81 FR 79514 - Rental Assistance Demonstration (RAD) Notice Regarding Fair Housing and Civil Rights Requirements and Relocation Requirements Applicable to RAD First Component-Public Housing Conversions: Solicitation of Comment

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range		79514-79515
FR Document		2016-27348

HUD has posted, on its RAD Web page, a notice providing guidance regarding fair housing, civil rights, and relocation requirements applicable to the first component of RAD, which were previously addressed by HUD in a notice issued on June 15, 2015. The first component of RAD pertains only to the conversion of public housing units. The purpose of the Civil Rights and Relocations Requirements notice is to provide greater guidance for the application of these important requirements governing RAD. While the updated requirements are available and became effective upon posting, HUD solicits comment on today's notice, with respect primarily to the clarity and comprehensibility of the requirements.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79514-79515]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27348]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5630-N-08]


Rental Assistance Demonstration (RAD) Notice Regarding Fair 
Housing and Civil Rights Requirements and Relocation Requirements 
Applicable to RAD First Component--Public Housing Conversions: 
Solicitation of Comment

AGENCY: Office of the Assistant Secretary for Housing, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: HUD has posted, on its RAD Web page, a notice providing 
guidance regarding fair housing, civil rights, and relocation 
requirements applicable to the first component of RAD, which were 
previously addressed by HUD in a notice issued on June 15, 2015. The 
first component of RAD pertains only to the conversion of public 
housing units. The purpose of the Civil Rights and Relocations 
Requirements notice is to provide greater guidance for the application 
of these important requirements governing RAD. While the updated 
requirements are available and became effective upon posting, HUD 
solicits comment on today's notice, with respect primarily to the 
clarity and comprehensibility of the requirements.

DATES: Comment Due Date: December 14, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice. Communications must refer to the above docket number and 
title. 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.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
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 them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.
    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
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). Individuals who are deaf or hard of hearing 
and individuals with speech impairments may access this number via TTY 
by calling the Federal Relay Service toll-free at 800-877-8339. Copies 
of all comments submitted are also available for inspection and 
downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Claude Dickson, Office of 
Recapitalization, Office of Multifamily Housing, Office of Housing, 
U.S. Department of Housing and Urban Development, Room 6230, email 
[email protected], telephone 202-708-0001 (this is not a toll-free number). 
For information about this rule, persons with hearing- or speech-
impairments may access this number through TTY by calling the Federal 
Relay Service toll-free at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    RAD was created in order to give public housing agencies (PHAs) a 
tool to preserve and improve assisted housing and address the multi-
billion dollar nationwide backlog of deferred maintenance. RAD allows 
public housing agencies to leverage public and private debt and equity 
in order to reinvest in the public housing stock. In RAD, units move 
from the public housing program to a Section 8 platform with a long-
term contract that, by law, must be renewed. This ensures that the 
units remain permanently affordable to low-income households. Once 
transferred to the Section 8 platform, residents continue to pay 30 
percent of their income towards the rent and they maintain the same 
basic rights as they would possess in the public housing program.
    On June 15, 2015, HUD issued a comprehensive notice that provided 
program instructions for RAD, including addressing eligibility and 
selection criteria. (See http://portal.hud.gov/hudportal/documents/
huddoc?id=PIHNotice_2012-32_

[[Page 79515]]

062015.pdf.) The June 15, 2015 notice itself was an update of prior RAD 
program notices issued on July 26, 2012, July 2, 2013, and February 6, 
2014. The June 15, 2015 notice covered both of the RAD program's two 
components. (Component 1 applies only to public housing units that may 
convert to RAD. Component 2 applies to Section 8 Moderate 
Rehabilitation, Rent Supplement, and Rental Assistance Payment 
properties that may convert to RAD.) The June 15, 2015 notice addressed 
fair housing, civil rights, and relocation requirements among the other 
program instructions. However, given the importance of these 
requirements, especially as they apply to the types of transactions 
common in public housing conversions, HUD determined that a notice 
dedicated solely to fair housing, civil rights, and relocation 
requirements was appropriate.
    Today's relocation notice only addresses RAD Component 1. The 
notice explains the situations in which HUD is requiring front-end fair 
housing and civil rights reviews, and provides information regarding 
the types of information that must be submitted to facilitate HUD's 
review of certain fair housing and civil rights requirements in 
connection with public housing conversions under RAD Component 1. The 
notice also includes guidance regarding relocation requirements under 
RAD and reiterates key civil rights- and relocation-related statutory 
and regulatory requirements.

II. Solicitation of Comment

    As noted in the Summary of this notice, today's notice is posted 
and effective but HUD welcomes comments on the notice. The purpose of 
the notice is to provide greater guidance on compliance with fair 
housing, civil rights, and relocation requirements. HUD specifically 
solicits comment on the clarity of the information provided in the 
notice. In the event HUD makes any changes in response to public 
comment, HUD will revise the notice and advise the public of any 
changes made.

    Dated: November 8, 2016.
Edward L. Golding,
Principal Deputy Assistant, Secretary for Housing.
[FR Doc. 2016-27348 Filed 11-10-16; 8:45 am]
BILLING CODE 4210-67-P

79514 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

regulations specifying the permissible DEPARTMENT OF HOUSING AND instructions provided on that site to
scope and conduct of monitoring in URBAN DEVELOPMENT submit comments electronically.
accordance with subsection (b); No Facsimile Comments. Facsimile
[Docket No. FR–5630–N–08]
• Be organized and carry out its (FAX) comments are not acceptable.
Rental Assistance Demonstration Public Inspection of Public
business in a manner that guarantees a
(RAD) Notice Regarding Fair Housing Comments. All properly submitted
fair opportunity for the expression and
and Civil Rights Requirements and comments and communications
consideration of various positions and submitted to HUD will be available for
for public participation. Relocation Requirements Applicable to
RAD First Component—Public public inspection and copying between
The MHCC is deemed an advisory 8 a.m. and 5 p.m. weekdays at the above
Housing Conversions: Solicitation of
committee not composed of Federal Comment address. Due to security measures at the
employees. HUD Headquarters building, an advance
Public Comment: Citizens wishing to AGENCY: Office of the Assistant appointment to review the public
make oral comments on the business of Secretary for Housing, HUD. comments must be scheduled by calling
the MHCC are encouraged to register by ACTION: Notice. the Regulations Division at 202–708–
or before November 22, 2016, by 3055 (this is not a toll-free number).
SUMMARY: HUD has posted, on its RAD Individuals who are deaf or hard of
contacting Home Innovation Labs, Web page, a notice providing guidance hearing and individuals with speech
Attention: Kevin Kauffman, 400 Prince regarding fair housing, civil rights, and impairments may access this number
Georges Boulevard, Upper Marlboro, relocation requirements applicable to via TTY by calling the Federal Relay
MD 20774; or email to: MHCC@ the first component of RAD, which were Service toll-free at 800–877–8339.
HomeInnovation.com or call 1–888– previously addressed by HUD in a Copies of all comments submitted are
602–4663. Written comments are notice issued on June 15, 2015. The first also available for inspection and
encouraged. The MHCC strives to component of RAD pertains only to the downloading at www.regulations.gov.
accommodate citizen comments to the conversion of public housing units. The FOR FURTHER INFORMATION CONTACT:
extent possible within the time purpose of the Civil Rights and Claude Dickson, Office of
constraints of the meeting agenda. Relocations Requirements notice is to Recapitalization, Office of Multifamily
Advance registration is strongly provide greater guidance for the Housing, Office of Housing, U.S.
encouraged. The MHCC will also application of these important Department of Housing and Urban
provide an opportunity for public requirements governing RAD. While the Development, Room 6230, email RAD@
comment on specific matters before the updated requirements are available and HUD.gov, telephone 202–708–0001 (this
Regulatory Subcommittee. became effective upon posting, HUD is not a toll-free number). For
solicits comment on today’s notice, with information about this rule, persons
Tentative Agenda respect primarily to the clarity and with hearing- or speech-impairments
comprehensibility of the requirements. may access this number through TTY by
November 28, 2016, from 1:00 p.m. to
4:00 p.m. Eastern Standard Time DATES: Comment Due Date: December calling the Federal Relay Service toll-
(EST) 14, 2016. free at 800–877–8339.
ADDRESSES: Interested persons are SUPPLEMENTARY INFORMATION:
I. Call to Order—Chair & DFO
invited to submit comments regarding
II. Opening Remarks: Subcommittee this notice. Communications must refer I. Background
Chair to the above docket number and title. RAD was created in order to give
III. Roll Call—Administering There are two methods for submitting public housing agencies (PHAs) a tool to
Organization (AO) public comments. preserve and improve assisted housing
1. Submission of Comments by Mail. and address the multi-billion dollar
IV. Administrative Announcements—
Comments may be submitted by mail to nationwide backlog of deferred
DFO & AO the Regulations Division, Office of maintenance. RAD allows public
V. Approval of minutes from October General Counsel, Department of housing agencies to leverage public and
27, 2016, Meeting Housing and Urban Development, 451 private debt and equity in order to
VI. New Business 7th Street SW., Room 10276, reinvest in the public housing stock. In
Washington, DC 20410–0500. RAD, units move from the public
a. Action Item 8: Foundation Systems 2. Electronic Submission of housing program to a Section 8 platform
Requirements in Freezing Climates Comments. Interested persons may with a long-term contract that, by law,
VII. Open Discussion submit comments electronically through must be renewed. This ensures that the
VIII. Public Comments the Federal eRulemaking Portal at units remain permanently affordable to
www.regulations.gov. HUD strongly low-income households. Once
IX. Wrap-Up—DFO & AO encourages commenters to submit transferred to the Section 8 platform,
X. Adjourn comments electronically. Electronic residents continue to pay 30 percent of
Dated: November 8, 2016. submission of comments allows the their income towards the rent and they
commenter maximum time to prepare maintain the same basic rights as they
Pamela Beck Danner,
and submit a comment, ensures timely would possess in the public housing
Administrator, Office of Manufactured receipt by HUD, and enables HUD to program.
mstockstill on DSK3G9T082PROD with NOTICES

Housing Programs.
make them immediately available to the On June 15, 2015, HUD issued a
[FR Doc. 2016–27347 Filed 11–10–16; 8:45 am] public. Comments submitted comprehensive notice that provided
BILLING CODE 4210–67–P electronically through the program instructions for RAD, including
www.regulations.gov Web site can be addressing eligibility and selection
viewed by other commenters and criteria. (See http://portal.hud.gov/
interested members of the public. hudportal/documents/
Commenters should follow the huddoc?id=PIHNotice_2012–32_

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Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79515

062015.pdf.) The June 15, 2015 notice DEPARTMENT OF THE INTERIOR About the Species
itself was an update of prior RAD We listed the laurel dace (Chrosomus
program notices issued on July 26, 2012, Fish and Wildlife Service
saylori) as an endangered species under
July 2, 2013, and February 6, 2014. The [FWS–R4–ES–2016–N124; the Act on August 9, 2011 (76 FR
June 15, 2015 notice covered both of the FXES1130400000C2–167–FF04E00000] 48722), and designated critical habitat
RAD program’s two components. for the species on October 16, 2012 (77
(Component 1 applies only to public Endangered and Threatened Wildlife FR 63604). The laurel dace is a small
housing units that may convert to RAD. and Plants; Final Recovery Plan for the fish native to the Tennessee River Basin
Component 2 applies to Section 8 Laurel Dace in Tennessee. This fish, from the family
Moderate Rehabilitation, Rent AGENCY: Fish and Wildlife Service, Cyprinidae, is found or collected from
Supplement, and Rental Assistance Interior. pools or slow runs from undercut banks
Payment properties that may convert to ACTION: Notice of availability. or under slab boulders in headwater
RAD.) The June 15, 2015 notice tributaries. The vegetation surrounding
addressed fair housing, civil rights, and SUMMARY: We, the Fish and Wildlife the first or second order streams where
relocation requirements among the other Service (Service), announce the laurel dace occur includes mountain
program instructions. However, given availability of the final recovery plan for laurel, rhododendron, and hemlocks.
the importance of these requirements, the endangered laurel dace, a small fish Historically, laurel dace is known
especially as they apply to the types of native to the Tennessee River Basin in from seven streams, and it currently
transactions common in public housing Tennessee. The recovery plan includes occupies six of these, in three creek
conversions, HUD determined that a specific recovery objectives and criteria systems on the Walden Ridge of the
that must be met in order for us to Cumberland Plateau. Only a few
notice dedicated solely to fair housing,
downlist the fish to threatened status or individuals have been collected from
civil rights, and relocation requirements
delist it under the Endangered Species headwaters of the two creek systems in
was appropriate.
Act of 1973, as amended. the southern part of their range, Soddy
Today’s relocation notice only ADDRESSES: You may obtain a copy of and Sale Creeks, although laurel dace
addresses RAD Component 1. The the recovery plan from our Web site at are more abundant in headwaters of the
notice explains the situations in which http://www.fws.gov/endangered/ Piney River system in their northern
HUD is requiring front-end fair housing species/recovery-plans.html or the range. Threats to the laurel dace include
and civil rights reviews, and provides Tennessee Field Office Web site at land use activities that affect silt levels,
information regarding the types of http://www.fws.gov/cookeville. You may temperature, or hydrologic processes of
information that must be submitted to also request a copy of the recovery plan these small tributaries; invasive species,
facilitate HUD’s review of certain fair by contacting Geoff Call, by U.S. mail at including sunfishes, basses, and
housing and civil rights requirements in U.S. Fish and Wildlife Service, hemlock woolly adelgid; the species’
connection with public housing Tennessee Field Office, 446 Neal Street, naturally small population size and
conversions under RAD Component 1. Cookeville, TN 38501 (telephone 931– geographic range; and climate change.
The notice also includes guidance 525–4983). Recovery Plan Development
regarding relocation requirements under FOR FURTHER INFORMATION CONTACT:
Section 4(f) of the Act requires us to
RAD and reiterates key civil rights- and Geoff Call (see ADDRESSES).
provide public notice and an
relocation-related statutory and SUPPLEMENTARY INFORMATION:
opportunity for public review and
regulatory requirements. comment prior to final approval of
Background
II. Solicitation of Comment recovery plans. We and other Federal
Recovery Plans Under the Endangered agencies will take these public
As noted in the Summary of this Species Act comments into account in the course of
notice, today’s notice is posted and Recovery of endangered or threatened implementing approved recovery plans.
effective but HUD welcomes comments animals and plants to the point where The Technical/Agency Draft Recovery
on the notice. The purpose of the notice they are again secure, self-sustaining Plan for the Laurel Dace was developed
is to provide greater guidance on members of their ecosystems is a by the Tennessee Field Office. This draft
compliance with fair housing, civil primary goal of our endangered species plan was published on January 14, 2015,
rights, and relocation requirements. program and the Endangered Species and made available for public comment
HUD specifically solicits comment on Act of 1973, as amended (Act; 16 U.S.C. through March 16, 2015 (79 FR 1933).
the clarity of the information provided 1531 et seq.). Recovery means We received no comments from the
in the notice. In the event HUD makes improvement of the status of listed general public on the draft plan.
any changes in response to public species to the point at which listing is The Service also asked four peer
comment, HUD will revise the notice no longer needed under any criteria reviewers to review and provide
and advise the public of any changes specified in section 4(a)(1) of the Act. comments on the draft plan. We
made. To help guide the recovery effort, we received comments from all four peer
prepare recovery plans for most listed reviewers: Dr. J. Brian Alford of
Dated: November 8, 2016. species. Recovery plans describe actions University of Tennessee, Dr. Hayden T.
Edward L. Golding, considered necessary for conservation of Mattingly of Tennessee Tech University,
the species, establish criteria for Dr. Christopher E. Skelton of Georgia
mstockstill on DSK3G9T082PROD with NOTICES

Principal Deputy Assistant, Secretary for
Housing. downlisting or delisting, and estimate College and State University, and Mr.
[FR Doc. 2016–27348 Filed 11–10–16; 8:45 am] time and cost for implementing recovery Mark Thurman of the Tennessee
BILLING CODE 4210–67–P
measures. The Act requires the Wildlife Resources Agency. All of the
development of recovery plans for listed peer reviewers offered general support
species, unless such a plan would not and praise for the draft plan. For a
promote the conservation of a particular summary of our responses to peer
species. review comments, see Appendix A in

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Document Created: 2018-10-24 10:46:12
Document Modified: 2018-10-24 10:46:12

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		Notices
Action		Notice.
Dates		Comment Due Date: December 14, 2016.
Contact		Claude Dickson, Office of Recapitalization, Office of Multifamily Housing, Office of Housing, U.S. Department of Housing and Urban Development, Room 6230, email [email protected], telephone 202-708-0001 (this is not a toll-free number). For information about this rule, persons with hearing- or speech- impairments may access this number through TTY by calling the Federal Relay Service toll-free at 800-877-8339.
FR Citation		81 FR 79514