Section 8 Housing Assistance Payments Program-Annual Adjustment Factors, Fiscal Year 2020, 67471-67473 [2019-26426]
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Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6189–N–01]
Section 8 Housing Assistance
Payments Program—Annual
Adjustment Factors, Fiscal Year 2020
Office of the Assistant
Secretary for Policy Development and
Research, HUD.
ACTION: Notice of Fiscal Year (FY) 2020
Annual Adjustment Factors (AAFs).
AGENCY:
The United States Housing
Act of 1937 requires that certain
assistance contracts signed by owners
participating in the Department’s
Section 8 housing assistance payment
programs provide annual adjustments to
monthly rentals for units covered by the
contracts. This notice announces FY
2020 AAFs for adjustment of contract
rents on the anniversary of those
assistance contracts. The factors are
based on a formula using residential
rent and utility cost changes from the
most recent annual Bureau of Labor
Statistics (BLS) Consumer Price Index
(CPI) survey. The FY 2020 AAFs are the
first to use the revised BLS area
definitions for local area CPI. A separate
Federal Register notice, to be published
following the finalization of the FY 2020
federal appropriations, will be used in
the calculation of the calendar year (CY)
2020 Housing Choice Voucher (HCV)
renewal funding for public housing
agencies (PHAs)
DATES: December 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Contact Becky Primeaux, Director,
Management and Operations Division,
Office of Housing Voucher Programs,
Office of Public and Indian Housing,
202–708–1380, for questions relating to
the Project-Based Certificate and
Moderate Rehabilitation programs (not
the Single Room Occupancy program);
Norman A. Suchar, Director, Office of
Special Needs Assistance Programs,
Office of Community Planning and
Development, 202–402–5015, for
questions regarding the Single Room
Occupancy (SRO) Moderate
Rehabilitation program; Katherine
Nzive, Director, OAMPO Program
Administration Office, Office of
Multifamily Housing, 202–402–3440, for
questions relating to all other Section 8
programs; and Marie Lihn, Economist,
Program Parameters and Research
Division, Office of Policy Development
and Research, 202–402–5866, for
technical information regarding the
development of the schedules for
specific areas or the methods used for
calculating the AAFs. The mailing
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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Jkt 250001
address for these individuals is:
Department of Housing and Urban
Development, 451 7th Street SW,
Washington, DC 20410. Hearing- or
speech-impaired persons may contact
the Federal Relay Service at 800–877–
8339 (TTY). (Other than the ‘‘800’’ TTY
number, the above-listed telephone
numbers are not toll free.)
SUPPLEMENTARY INFORMATION: This
notice announces FY 2020 AAFs for
adjustment of contract rents on the
anniversary of those assistance
contracts. The factors for adjustment are
based on a formula using residential
rent and utility cost changes from the
most recent annual Bureau of Labor
Statistics (BLS) Consumer Price Index
(CPI) survey. The FY 2020 AAFs are the
first to use the revised BLS area
definitions for local area CPI. There are
now only 70 metropolitan areas covered
by local CPI data; previously there were
123 metropolitan and nonmetropolitan
areas. The AAFs are applied at the
anniversary of Housing Assistance
Payment (HAP) contracts for which
rents are to be adjusted using the AAF
for those calendar months commencing
after the effective date of this notice.
AAFs are distinct from, and do not
apply to the same properties as,
Operating Cost Adjustment Factors
(OCAFs). OCAFs are annual factors used
to adjust rents for project-based rental
assistance contracts issued under
Section 8 of the United States Housing
Act of 1937 and renewed under section
515 or section 524 of the Multifamily
Assisted Housing Reform and
Affordability Act of 1997 (MAHRA). A
separate Federal Register notice, to be
published following the finalization of
the FY 2020 federal appropriations, will
be used in the calculation of the
calendar year (CY) 2020 Housing Choice
Voucher (HCV) renewal funding for
public housing agencies (PHAs).
Tables showing AAFs will be
available electronically from the HUD
data information page at https://
www.huduser.gov/portal/datasets/
aaf.html.
I. Applying AAFs to Various Section 8
Programs
AAFs established by this notice are
used to adjust contract rents for units
assisted in certain Section 8 housing
assistance payment programs during the
initial (i.e., pre-renewal) term of the
HAP contract. There are two categories
of Section 8 programs that use the
AAFs:
Category 1: The Section 8 New
Construction, Substantial
Rehabilitation, and Moderate
Rehabilitation programs;
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67471
Category 2: The Section 8 Loan
Management (LM) and Property
Disposition (PD) programs.
Each Section 8 program category uses
the AAFs differently. The specific
application of the AAFs is determined
by the law, the HAP contract, and
appropriate program regulations or
requirements.
AAFs are not used in the following
cases:
Renewal Rents. AAFs are not used to
determine renewal rents after expiration
of the original Section 8 HAP contract
(either for projects where the Section 8
HAP contract is renewed under a
restructuring plan adopted under 24
CFR part 401; or renewed without
restructuring under 24 CFR part 402). In
general, renewal rents are established in
accordance with the statutory provision
in MAHRA, as amended, under which
the HAP is renewed. After renewal,
annual rent adjustments will be
provided in accordance with MAHRA.
Budget-based Rents. AAFs are not
used for budget-based rent adjustments.
For projects receiving Section 8
subsidies under the LM program (24
CFR part 886, subpart A) and for
projects receiving Section 8 subsidies
under the PD program (24 CFR part 886,
subpart C), contract rents are adjusted,
at HUD’s option, either by applying the
AAFs or by budget-based adjustments in
accordance with 24 CFR 886.112(b) and
24 CFR 886.312(b). Budget-based
adjustments are used for most Section 8/
202 projects.
Housing Choice Voucher Program.
AAFs are not used to adjust rents in the
Tenant-Based or the Project-Based
Voucher programs.
II. Adjustment Procedures
This section of the notice provides a
broad description of procedures for
adjusting the contract rent. Technical
details and requirements are described
in HUD notices H 2002–10 (Section 8
New Construction and Substantial
Rehabilitation, Loan Management, and
Property Disposition) and PIH 97–57
(Moderate Rehabilitation and ProjectBased Certificates). Because of statutory
and structural distinctions among the
various Section 8 programs, there are
separate rent adjustment procedures for
the two program categories:
Category 1: Section 8 New Construction,
Substantial Rehabilitation, and
Moderate Rehabilitation Programs
In the Section 8 New Construction
and Substantial Rehabilitation
programs, the published AAF factor is
applied to the pre-adjustment contract
rent. In the Section 8 Moderate
Rehabilitation program (both the regular
E:\FR\FM\10DEN1.SGM
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67472
Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices
program and the single room occupancy
program) the published AAF is applied
to the pre-adjustment base rent.
For Category 1 programs, the Table 1
AAF factor is applied before
determining comparability (rent
reasonableness). Comparability applies
if the pre-adjustment gross rent (preadjustment contract rent plus any
allowance for tenant-paid utilities) is
above the published Fair Market Rent
(FMR).
If the comparable rent level (plus any
initial difference) is lower than the
contract rent as adjusted by application
of the Table 1 AAF, the comparable rent
level (plus any initial difference) will be
the new contract rent. However, the preadjustment contract rent will not be
decreased by application of
comparability.
In all other cases (i.e., unless the
contract rent is reduced by
comparability):
• Table 1 AAF is used for a unit
occupied by a new family since the last
annual contract anniversary.
• Table 2 AAF is used for a unit
occupied by the same family as at the
time of the last annual contract
anniversary.
jbell on DSKJLSW7X2PROD with NOTICES
Category 2: Section 8 Loan Management
Program (24 CFR Part 886, Subpart A)
and Property Disposition Program (24
CFR Part 886, Subpart C)
Category 2 programs are not currently
subject to comparability. Comparability
will again apply if HUD establishes
regulations for conducting
comparability studies under 42 U.S.C.
1437f(c)(2)(C).
The applicable AAF is determined as
follows:
• Table 1 AAF is used for a unit
occupied by a new family since the last
annual contract anniversary.
• Table 2 AAF is used for a unit
occupied by the same family as at the
time of the last annual contract
anniversary.
III. When To Use Reduced AAFs (From
AAF Table 2)
In accordance with Section 8(c)(2)(A)
of the United States Housing Act of
1937 (42 U.S.C. 1437f(c)(2)(A)), the AAF
is reduced by 0.01:
In Section 8 programs, for a unit
occupied by the same family at the time
of the last annual rent adjustment (and
where the rent is not reduced by
application of comparability (rent
reasonableness)).
The law provides that:
Except for assistance under the certificate
program, for any unit occupied by the same
family at the time of the last annual rental
adjustment, where the assistance contract
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17:08 Dec 09, 2019
Jkt 250001
provides for the adjustment of the maximum
monthly rent by applying an annual
adjustment factor and where the rent for a
unit is otherwise eligible for an adjustment
based on the full amount of the factor, 0.01
shall be subtracted from the amount of the
factor, except that the factor shall not be
reduced to less than 1.0. In the case of
assistance under the certificate program, 0.01
shall be subtracted from the amount of the
annual adjustment factor (except that the
factor shall not be reduced to less than 1.0),
and the adjusted rent shall not exceed the
rent for a comparable unassisted unit of
similar quality, type and age in the market
area. 42 U.S.C. 1437f(c)(2)(A).
Legislative history for this statutory
provision states that ‘‘the rationale [for
lower AAFs for non-turnover units is]
that operating costs are less if tenant
turnover is less . . .’’ (see Department of
Veteran Affairs and Housing and Urban
Development, and Independent
Agencies Appropriations for 1995,
Hearings Before a Subcommittee of the
Committee on Appropriations 103d
Cong., 2d Sess. 591 (1994)). The
Congressional Record also states the
following:
Because the cost to owners of turnoverrelated vacancies, maintenance, and
marketing are lower for long-term stable
tenants, these tenants are typically charged
less than recent movers in the unassisted
market. Since HUD pays the full amount of
any rent increases for assisted tenants in
section 8 projects and under the Certificate
program, HUD should expect to benefit from
this ‘tenure discount.’ Turnover is lower in
assisted properties than in the unassisted
market, so the effect of the current
inconsistency with market-based rent
increases is exacerbated. (140 Cong. Rec.
8659, 8693 (1994)).
To implement the law, HUD
publishes two separate AAF Tables,
Table 1 and Table 2. The difference
between Table 1 and Table 2 is that each
AAF in Table 2 is 0.01 less than the
corresponding AAF in Table 1. Where
an AAF in Table 1 would otherwise be
less than 1.0, it is set at 1.0, as required
by statute; the corresponding AAF in
Table 2 will also be set at 1.0, as
required by statute.
IV. How To Find the AAF
AAF Table 1 and Table 2 are posted
on the HUD User website at https://
www.huduser.gov/portal/datasets/
aaf.html. There are two columns in each
AAF table. The first column is used to
adjust contract rent for rental units
where the highest cost utility is
included in the contract rent, i.e., where
the owner pays for the highest cost
utility. The second column is used
where the highest cost utility is not
included in the contract rent, i.e., where
the tenant pays for the highest cost
utility.
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Fmt 4703
Sfmt 4703
The applicable AAF is selected as
follows:
• Determine whether Table 1 or Table
2 is applicable. In Table 1 or Table 2,
locate the AAF for the geographic area
where the contract unit is located.
• Determine whether the highest cost
utility is or is not included in contract
rent for the contract unit.
• If highest cost utility is included,
select the AAF from the column for
‘‘Highest Cost Utility Included.’’ If
highest cost utility is not included,
select the AAF from the column for
‘‘Highest Cost Utility Excluded.’’
V. Methodology
AAFs are rent inflation factors. Two
types of rent inflation factors are
calculated for AAFs: Gross rent factors
and shelter rent factors. The gross rent
factor accounts for inflation in the cost
of both the rent of the residence and the
utilities used by the unit; the shelter
rent factor accounts for the inflation in
the rent of the residence but does not
reflect any change in the cost of utilities.
The gross rent inflation factor is
designated as ‘‘Highest Cost Utility
Included’’ and the shelter rent inflation
factor is designated as ‘‘Highest Cost
Utility Excluded.’’
AAFs are calculated using CPI data on
‘‘rent of primary residence’’ and ‘‘fuels
and utilities.’’ 1 The CPI inflation index
for rent of primary residence measures
the inflation of all surveyed units
regardless of whether utilities are
included in the rent of the unit or not.
In other words, it measures the inflation
of the ‘‘contract rent’’ which includes
units with all utilities included in the
rent, units with some utilities included
in the rent, and units with no utilities
included in the rent. In producing a
gross rent inflation factor and a shelter
rent inflation factor, HUD decomposes
the contract rent CPI inflation factor into
parts to represent the gross rent change
and the shelter rent change. This is done
by applying data from the Consumer
Expenditure Survey (CEX) on the
percentage of renters who pay for heat
(a proxy for the percentage of renters
who pay shelter rent) and, also,
American Community Survey (ACS)
data on the ratio of utilities to rents. For
Puerto Rico, the Puerto Rico Community
Survey (PRCS) is used to determine the
ratio of utilities to rents, resulting in
different AAFs for some metropolitan
areas in Puerto Rico.2
1 CPI indexes CUUSA103SEHA and
CUSR0000SAH2 respectively.
2 The formulas used to produce these factors can
be found in the Annual Adjustment Factors
overview and in the FMR documentation at
www.HUDUSER.gov.
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Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Survey Data Used To Produce AAFs
The rent inflation factor and fuel and
utilities inflation factor for each large
metropolitan area and Census region are
based, respectively, on changes in the
CPI index for rent of primary residence
and the CPI index for fuels and utilities
from 2017 to 2018. The CEX data used
to decompose the contract rent inflation
factor into gross rent and shelter rent
inflation factors come from a special
tabulation of 2018 CEX survey data
produced for HUD. The utility-to-rent
ratio used to produce AAFs comes from
2017 ACS median rent and utility costs.
Geographic Areas
Beginning with the data collection for
2018, BLS revised the sample for the
CPI to be based on Core Based Statistical
Areas (CBSAs). Previously the sample
was based on Metropolitan Statistical
Areas (MSAs) as defined in 1998. In
addition, the population required to be
designated a Class A CPI city was
increased from 1.5 million to 2.5
million. The following major
metropolitan areas were eliminated
under the new sample design:
Pittsburgh PA, Cincinnati-Hamilton
OH–KY–IN, Cleveland-Akron OH,
Milwaukee-Racine WI, Kansas City MO–
KS, and Portland-Salem OR–WA. There
are now 23 major metropolitan areas
(excluding Puerto Rico, which is
unchanged) with local CPI data, down
from 28 last year (Riverside-San
Bernardino has been split off from the
Los Angeles survey area). This decline
has resulted in fewer metropolitan
component areas receiving local CPI
adjustments, down to 70 metropolitan
areas and subareas (HUD Metro FMR
Areas) from 124 metropolitan and
nonmetropolitan areas. There are no
longer any nonmetropolitan areas using
local CPI inflation factors (except for
Puerto Rico).
Each metropolitan area that uses a
local CPI update factor is listed
alphabetically in the tables and each
HUD Metro FMR Area (HMFA) is listed
alphabetically within its respective
CBSA. Each AAF applies to a specific
geographic area and to units of all
bedroom sizes. AAFs are provided:
• For metropolitan areas at the MSA
or HMFA level.
• For the four Census Regions (to be
used for those metropolitan areas that
are not covered by a CPI city-survey and
non-metropolitan areas).
AAFs use the same OMB metropolitan
area definitions, as revised by HUD, that
are used for the FY 2020 FMRs.
Area Definitions
To make certain that they are using
the correct AAFs, users should refer to
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17:08 Dec 09, 2019
Jkt 250001
the Area Definitions Table section at
https://www.huduser.gov/portal/
datasets/aaf.html. The Area Definitions
Table lists CPI areas in alphabetical
order by state, and the associated
Census region is shown next to each
state name. Areas whose AAFs are
determined by local CPI surveys are
listed first. All metropolitan areas with
local CPI surveys have separate AAF
schedules and are shown with their
corresponding county definitions or as
metropolitan counties. In the six New
England states, the listings are for
counties or parts of counties as defined
by towns or cities. The remaining
counties use the CPI for the Census
Region and are not separately listed in
the Area Definitions Table at https://
www.huduser.gov/portal/datasets/
aaf.html.
Puerto Rico uses its own AAFs
calculated from the Puerto Rico CPI as
adjusted by the PRCS, the Virgin Islands
uses the South Region AAFs and the
Pacific Islands uses the West Region
AAFs.
Dated: November 26, 2019.
Seth D. Appleton,
Assistant Secretary for Policy Development
and Research.
[FR Doc. 2019–26426 Filed 12–9–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R5–ES–2014–0050;
FXES111X0500000–XXX–FF05E00000]
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for Indiana Bat
(Myotis Sodalis) and Northern LongEared Bat (Myotis Septentrionalis) at
the Copenhagen Wind Farm, Jefferson
and Lewis Counties, New York; and
Draft Environmental Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of
documents; request for comment and
information.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
receipt of an application from
Copenhagen Wind Farm, LLC
(applicant), for an incidental take permit
(ITP) under the Endangered Species Act
(ESA). The applicant requests the ITP
for take of the federally endangered
Indiana bat and threatened northern
long-eared bat incidental to otherwise
lawful activities associated with
operation of its Copenhagen Wind Farm,
SUMMARY:
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67473
a 40-turbine wind farm that has been
constructed in Jefferson and Lewis
Counties, New York. The applicant
proposes a conservation program to
minimize and mitigate for the
unavoidable incidental take as
described in its Indiana Bat and
Northern Long-eared Bat Habitat
Conservation Plan for the Copenhagen
Wind Farm, Lewis and Jefferson
Counties, New York (HCP). We request
public comment on the application,
which includes the applicant’s
proposed HCP, and the Service’s draft
environmental assessment, prepared
pursuant to the National Environmental
Policy Act. We provide this notice to
seek comments from the public and
Federal, Tribal, State, and local
governments.
DATES: We will accept comments
received or postmarked on or before
January 9, 2020. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES)
must be received by 11:59 p.m. Eastern
Standard Time on the closing date.
ADDRESSES: Obtaining documents:
• Internet: You may obtain copies of
the application including the HCP and
draft environmental assessment (EA) on
the internet at the New York Ecological
Services Field Office’s website at
https://www.fws.gov/northeast/nyfo/ or
at https://www.regulations.gov at Docket
No. FWS–R5–ES–2014–0050.
• In-person: Documents are available
for public inspection by appointment
during regular business hours at the
New York Ecological Services Field
Office, 3817 Luker Road, Cortland, NY
13045. Call 607–753–49334 to make an
appointment.
Submitting Comments: If you wish to
submit comments on any of the
documents, you may do so by one of the
following methods. Please reference
Docket Number FWS–R5–ES–2014–
0050 in all comments. For additional
guidance on submitting comments,
please see Public Comments under
SUPPLEMENTARY INFORMATION.
• Electronically: Go to the Federal
eRulemaking Portal website at: https://
www.regulations.gov. In the Search box,
enter FWS–R5–2014–0050, which is the
docket number for this notice. Click on
the appropriate link to locate this
document and submit a comment.
• By hard copy: You may submit by
mail or hand-delivery to Public
Comments Processing, Attn: Docket No.
FWS–R5–ES–2014–0050, New York
Ecological Services Field Office, U.S.
Fish and Wildlife Service, 3817 Luker
Road, Cortland, NY 13045. We request
that you send comments by only the
methods described above.
E:\FR\FM\10DEN1.SGM
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Agencies
[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67471-67473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26426]
[[Page 67471]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6189-N-01]
Section 8 Housing Assistance Payments Program--Annual Adjustment
Factors, Fiscal Year 2020
AGENCY: Office of the Assistant Secretary for Policy Development and
Research, HUD.
ACTION: Notice of Fiscal Year (FY) 2020 Annual Adjustment Factors
(AAFs).
-----------------------------------------------------------------------
SUMMARY: The United States Housing Act of 1937 requires that certain
assistance contracts signed by owners participating in the Department's
Section 8 housing assistance payment programs provide annual
adjustments to monthly rentals for units covered by the contracts. This
notice announces FY 2020 AAFs for adjustment of contract rents on the
anniversary of those assistance contracts. The factors are based on a
formula using residential rent and utility cost changes from the most
recent annual Bureau of Labor Statistics (BLS) Consumer Price Index
(CPI) survey. The FY 2020 AAFs are the first to use the revised BLS
area definitions for local area CPI. A separate Federal Register
notice, to be published following the finalization of the FY 2020
federal appropriations, will be used in the calculation of the calendar
year (CY) 2020 Housing Choice Voucher (HCV) renewal funding for public
housing agencies (PHAs)
DATES: December 10, 2019.
FOR FURTHER INFORMATION CONTACT: Contact Becky Primeaux, Director,
Management and Operations Division, Office of Housing Voucher Programs,
Office of Public and Indian Housing, 202-708-1380, for questions
relating to the Project-Based Certificate and Moderate Rehabilitation
programs (not the Single Room Occupancy program); Norman A. Suchar,
Director, Office of Special Needs Assistance Programs, Office of
Community Planning and Development, 202-402-5015, for questions
regarding the Single Room Occupancy (SRO) Moderate Rehabilitation
program; Katherine Nzive, Director, OAMPO Program Administration
Office, Office of Multifamily Housing, 202-402-3440, for questions
relating to all other Section 8 programs; and Marie Lihn, Economist,
Program Parameters and Research Division, Office of Policy Development
and Research, 202-402-5866, for technical information regarding the
development of the schedules for specific areas or the methods used for
calculating the AAFs. The mailing address for these individuals is:
Department of Housing and Urban Development, 451 7th Street SW,
Washington, DC 20410. Hearing- or speech-impaired persons may contact
the Federal Relay Service at 800-877-8339 (TTY). (Other than the
``800'' TTY number, the above-listed telephone numbers are not toll
free.)
SUPPLEMENTARY INFORMATION: This notice announces FY 2020 AAFs for
adjustment of contract rents on the anniversary of those assistance
contracts. The factors for adjustment are based on a formula using
residential rent and utility cost changes from the most recent annual
Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) survey. The
FY 2020 AAFs are the first to use the revised BLS area definitions for
local area CPI. There are now only 70 metropolitan areas covered by
local CPI data; previously there were 123 metropolitan and
nonmetropolitan areas. The AAFs are applied at the anniversary of
Housing Assistance Payment (HAP) contracts for which rents are to be
adjusted using the AAF for those calendar months commencing after the
effective date of this notice. AAFs are distinct from, and do not apply
to the same properties as, Operating Cost Adjustment Factors (OCAFs).
OCAFs are annual factors used to adjust rents for project-based rental
assistance contracts issued under Section 8 of the United States
Housing Act of 1937 and renewed under section 515 or section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(MAHRA). A separate Federal Register notice, to be published following
the finalization of the FY 2020 federal appropriations, will be used in
the calculation of the calendar year (CY) 2020 Housing Choice Voucher
(HCV) renewal funding for public housing agencies (PHAs).
Tables showing AAFs will be available electronically from the HUD
data information page at https://www.huduser.gov/portal/datasets/aaf.html.
I. Applying AAFs to Various Section 8 Programs
AAFs established by this notice are used to adjust contract rents
for units assisted in certain Section 8 housing assistance payment
programs during the initial (i.e., pre-renewal) term of the HAP
contract. There are two categories of Section 8 programs that use the
AAFs:
Category 1: The Section 8 New Construction, Substantial
Rehabilitation, and Moderate Rehabilitation programs;
Category 2: The Section 8 Loan Management (LM) and Property
Disposition (PD) programs.
Each Section 8 program category uses the AAFs differently. The
specific application of the AAFs is determined by the law, the HAP
contract, and appropriate program regulations or requirements.
AAFs are not used in the following cases:
Renewal Rents. AAFs are not used to determine renewal rents after
expiration of the original Section 8 HAP contract (either for projects
where the Section 8 HAP contract is renewed under a restructuring plan
adopted under 24 CFR part 401; or renewed without restructuring under
24 CFR part 402). In general, renewal rents are established in
accordance with the statutory provision in MAHRA, as amended, under
which the HAP is renewed. After renewal, annual rent adjustments will
be provided in accordance with MAHRA.
Budget-based Rents. AAFs are not used for budget-based rent
adjustments. For projects receiving Section 8 subsidies under the LM
program (24 CFR part 886, subpart A) and for projects receiving Section
8 subsidies under the PD program (24 CFR part 886, subpart C), contract
rents are adjusted, at HUD's option, either by applying the AAFs or by
budget-based adjustments in accordance with 24 CFR 886.112(b) and 24
CFR 886.312(b). Budget-based adjustments are used for most Section 8/
202 projects.
Housing Choice Voucher Program. AAFs are not used to adjust rents
in the Tenant-Based or the Project-Based Voucher programs.
II. Adjustment Procedures
This section of the notice provides a broad description of
procedures for adjusting the contract rent. Technical details and
requirements are described in HUD notices H 2002-10 (Section 8 New
Construction and Substantial Rehabilitation, Loan Management, and
Property Disposition) and PIH 97-57 (Moderate Rehabilitation and
Project-Based Certificates). Because of statutory and structural
distinctions among the various Section 8 programs, there are separate
rent adjustment procedures for the two program categories:
Category 1: Section 8 New Construction, Substantial Rehabilitation, and
Moderate Rehabilitation Programs
In the Section 8 New Construction and Substantial Rehabilitation
programs, the published AAF factor is applied to the pre-adjustment
contract rent. In the Section 8 Moderate Rehabilitation program (both
the regular
[[Page 67472]]
program and the single room occupancy program) the published AAF is
applied to the pre-adjustment base rent.
For Category 1 programs, the Table 1 AAF factor is applied before
determining comparability (rent reasonableness). Comparability applies
if the pre-adjustment gross rent (pre-adjustment contract rent plus any
allowance for tenant-paid utilities) is above the published Fair Market
Rent (FMR).
If the comparable rent level (plus any initial difference) is lower
than the contract rent as adjusted by application of the Table 1 AAF,
the comparable rent level (plus any initial difference) will be the new
contract rent. However, the pre-adjustment contract rent will not be
decreased by application of comparability.
In all other cases (i.e., unless the contract rent is reduced by
comparability):
Table 1 AAF is used for a unit occupied by a new family
since the last annual contract anniversary.
Table 2 AAF is used for a unit occupied by the same family
as at the time of the last annual contract anniversary.
Category 2: Section 8 Loan Management Program (24 CFR Part 886, Subpart
A) and Property Disposition Program (24 CFR Part 886, Subpart C)
Category 2 programs are not currently subject to comparability.
Comparability will again apply if HUD establishes regulations for
conducting comparability studies under 42 U.S.C. 1437f(c)(2)(C).
The applicable AAF is determined as follows:
Table 1 AAF is used for a unit occupied by a new family
since the last annual contract anniversary.
Table 2 AAF is used for a unit occupied by the same family
as at the time of the last annual contract anniversary.
III. When To Use Reduced AAFs (From AAF Table 2)
In accordance with Section 8(c)(2)(A) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(c)(2)(A)), the AAF is reduced by 0.01:
In Section 8 programs, for a unit occupied by the same family at
the time of the last annual rent adjustment (and where the rent is not
reduced by application of comparability (rent reasonableness)).
The law provides that:
Except for assistance under the certificate program, for any
unit occupied by the same family at the time of the last annual
rental adjustment, where the assistance contract provides for the
adjustment of the maximum monthly rent by applying an annual
adjustment factor and where the rent for a unit is otherwise
eligible for an adjustment based on the full amount of the factor,
0.01 shall be subtracted from the amount of the factor, except that
the factor shall not be reduced to less than 1.0. In the case of
assistance under the certificate program, 0.01 shall be subtracted
from the amount of the annual adjustment factor (except that the
factor shall not be reduced to less than 1.0), and the adjusted rent
shall not exceed the rent for a comparable unassisted unit of
similar quality, type and age in the market area. 42 U.S.C.
1437f(c)(2)(A).
Legislative history for this statutory provision states that ``the
rationale [for lower AAFs for non-turnover units is] that operating
costs are less if tenant turnover is less . . .'' (see Department of
Veteran Affairs and Housing and Urban Development, and Independent
Agencies Appropriations for 1995, Hearings Before a Subcommittee of the
Committee on Appropriations 103d Cong., 2d Sess. 591 (1994)). The
Congressional Record also states the following:
Because the cost to owners of turnover-related vacancies,
maintenance, and marketing are lower for long-term stable tenants,
these tenants are typically charged less than recent movers in the
unassisted market. Since HUD pays the full amount of any rent
increases for assisted tenants in section 8 projects and under the
Certificate program, HUD should expect to benefit from this `tenure
discount.' Turnover is lower in assisted properties than in the
unassisted market, so the effect of the current inconsistency with
market-based rent increases is exacerbated. (140 Cong. Rec. 8659,
8693 (1994)).
To implement the law, HUD publishes two separate AAF Tables, Table
1 and Table 2. The difference between Table 1 and Table 2 is that each
AAF in Table 2 is 0.01 less than the corresponding AAF in Table 1.
Where an AAF in Table 1 would otherwise be less than 1.0, it is set at
1.0, as required by statute; the corresponding AAF in Table 2 will also
be set at 1.0, as required by statute.
IV. How To Find the AAF
AAF Table 1 and Table 2 are posted on the HUD User website at
https://www.huduser.gov/portal/datasets/aaf.html. There are two columns
in each AAF table. The first column is used to adjust contract rent for
rental units where the highest cost utility is included in the contract
rent, i.e., where the owner pays for the highest cost utility. The
second column is used where the highest cost utility is not included in
the contract rent, i.e., where the tenant pays for the highest cost
utility.
The applicable AAF is selected as follows:
Determine whether Table 1 or Table 2 is applicable. In
Table 1 or Table 2, locate the AAF for the geographic area where the
contract unit is located.
Determine whether the highest cost utility is or is not
included in contract rent for the contract unit.
If highest cost utility is included, select the AAF from
the column for ``Highest Cost Utility Included.'' If highest cost
utility is not included, select the AAF from the column for ``Highest
Cost Utility Excluded.''
V. Methodology
AAFs are rent inflation factors. Two types of rent inflation
factors are calculated for AAFs: Gross rent factors and shelter rent
factors. The gross rent factor accounts for inflation in the cost of
both the rent of the residence and the utilities used by the unit; the
shelter rent factor accounts for the inflation in the rent of the
residence but does not reflect any change in the cost of utilities. The
gross rent inflation factor is designated as ``Highest Cost Utility
Included'' and the shelter rent inflation factor is designated as
``Highest Cost Utility Excluded.''
AAFs are calculated using CPI data on ``rent of primary residence''
and ``fuels and utilities.'' \1\ The CPI inflation index for rent of
primary residence measures the inflation of all surveyed units
regardless of whether utilities are included in the rent of the unit or
not. In other words, it measures the inflation of the ``contract rent''
which includes units with all utilities included in the rent, units
with some utilities included in the rent, and units with no utilities
included in the rent. In producing a gross rent inflation factor and a
shelter rent inflation factor, HUD decomposes the contract rent CPI
inflation factor into parts to represent the gross rent change and the
shelter rent change. This is done by applying data from the Consumer
Expenditure Survey (CEX) on the percentage of renters who pay for heat
(a proxy for the percentage of renters who pay shelter rent) and, also,
American Community Survey (ACS) data on the ratio of utilities to
rents. For Puerto Rico, the Puerto Rico Community Survey (PRCS) is used
to determine the ratio of utilities to rents, resulting in different
AAFs for some metropolitan areas in Puerto Rico.\2\
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\1\ CPI indexes CUUSA103SEHA and CUSR0000SAH2 respectively.
\2\ The formulas used to produce these factors can be found in
the Annual Adjustment Factors overview and in the FMR documentation
at www.HUDUSER.gov.
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[[Page 67473]]
Survey Data Used To Produce AAFs
The rent inflation factor and fuel and utilities inflation factor
for each large metropolitan area and Census region are based,
respectively, on changes in the CPI index for rent of primary residence
and the CPI index for fuels and utilities from 2017 to 2018. The CEX
data used to decompose the contract rent inflation factor into gross
rent and shelter rent inflation factors come from a special tabulation
of 2018 CEX survey data produced for HUD. The utility-to-rent ratio
used to produce AAFs comes from 2017 ACS median rent and utility costs.
Geographic Areas
Beginning with the data collection for 2018, BLS revised the sample
for the CPI to be based on Core Based Statistical Areas (CBSAs).
Previously the sample was based on Metropolitan Statistical Areas
(MSAs) as defined in 1998. In addition, the population required to be
designated a Class A CPI city was increased from 1.5 million to 2.5
million. The following major metropolitan areas were eliminated under
the new sample design: Pittsburgh PA, Cincinnati-Hamilton OH-KY-IN,
Cleveland-Akron OH, Milwaukee-Racine WI, Kansas City MO-KS, and
Portland-Salem OR-WA. There are now 23 major metropolitan areas
(excluding Puerto Rico, which is unchanged) with local CPI data, down
from 28 last year (Riverside-San Bernardino has been split off from the
Los Angeles survey area). This decline has resulted in fewer
metropolitan component areas receiving local CPI adjustments, down to
70 metropolitan areas and subareas (HUD Metro FMR Areas) from 124
metropolitan and nonmetropolitan areas. There are no longer any
nonmetropolitan areas using local CPI inflation factors (except for
Puerto Rico).
Each metropolitan area that uses a local CPI update factor is
listed alphabetically in the tables and each HUD Metro FMR Area (HMFA)
is listed alphabetically within its respective CBSA. Each AAF applies
to a specific geographic area and to units of all bedroom sizes. AAFs
are provided:
For metropolitan areas at the MSA or HMFA level.
For the four Census Regions (to be used for those
metropolitan areas that are not covered by a CPI city-survey and non-
metropolitan areas).
AAFs use the same OMB metropolitan area definitions, as revised by
HUD, that are used for the FY 2020 FMRs.
Area Definitions
To make certain that they are using the correct AAFs, users should
refer to the Area Definitions Table section at https://www.huduser.gov/portal/datasets/aaf.html. The Area Definitions Table lists CPI areas in
alphabetical order by state, and the associated Census region is shown
next to each state name. Areas whose AAFs are determined by local CPI
surveys are listed first. All metropolitan areas with local CPI surveys
have separate AAF schedules and are shown with their corresponding
county definitions or as metropolitan counties. In the six New England
states, the listings are for counties or parts of counties as defined
by towns or cities. The remaining counties use the CPI for the Census
Region and are not separately listed in the Area Definitions Table at
https://www.huduser.gov/portal/datasets/aaf.html.
Puerto Rico uses its own AAFs calculated from the Puerto Rico CPI
as adjusted by the PRCS, the Virgin Islands uses the South Region AAFs
and the Pacific Islands uses the West Region AAFs.
Dated: November 26, 2019.
Seth D. Appleton,
Assistant Secretary for Policy Development and Research.
[FR Doc. 2019-26426 Filed 12-9-19; 8:45 am]
BILLING CODE 4210-67-P