Department of Housing and Urban Development September 14, 2009 – Federal Register Recent Federal Regulation Documents

Request for Comments on Ending “Hold Harmless” Policy in Calculating Income Limits Under Section 8 of the United States Housing Act of 1937
Document Number: E9-22077
Type: Notice
Date: 2009-09-14
Agency: Department of Housing and Urban Development
For Fiscal Year (FY) 2009, HUD has continued its policy of maintaining Section 8 income limits at the previously published level in cases where HUD's estimate of area median family income (MFI) or housing cost adjustment data, or changes in calculation methodology, would lead to a lower income limit than was previously published. The policy was adopted to ensure that Multifamily Tax Subsidy Projects (MTSPs) would not be subject to income-limit and rent decreases when the data underlying income limits otherwise indicated decreases. The Housing and Economic Recovery Act of 2008 (Pub. L. 110-289) changed the tax code to protect existing MTSPs from decreases in income limits and rents, should HUD decide to discontinue this policy. However, maintaining artificially high income limits may have an adverse impact on other federal programs. HUD is requesting public comment on whether HUD should discontinue the practice with respect to Section 8 income limits such that income limits generally would be allowed to decrease.
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