: https://www.huduser.gov/portal/datasets/fmr.html#2018_query).
Questions on how to conduct FMR surveys may be addressed to Marie
L. Lihn or Peter B. Kahn of the Economic and Market Analysis Division,
Office of Economic Affairs, Office of Policy Development and Research
at HUD headquarters, 451 7th Street SW., Room 8208, Washington, DC
20410; telephone number 202-402-2409 (this is not a toll-free number),
or they may be reached at emad-hq@hud.gov.
For small metropolitan areas without one-year ACS data and non-
metropolitan counties, HUD has developed a method using mail surveys
that is discussed on the FMR Web page: https://www.huduser.gov/portal/datasets/fmr.html#fmrsurvey. This method allows for the collection of
as few as 100 one-bedroom, two-bedroom and three-bedroom recent mover
(tenants that moved in last 24 months) units.
While HUD has not developed a specific method for mail surveys in
areas with 1-year ACS data, HUD would apply the standard established
for Random-Digit Dialing (RDD) telephone rent surveys. HUD will
evaluate these survey results to determine whether they would establish
a new FMR statistically different from the current FMR, which means
that the survey confidence interval must not include the FMR. The
survey should collect results based on 200 one-bedroom and two-bedroom
eligible recent mover units to provide a small enough confidence
interval for significant results in large market mail surveys. Areas
with statistically reliable 1-year ACS data are not considered to be
good candidates for local surveys due to the size and completeness of
the ACS process.
Other survey methods are acceptable in providing data to support
reevaluation requests if the survey method can provide statistically
reliable, unbiased estimates of the gross rent of the entire FMR area.
In general, recommendations for FMR changes and supporting data must
reflect the rent levels that exist within the entire FMR area and
should be statistically reliable.
PHAs in non-metropolitan areas may, in certain circumstances,
conduct surveys of groups of counties. HUD must approve all county-
grouped surveys in advance. PHAs are cautioned that the resulting FMRs
may not be identical for the counties surveyed; each individual FMR
area will have a separate FMR based on the relationship of rents in
that area to the combined rents in the cluster of FMR areas. In
addition, PHAs are advised that in counties where FMRs are based on the
combined rents in the cluster of FMR areas, HUD will not revise their
FMRs unless the grouped survey results show a revised FMR statistically
different from the combined rent level.
Survey samples should preferably be randomly drawn from a complete
list of rental units for the FMR area. If this is not feasible, the
selected sample must be drawn to be statistically representative of the
entire rental housing stock of the FMR area. Surveys must include units
at all rent levels and be representative by structure type (including
single-family, duplex, and other small rental properties), age of
housing unit, and geographic location. The current 5-year ACS data
should be used as a means of verifying if a sample is representative of
the FMR area's rental housing stock.
A PHA or contractor that cannot obtain the recommended number of
sample responses after reasonable efforts should consult with HUD
before abandoning its survey; in such situations, HUD may find it
appropriate to relax normal sample size requirements.
HUD has developed guidance on how to provide data-supported
comments on Small Area FMRs using HUD's special tabulations of the
distribution of gross rents by bedroom unit size for ZIP Code
Tabulation Areas. This guidance is available at https://www.huduser.gov/portal/datasets/fmr.html in the FY 2018 FMR section and
should be used by interested parties in commenting on whether or not
the level of Small Area FMRs are too high or too low (i.e., Small Area
FMRs that are larger than the gross rent necessary to make 40 percent
of the units accessible for an individual zip code or that are smaller
than the gross rent necessary to make 40 percent of the units
accessible for a given zip code). HUD will post revised Small Area FMRs
after confirming commenters' calculations.
As stated earlier in this notice, HUD is required to use the most
recent data
[[Page 41643]]
available when calculating FMRs. Therefore, in order to re-evaluate an
area's FMR, HUD requires more current rental market data than the 2015
ACS. HUD encourages a PHA or other interested party that believes the
FMR in their area is incorrect to file a comment even if they do not
have the resources to provide market-wide rental data. In these
instances, HUD will use the comments, should survey funding be
restored, when determining the areas HUD will select for HUD-funded
local area rent surveys.
VII. Public Comments on the May 26, 2017 Proposed FMR Change Notice
As noted above, HUD received 22 comments on the Changes to
Methodology notice. Most of the comments that addressed the proposed
methodology changes responded favorably to the changes. Commenters
choosing to address these methodological changes were ``cautiously
optimistic'' about these changes. However, one commenter specifically
opposed the use of ``all bedroom'' rents for the recent mover factor
while another commenter specifically supports the use of ``all
bedroom'' recent mover rents.
Based on the limited comments received on the proposed methodology
changes, which are generally favorable to HUD's proposed changes, HUD
has decided to implement each of the proposed methodological changes in
the calculation of the FY 2018 FMRs.
The following summaries of comments and responses also include
responses to other comments regarding the calculation of FMRs that were
not responsive to the specific methodology changes.
A. Timeliness and Data Sources
Comments: A significant number of commenters offered comments on
the timeliness of the data HUD uses in the calculation of FMRs and
urged HUD to consider conducting local surveys or otherwise compile its
own source of national survey data.
HUD Response: Generally, HUD uses the American Community Survey
(ACS) as the primary source of data to calculate FMRs. The ACS is the
only known source of data from which HUD may calculate a 40th
percentile gross rent paid by recent movers in each FMR area. For the
FY 2018 FMRs, the most current ACS data was collected in 2015. The 2015
survey responses are aggregated and analyzed by the Census Bureau
during 2016 and are released in September and December 2016. There is
no more current data on the level of gross rents paid available during
2017 when HUD is calculating the FMRs for the upcoming fiscal year.
HUD augments the data on gross rents paid collected through the ACS
by the change in gross rents measured through the Consumer Price Index
(CPI) which captures the change in gross rents between 2015 and 2016.
In order to measure the change in gross rents, HUD constructs a gross
rent index using 2 CPI components--Rent of Primary Residence, and
Housing--Fuels and Utilities. These gross rent change factors are
calculated for local metropolitan areas and where metropolitan data
does not exist, HUD uses data available at the Census regional level.
The local data utilized in this process covers approximately 46 percent
of the national population.
Finally, for FY 2018, HUD continues to use HUD's nationwide
forecast of expected growth in gross rents. HUD continues to explore
forecasting expected changes in gross rents for metropolitan areas;
however, HUD has yet to generate forecasts that consistently provide
better estimates across all localities. While HUD continues to improve
the quality of its local forecasts, HUD will explore if other sources
of data provide more timely update factors than those calculated from
the CPI.
HUD has carefully considered the comments concerning HUD conducting
local rent surveys. The Federal Government currently makes a
significant investment in collecting socio-economic data through the
Census Bureau's American Community Survey. Since the ACS is the
replacement for the decennial census long form survey, households
receiving the survey are compelled to complete it; consequently, the
ACS has far superior response rates and quality controls embedded in
the data processing than HUD could achieve in any survey program it
could construct. Therefore, HUD believes that is a waste of Federal
resources to duplicate the efforts of the ACS.
Comment: HUD's FMRs should be calculated based on average rents per
square foot with adjustments for local rental market conditions.
HUD Response: Average rent per square foot may be a commonly
available statistic in some markets and may provide some additional
information regarding rental market conditions in those markets;
however, without the underlying data used to calculate the average rent
per square foot statistic, HUD is unable to calculate a 40th or 50th
percentile rent. Furthermore, attempting to incorporate rent per square
foot metrics into the FMR calculations would introduce additional
complications in determining gross rents.
Comment: Multiple commenters suggested that HUD use data from
Comprehensive Housing Market Analysis reports conducted by HUD's field
economists in the FMR calculations.
HUD Response: The data used in HUD's Comprehensive Housing Market
Analysis reports generally captures asking rents for newly constructed
Class A rental units in large housing complexes. These data are not
appropriate for setting Fair Market Rents for several reasons. First,
asking rents typically do not equate to recent mover gross rent paid.
Additionally, Class A apartment rental rates are generally not
representative of the gross rents available across the entire rental
stock of an FMR area. However, as stated earlier, HUD will investigate
if there are more current and local sources of data that could replace
the CPI based update factors currently used in the FMR calculations.
B. Comments on Proposed Changes
Comment: The changes to the calculation of Small Area FMRs directly
from the ZCTA data are welcomed; however, HUD should aggregate ZCTAs to
get to a statistically reliable estimate rather than move to the county
level ratios.
HUD Response: HUD's use of the county level ratios as a proxy for
the ZCTA level FMRs when there is not statistically reliable data is in
line with HUD's policy for moving to the next higher encompassing
geography for calculating FMRs. Aggregating ZCTAs presents a myriad of
challenges that cannot be addressed quickly. HUD will study what
options may be available for proxies to ZCTA level rents when the ZCTA
data are not statistically reliable. If HUD finds a suitable method,
HUD will propose this in a future notice of proposed FMR changes.
Comment: Several commenters suggested that following a successful
FMR ``appeal'', HUD should immediately move to change a PHA's HAP
amount.
HUD Response: HUD incorporates all of the reevaluated FMRs in the
first calculation of Renewal Funding Inflation Factors following the
effective date of the reevaluated FMRs.
Comment: HUD should review the bedroom ratio calculations, with a
specific review of the 3-bedroom and 4-bedroom bonuses incorporated
into the bedroom ratio calculations.
HUD Response: HUD updates the bedroom ratio calculations each year,
incorporating the most current ACS data
[[Page 41644]]
into the process. The ratios are bounded and limited so that standard
relationships are maintained (i.e. 0-bedroom ratios are not larger than
1-bedroom ratios, etc.). HUD maintains that its policy of providing
bonuses for 3- and 4-bedroom units allows voucher families to be more
competitive for these scarce larger rental dwelling units. PHAs not
having difficulty placing families in large units may use payment
standard flexibility to set 3- and 4-bedroom payment standards lower
relative to the FMRs than other payment standards, or use the
unadjusted 3- and 4-bedroom FMRs as the basis for exception payment
standard requests of less than 90 percent of these FMRs.
Comment: Several commenters suggested that HUD should do a better
job of forward trending FMR estimates.
HUD Response: As stated earlier, HUD continues to refine its
forecasting of expected changes in gross rents at the metropolitan area
level. In addition, HUD will explore the use of alternative measures of
rental market growth that may be available.
C. Other Issues
Comment: The geographic area definitions used in certain areas of
Puerto Rico are not contiguous and should be reviewed. Once the area
definitions are reviewed, the comment requests HUD to undertake local
rent surveys for the new areas and publish FMRs based on these new
areas and survey data. Furthermore, the commenter expressed concern
about the high cost of utilities not being incorporated into the FMRs.
HUD Response: HUD will review the area definitions in Puerto Rico
and will determine if sufficient data exists within the Puerto Rico
Community Survey (PRCS) to allow HUD to adjust the discontiguous areas.
If changes are possible, HUD will propose them in a future FMR
methodology change Federal Register notice. HUD is reliant on the PRCS
data as HUD does not have the funding necessary to conduct its own
local rent surveys. In past years, HUD incorporated an additional
utility cost adjustment into the calculation of FMRs; however, the
Consumer Price Index (CPI) data collected within Puerto Rico never
measured an increase in expenditures in fuels and utilities associated
with housing. HUD is using CPI data collected in Puerto Rico through
the end of 2016, which includes the December 2016 electricity costs
cited by the commenter.
Comment: Single Room Occupancy Rents in New Hampshire are too low.
HUD Response: HUD regulations at 24 CFR 888.113(f)(2) set the
Single Room Occupancy FMR at 75 percent of the 0-bedroom FMR. HUD
updates the bedroom ratios used to calculate the 0-, 1-, 3-, and 4-
bedroom FMRs annually using the most current data available.
Comment: The FMRs and Small Area FMRs are too high. Data was
submitted to waive the use of these FMRs, but no response from HUD has
been received.
HUD Response: This is likely a Public Housing Flat Rent exception
rent request which is not handled by the HUD office that calculates
FMRs. Public Housing Flat Rent exception rent requests are processed by
HUD's Office of Public and Indian Housing. HUD recommends the commenter
reach out to their local PIH representative for a status update.
VIII. Environmental Impact
This Notice involves the establishment of FMR schedules, which do
not constitute a development decision affecting the physical condition
of specific project areas or building sites. Accordingly, under 24 CFR
50.19(c)(6), this Notice is categorically excluded from environmental
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321).
Accordingly, the Fair Market Rent Schedules, which will not be
codified in 24 CFR part 888, are available at https://www.huduser.gov/portal/datasets/fmr.html.
Dated: August 22, 2017.
Todd M. Richardson,
Deputy Assistant, Secretary, Office of Policy Development, Office of
Policy Development and Research.
Fair Market Rents for the Housing Choice Voucher Program
Schedule B--General Explanatory Notes
1. Geographic Coverage
a. Metropolitan Areas--Most FMRs are market-wide rent estimates
that are intended to provide housing opportunities throughout the
geographic area in which rental-housing units are in direct
competition. HUD is using the metropolitan CBSAs, which are made up of
one or more counties, as defined by OMB, with some modifications. HUD
is generally assigning separate FMRs to the component counties of CBSA
Micropolitan Areas.
b. Modifications to OMB Definitions--Following OMB guidance, the
estimation procedure for the FY 2018 FMRs incorporates the OMB
definitions of metropolitan areas based on the CBSA standards as
implemented with 2000 Census data and updated by the 2010 Census in
February 28, 2013. The adjustments made to the 2000 definitions to
separate subparts of these areas where FMRs or median incomes would
otherwise change significantly are continued. To follow HUD's policy of
providing FMRs at the smallest possible area of geography, no counties
were added to existing metropolitan areas due to recent updates in
metropolitan area definitions. All counties added to metropolitan areas
by the CBSA will still be treated as separate counties for FMR
calculations; that is, the rents from a county that is a sub-area will
not be used in the remaining metropolitan sub-area rent determination.
All metropolitan areas that have been subdivided by HUD will use ACS
data which conforms to HUD's area definition if statistically reliable
information exists. If statistically reliable data for the HUD defined
area is not available, HUD uses information from larger encompassing
geographies, as described elsewhere in this notice.
The specific counties and New England towns and cities within each
state in MSAs and HMFAs were not changed by the February 28, 2013 OMB
metropolitan area definitions. These areas are listed in Schedule B,
available online at https://www.huduser.gov/portal/datasets/fmr.html.
2. Unit Bedroom Count Adjustments
Schedule B, available at https://www.huduser.gov/portal/datasets/fmr.html, shows the FMRs for zero-bedroom through four-bedroom units.
The Schedule B addendum shows Small Area FMRs for all PHAs operating
using Small Area FMRs (please see section V of this notice for a list
of participating PHAs). The FMRs for unit sizes larger than four
bedrooms may be calculated by adding 15 percent to the four-bedroom FMR
for each extra bedroom. For example, the FMR for a five-bedroom unit is
1.15 times the four-bedroom FMR, and the FMR for a six-bedroom unit is
1.30 times the four-bedroom FMR. FMRs for single-room-occupancy (SRO)
units are 0.75 times the zero-bedroom FMR.
3. Arrangement of FMR Areas and Identification of Constituent Parts
a. The FMR areas in the online Schedule B are listed alphabetically
by metropolitan FMR area and by non-metropolitan county within each
state and are available at https://www.huduser.gov/portal/datasets/fmr.html.
b. The constituent counties (and New England towns and cities)
included in each metropolitan FMR area are listed immediately following
the listings of the FMR dollar amounts. All constituent parts of a
metropolitan FMR area that
[[Page 41645]]
are in more than one state can be identified by consulting the listings
for each applicable state.
c. Two non-metropolitan counties are listed alphabetically on each
line of the non-metropolitan county listings.
d. The New England towns and cities included in a non-metropolitan
county are listed immediately following the county name.
[FR Doc. 2017-18431 Filed 8-31-17; 8:45 am]
BILLING CODE 4210-67-P