81_FR_26661 81 FR 26576 - Section 8 Housing Assistance Payments Program-Annual Adjustment Factors, Fiscal Year 2016

81 FR 26576 - Section 8 Housing Assistance Payments Program-Annual Adjustment Factors, Fiscal Year 2016

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 85 (May 3, 2016)

Page Range26576-26578
FR Document2016-10328

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 2016 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 Consumer Price Index (CPI) survey. Beginning with the FY 2014 AAFs and continuing with these FY 2016 AAFs, the Puerto Rico CPI is used in place of the South Region CPI for all areas in Puerto Rico. These factors 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. A separate Federal Register Notice published on April 15, 2016 (81 FR 22296) identifies the inflation factors that will be used to adjust tenant-based rental assistance funding for FY 2016.

Federal Register, Volume 81 Issue 85 (Tuesday, May 3, 2016)
[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Notices]
[Pages 26576-26578]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10328]



[[Page 26576]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5930-N-01]


Section 8 Housing Assistance Payments Program--Annual Adjustment 
Factors, Fiscal Year 2016

AGENCY: Office of the Assistant Secretary for Policy Development and 
Research, HUD.

ACTION: Notice of Fiscal Year (FY) 2016 Annual Adjustment Factors 
(AAFs).

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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 2016 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 Consumer Price Index (CPI) 
survey. Beginning with the FY 2014 AAFs and continuing with these FY 
2016 AAFs, the Puerto Rico CPI is used in place of the South Region CPI 
for all areas in Puerto Rico. These factors 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. A separate Federal 
Register Notice published on April 15, 2016 (81 FR 22296) identifies 
the inflation factors that will be used to adjust tenant-based rental 
assistance funding for FY 2016.

DATES: Effective date: May 3, 2016.

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); Ann Oliva, Director, 
Office of Special Needs Assistance Programs, Office of Community 
Planning and Development, 202-708-4300, for questions regarding the 
Single Room Occupancy (SRO) Moderate Rehabilitation program; Catherine 
Brennan, Director, Office of Housing Assistance and Grant 
Administration, Office of Housing, 202-708-3000, for questions relating 
to all other Section 8 programs; and Marie Lihn, Economist, Economic 
and Market Analysis 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 Information Relay Service at 800-877-8339 (TTY). (Other 
than the ``800'' TTY number, the above-listed telephone numbers are not 
toll free.)

SUPPLEMENTARY INFORMATION: Tables showing AAFs will be available 
electronically from the HUD data information page at http://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 and for all units in the Project-Based Certificate program. 
There are three 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; and
    Category 3: The Section 8 Project-Based Certificate (PBC) 
program.\1\
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    \1\ As of February, 2016, all PBC contracts should be completed 
since the program has been merged with the Housing Choice Voucher 
program. For completeness, HUD is continuing to list Category 3 uses 
of AAFs for this FY 2016 AAF publication, but intends to discontinue 
listing Category 3 in FY 2017.
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    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. With the exception of the Project-Based Certificate 
program, 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 the Multifamily Assisted Housing Reform and 
Affordability Act of 1997 (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.
    Tenant-based Certificate Program. In the past, AAFs were used to 
adjust the contract rent (including manufactured home space rentals) in 
both the tenant-based and project-based certificate programs. The 
tenant-based certificate program has been terminated and all tenancies 
in the tenant-based certificate program have been converted to the 
Housing Choice Voucher Program, which does not use AAFs to adjust 
rents. All tenancies remaining in the project-based certificate program 
continue to use AAFs to adjust contract rent for outstanding HAP 
contracts.
    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 three 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

[[Page 26577]]

rent. In the Section 8 Moderate Rehabilitation program (both the 
regular 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)

    At this time Category 2 programs are not 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.

Category 3: Section 8 Project-Based Certificate Program

    The following procedures are used to adjust contract rent for 
outstanding HAP contracts in the Section 8 PBC program:
     Table 2 AAF is always used. The Table 1 AAF is not used.
     Table 2 AAF is always applied before determining 
comparability (rent reasonableness).
     Comparability always applies. If the comparable rent level 
is lower than the rent to owner (contract rent) as adjusted by 
application of the Table 2 AAF, the comparable rent level will be the 
new rent to owner.
     The new rent to owner will not be reduced below the 
contract rent on the effective date of the HAP contract.

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:
     For all tenancies assisted in the Section 8 Project-Based 
Certificate program.
     In other 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 Web site at 
http://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.'' \2\ 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

[[Page 26578]]

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.\3\
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    \2\ CPI indexes CUUSA103SEHA and CUSR0000SAH2 respectively.
    \3\ 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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Survey Data Used To Produce AAFs

    The rent and fuel and utilities inflation factors for large 
metropolitan areas and Census regions are based on changes in the rent 
of primary residence and fuels and utilities CPI indices from 2013 to 
2014. 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 2013 CEX survey data produced for HUD for the purpose of 
computing AAFs. The utility-to-rent ratio used to produce AAFs comes 
from 2013 ACS median rent and utility costs.

Geographic Areas

    AAFs are produced for all Class A CPI cities (CPI cities with a 
population of 1.5 million or more) and for the four Census Regions. 
They are applied to core-based statistical areas (CBSAs), as defined by 
the Office of Management and Budget (OMB), according to how much of the 
CBSA is covered by the CPI city-survey. If more than 75 percent of the 
CBSA is covered by the CPI city-survey, the AAF that is based on that 
CPI survey is applied to the whole CBSA and to any HUD-defined 
metropolitan area, called the ``HUD Metro FMR Area'' (HMFA), within 
that CBSA. If the CBSA is not covered by a CPI city-survey, the CBSA 
uses the relevant regional CPI factor. Almost all non-metropolitan 
counties use regional CPI factors.\4\ For areas assigned the Census 
Region CPI factor, both metropolitan and non-metropolitan areas receive 
the same factor.
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    \4\ There are four non-metropolitan counties that continue to 
use CPI city updates: Ashtabula County, OH, Henderson County, TX, 
Island County, WA, and Lenawee County, MI. BLS has not updated the 
geography underlying its survey for new OMB metropolitan area 
definitions and these counties, are no longer in metropolitan areas, 
but they are included as parts of CPI surveys because they meet the 
75 percent standard HUD imposes on survey coverage. These four 
counties are treated the same as metropolitan areas using CPI city 
data.
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    Each metropolitan area that uses a local CPI update factor is 
listed alphabetically in the tables and each 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 separate metropolitan areas, including HMFAs and 
counties that are currently designated as non-metropolitan, but are 
part of the metropolitan area defined in the local CPI survey.
     For the four Census Regions (to be used for those 
metropolitan and non-metropolitan areas that are not covered by a CPI 
city-survey).
    AAFs use the same OMB metropolitan area definitions, as revised by 
HUD, that are used for the FY 2016 FMRs.

Area Definitions

    To make certain that they are using the correct AAFs, users should 
refer to the Area Definitions Table section at http://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 
http://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. All areas in Hawaii 
use the AAFs listed next to ``Hawaii'' in the Tables which are based on 
the CPI survey for the Honolulu metropolitan area. The Pacific Islands 
use the West Region AAFs.

    Dated: April 25, 2016.
Katherine M. O'Regan,
 Assistant Secretary for Policy Development and Research.
[FR Doc. 2016-10328 Filed 5-2-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                    26576                           Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices

                                                    DEPARTMENT OF HOUSING AND                               Development and Research, 202–402–                    in the Multifamily Assisted Housing
                                                    URBAN DEVELOPMENT                                       5866, for technical information                       Reform and Affordability Act of 1997
                                                                                                            regarding the development of the                      (MAHRA), as amended, under which
                                                    [Docket No. FR–5930–N–01]                               schedules for specific areas or the                   the HAP is renewed. After renewal,
                                                                                                            methods used for calculating the AAFs.                annual rent adjustments will be
                                                    Section 8 Housing Assistance
                                                                                                            The mailing address for these                         provided in accordance with MAHRA.
                                                    Payments Program—Annual
                                                                                                            individuals is: Department of Housing
                                                    Adjustment Factors, Fiscal Year 2016                    and Urban Development, 451 7th Street                    Budget-based Rents. AAFs are not
                                                                                                            SW., Washington, DC 20410. Hearing- or                used for budget-based rent adjustments.
                                                    AGENCY:  Office of the Assistant
                                                    Secretary for Policy Development and                    speech-impaired persons may contact                   For projects receiving Section 8
                                                    Research, HUD.                                          the Federal Information Relay Service at              subsidies under the LM program (24
                                                                                                            800–877–8339 (TTY). (Other than the                   CFR part 886, subpart A) and for
                                                    ACTION: Notice of Fiscal Year (FY) 2016
                                                                                                            ‘‘800’’ TTY number, the above-listed                  projects receiving Section 8 subsidies
                                                    Annual Adjustment Factors (AAFs).
                                                                                                            telephone numbers are not toll free.)                 under the PD program (24 CFR part 886,
                                                    SUMMARY:   The United States Housing                    SUPPLEMENTARY INFORMATION: Tables                     subpart C), contract rents are adjusted,
                                                    Act of 1937 requires that certain                       showing AAFs will be available                        at HUD’s option, either by applying the
                                                    assistance contracts signed by owners                   electronically from the HUD data                      AAFs or by budget-based adjustments in
                                                    participating in the Department’s                       information page at http://                           accordance with 24 CFR 886.112(b) and
                                                    Section 8 housing assistance payment                    www.huduser.gov/portal/datasets/                      24 CFR 886.312(b). Budget-based
                                                    programs provide annual adjustments to                  aaf.html.                                             adjustments are used for most Section 8/
                                                    monthly rentals for units covered by the                I. Applying AAFs to Various Section 8                 202 projects.
                                                    contracts. This notice announces FY                     Programs                                                Tenant-based Certificate Program. In
                                                    2016 AAFs for adjustment of contract
                                                                                                              AAFs established by this Notice are                 the past, AAFs were used to adjust the
                                                    rents on the anniversary of those
                                                                                                            used to adjust contract rents for units               contract rent (including manufactured
                                                    assistance contracts. The factors are
                                                                                                            assisted in certain Section 8 housing                 home space rentals) in both the tenant-
                                                    based on a formula using residential
                                                    rent and utility cost changes from the                  assistance payment programs during the                based and project-based certificate
                                                    most recent annual Bureau of Labor                      initial (i.e., pre-renewal) term of the               programs. The tenant-based certificate
                                                    Statistics Consumer Price Index (CPI)                   HAP contract and for all units in the                 program has been terminated and all
                                                    survey. Beginning with the FY 2014                      Project-Based Certificate program. There              tenancies in the tenant-based certificate
                                                    AAFs and continuing with these FY                       are three categories of Section 8                     program have been converted to the
                                                    2016 AAFs, the Puerto Rico CPI is used                  programs that use the AAFs:                           Housing Choice Voucher Program,
                                                    in place of the South Region CPI for all                  Category 1: The Section 8 New                       which does not use AAFs to adjust
                                                    areas in Puerto Rico. These factors are                 Construction, Substantial                             rents. All tenancies remaining in the
                                                    applied at the anniversary of Housing                   Rehabilitation, and Moderate                          project-based certificate program
                                                    Assistance Payment (HAP) contracts for                  Rehabilitation programs;                              continue to use AAFs to adjust contract
                                                    which rents are to be adjusted using the                  Category 2: The Section 8 Loan                      rent for outstanding HAP contracts.
                                                    AAF for those calendar months                           Management (LM) and Property
                                                                                                            Disposition (PD) programs; and                          Voucher Program. AAFs are not used
                                                    commencing after the effective date of                                                                        to adjust rents in the Tenant-Based or
                                                    this notice. A separate Federal Register                  Category 3: The Section 8 Project-
                                                                                                            Based Certificate (PBC) program.1                     the Project-Based Voucher programs.
                                                    Notice published on April 15, 2016 (81
                                                    FR 22296) identifies the inflation factors                Each Section 8 program category uses                II. Adjustment Procedures
                                                    that will be used to adjust tenant-based                the AAFs differently. The specific
                                                    rental assistance funding for FY 2016.                  application of the AAFs is determined                   This section of the notice provides a
                                                                                                            by the law, the HAP contract, and                     broad description of procedures for
                                                    DATES: Effective date: May 3, 2016.
                                                                                                            appropriate program regulations or                    adjusting the contract rent. Technical
                                                    FOR FURTHER INFORMATION CONTACT:                        requirements.                                         details and requirements are described
                                                    Contact Becky Primeaux, Director,                         AAFs are not used in the following                  in HUD notices H 2002–10 (Section 8
                                                    Management and Operations Division,                     cases:                                                New Construction and Substantial
                                                    Office of Housing Voucher Programs,                       Renewal Rents. With the exception of
                                                    Office of Public and Indian Housing,                                                                          Rehabilitation, Loan Management, and
                                                                                                            the Project-Based Certificate program,                Property Disposition) and PIH 97–57
                                                    202–708–1380, for questions relating to                 AAFs are not used to determine renewal
                                                    the Project-Based Certificate and                                                                             (Moderate Rehabilitation and Project-
                                                                                                            rents after expiration of the original
                                                    Moderate Rehabilitation programs (not                                                                         Based Certificates).
                                                                                                            Section 8 HAP contract (either for
                                                    the Single Room Occupancy program);                     projects where the Section 8 HAP                        Because of statutory and structural
                                                    Ann Oliva, Director, Office of Special                  contract is renewed under a                           distinctions among the various Section
                                                    Needs Assistance Programs, Office of                    restructuring plan adopted under 24                   8 programs, there are separate rent
                                                    Community Planning and Development,                     CFR part 401; or renewed without                      adjustment procedures for the three
                                                    202–708–4300, for questions regarding                   restructuring under 24 CFR part 402). In              program categories:
                                                    the Single Room Occupancy (SRO)
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            general, renewal rents are established in
                                                    Moderate Rehabilitation program;                        accordance with the statutory provision               Category 1: Section 8 New Construction,
                                                    Catherine Brennan, Director, Office of                                                                        Substantial Rehabilitation, and
                                                    Housing Assistance and Grant                              1 As of February, 2016, all PBC contracts should    Moderate Rehabilitation Programs
                                                    Administration, Office of Housing, 202–                 be completed since the program has been merged
                                                    708–3000, for questions relating to all                 with the Housing Choice Voucher program. For            In the Section 8 New Construction
                                                                                                            completeness, HUD is continuing to list Category 3    and Substantial Rehabilitation
                                                    other Section 8 programs; and Marie                     uses of AAFs for this FY 2016 AAF publication, but
                                                    Lihn, Economist, Economic and Market                    intends to discontinue listing Category 3 in FY
                                                                                                                                                                  programs, the published AAF factor is
                                                    Analysis Division, Office of Policy                     2017.                                                 applied to the pre-adjustment contract


                                               VerDate Sep<11>2014   18:53 May 02, 2016   Jkt 238001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\03MYN1.SGM   03MYN1


                                                                                    Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices                                               26577

                                                    rent. In the Section 8 Moderate                            • The new rent to owner will not be                between Table 1 and Table 2 is that each
                                                    Rehabilitation program (both the regular                reduced below the contract rent on the                AAF in Table 2 is 0.01 less than the
                                                    program and the single room occupancy                   effective date of the HAP contract.                   corresponding AAF in Table 1. Where
                                                    program) the published AAF is applied                                                                         an AAF in Table 1 would otherwise be
                                                                                                            III. When To Use Reduced AAFs (From
                                                    to the pre-adjustment base rent.                                                                              less than 1.0, it is set at 1.0, as required
                                                       For Category 1 programs, the Table 1                 AAF Table 2)
                                                                                                                                                                  by statute; the corresponding AAF in
                                                    AAF factor is applied before                               In accordance with Section 8(c)(2)(A)              Table 2 will also be set at 1.0, as
                                                    determining comparability (rent                         of the United States Housing Act of                   required by statute.
                                                    reasonableness). Comparability applies                  1937 (42 U.S.C. 1437f(c)(2)(A)), the AAF
                                                    if the pre-adjustment gross rent (pre-                  is reduced by 0.01:                                   IV. How To Find the AAF
                                                    adjustment contract rent plus any                          • For all tenancies assisted in the                   AAF Table 1 and Table 2 are posted
                                                    allowance for tenant-paid utilities) is                 Section 8 Project-Based Certificate                   on the HUD User Web site at http://
                                                    above the published Fair Market Rent                    program.                                              www.huduser.gov/portal/datasets/
                                                    (FMR).                                                     • In other Section 8 programs, for a               aaf.html. There are two columns in each
                                                       If the comparable rent level (plus any               unit occupied by the same family at the               AAF table. The first column is used to
                                                    initial difference) is lower than the                   time of the last annual rent adjustment               adjust contract rent for rental units
                                                    contract rent as adjusted by application                (and where the rent is not reduced by                 where the highest cost utility is
                                                    of the Table 1 AAF, the comparable rent                 application of comparability (rent                    included in the contract rent, i.e., where
                                                    level (plus any initial difference) will be             reasonableness)).                                     the owner pays for the highest cost
                                                    the new contract rent. However, the pre-                   The law provides that:                             utility. The second column is used
                                                    adjustment contract rent will not be                      Except for assistance under the certificate         where the highest cost utility is not
                                                    decreased by application of                             program, for any unit occupied by the same            included in the contract rent, i.e., where
                                                    comparability.                                          family at the time of the last annual rental          the tenant pays for the highest cost
                                                       In all other cases (i.e., unless the                 adjustment, where the assistance contract             utility.
                                                    contract rent is reduced by                             provides for the adjustment of the maximum               The applicable AAF is selected as
                                                    comparability):                                         monthly rent by applying an annual
                                                                                                                                                                  follows:
                                                       • Table 1 AAF is used for a unit                     adjustment factor and where the rent for a
                                                                                                                                                                     • Determine whether Table 1 or Table
                                                    occupied by a new family since the last                 unit is otherwise eligible for an adjustment
                                                                                                            based on the full amount of the factor, 0.01          2 is applicable. In Table 1 or Table 2,
                                                    annual contract anniversary.                            shall be subtracted from the amount of the            locate the AAF for the geographic area
                                                       • Table 2 AAF is used for a unit                     factor, except that the factor shall not be           where the contract unit is located.
                                                    occupied by the same family as at the                   reduced to less than 1.0. In the case of                 • Determine whether the highest cost
                                                    time of the last annual contract                        assistance under the certificate program, 0.01        utility is or is not included in contract
                                                    anniversary.                                            shall be subtracted from the amount of the            rent for the contract unit.
                                                                                                            annual adjustment factor (except that the                • If highest cost utility is included,
                                                    Category 2: Section 8 Loan Management                   factor shall not be reduced to less than 1.0),
                                                    Program (24 CFR Part 886, Subpart A)                    and the adjusted rent shall not exceed the
                                                                                                                                                                  select the AAF from the column for
                                                    and Property Disposition Program (24                    rent for a comparable unassisted unit of              ‘‘Highest Cost Utility Included.’’ If
                                                    CFR Part 886, Subpart C)                                similar quality, type and age in the market           highest cost utility is not included,
                                                                                                            area. 42 U.S.C. 1437f(c)(2)(A).                       select the AAF from the column for
                                                      At this time Category 2 programs are
                                                    not subject to comparability.                           Legislative history for this statutory                ‘‘Highest Cost Utility Excluded.’’
                                                    Comparability will again apply if HUD                   provision states that ‘‘the rationale [for            V. Methodology
                                                    establishes regulations for conducting                  lower AAFs for non-turnover units is]                    AAFs are rent inflation factors. Two
                                                    comparability studies under 42 U.S.C.                   that operating costs are less if tenant               types of rent inflation factors are
                                                    1437f(c)(2)(C).                                         turnover is less . . .’’ (see Department of           calculated for AAFs: Gross rent factors
                                                      The applicable AAF is determined as                   Veteran Affairs and Housing and Urban                 and shelter rent factors. The gross rent
                                                    follows:                                                Development, and Independent
                                                      • Table 1 AAF is used for a unit                                                                            factor accounts for inflation in the cost
                                                                                                            Agencies Appropriations for 1995,                     of both the rent of the residence and the
                                                    occupied by a new family since the last                 Hearings Before a Subcommittee of the
                                                    annual contract anniversary.                                                                                  utilities used by the unit; the shelter
                                                                                                            Committee on Appropriations 103d                      rent factor accounts for the inflation in
                                                      • Table 2 AAF is used for a unit                      Cong., 2d Sess. 591 (1994)). The
                                                    occupied by the same family as at the                                                                         the rent of the residence, but does not
                                                                                                            Congressional Record also states the                  reflect any change in the cost of utilities.
                                                    time of the last annual contract                        following:
                                                    anniversary.                                                                                                  The gross rent inflation factor is
                                                                                                              Because the cost to owners of turnover-             designated as ‘‘Highest Cost Utility
                                                    Category 3: Section 8 Project-Based                     related vacancies, maintenance, and                   Included’’ and the shelter rent inflation
                                                    Certificate Program                                     marketing are lower for long-term stable              factor is designated as ‘‘Highest Cost
                                                                                                            tenants, these tenants are typically charged
                                                      The following procedures are used to                  less than recent movers in the unassisted
                                                                                                                                                                  Utility Excluded.’’
                                                    adjust contract rent for outstanding HAP                market. Since HUD pays the full amount of                AAFs are calculated using CPI data on
                                                    contracts in the Section 8 PBC program:                 any rent increases for assisted tenants in            ‘‘rent of primary residence’’ and ‘‘fuels
                                                      • Table 2 AAF is always used. The                     section 8 projects and under the Certificate          and utilities.’’ 2 The CPI inflation index
                                                    Table 1 AAF is not used.                                program, HUD should expect to benefit from            for rent of primary residence measures
                                                      • Table 2 AAF is always applied
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                                                                                                            this ‘tenure discount.’ Turnover is lower in          the inflation of all surveyed units
                                                    before determining comparability (rent                  assisted properties than in the unassisted            regardless of whether utilities are
                                                    reasonableness).                                        market, so the effect of the current                  included in the rent of the unit or not.
                                                      • Comparability always applies. If the                inconsistency with market-based rent                  In other words, it measures the inflation
                                                    comparable rent level is lower than the                 increases is exacerbated. (140 Cong. Rec.
                                                                                                            8659, 8693 (1994)).
                                                                                                                                                                  of the ‘‘contract rent’’ which includes
                                                    rent to owner (contract rent) as adjusted                                                                     units with all utilities included in the
                                                    by application of the Table 2 AAF, the                    To implement the law, HUD
                                                    comparable rent level will be the new                   publishes two separate AAF Tables,                     2 CPI indexes CUUSA103SEHA and

                                                    rent to owner.                                          Table 1 and Table 2. The difference                   CUSR0000SAH2 respectively.



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                                                    26578                           Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices

                                                    rent, units with some utilities included                Census Region CPI factor, both                          Dated: April 25, 2016.
                                                    in the rent, and units with no utilities                metropolitan and non-metropolitan                     Katherine M. O’Regan,
                                                    included in the rent. In producing a                    areas receive the same factor.                        Assistant Secretary for Policy Development
                                                    gross rent inflation factor and a shelter                  Each metropolitan area that uses a                 and Research.
                                                    rent inflation factor, HUD decomposes                                                                         [FR Doc. 2016–10328 Filed 5–2–16; 8:45 am]
                                                                                                            local CPI update factor is listed
                                                    the contract rent CPI inflation factor into                                                                   BILLING CODE 4210–67–P
                                                                                                            alphabetically in the tables and each
                                                    parts to represent the gross rent change
                                                    and the shelter rent change. This is done               HMFA is listed alphabetically within its
                                                    by applying data from the Consumer                      respective CBSA. Each AAF applies to
                                                    Expenditure Survey (CEX) on the                         a specific geographic area and to units
                                                                                                                                                                  DEPARTMENT OF THE INTERIOR
                                                    percentage of renters who pay for heat                  of all bedroom sizes. AAFs are
                                                    (a proxy for the percentage of renters                  provided:                                             Office of the Assistant Secretary Water
                                                    who pay shelter rent) and also American                    • For separate metropolitan areas,                 and Science; Notice of Availability of
                                                    Community Survey (ACS) data on the                      including HMFAs and counties that are                 the Revised Central Utah Water
                                                    ratio of utilities to rents. For Puerto                 currently designated as non-                          Conservancy District National
                                                    Rico, the Puerto Rico Community                         metropolitan, but are part of the                     Environmental Policy Act Handbook
                                                    Survey (PRCS) is used to determine the                  metropolitan area defined in the local
                                                    ratio of utilities to rents, resulting in                                                                     AGENCY: Central Utah Project
                                                                                                            CPI survey.                                           Completion Act Office, Interior.
                                                    different AAFs for some metropolitan
                                                    areas in Puerto Rico.3                                     • For the four Census Regions (to be               ACTION: Notice.
                                                                                                            used for those metropolitan and non-
                                                    Survey Data Used To Produce AAFs                        metropolitan areas that are not covered               SUMMARY:    The Central Utah Project
                                                      The rent and fuel and utilities                       by a CPI city-survey).                                Completion Act Office and the Central
                                                    inflation factors for large metropolitan                   AAFs use the same OMB metropolitan                 Utah Water Conservancy District are
                                                    areas and Census regions are based on                   area definitions, as revised by HUD, that             announcing the availability of their
                                                    changes in the rent of primary residence                are used for the FY 2016 FMRs.                        revised National Environmental Policy
                                                    and fuels and utilities CPI indices from                                                                      Act (NEPA) Handbook. Revisions were
                                                    2013 to 2014. The CEX data used to                      Area Definitions                                      made to this handbook in response to
                                                    decompose the contract rent inflation                                                                         new requirements and practices
                                                    factor into gross rent and shelter rent                    To make certain that they are using                contained in the Department of the
                                                    inflation factors come from a special                   the correct AAFs, users should refer to               Interior’s 2008 NEPA Regulations and
                                                    tabulation of 2013 CEX survey data                      the Area Definitions Table section at                 Council on Environmental Quality
                                                    produced for HUD for the purpose of                     http://www.huduser.gov/portal/                        guidance issued in support of the
                                                    computing AAFs. The utility-to-rent                     datasets/aaf.html. The Area Definitions               Administration’s efforts to modernize
                                                    ratio used to produce AAFs comes from                   Table lists CPI areas in alphabetical                 Federal agency implementation of
                                                    2013 ACS median rent and utility costs.                 order by state, and the associated                    NEPA. The revisions were made to
                                                    Geographic Areas                                        Census region is shown next to each                   improve the process for preparing
                                                                                                            state name. Areas whose AAFs are                      efficient and timely environmental
                                                       AAFs are produced for all Class A CPI                determined by local CPI surveys are                   reviews under NEPA.
                                                    cities (CPI cities with a population of                 listed first. All metropolitan areas with
                                                    1.5 million or more) and for the four                                                                         ADDRESSES: Copies of the NEPA
                                                                                                            local CPI surveys have separate AAF                   Handbook are available for inspection at
                                                    Census Regions. They are applied to                     schedules and are shown with their
                                                    core-based statistical areas (CBSAs), as                                                                      the following locations:
                                                                                                            corresponding county definitions or as                   • Central Utah Water Conservancy
                                                    defined by the Office of Management
                                                                                                            metropolitan counties. In the six New                 District, 355 West University Parkway,
                                                    and Budget (OMB), according to how
                                                    much of the CBSA is covered by the CPI                  England states, the listings are for                  Orem, Utah 84058–7303.
                                                    city-survey. If more than 75 percent of                 counties or parts of counties as defined                 • Department of the Interior, Central
                                                    the CBSA is covered by the CPI city-                    by towns or cities. The remaining                     Utah Project Completion Act Office, 302
                                                    survey, the AAF that is based on that                   counties use the CPI for the Census                   East 1860 South, Provo, Utah 84606.
                                                    CPI survey is applied to the whole                      Region and are not separately listed in                  In addition, the document is available
                                                    CBSA and to any HUD-defined                             the Area Definitions Table at http://                 at www.cuwcd.com and
                                                    metropolitan area, called the ‘‘HUD                     www.huduser.gov/portal/datasets/                      www.cupcao.gov.
                                                    Metro FMR Area’’ (HMFA), within that                    aaf.html.
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    CBSA. If the CBSA is not covered by a                      Puerto Rico uses its own AAFs                      Additional information may be obtained
                                                    CPI city-survey, the CBSA uses the                      calculated from the Puerto Rico CPI as                by contacting Mr. W. Russ Findlay,
                                                    relevant regional CPI factor. Almost all                adjusted by the PRCS, the Virgin Islands              Central Utah Project Completion Act
                                                    non-metropolitan counties use regional                  uses the South Region AAFs and the                    Office, 302 East 1860 South, Provo, Utah
                                                    CPI factors.4 For areas assigned the                    Pacific Islands uses the West Region                  84606–7317; by email to wfindlay@
                                                      3 The formulas used to produce these factors can
                                                                                                            AAFs. All areas in Hawaii use the AAFs                usbr.gov; or by phone at 801–379–1084.
                                                    be found in the Annual Adjustment Factors               listed next to ‘‘Hawaii’’ in the Tables               SUPPLEMENTARY INFORMATION: The
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                                                    overview and in the FMR documentation at                which are based on the CPI survey for                 passage of the Central Utah Project
                                                    www.HUDUSER.gov.                                        the Honolulu metropolitan area. The
                                                      4 There are four non-metropolitan counties that                                                             Completion Act in 1992 required the
                                                                                                            Pacific Islands use the West Region                   Central Water Conservancy District
                                                    continue to use CPI city updates: Ashtabula County,
                                                    OH, Henderson County, TX, Island County, WA,            AAFs.                                                 (District) to enter into an agreement
                                                    and Lenawee County, MI. BLS has not updated the                                                               with the Secretary of the Department of
                                                    geography underlying its survey for new OMB
                                                    metropolitan area definitions and these counties,       the 75 percent standard HUD imposes on survey         the Interior (Interior) allowing them to
                                                    are no longer in metropolitan areas, but they are       coverage. These four counties are treated the same    be considered a ‘‘Federal Agency’’ for
                                                    included as parts of CPI surveys because they meet      as metropolitan areas using CPI city data.            the purposes of compliance with all


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Document Created: 2016-05-03 00:31:00
Document Modified: 2016-05-03 00:31:00
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 of Fiscal Year (FY) 2016 Annual Adjustment Factors (AAFs).
ContactContact 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); Ann Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, 202-708-4300, for questions regarding the Single Room Occupancy (SRO) Moderate Rehabilitation program; Catherine Brennan, Director, Office of Housing Assistance and Grant Administration, Office of Housing, 202-708-3000, for questions relating to all other Section 8 programs; and Marie Lihn, Economist, Economic and Market Analysis 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
FR Citation81 FR 26576 

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