80_FR_12471 80 FR 12426 - Rural Development Voucher Program

80 FR 12426 - Rural Development Voucher Program

DEPARTMENT OF AGRICULTURE
Rural Housing Service

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range12426-12429
FR Document2015-05433

The U.S. Department of Agriculture (USDA) in fiscal year (FY) 2006 established the demonstration Rural Development Voucher Program (RDVP), as authorized under Section 542 of the Housing Act of 1949 as amended (42 U.S.C. 1490R) (without regard to Section 542(b)). This Notice informs the public of the general policies and procedures for the RDVP for FY 2015. Rural Development Vouchers are only available to low-income tenants of Rural Development (RD)-financed multi-family properties where the Rural Rental Housing loan (Section 515) has been prepaid (either through prepayment or foreclosure action), prior to the loan's maturity date.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12426-12429]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05433]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Rural Development Voucher Program

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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SUMMARY: The U.S. Department of Agriculture (USDA) in fiscal year (FY) 
2006 established the demonstration Rural Development Voucher Program 
(RDVP), as authorized under Section 542 of the Housing Act of 1949 as 
amended (42 U.S.C. 1490R) (without regard to Section 542(b)). This 
Notice informs the public of the general policies and procedures for 
the RDVP for FY 2015. Rural Development Vouchers are only available to 
low-income tenants of Rural Development (RD)-financed multi-family 
properties where the Rural Rental Housing loan (Section 515) has been 
prepaid (either through prepayment or foreclosure action), prior to the 
loan's maturity date.

DATES: In order for eligible tenants to participate, a voucher 
obligation form must be submitted within 10 months of the foreclosure 
or pre-payment.

FOR FURTHER INFORMATION CONTACT: Stephanie B.M. White, Director, Multi-
Family Housing Portfolio Management Division, Rural Development, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., STOP 0782, 
Washington, DC 20250, telephone (202) 720-1615. Persons with hearing or 
speech impairments may access this number via TDD by calling the toll-
free Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    This Notice outlines the process for providing voucher assistance 
to eligible tenants when a property owner either prepays a Section 515 
loan or USDA action results in a foreclosure after September 30, 2005.

II. Design Features of the RDVP

    This section sets forth the design features of the RDVP, including 
the eligibility of tenants, the inspection of the housing units, and 
the calculation of the subsidy amount.
    Rural Development Vouchers under this part are administered by the 
Rural Housing Service, an agency under the RD mission area, in 
accordance with requirements set forth in this Notice and further 
explained in, ``The Rural Development Voucher Program Guide,'' which 
can be obtained by contacting any RD Office. Contact information for RD 
offices can be found at: http://www.rurdev.usda.gov/StateOfficeAddresses.html. These requirements are generally based on 
the housing choice voucher program regulations of the Department of 
Housing and Urban Development (HUD) set forth at 24 CFR part 982, 
unless otherwise noted by this Notice.
    The RDVP is intended to offer protection to eligible Multi-Family 
Housing tenants in properties financed through RD's Section 515 Rural 
Rental Housing program (Section 515 property) who may be subject to 
economic hardship due to the property owner's prepayment of the RD 
mortgage. When the owner of a Section 515 property pays off the loan 
prior to the loan's maturity date (either through prepayment or 
foreclosure action), the RD affordable housing requirements and Rental 
Assistance (RA) subsidies generally cease to exist. Rents may increase, 
thereby making the housing unaffordable to tenants. Regardless, the 
tenant may become responsible for the full payment of rent when a 
prepayment occurs, whether or not the rent increases.
    The Rural Development Voucher is intended to help tenants by 
providing an annual rental subsidy, renewable on the terms and 
conditions set forth herein and subject to the availability of funds, 
that will supplement the tenant's rent payment. This program enables a 
tenant to make an informed decision about remaining in the property, 
moving to a new property, or obtaining other financial housing 
assistance. Low-income tenants in the prepaying property are eligible 
to receive a voucher to use at their current rental property, or to 
take to any other rental unit in the United States and its territories. 
Tenants in properties foreclosed on by RD are eligible for a Rural 
Development Voucher under the same conditions as properties that go 
through the standard prepayment process.
    There are some general limitations on the use of a voucher:
     The rental unit must pass a RD health and safety 
inspection, and the owner must be willing to accept a Rural Development 
Voucher.
     Rural Development Vouchers cannot be used for units in 
subsidized

[[Page 12427]]

housing, like Section 8 and public housing, where two housing subsidies 
would result. The Rural Development Voucher may be used for rental 
units in other properties financed by RD, but it cannot be used in 
combination with the RD RA program.
     The Rural Development Voucher may not be used to purchase 
a home.
    a. Tenant Eligibility. In order to be eligible for the Rural 
Development Voucher under this Notice, the tenant must meet the 
following conditions:
    1. Be residing in the Section 515 project on the date of the 
prepayment of the Section 515 loan or foreclosure by RD;
    2. Be a United States (U.S.) citizen, U.S. citizen national, or a 
resident alien that meets certain qualifications. In accordance with 
Section 214 of the Housing and Community Development Act of 1980 (42 
U.S.C. 1436a), financial assistance under this voucher program can only 
be provided to a United States (U.S.) citizen, U.S. non-citizen 
national, or a resident alien that meets certain qualifications. RD 
considers the tenant who applies for the voucher under this Notice as 
the individual receiving the financial assistance from the voucher. 
Accordingly, the individual tenant who applies for a voucher under this 
program must submit the following documentation (42 U.S.C. 1436a(d)):
    i. For citizens, a written declaration of U.S. citizenship signed 
under the penalty of perjury. RD may request verification of the 
declaration by requiring presentation of a U.S. passport, Social 
Security card, or other appropriate documentation, as determined by RD;
    ii. For non-citizens who are 62 years of age or older, the evidence 
consists of:
    A. A signed declaration of eligible immigration status; and
    B. Proof of age document; and
    iii. For all other non-citizens:
    A. A signed declaration of eligible immigration status;
    B. Alien registration documentation or other proof of immigration 
registration from the United States Citizenship and Immigration 
Services (USCIS) that contains the individual's alien admission number 
or alien file number; and
    C. A signed verification consent form that provides that evidence 
of eligible immigration status may be released to RD and USCIS for 
purposes of verifying the immigration status of the individual. RD 
shall provide a reasonable opportunity, not to exceed 30 days, for an 
individual to submit evidence indicating a satisfactory immigration 
status, or to appeal to the Immigration and Naturalization Service the 
verification determination of the Immigration and Naturalization 
Service; and
    3. Be a low-income tenant on the date of the prepayment or 
foreclosure. A low-income tenant is a tenant whose annual income does 
not exceed 80 percent of the tenant median income for the area as 
defined by HUD. HUD's definition of median income can be found at: 
http://www.huduser.org/portal/datasets/il/il14/index_mfi.html.
    During the prepayment or foreclosure process, RD will evaluate the 
tenant to determine if the tenant is low-income. If RD determines a 
tenant is low-income, then within 90 days following the foreclosure or 
prepayment, RD will send the tenant a letter offering the tenant a 
voucher and will enclose a Voucher Obligation Request Form and a 
citizenship declaration form. If the tenant wants to participate in the 
RDVP, the tenant has 10 months from the date of prepayment or 
foreclosure to return the Voucher Obligation Request Form and the 
citizenship declaration to the local RD Office. If RD determines that 
the tenant is ineligible, RD will provide administrative appeal rights 
in accordance with 7 CFR part 11.
    b. Obtaining a Voucher. RD will monitor the prepayment request 
process or foreclosure process, as applicable. As part of prepayment or 
foreclosure of the Section 515 property, RD will determine market rents 
in the housing market area prior to the date of prepayment or 
foreclosure. The market rents will be used to calculate the amount of 
the voucher each tenant is entitled to receive.
    As noted above, all tenants will be notified if they are eligible 
and the amount of the voucher within 90 days following the date of 
prepayment or foreclosure. The tenant notice will include a description 
of the RDVP, a Voucher Obligation Request Form, and letter from RD 
offering the tenant participation in RDVP. The tenant has 10 months 
from the date of prepayment or foreclosure to return the Voucher 
Obligation Request Form and the signed citizenship declaration. Failure 
to submit the Voucher Obligation Request Form and the signed 
citizenship declaration within the required timeframes eliminates the 
tenant's opportunity to receive a voucher. A tenant's failure to 
respond within the required timeframes is not appealable.
    Once the tenant returns the Voucher Obligation Request Form and the 
citizenship declaration to RD, a voucher will be issued within 30 days 
subject to the availability of funding. All information necessary for a 
housing search, explanations of unit acceptability, and RD contact 
information will be provided by RD to the tenant after the Voucher 
Obligation Request Form and citizenship declaration are received. In 
cases where the foreclosure sale yields no successful bidders and the 
property enters RD inventory, vouchers will only be offered upon the 
property's entry into inventory. The voucher cannot be used at an 
inventory property.
    The tenant receiving a Rural Development Voucher has an initial 
period of 60 calendar days from issuance of the voucher to find a 
housing unit. At its discretion, RD may grant one or more extensions of 
the initial period for up to an additional 60 days. Generally, the 
maximum voucher period for any tenant participating in the RDVP is 120 
days. RD will extend the voucher search period beyond the 120 days only 
if the tenant needs and requests an extension of the initial period as 
a reasonable accommodation to make the program accessible to a disabled 
family member. If the Rural Development Voucher remains unused after a 
period of 150 days from the date of original issuance, the Rural 
Development Voucher will become void, any funding will be cancelled, 
and the tenant will no longer be eligible to receive a Rural 
Development Voucher at that property.
    If a tenant previously participated in the RDVP and was 
subsequently terminated, that tenant is ineligible for future 
participation in the RDVP.
    c. Initial Lease Term. The initial lease term for the housing unit 
where the tenant wishes to use the Rural Development Voucher must be 
for one year. The ``initial lease'' is the first lease signed by and 
between the tenant and the property owner.
    d. Inspection of Units and Unit Approval. Once the tenant finds a 
housing unit, Rural Development will inspect and determine if the 
housing standard is acceptable within 30 days of RD's receipt of the 
HUD Form 52517, ``Request for Tenancy Approval Housing Choice Voucher 
Program'' found at: http://portal.hud.gov/hudportal/documents/huddoc?id=52517.pdf and the Disclosure of Information on Lead-Based 
Paint Hazards. The inspection standards currently in effect for the RD 
Section 515 Multi-Family Housing program apply to the RDVP. RD must 
inspect the unit and ensure that the unit meets the housing inspection 
standards set forth at 7 CFR 3560.103. Under no circumstances will RD 
make voucher rental payments for any period of time prior to the date 
that RD physically inspects the unit and determines the unit meets the 
housing inspection

[[Page 12428]]

standards. In the case of properties financed by RD under the Section 
515 program, RD will only accept the results of physical inspections 
performed no more than one year prior to the date of receipt by RD of 
Form HUD 52517, in order to make determinations on acceptable housing 
standards. Before approving tenancy or executing a Housing Assistance 
Payments contract, RD must first determine that the following 
conditions are met:
    1. The unit has been inspected by RD and passes the housing 
standards inspection or has otherwise been found acceptable by RD, as 
noted previously; and
    2. The lease includes the HUD Tenancy Addendum. A copy of the HUD 
Tenancy Addendum will be provided by RD when the tenant is informed he/
she is eligible for a voucher.
    Once the conditions in the above paragraph are met, RD will approve 
the unit for leasing. RD will then execute with the owner a Housing 
Assistance Payments (HAP) contract, Form HUD-52641. The HAP contract 
must be executed before Rural Development Voucher payments can be made. 
RD will attempt to execute the HAP contract on behalf of the tenant 
before the beginning of the lease term. In the event that this does not 
occur, the HAP contract may be executed up to 60 calendar days after 
the beginning of the lease term. If the HAP contract is executed during 
this 60-day period, RD will make retroactive housing assistance 
payments to the owner, on behalf of the tenant, to cover the portion of 
the approved lease term before execution of the HAP contract. The HAP 
contract and lease will need to be revised to the later effective date. 
RD will not execute a HAP contract that is dated prior to either the 
prepayment date of the Section 515 loan, or the date of foreclosure, as 
appropriate. Any HAP contract executed after the 60-day period will be 
considered untimely. If the failure to execute the HAP contract within 
the aforementioned 60-day period lies with the owner, as determined by 
RD, then RD will not pay any housing assistance payment to the owner 
for that period.
    e. Subsidy Calculations for Rural Development Vouchers. As stated 
earlier, an eligible tenant will be notified of the maximum voucher 
amount within 90 days following prepayment or foreclosure. The maximum 
voucher amount for the RDVP is the difference between the market rent 
in the housing market area and the tenant's contribution on the date of 
the prepayment, as determined by RD. The voucher amount will be based 
on the market rent; the voucher amount will never exceed the market 
rent at the time of prepayment even if the tenant chooses to stay in-
place.
    Also, in no event will the Rural Development Voucher payment exceed 
the actual tenant lease rent. The amount of the voucher will not change 
either over time or if the tenant chooses to move to a more expensive 
location.
    f. Mobility and Portability of Rural Development Vouchers. An 
eligible tenant that is issued a Rural Development Voucher may elect to 
use the voucher in the same project, or may choose to move to another 
location. The Rural Development Voucher may be used at the prepaid 
property or any other rental unit in the United States and its 
territories that passes RD physical inspection standards, and where the 
owner will accept a Rural Development Voucher and execute a Form HUD 
52641. Both the tenant and landlord must inform RD if the tenant plans 
to move during the HAP agreement term, even to a new unit in the same 
complex. All moves (within a complex or to another complex) require a 
new voucher obligation form, a new inspection by RD, and a new HAP 
agreement. In addition, HUD Section 8 and federally-assisted public 
housing are excluded from the RDVP because those units are already 
federally subsidized; tenants with a Rural Development Voucher would 
have to give up the Rural Development Voucher to accept those other 
types of assistance at those properties. However, while the Rural 
Development Voucher may be used in other properties financed by RD, it 
cannot be used in combination with the RD RA program. Tenants with a 
Rural Development Voucher that apply for housing in an RD-financed 
property must choose between using the voucher or RA, if available. If 
the tenant relinquishes the Rural Development Voucher in favor of RA, 
the tenant is not eligible to receive another Rural Development Voucher 
while the tenant is receiving such RA.
    g. Term of Funding and Conditions for Renewal for Rural Development 
Vouchers. The RDVP provides voucher assistance over 12 monthly 
payments. The voucher is issued to the household in the name of the 
primary tenant as the voucher holder. The voucher is not transferable 
from the voucher holder to any other household member, except in the 
case of the voucher holder's death or involuntary household separation, 
such as the incarceration of the voucher holder or transfer of the 
voucher holder to an assisted living or nursing home facility. Upon 
receiving documentation of such cases, the voucher may be transferred 
at the Agency's discretion to another tenant on the voucher holder's 
lease.
    The voucher is renewable subject to the availability of 
appropriations to the USDA. In order to renew a voucher, a tenant must 
return a signed Voucher Obligation Request Form, which will be sent to 
the tenant within 60-90 days before the current voucher expires. If the 
voucher holder fails to return the renewal Voucher Obligation Request 
Form before the current voucher funding expires, the voucher will be 
terminated and no renewal will occur.
    In order to ensure continued eligibility to use the Rural 
Development Voucher, tenants must certify at the time they apply for 
renewal of the voucher that the current tenant income does not exceed 
the ``maximum income level,'' which is 80 percent of family median 
income (a HUD dataset broken down by State, and then county). RD will 
advise the tenant of the maximum income level when the renewal Voucher 
Obligation Request Form is sent.
    Renewal requests will enjoy no preference over other voucher 
requests, and will be processed as described in this Notice.

III. Non-Discrimination Statement

    USDA prohibits discrimination in all its programs and activities on 
the basis of race, color, national origin, age, disability, and where 
applicable, sex, marital status, familial status, parental status, 
religion, sexual orientation, genetic information, political beliefs, 
reprisal, or because of all or part of an individual's income is 
derived from any public assistance program. (Not all prohibited bases 
apply to all programs.) Persons with disabilities who require 
alternative means for communication of program information (Braille, 
large print, audiotape, etc.) should contact USDA's TARGET Center at 
(202) 720-2600 (voice and TDD).
    If you wish to file a Civil Rights program complaint of 
discrimination, complete the USDA Program Discrimination Complaint 
Form, found online at: http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA Office, or call (866) 632-
9992 to request the form. Send your completed complaint form or letter 
by mail to: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250; by 
fax at (202) 690-7442; or, by email at: [email protected]. 
Individuals who are deaf, hard of hearing or have speech disabilities 
and who wish to file a program complaint should please contact USDA 
through the Federal Relay

[[Page 12429]]

Service at (800) 877-8339 or (800) 845-6136 (in Spanish). USDA is an 
equal opportunity provider and employer. The full ``Non-Discrimination 
Statement'' is found at: http://www.usda.gov.wps/portal/usda/usdahome?navtype=Non_Discrimination.

IV. Paperwork Reduction Act

    The information collection requirements contained in this document 
are those of the Housing Choice Voucher Program, which have been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB 
control number 2577-0169.

    Dated: March 3, 2015.
Tony Hernandez,
Administrator, Housing and Community Facilities Programs.
[FR Doc. 2015-05433 Filed 3-6-15; 8:45 am]
BILLING CODE 3410-XV-P



                                                  12426                          Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

                                                  or focus attention on areas where                       Office of Management and Budget                          Rural Development Vouchers under
                                                  communication, training or changes in                   control number.                                       this part are administered by the Rural
                                                  operations might improve delivery of                                                                          Housing Service, an agency under the
                                                                                                          Ruth Brown,
                                                  products or services. These collections                                                                       RD mission area, in accordance with
                                                  will allow for ongoing, collaborative and               Departmental Information Collection                   requirements set forth in this Notice and
                                                                                                          Clearance Officer.
                                                  actionable communications between the                                                                         further explained in, ‘‘The Rural
                                                                                                          [FR Doc. 2015–05401 Filed 3–6–15; 8:45 am]            Development Voucher Program Guide,’’
                                                  Agency and its customers and
                                                  stakeholders. It will also allow feedback               BILLING CODE 3410–DM–P                                which can be obtained by contacting
                                                  to contribute directly to the                                                                                 any RD Office. Contact information for
                                                  improvement of program management.                                                                            RD offices can be found at: http://
                                                                                                          DEPARTMENT OF AGRICULTURE                             www.rurdev.usda.gov/
                                                     Feedback collected under this generic
                                                  clearance will provide useful                           Rural Housing Service                                 StateOfficeAddresses.html. These
                                                  information, but it will not yield data                                                                       requirements are generally based on the
                                                  that can be generalized to the overall                  Rural Development Voucher Program                     housing choice voucher program
                                                  population. This type of generic                                                                              regulations of the Department of
                                                  clearance for qualitative information                   AGENCY:   Rural Housing Service, USDA.                Housing and Urban Development (HUD)
                                                  will not be used for quantitative                       ACTION:   Notice.                                     set forth at 24 CFR part 982, unless
                                                  information collections that are                                                                              otherwise noted by this Notice.
                                                  designed to yield reliably actionable                   SUMMARY:   The U.S. Department of                        The RDVP is intended to offer
                                                  results, such as monitoring trends over                 Agriculture (USDA) in fiscal year (FY)                protection to eligible Multi-Family
                                                  time or documenting program                             2006 established the demonstration                    Housing tenants in properties financed
                                                  performance. Such data uses require                     Rural Development Voucher Program                     through RD’s Section 515 Rural Rental
                                                  more rigorous designs that address: the                 (RDVP), as authorized under Section                   Housing program (Section 515 property)
                                                  target population to which                              542 of the Housing Act of 1949 as                     who may be subject to economic
                                                  generalizations will be made, the                       amended (42 U.S.C. 1490R) (without                    hardship due to the property owner’s
                                                  sampling frame, the sample design                       regard to Section 542(b)). This Notice                prepayment of the RD mortgage. When
                                                  (including stratification and clustering),              informs the public of the general                     the owner of a Section 515 property
                                                  the precision requirements or power                     policies and procedures for the RDVP                  pays off the loan prior to the loan’s
                                                                                                          for FY 2015. Rural Development                        maturity date (either through
                                                  calculations that justify the proposed
                                                                                                          Vouchers are only available to low-                   prepayment or foreclosure action), the
                                                  sample size, the expected response rate,
                                                                                                          income tenants of Rural Development                   RD affordable housing requirements and
                                                  methods for assessing potential non-
                                                                                                          (RD)-financed multi-family properties                 Rental Assistance (RA) subsidies
                                                  response bias, the protocols for data
                                                                                                          where the Rural Rental Housing loan                   generally cease to exist. Rents may
                                                  collection, and any testing procedures
                                                                                                          (Section 515) has been prepaid (either                increase, thereby making the housing
                                                  that were or will be undertaken prior
                                                                                                          through prepayment or foreclosure                     unaffordable to tenants. Regardless, the
                                                  fielding the study. Depending on the
                                                                                                          action), prior to the loan’s maturity date.           tenant may become responsible for the
                                                  degree of influence the results are likely
                                                                                                          DATES: In order for eligible tenants to               full payment of rent when a prepayment
                                                  to have, such collections may still be
                                                                                                          participate, a voucher obligation form                occurs, whether or not the rent
                                                  eligible for submission for other generic                                                                     increases.
                                                  mechanisms that are designed to yield                   must be submitted within 10 months of
                                                                                                                                                                   The Rural Development Voucher is
                                                  quantitative results.                                   the foreclosure or pre-payment.
                                                                                                                                                                intended to help tenants by providing
                                                     The Agency received no comments in                   FOR FURTHER INFORMATION CONTACT:                      an annual rental subsidy, renewable on
                                                  response to the 60-day notice published                 Stephanie B.M. White, Director, Multi-                the terms and conditions set forth
                                                  in the Federal Register on September                    Family Housing Portfolio Management                   herein and subject to the availability of
                                                  17, 2014 (79 FR 55745). No comments                     Division, Rural Development, U.S.                     funds, that will supplement the tenant’s
                                                  were received.                                          Department of Agriculture, 1400                       rent payment. This program enables a
                                                                                                          Independence Avenue SW., STOP 0782,                   tenant to make an informed decision
                                                  The Food Safety and Inspection                          Washington, DC 20250, telephone (202)
                                                  Service—0583–0151                                                                                             about remaining in the property, moving
                                                                                                          720–1615. Persons with hearing or                     to a new property, or obtaining other
                                                    Current Actions: Revision and                         speech impairments may access this                    financial housing assistance. Low-
                                                  Extension of Currently Approved                         number via TDD by calling the toll-free               income tenants in the prepaying
                                                  Collection.                                             Federal Information Relay Service at                  property are eligible to receive a
                                                    Type of Review: Revision and                          (800) 877–8339.                                       voucher to use at their current rental
                                                  Extension.                                              SUPPLEMENTARY INFORMATION:                            property, or to take to any other rental
                                                    Affected Public: Not-for-profit                       I. Background                                         unit in the United States and its
                                                  institutions.                                                                                                 territories. Tenants in properties
                                                    Average Expected Annual Number of                       This Notice outlines the process for                foreclosed on by RD are eligible for a
                                                  Activities: 10.                                         providing voucher assistance to eligible              Rural Development Voucher under the
                                                    Respondents: 10,000.                                  tenants when a property owner either                  same conditions as properties that go
                                                                                                          prepays a Section 515 loan or USDA                    through the standard prepayment
                                                    Annual Responses: 10,000.
                                                                                                          action results in a foreclosure after                 process.
                                                    Frequency of Response: Once per
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          September 30, 2005.                                      There are some general limitations on
                                                  request.
                                                                                                          II. Design Features of the RDVP                       the use of a voucher:
                                                    Average Minutes per Response: 60.                                                                              • The rental unit must pass a RD
                                                    Burden Hours: 10,000.                                    This section sets forth the design                 health and safety inspection, and the
                                                    An agency may not conduct or                          features of the RDVP, including the                   owner must be willing to accept a Rural
                                                  sponsor, and a person is not required to                eligibility of tenants, the inspection of             Development Voucher.
                                                  respond to, a collection of information                 the housing units, and the calculation of                • Rural Development Vouchers
                                                  unless it displays a currently valid                    the subsidy amount.                                   cannot be used for units in subsidized


                                             VerDate Sep<11>2014   18:04 Mar 06, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\09MRN1.SGM   09MRN1


                                                                                 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices                                                12427

                                                  housing, like Section 8 and public                      verification determination of the                     acceptability, and RD contact
                                                  housing, where two housing subsidies                    Immigration and Naturalization Service;               information will be provided by RD to
                                                  would result. The Rural Development                     and                                                   the tenant after the Voucher Obligation
                                                  Voucher may be used for rental units in                    3. Be a low-income tenant on the date              Request Form and citizenship
                                                  other properties financed by RD, but it                 of the prepayment or foreclosure. A low-              declaration are received. In cases where
                                                  cannot be used in combination with the                  income tenant is a tenant whose annual                the foreclosure sale yields no successful
                                                  RD RA program.                                          income does not exceed 80 percent of                  bidders and the property enters RD
                                                     • The Rural Development Voucher                      the tenant median income for the area                 inventory, vouchers will only be offered
                                                  may not be used to purchase a home.                     as defined by HUD. HUD’s definition of                upon the property’s entry into
                                                     a. Tenant Eligibility. In order to be                median income can be found at:                        inventory. The voucher cannot be used
                                                  eligible for the Rural Development                      http://www.huduser.org/portal/                        at an inventory property.
                                                  Voucher under this Notice, the tenant                   datasets/il/il14/index_mfi.html.                         The tenant receiving a Rural
                                                  must meet the following conditions:                        During the prepayment or foreclosure               Development Voucher has an initial
                                                     1. Be residing in the Section 515                    process, RD will evaluate the tenant to               period of 60 calendar days from
                                                  project on the date of the prepayment of                determine if the tenant is low-income. If             issuance of the voucher to find a
                                                  the Section 515 loan or foreclosure by                  RD determines a tenant is low-income,                 housing unit. At its discretion, RD may
                                                  RD;                                                     then within 90 days following the                     grant one or more extensions of the
                                                     2. Be a United States (U.S.) citizen,                foreclosure or prepayment, RD will send               initial period for up to an additional 60
                                                  U.S. citizen national, or a resident alien              the tenant a letter offering the tenant a             days. Generally, the maximum voucher
                                                  that meets certain qualifications. In                   voucher and will enclose a Voucher                    period for any tenant participating in
                                                  accordance with Section 214 of the                      Obligation Request Form and a                         the RDVP is 120 days. RD will extend
                                                  Housing and Community Development                       citizenship declaration form. If the                  the voucher search period beyond the
                                                  Act of 1980 (42 U.S.C. 1436a), financial                tenant wants to participate in the RDVP,              120 days only if the tenant needs and
                                                  assistance under this voucher program                   the tenant has 10 months from the date                requests an extension of the initial
                                                  can only be provided to a United States                 of prepayment or foreclosure to return                period as a reasonable accommodation
                                                  (U.S.) citizen, U.S. non-citizen national,              the Voucher Obligation Request Form                   to make the program accessible to a
                                                  or a resident alien that meets certain                  and the citizenship declaration to the                disabled family member. If the Rural
                                                  qualifications. RD considers the tenant                 local RD Office. If RD determines that                Development Voucher remains unused
                                                  who applies for the voucher under this                  the tenant is ineligible, RD will provide             after a period of 150 days from the date
                                                  Notice as the individual receiving the                  administrative appeal rights in                       of original issuance, the Rural
                                                  financial assistance from the voucher.                  accordance with 7 CFR part 11.                        Development Voucher will become
                                                  Accordingly, the individual tenant who                     b. Obtaining a Voucher. RD will                    void, any funding will be cancelled, and
                                                  applies for a voucher under this                        monitor the prepayment request process                the tenant will no longer be eligible to
                                                  program must submit the following                       or foreclosure process, as applicable. As             receive a Rural Development Voucher at
                                                  documentation (42 U.S.C. 1436a(d)):                     part of prepayment or foreclosure of the              that property.
                                                     i. For citizens, a written declaration of            Section 515 property, RD will determine                  If a tenant previously participated in
                                                  U.S. citizenship signed under the                       market rents in the housing market area               the RDVP and was subsequently
                                                  penalty of perjury. RD may request                      prior to the date of prepayment or                    terminated, that tenant is ineligible for
                                                  verification of the declaration by                      foreclosure. The market rents will be                 future participation in the RDVP.
                                                  requiring presentation of a U.S.                        used to calculate the amount of the                      c. Initial Lease Term. The initial lease
                                                  passport, Social Security card, or other                voucher each tenant is entitled to                    term for the housing unit where the
                                                  appropriate documentation, as                           receive.                                              tenant wishes to use the Rural
                                                  determined by RD;                                          As noted above, all tenants will be                Development Voucher must be for one
                                                     ii. For non-citizens who are 62 years                notified if they are eligible and the                 year. The ‘‘initial lease’’ is the first lease
                                                  of age or older, the evidence consists of:              amount of the voucher within 90 days                  signed by and between the tenant and
                                                     A. A signed declaration of eligible                  following the date of prepayment or                   the property owner.
                                                  immigration status; and                                 foreclosure. The tenant notice will                      d. Inspection of Units and Unit
                                                     B. Proof of age document; and                        include a description of the RDVP, a                  Approval. Once the tenant finds a
                                                     iii. For all other non-citizens:                     Voucher Obligation Request Form, and                  housing unit, Rural Development will
                                                     A. A signed declaration of eligible                  letter from RD offering the tenant                    inspect and determine if the housing
                                                  immigration status;                                     participation in RDVP. The tenant has                 standard is acceptable within 30 days of
                                                     B. Alien registration documentation                  10 months from the date of prepayment                 RD’s receipt of the HUD Form 52517,
                                                  or other proof of immigration                           or foreclosure to return the Voucher                  ‘‘Request for Tenancy Approval Housing
                                                  registration from the United States                     Obligation Request Form and the signed                Choice Voucher Program’’ found at:
                                                  Citizenship and Immigration Services                    citizenship declaration. Failure to                   http://portal.hud.gov/hudportal/
                                                  (USCIS) that contains the individual’s                  submit the Voucher Obligation Request                 documents/huddoc?id=52517.pdf and
                                                  alien admission number or alien file                    Form and the signed citizenship                       the Disclosure of Information on Lead-
                                                  number; and                                             declaration within the required                       Based Paint Hazards. The inspection
                                                     C. A signed verification consent form                timeframes eliminates the tenant’s                    standards currently in effect for the RD
                                                  that provides that evidence of eligible                 opportunity to receive a voucher. A                   Section 515 Multi-Family Housing
                                                  immigration status may be released to                   tenant’s failure to respond within the                program apply to the RDVP. RD must
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                                                  RD and USCIS for purposes of verifying                  required timeframes is not appealable.                inspect the unit and ensure that the unit
                                                  the immigration status of the individual.                  Once the tenant returns the Voucher                meets the housing inspection standards
                                                  RD shall provide a reasonable                           Obligation Request Form and the                       set forth at 7 CFR 3560.103. Under no
                                                  opportunity, not to exceed 30 days, for                 citizenship declaration to RD, a voucher              circumstances will RD make voucher
                                                  an individual to submit evidence                        will be issued within 30 days subject to              rental payments for any period of time
                                                  indicating a satisfactory immigration                   the availability of funding. All                      prior to the date that RD physically
                                                  status, or to appeal to the Immigration                 information necessary for a housing                   inspects the unit and determines the
                                                  and Naturalization Service the                          search, explanations of unit                          unit meets the housing inspection


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                                                  12428                          Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

                                                  standards. In the case of properties                    based on the market rent; the voucher                 transferred at the Agency’s discretion to
                                                  financed by RD under the Section 515                    amount will never exceed the market                   another tenant on the voucher holder’s
                                                  program, RD will only accept the results                rent at the time of prepayment even if                lease.
                                                  of physical inspections performed no                    the tenant chooses to stay in-place.                     The voucher is renewable subject to
                                                  more than one year prior to the date of                    Also, in no event will the Rural                   the availability of appropriations to the
                                                  receipt by RD of Form HUD 52517, in                     Development Voucher payment exceed                    USDA. In order to renew a voucher, a
                                                  order to make determinations on                         the actual tenant lease rent. The amount              tenant must return a signed Voucher
                                                  acceptable housing standards. Before                    of the voucher will not change either                 Obligation Request Form, which will be
                                                  approving tenancy or executing a                        over time or if the tenant chooses to                 sent to the tenant within 60–90 days
                                                  Housing Assistance Payments contract,                   move to a more expensive location.                    before the current voucher expires. If
                                                  RD must first determine that the                           f. Mobility and Portability of Rural               the voucher holder fails to return the
                                                  following conditions are met:                           Development Vouchers. An eligible                     renewal Voucher Obligation Request
                                                     1. The unit has been inspected by RD                 tenant that is issued a Rural                         Form before the current voucher
                                                  and passes the housing standards                        Development Voucher may elect to use                  funding expires, the voucher will be
                                                  inspection or has otherwise been found                  the voucher in the same project, or may               terminated and no renewal will occur.
                                                  acceptable by RD, as noted previously;                  choose to move to another location. The                  In order to ensure continued
                                                  and                                                     Rural Development Voucher may be                      eligibility to use the Rural Development
                                                     2. The lease includes the HUD                        used at the prepaid property or any                   Voucher, tenants must certify at the
                                                  Tenancy Addendum. A copy of the                         other rental unit in the United States                time they apply for renewal of the
                                                  HUD Tenancy Addendum will be                            and its territories that passes RD                    voucher that the current tenant income
                                                  provided by RD when the tenant is                       physical inspection standards, and                    does not exceed the ‘‘maximum income
                                                  informed he/she is eligible for a                       where the owner will accept a Rural                   level,’’ which is 80 percent of family
                                                  voucher.                                                Development Voucher and execute a                     median income (a HUD dataset broken
                                                     Once the conditions in the above                     Form HUD 52641. Both the tenant and                   down by State, and then county). RD
                                                  paragraph are met, RD will approve the                  landlord must inform RD if the tenant                 will advise the tenant of the maximum
                                                  unit for leasing. RD will then execute                  plans to move during the HAP                          income level when the renewal Voucher
                                                  with the owner a Housing Assistance                     agreement term, even to a new unit in                 Obligation Request Form is sent.
                                                  Payments (HAP) contract, Form HUD–                      the same complex. All moves (within a                    Renewal requests will enjoy no
                                                  52641. The HAP contract must be                         complex or to another complex) require                preference over other voucher requests,
                                                  executed before Rural Development                       a new voucher obligation form, a new                  and will be processed as described in
                                                  Voucher payments can be made. RD will                   inspection by RD, and a new HAP                       this Notice.
                                                  attempt to execute the HAP contract on                  agreement. In addition, HUD Section 8                 III. Non-Discrimination Statement
                                                  behalf of the tenant before the beginning               and federally-assisted public housing
                                                  of the lease term. In the event that this               are excluded from the RDVP because                       USDA prohibits discrimination in all
                                                  does not occur, the HAP contract may                    those units are already federally                     its programs and activities on the basis
                                                  be executed up to 60 calendar days after                subsidized; tenants with a Rural                      of race, color, national origin, age,
                                                  the beginning of the lease term. If the                 Development Voucher would have to                     disability, and where applicable, sex,
                                                  HAP contract is executed during this 60-                give up the Rural Development Voucher                 marital status, familial status, parental
                                                  day period, RD will make retroactive                    to accept those other types of assistance             status, religion, sexual orientation,
                                                  housing assistance payments to the                      at those properties. However, while the               genetic information, political beliefs,
                                                  owner, on behalf of the tenant, to cover                Rural Development Voucher may be                      reprisal, or because of all or part of an
                                                  the portion of the approved lease term                  used in other properties financed by RD,              individual’s income is derived from any
                                                  before execution of the HAP contract.                   it cannot be used in combination with                 public assistance program. (Not all
                                                  The HAP contract and lease will need                    the RD RA program. Tenants with a                     prohibited bases apply to all programs.)
                                                  to be revised to the later effective date.              Rural Development Voucher that apply                  Persons with disabilities who require
                                                  RD will not execute a HAP contract that                 for housing in an RD-financed property                alternative means for communication of
                                                  is dated prior to either the prepayment                 must choose between using the voucher                 program information (Braille, large
                                                  date of the Section 515 loan, or the date               or RA, if available. If the tenant                    print, audiotape, etc.) should contact
                                                  of foreclosure, as appropriate. Any HAP                 relinquishes the Rural Development                    USDA’s TARGET Center at (202) 720–
                                                  contract executed after the 60-day                      Voucher in favor of RA, the tenant is not             2600 (voice and TDD).
                                                  period will be considered untimely. If                  eligible to receive another Rural                        If you wish to file a Civil Rights
                                                  the failure to execute the HAP contract                 Development Voucher while the tenant                  program complaint of discrimination,
                                                  within the aforementioned 60-day                        is receiving such RA.                                 complete the USDA Program
                                                  period lies with the owner, as                             g. Term of Funding and Conditions                  Discrimination Complaint Form, found
                                                  determined by RD, then RD will not pay                  for Renewal for Rural Development                     online at: http://www.ascr.usda.gov/
                                                  any housing assistance payment to the                   Vouchers. The RDVP provides voucher                   complaint_filing_cust.html or at any
                                                  owner for that period.                                  assistance over 12 monthly payments.                  USDA Office, or call (866) 632–9992 to
                                                     e. Subsidy Calculations for Rural                    The voucher is issued to the household                request the form. Send your completed
                                                  Development Vouchers. As stated                         in the name of the primary tenant as the              complaint form or letter by mail to: U.S.
                                                  earlier, an eligible tenant will be                     voucher holder. The voucher is not                    Department of Agriculture, Director,
                                                  notified of the maximum voucher                         transferable from the voucher holder to               Office of Adjudication, 1400
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                                                  amount within 90 days following                         any other household member, except in                 Independence Avenue SW.,
                                                  prepayment or foreclosure. The                          the case of the voucher holder’s death                Washington, DC 20250; by fax at (202)
                                                  maximum voucher amount for the                          or involuntary household separation,                  690–7442; or, by email at:
                                                  RDVP is the difference between the                      such as the incarceration of the voucher              program.intake@usda.gov. Individuals
                                                  market rent in the housing market area                  holder or transfer of the voucher holder              who are deaf, hard of hearing or have
                                                  and the tenant’s contribution on the                    to an assisted living or nursing home                 speech disabilities and who wish to file
                                                  date of the prepayment, as determined                   facility. Upon receiving documentation                a program complaint should please
                                                  by RD. The voucher amount will be                       of such cases, the voucher may be                     contact USDA through the Federal Relay


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                                                                                 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices                                             12429

                                                  Service at (800) 877–8339 or (800) 845–                 the methodology and assumptions that                  assistance and USDA foods to public
                                                  6136 (in Spanish). USDA is an equal                     were used; (c) ways to enhance the                    and non-profit private schools and
                                                  opportunity provider and employer. The                  quality, utility, and clarity of the                  residential childcare institutions to
                                                  full ‘‘Non-Discrimination Statement’’ is                information to be collected; and (d)                  facilitate serving meals that meet
                                                  found at: http://www.usda.gov.wps/                      ways to minimize the burden of the                    nutritional standards. At the State level,
                                                  portal/usda/usdahome?navtype=Non_                       collection of information on those who                State education agencies (SEAs)
                                                  Discrimination.                                         are to respond, including use of                      administer NSLP/SBP. At the local
                                                                                                          appropriate automated, electronic,                    level, School Food Authorities (SFAs)
                                                  IV. Paperwork Reduction Act
                                                                                                          mechanical, or other technological                    operate these programs through
                                                    The information collection                            collection techniques or other forms of               agreements with SEAs. SFAs use
                                                  requirements contained in this                          information technology.                               Management Information Systems (MIS)
                                                  document are those of the Housing                         Comments may be submitted through                   of varying levels of sophistication to
                                                  Choice Voucher Program, which have                      one of the following methods:                         collect the range of information required
                                                  been approved by the Office of                            • Preferred method: Submit                          to implement and manage school food
                                                  Management and Budget (OMB) under                       information through the Federal                       service programs.
                                                  the Paperwork Reduction Act of 1995                     eRulemaking Portal at http://                            The information SFAs collect include
                                                  (44 U.S.C. 3501–3520) and assigned                      www.regulations.gov. Follow the online                meal production, labor cost, food cost,
                                                  OMB control number 2577–0169.                           instructions for submissions.                         inventory and other data needed to
                                                    Dated: March 3, 2015.                                   • Mail: Submissions should be                       manage their operations. SFAs also
                                                  Tony Hernandez,                                         addressed to Dennis Ranalli, Social                   collect reimbursable meal counts and
                                                                                                          Science Policy Analyst, Office of Policy              other information for obtaining NSLP/
                                                  Administrator, Housing and Community
                                                  Facilities Programs.                                    Support, FNS, U.S. Department of                      SBP reimbursements and meeting State
                                                                                                          Agriculture, 3101 Park Center Drive,                  reporting requirements. SFAs are
                                                  [FR Doc. 2015–05433 Filed 3–6–15; 8:45 am]
                                                                                                          Room 1014, Alexandria, VA 22302.                      accountable for meeting NSLP/SBP
                                                  BILLING CODE 3410–XV–P
                                                                                                          Comments may also be emailed to                       standards, maintaining food safety
                                                                                                          dennis.ranalli@fns.usda.gov.                          standards, ensuring proper use of funds,
                                                                                                            All information properly and timely                 and managing meal services within a
                                                  DEPARTMENT OF AGRICULTURE
                                                                                                          submitted, using one of the methods                   budget.
                                                  Food and Nutrition Service                              described above, in response to this                     Current State and federal data
                                                                                                          request will be included in the record                collection requirements for the NSLP/
                                                  Agency Information Collection                           and will be made available to the public              SBP have grown from manual paper-
                                                  Activities: Proposed Collection;                        on the Internet at http://                            based reporting and early computer eras
                                                  Comment Requested—Review of Child                       www.regulations.gov. Please be advised                that were characterized by concerns to
                                                  Nutrition Data and Analysis for                         that the substance of the information                 minimize paperwork and reporting
                                                  Program Management                                      provided and the identity of the                      burden. While SFAs collect a wide array
                                                                                                          individuals or entities submitting it will            of data to enhance local administration,
                                                  AGENCY: Food and Nutrition Service                      be subject to public disclosure.                      SEAs request and aggregate a subset of
                                                  (FNS), USDA.                                              All written comments will be open for               this data and ultimately report only a
                                                  ACTION: Notice.                                         public inspection at the FNS office                   small part of it to the Food and
                                                                                                          located at 3101 Park Center Drive,                    Nutrition Service (FNS) as State data.
                                                  SUMMARY:   In accordance with the                       Alexandria, Virginia, 22302, Room
                                                  Paperwork Reduction Act of 1995, this                                                                            The purpose of this study is to review
                                                                                                          1014, during regular business hours                   and document the management
                                                  notice invites the general public and                   (8:30 a.m. to 5:00 p.m., Monday through
                                                  other public agencies to comment on                                                                           information systems of State education
                                                                                                          Friday). All responses to this notice will            agencies and School Food Authorities.
                                                  this proposed information collection.                   be summarized and included in the
                                                  This is a new collection to review and                                                                        Specifically, the study will present a
                                                                                                          request for Office of Management and                  baseline assessment of the MIS systems
                                                  document State and School Food                          Budget (OMB) approval. All comments
                                                  Authority (SFA) National School Lunch                                                                         based on data collected:
                                                                                                          will be a matter of public record.                       • Objective 1: Determine the baseline
                                                  Program (NSLP) and School Breakfast
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      ‘‘as is’’ functionality of State education
                                                  Program (SBP) Management Information
                                                  Systems (MIS) in order to provide FNS                   Requests for additional information or                agencies (SEA) and School Food
                                                  with a baseline assessment of the MIS                   copies of this information collection                 Authority (SFA) National School Lunch
                                                  system and to inform FNS regarding                      should be directed to Dennis Ranalli at               Program (NSLP)/School Breakfast
                                                  how States and SFAs use data systems                    703–305–2149 or dennis.ranalli@                       Program (SBP) data management
                                                  beyond fulfilling FNS reporting                         fns.usda.gov.                                         information systems.
                                                  requirements.                                           SUPPLEMENTARY INFORMATION:                               • Objective 2: Assess when State and
                                                                                                            Title: Review of Child Nutrition Data               local NSLP/SBP data management
                                                  DATES:Written comments on this notice                                                                         information systems were developed,
                                                                                                          and Analysis for Program Management.
                                                  must be received on or before May 8,                                                                          and the expected longevity of these
                                                                                                            Form Number: N/A.
                                                  2015.                                                                                                         systems.
                                                                                                            OMB Number: Not yet assigned.
                                                  ADDRESSES:   Comments are invited on:                     Expiration Date: Not yet determined.                   • Objective 3: Determine the typical
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                                                  (a) Whether the proposed collection of                    Type of Request: New collection.                    costs of developing, maintaining,
                                                  information is necessary for the proper                   Abstract: The Richard B. Russell                    modifying and replacing State and local
                                                  performance of the functions of the                     National School Lunch Act of 1946 and                 NSLP/SBP data management
                                                  agency, including whether the                           Child Nutrition Act of 1966 provide the               information systems.
                                                  information shall have practical utility;               legislative authority for the National                   • Objective 4: Outline the data
                                                  (b) the accuracy of the agency’s estimate               School Lunch Program (NSLP) and                       elements that State and SFA NSLP/SBP
                                                  of the burden of the proposed collection                School Breakfast Program (SBP). These                 data management systems collect and
                                                  of information, including the validity of               programs provide federal financial                    generate, beyond those reported to FNS,


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Document Created: 2015-12-18 12:05:30
Document Modified: 2015-12-18 12:05:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesIn order for eligible tenants to participate, a voucher obligation form must be submitted within 10 months of the foreclosure or pre-payment.
ContactStephanie B.M. White, Director, Multi- Family Housing Portfolio Management Division, Rural Development, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 0782, Washington, DC 20250, telephone (202) 720-1615. Persons with hearing or speech impairments may access this number via TDD by calling the toll- free Federal Information Relay Service at (800) 877-8339.
FR Citation80 FR 12426 

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