81 FR 5677 - Strengthening Oversight of Over-Income Tenancy in Public Housing; Advance Notice of Proposed Rulemaking
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 81, Issue 22 (February 3, 2016)
Federal Register Volume 81, Issue 22 (February 3, 2016)
| Page Range | 5677-5679 | |
| FR Document | 2016-01921 |
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)] [Proposed Rules] [Pages 5677-5679] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01921] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 960 [Docket No. FR-5904-A-01] Strengthening Oversight of Over-Income Tenancy in Public Housing; Advance Notice of Proposed Rulemaking AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Advanced notice of proposed rulemaking (ANPR). ----------------------------------------------------------------------- SUMMARY: Through this notice, HUD announces that it is considering rulemaking to ensure that individuals and families residing in HUD public housing in fact continue to need housing assistance from HUD after admission. HUD's consideration of rulemaking is prompted by a report recently issued by HUD's Office of Inspector General (OIG). The report found, through comparison of annual household income reported in HUD's Public and Housing Information Center for approximately 1.1 million families to the applicable 2014 admission income limit, that as many as 25,226 families were subsequently over-income. Some of those families significantly exceeded the income limits. HUD seeks comment from PHAs and other interested parties and members of the public on the questions presented in this notice, including how HUD can structure policies to reduce the number of individuals and families in public housing whose incomes significantly exceed the income limit and have significantly exceeded the income limit for a sustained period of time after initial admission. DATES: Comments Due Date: March 4, 2016. ADDRESSES: Interested persons are invited to submit comments to the Office of the General Counsel, Regulations Division, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. [[Page 5678]] Communications should refer to the above docket number and title and should contain the information specified in the ``Request for Comments'' section. There are two methods for submitting public comments. 1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Due to security measures at all federal agencies, however, submission of comments by mail often results in delayed delivery. To ensure timely receipt of comments, HUD recommends that comments submitted by mail be submitted at least two weeks in advance of the public comment deadline. 2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at http://www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make comments immediately available to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow instructions provided on that site to submit comments electronically. Note: To receive consideration as public comments, comments must be submitted using one of the two methods specified above. Again, all submissions must refer to the docket number and title of the notice. No Facsimile Comments. Facsimile (fax) comments are not acceptable. Public Inspection of Comments. All comments and communications submitted to HUD will be available, for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at (202) 708-3055 (this is not a toll-free number). Copies of all comments submitted are available for inspection and downloading at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Todd Thomas, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4100, Washington DC 20410-4000; telephone number (678) 732-2056 (this is not a toll-free number). Persons with hearing or speech impairments may contact this number via TTY by calling the toll- free Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: I. Background The United States Housing Act of 1937 (42 U.S.C. 1437 et. seq.) (1937 Act), which is the primary statute that governs public housing and its administration by HUD and PHAs, provides that public housing dwelling units shall be rented only to families who are low-income families at the time of their initial occupancy of such units. In accordance with the 1937 Act, and HUD regulations and policies, PHAs must undertake periodic reviews of family income. The 1937 Act does not require eviction or termination of tenancy of families whose income exceeds the income limits while residing in public housing. See 42 U.S.C. 1437a. HUD's regulations at 24 CFR part 960, which govern public housing admissions, reflect this statutory framework. The parameters for income limits that determine initial eligibility for public housing are developed by HUD and outlined in 24 CFR part 5, subpart F. In general, HUD sets the low-income limit at 80 percent and very low-income limit at 50 percent of the median income for the county or metropolitan area in which the household resides. Income limits vary from area to area and may be adjusted based on local market conditions.\1\ Annual income is the anticipated total income from all sources received from the family head and spouse, and each additional member of the family 18 years of age or older. An individual's or family's rent is referred to as the Total Tenant Payment (TTP) and is based on a family's anticipated annual income less deductions, if any, or the applicable flat rent. --------------------------------------------------------------------------- \1\ 2015 Income Limit Documentation http://www.huduser.gov/portal/datasets/il/il15/HUD_sec8_15.pdf. --------------------------------------------------------------------------- On July 21, 2015, HUD's OIG issued an audit report that presented the results of OIG's review of the number of families residing in HUD public housing whose income exceed the current income limits used in determining eligibility for such housing, several of whom significantly exceeded the income limits. The families identified by HUD OIG met the income limits at the time of admission to public housing but their income now exceeds such income limits. Currently, the regulations do not prohibit a family from continued occupancy when their income rises above the limit for initial admission. An increase in income is a good and welcomed event for families, and when a family's income steadily rises, it may be an indication that the family is on its way to self- sufficiency. However, an increase in income may be minimal or temporary, and a minimal or temporary rise in income should not be the basis for termination of public housing assistance. This ANPR solicits comment on how to structure policies to reduce the number of individuals and families whose incomes significantly exceed the income limit and have significantly exceeded the income limit for a sustained period of time after initial admission. HUD takes seriously its obligation to provide clean, safe affordable housing to the neediest population. The Public Housing program is an essential resource for some of the nation's most vulnerable families. HUD strongly supports the efforts of PHAs to further the goals of providing quality affordable housing to eligible families in a manner that moves families toward increased and sustained self-sufficiency. At the same time, scarce public resources must be provided to those most in need of affordable housing. Any changes that would require the termination of tenancy for over-income families should be enacted with caution so as not to impede a family's progress towards self-sufficiency. In a final rule published on November 26, 2004, at 69 FR 68786, HUD gave PHAs the authority to terminate the tenancy of or evict over- income residents. See 24 CFR 960.261. The final rule did not require PHAs to take action to evict over-income residents but provides PHAs with discretion to implement such policies and thereby make units available to applicants who are income eligible. The final rule noted that the 1937 Act did not require eviction and the purpose of rulemaking was to clarify that the absence of such a statutory requirement did not prohibit PHAs from terminating the tenancy of over- income families. The preamble to the rule stated that PHAs may decide that an over-income family is able to find other housing, and that the family's public housing unit could be made available to a family with greater housing need. The rule included discussion of the many factors that could be considered in developing these policies, including local market conditions, community stability, the source and duration of increased [[Page 5679]] income, and whether the resident was elderly or disabled. HUD is considering revising HUD's regulations at 24 CFR 960.261 (Restriction on eviction of families based on income) in a manner that would continue to give PHAs discretion on when to evict or terminate the tenancies of over-income families but narrow that discretion by providing circumstances that would require a PHA to terminate tenancy or evict an over-income family. Specifically, HUD is considering whether a family whose income significantly exceeds the income limit and has exceeded such limit for a sustained period of time must be notified by the PHA that the family will be evicted or tenancy terminated. HUD is also considering what a reasonable period of time to find alternative housing would be. HUD is not considering whether to alter the existing statutorily based exceptions to eviction or termination of tenancy related to income limits. Specifically, a family over the income limits who has a valid contract for participation in a Family Self-Sufficiency (FSS) program administered under HUD regulations in 24 CFR part 984 would not be subject to eviction or termination of tenancy. Additionally, a PHA may not evict a family over the income limits if the family is currently receiving the earned income disallowance authorized by the 1937 Act (See 42 U.S.C. 1473a(d)) and implemented through HUD regulations in 24 CFR 960.255 and 24 CFR 960.261(b). II. Request for Comments In a letter provided to PHAs on September 3, 2015, HUD strongly recommended that PHAs adopt local over-income policies while considering many factors, including, but not limited to how over-income is defined, income stability, length of time to provide a safety net for fluctuating incomes, preference for return and hardship policies.\2\ In anticipation of a proposed rulemaking, HUD specifically solicits comment on the following issues: --------------------------------------------------------------------------- \2\ This letter can be found at http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/ph. --------------------------------------------------------------------------- 1. How should HUD define income that ``significantly'' exceeds the income limit for public housing residency? Should such higher amount be determined by dollar amount, by a percentage, or as a function of the current income limit, and what should the amount be? 2. Should area cost of living and family finances be taken into consideration when determining whether an individual or family no longer needs public housing assistance? Are there limits to the circumstances in which said data should be requested and applied in a determination? 3. What period of time in which an individual or family has had income that significantly exceeds the income limits should be determined as indicative that the individual or family no longer needs public housing assistance? 4. How should local housing market conditions or housing authority wait list data be considered? 5. What period of time should be allowed for an individual or family to find alternative housing? 6. Are there exceptions to eviction or termination of tenancy that HUD should consider beyond those listed in HUD's regulation in 24 CFR 960.261? 7. Should HUD allow over-income individuals or families to remain in public housing, while paying unsubsidized or fair market, rent? How would such a provision impact PHA operations and finances? 8. Should HUD require a local appeals process for individuals or families deemed over-income? 9. Where over-income policies have been implemented, what were the results to public housing residents and PHAs? What were the specific positive and negative impacts? 10. What financial impact would over-income policies have on PHA operations, and how can any negative impacts be mitigated? 11. What are the potential costs and benefits to public housing residents and PHAs that could result from the forcible eviction of public housing tenants? 12. What evidence currently exists in favor of or against the adoption of this type of policy? It is the responsibility of HUD and PHAs to ensure that public housing units are available to those who need HUD assistance. All comments directed to steps that HUD and PHAs can take to ensure availability of public housing units for individuals and families meeting the income limits are welcome. Dated: January 25, 2016. Lourdes Castro Ram[iacute]rez, Principal Deputy Assistant Secretary for Public and Indian Housing. [FR Doc. 2016-01921 Filed 2-2-16; 8:45 am] BILLING CODE 4210-67-P
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Availability of NPRMs body of technical regulations for which That airspace extending upward from 700
frequent and routine amendments are feet above the surface within a 7.5-mile
An electronic copy of this document radius of Moriarty Airport.
may be downloaded through the necessary to keep them operationally
Internet at http://www.regulations.gov. current, is non-controversial and Issued in Fort Worth, TX, on January 20,
Recently published rulemaking unlikely to result in adverse or negative 2015.
documents can also be accessed through comments. It, therefore: (1) Is not a Christopher L. Southerland,
the FAA’s Web page at http://www.faa. ‘‘significant regulatory action’’ under Manager, Operations Support Group, ATO
gov/airports_airtraffic/air_traffic/ Executive Order 12866; (2) is not a Central Service Center.
publications/airspace_amendments/. ‘‘significant rule’’ under DOT [FR Doc. 2016–01877 Filed 2–2–16; 8:45 am]
You may review the public docket Regulatory Policies and Procedures (44 BILLING CODE 4910–13–P
containing the proposal, any comments FR 11034; February 26, 1979); and (3)
received and any final disposition in does not warrant preparation of a
person in the Dockets Office (see regulatory evaluation as the anticipated DEPARTMENT OF HOUSING AND
ADDRESSES section for address and impact is so minimal. Since this is a URBAN DEVELOPMENT
phone number) between 9:00 a.m. and routine matter that will only affect air
5:00 p.m., Monday through Friday, traffic procedures and air navigation, it 24 CFR Part 960
except Federal holidays. An informal is certified that this rule, when
[Docket No. FR–5904–A–01]
docket may also be examined during promulgated, would not have a
normal business hours at the Central significant economic impact on a Strengthening Oversight of Over-
Service Center, Operation Support substantial number of small entities Income Tenancy in Public Housing;
Group, 10101 Hillwood Parkway, Fort under the criteria of the Regulatory Advance Notice of Proposed
Worth, TX 76177. Flexibility Act. Rulemaking
Persons interested in being placed on
Environmental Review AGENCY: Office of the Assistant
a mailing list for future NPRMs should
contact the FAA’s Office of Rulemaking This proposal will be subject to an Secretary for Public and Indian
(202) 267–9677, to request a copy of environmental analysis in accordance Housing, HUD.
Advisory Circular No. 11–2A, Notice of with FAA Order 1050.1F, ACTION: Advanced notice of proposed
Proposed Rulemaking Distribution ‘‘Environmental Impacts: Policies and rulemaking (ANPR).
System, which describes the application Procedures’’ prior to any FAA final
procedure. SUMMARY: Through this notice, HUD
regulatory action.
announces that it is considering
Availability and Summary of List of Subjects in 14 CFR Part 71 rulemaking to ensure that individuals
Documents Proposed for Incorporation and families residing in HUD public
by Reference Airspace, Incorporation by reference, housing in fact continue to need
This document would amend FAA Navigation (air) housing assistance from HUD after
Order 7400.9Z, Airspace Designations The Proposed Amendment admission. HUD’s consideration of
and Reporting Points, dated August 6, rulemaking is prompted by a report
2015, and effective September 15, 2015. In consideration of the foregoing, the recently issued by HUD’s Office of
FAA Order 7400.9Z is publicly available Federal Aviation Administration Inspector General (OIG). The report
as listed in the ADDRESSES section of this proposes to amend 14 CFR part 71 as found, through comparison of annual
document. FAA Order 7400.9Z lists follows: household income reported in HUD’s
Class A, B, C, D, and E airspace areas, Public and Housing Information Center
air traffic service routes, and reporting PART 71—DESIGNATION OF CLASS A, for approximately 1.1 million families to
points. B, C, D, AND E AIRSPACE AREAS; AIR the applicable 2014 admission income
TRAFFIC SERVICE ROUTES; AND limit, that as many as 25,226 families
The Proposal REPORTING POINTS were subsequently over-income. Some
The FAA is proposing an amendment of those families significantly exceeded
to Title 14, Code of Federal Regulations ■ 1. The authority citation for 14 CFR the income limits. HUD seeks comment
(14 CFR) Part 71 by establishing Class E part 71 continues to read as follows: from PHAs and other interested parties
airspace extending upward from 700 and members of the public on the
Authority: 49 U.S.C. 106(f), 106(g), 40103,
feet above the surface within an 7.5-mile 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, questions presented in this notice,
radius of Moriarty Airport, Moriarty, 1959–1963 Comp., p. 389. including how HUD can structure
NM, to accommodate new standard policies to reduce the number of
instrument approach procedures. § 71.1 [Amended] individuals and families in public
Controlled airspace is needed for the ■ 2. The incorporation by reference in housing whose incomes significantly
safety and management of IFR 14 CFR 71.1 of FAA Order 7400.9Z, exceed the income limit and have
operations at the airport. Airspace Designations and Reporting significantly exceeded the income limit
Class E airspace designations are for a sustained period of time after
Points, dated August 6, 2015, and
published in Section 6005 of FAA Order initial admission.
effective September 15, 2015, is
7400.9Z, dated August 6, 2015, and
amended as follows: DATES: Comments Due Date: March 4,
mstockstill on DSK4VPTVN1PROD with PROPOSALS
effective September 15, 2015, which is
2016.
incorporated by reference in 14 CFR Section 6005 Class E Airspace Areas
71.1. The Class E airspace designation Extending Upward From 700 Feet or More ADDRESSES: Interested persons are
listed in this document will be Above the Surface of the Earth. invited to submit comments to the
published subsequently in the Order. Office of the General Counsel,
* * * * *
Regulations Division, Department of
Regulatory Notices and Analyses ASW NM E5 Moriarty, NM [New] Housing and Urban Development, 451
The FAA has determined that this Moriarty Airport, NM 7th Street SW., Room 10276,
regulation only involves an established (Lat. 34°58′41″ N., long. 106°00′00″ W.) Washington, DC 20410–0500.
VerDate Sep<11>2014 17:55 Feb 02, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\03FEP1.SGM 03FEP1](https://thefederalregister.org/doc/81_FR_5699/page/1.svg)
![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5679
income, and whether the resident was consideration when determining DEPARTMENT OF HOMELAND
elderly or disabled. whether an individual or family no SECURITY
HUD is considering revising HUD’s longer needs public housing assistance?
regulations at 24 CFR 960.261 Are there limits to the circumstances in Coast Guard
(Restriction on eviction of families which said data should be requested
based on income) in a manner that and applied in a determination? 33 CFR Part 117
would continue to give PHAs discretion [Docket No. USCG–2015–1011]
on when to evict or terminate the 3. What period of time in which an
tenancies of over-income families but individual or family has had income RIN 1625–AA09
narrow that discretion by providing that significantly exceeds the income
circumstances that would require a PHA limits should be determined as Drawbridge Operation Regulation;
to terminate tenancy or evict an over- indicative that the individual or family Broad Creek, Laurel, DE
income family. Specifically, HUD is no longer needs public housing AGENCY: Coast Guard, DHS.
considering whether a family whose assistance?
ACTION: Notice of proposed rulemaking.
income significantly exceeds the income 4. How should local housing market
limit and has exceeded such limit for a conditions or housing authority wait list SUMMARY: The Coast Guard proposes to
sustained period of time must be data be considered? change the operating schedule that
notified by the PHA that the family will governs the Norfolk Southern Railroad
5. What period of time should be
be evicted or tenancy terminated. HUD Bridge over Broad Creek, mile 8.0, at
is also considering what a reasonable allowed for an individual or family to
Laurel, DE. This proposed rule will
period of time to find alternative find alternative housing?
change the current regulation requiring
housing would be. 6. Are there exceptions to eviction or a four-hour advance notice and allow
HUD is not considering whether to termination of tenancy that HUD should the bridge to remain in the closed
alter the existing statutorily based consider beyond those listed in HUD’s position for the passage of vessels.
exceptions to eviction or termination of regulation in 24 CFR 960.261? DATES: Comments and related material
tenancy related to income limits. 7. Should HUD allow over-income must reach the Coast Guard on or before
Specifically, a family over the income March 21, 2016.
individuals or families to remain in
limits who has a valid contract for
public housing, while paying ADDRESSES: You may submit comments
participation in a Family Self-
unsubsidized or fair market, rent? How identified by docket number USCG–
Sufficiency (FSS) program administered
would such a provision impact PHA 2015–1011 using Federal eRulemaking
under HUD regulations in 24 CFR part
operations and finances? Portal at http://www.regulations.gov.
984 would not be subject to eviction or
See the ‘‘Public Participation and
termination of tenancy. Additionally, a 8. Should HUD require a local appeals
Request for Comments’’ portion of the
PHA may not evict a family over the process for individuals or families
SUPPLEMENTARY INFORMATION section
income limits if the family is currently deemed over-income? below for instructions on submitting
receiving the earned income 9. Where over-income policies have comments.
disallowance authorized by the 1937 been implemented, what were the
Act (See 42 U.S.C. 1473a(d)) and FOR FURTHER INFORMATION CONTACT: If
results to public housing residents and you have questions on this proposed
implemented through HUD regulations
PHAs? What were the specific positive rule, call or email Mrs. Jessica Shea,
in 24 CFR 960.255 and 24 CFR
and negative impacts? Fifth Coast Guard District (dpb), at (757)
960.261(b).
10. What financial impact would 398–6422, email jessica.c.shea2@
II. Request for Comments over-income policies have on PHA uscg.mil.
In a letter provided to PHAs on operations, and how can any negative SUPPLEMENTARY INFORMATION:
September 3, 2015, HUD strongly impacts be mitigated?
recommended that PHAs adopt local I. Table of Abbreviations
11. What are the potential costs and
over-income policies while considering CFR Code of Federal Regulations
benefits to public housing residents and
many factors, including, but not limited DHS Department of Homeland Security
PHAs that could result from the forcible
to how over-income is defined, income E.O. Executive order
eviction of public housing tenants?
stability, length of time to provide a FR Federal Register
safety net for fluctuating incomes, 12. What evidence currently exists in NPRM Notice of proposed rulemaking
preference for return and hardship favor of or against the adoption of this Pub. L. Public Law
policies.2 In anticipation of a proposed type of policy? § Section
U.S.C. United States Code
rulemaking, HUD specifically solicits It is the responsibility of HUD and
comment on the following issues: PHAs to ensure that public housing II. Background, Purpose and Legal
1. How should HUD define income units are available to those who need Basis
that ‘‘significantly’’ exceeds the income HUD assistance. All comments directed The current operating schedule for the
limit for public housing residency?
to steps that HUD and PHAs can take to bridge is set out in 33 CFR 117.233 (a)
Should such higher amount be
ensure availability of public housing issued September 11, 2006. As outlined
determined by dollar amount, by a
units for individuals and families in this regulation, the Norfolk Southern
mstockstill on DSK4VPTVN1PROD with PROPOSALS
percentage, or as a function of the
meeting the income limits are welcome. Railroad Bridge shall open on signal if
current income limit, and what should
at least four hours notice is given. The
the amount be? Dated: January 25, 2016.
Fifth Coast Guard District Commander
2. Should area cost of living and Lourdes Castro Ramı́rez, received a request from the bridge
family finances be taken into Principal Deputy Assistant Secretary for owner in July 2015 to consider making
Public and Indian Housing. a permanent change to the operating
2 This letter can be found at http://portal.hud.gov/
[FR Doc. 2016–01921 Filed 2–2–16; 8:45 am] regulation for the Norfolk Southern
hudportal/HUD?src=/program_offices/public_
indian_housing/programs/ph. BILLING CODE 4210–67–P Railroad Bridge per 33 CFR 117.8(a).
VerDate Sep<11>2014 17:55 Feb 02, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\03FEP1.SGM 03FEP1](https://thefederalregister.org/doc/81_FR_5699/page/3.svg)
Document Created: 2016-02-03 00:39:55
Document Modified: 2016-02-03 00:39:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advanced notice of proposed rulemaking (ANPR). | |
| Contact | Todd Thomas, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4100, Washington DC 20410-4000; telephone number (678) 732-2056 (this is not a toll-free number). Persons with hearing or speech impairments may contact this number via TTY by calling the toll- free Federal Relay Service at 800-877-8339. | |
| FR Citation | 81 FR 5677 |
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