81_FR_93084 81 FR 92840 - Section 8 Housing Assistance Payments ProgramAnnual Adjustment Factors, Fiscal Year 2017

81 FR 92840 - Section 8 Housing Assistance Payments ProgramAnnual Adjustment Factors, Fiscal Year 2017

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range92840-92842
FR Document2016-30618

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 2017 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 2017 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 that will be published at a later date will identify the inflation factors that will be used to adjust FY 2017 tenant-based rental assistance funding.

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92840-92842]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30618]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5991-N-01]


Section 8 Housing Assistance Payments Program--Annual Adjustment 
Factors, Fiscal Year 2017

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

ACTION: Notice of Fiscal Year (FY) 2017 Annual Adjustment Factors 
(AAFs).

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

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 2017 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 
2017 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 that will be published at a later date will identify 
the inflation factors that will be used to adjust FY 2017 tenant-based 
rental assistance funding.

DATES: December 20, 2016.

FOR FURTHER INFORMATION: 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.
    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

[[Page 92841]]

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 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

[[Page 92842]]

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.'' \1\ 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 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.\2\
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    \1\ CPI indexes CUUSA103SEHA and CUSR0000SAH2 respectively.
    \2\ 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 2014 to 
2015. 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 2015 CEX survey data produced for HUD for the purpose of 
computing AAFs. The utility-to-rent ratio used to produce AAFs comes 
from 2014 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. All non-metropolitan counties 
use regional CPI factors. For areas assigned the Census Region CPI 
factor, both metropolitan and non-metropolitan areas receive the same 
factor.
    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 2017 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: December 12, 2016.
Katherine M. O'Regan,
Assistant Secretary for Policy Development and Research.
[FR Doc. 2016-30618 Filed 12-19-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                  92840                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

                                                  SUPPLEMENTARY INFORMATION:    This                        Authority: Section 3507 of the Paperwork            202–708–4300, for questions regarding
                                                  notice informs the public that HUD is                   Reduction Act of 1995, 44 U.S.C. Chapter 35.          the Single Room Occupancy (SRO)
                                                  seeking approval from OMB for the                         Dated: December 8, 2016.                            Moderate Rehabilitation program;
                                                  information collection described in                     Janet M. Golrick,                                     Catherine Brennan, Director, Office of
                                                  Section A.                                              Associate General Deputy Assistant Secretary          Housing Assistance and Grant
                                                                                                          for Housing-Associate Deputy Federal                  Administration, Office of Housing, 202–
                                                  A. Overview of Information Collection                                                                         708–3000, for questions relating to all
                                                                                                          Housing Commissioner.
                                                     Title of Information Collection: HUD                 [FR Doc. 2016–30612 Filed 12–19–16; 8:45 am]          other Section 8 programs; and Marie
                                                  Conditional Commitment/Direct                                                                                 Lihn, Economist, Economic and Market
                                                                                                          BILLING CODE 4210–67–P
                                                  Endorsement Statement of Appraised                                                                            Analysis Division, Office of Policy
                                                  Value.                                                                                                        Development and Research, 202–402–
                                                     OMB Approval Number: 2502–0494.                      DEPARTMENT OF HOUSING AND                             5866, for technical information
                                                     Type of Request: Revision.                           URBAN DEVELOPMENT                                     regarding the development of the
                                                     Form Number: HUD 92800.5b.                                                                                 schedules for specific areas or the
                                                     Description of the need for the                      [Docket No. FR–5991–N–01]                             methods used for calculating the AAFs.
                                                  information and proposed use: Lenders                                                                         The mailing address for these
                                                  must provide to loan applicants either a                Section 8 Housing Assistance
                                                                                                                                                                individuals is: Department of Housing
                                                  completed copy of form HUD–92800.5B,                    Payments Program—Annual
                                                                                                                                                                and Urban Development, 451 7th Street
                                                  or a copy of the completed appraisal                    Adjustment Factors, Fiscal Year 2017                  SW., Washington, DC 20410. Hearing- or
                                                  report, at or before loan closing. Form                 AGENCY:  Office of the Assistant                      speech-impaired persons may contact
                                                  HUD 92800.5B serves as the mortgagee’s                  Secretary for Policy Development and                  the Federal Information Relay Service at
                                                  conditional commitment/direct                           Research, HUD.                                        800–877–8339 (TTY). (Other than the
                                                  endorsement statement of value of FHA                                                                         ‘‘800’’ TTY number, the above-listed
                                                                                                          ACTION: Notice of Fiscal Year (FY) 2017
                                                  mortgage insurance on the property. The                                                                       telephone numbers are not toll free.)
                                                                                                          Annual Adjustment Factors (AAFs).
                                                  form provides a section for a statement                                                                       SUPPLEMENTARY INFORMATION: Tables
                                                  of the property’s appraised value and                   SUMMARY:   The United States Housing                  showing AAFs will be available
                                                  other required FHA disclosures to the                   Act of 1937 requires that certain                     electronically from the HUD data
                                                  homebuyer, including specific                           assistance contracts signed by owners                 information page at http://
                                                  conditions that must be met before HUD                  participating in the Department’s                     www.huduser.gov/portal/datasets/
                                                  can endorse a firm commitment for                       Section 8 housing assistance payment                  aaf.html.
                                                  mortgage insurance. HUD uses the                        programs provide annual adjustments to
                                                  information only to determine the                                                                             I. Applying AAFs to Various Section 8
                                                                                                          monthly rentals for units covered by the
                                                  eligibility of a property for mortgage                                                                        Programs
                                                                                                          contracts. This notice announces FY
                                                  insurance.                                              2017 AAFs for adjustment of contract                     AAFs established by this Notice are
                                                     Respondents (i.e. affected public):                  rents on the anniversary of those                     used to adjust contract rents for units
                                                  Business.                                               assistance contracts. The factors are                 assisted in certain Section 8 housing
                                                     Estimated Number of Respondents:                     based on a formula using residential                  assistance payment programs during the
                                                  1800.                                                   rent and utility cost changes from the                initial (i.e., pre-renewal) term of the
                                                     Estimated Number of Responses:                       most recent annual Bureau of Labor                    HAP contract and for all units in the
                                                  928,119.                                                Statistics Consumer Price Index (CPI)                 Project-Based Certificate program. There
                                                     Frequency of Response: On occasion.                  survey. Beginning with the FY 2014                    are three categories of Section 8
                                                     Average Hours per Response: .12.                     AAFs and continuing with these FY                     programs that use the AAFs:
                                                     Total Estimated Burdens: 111,374.                                                                             Category 1: The Section 8 New
                                                                                                          2017 AAFs, the Puerto Rico CPI is used
                                                  B. Solicitation of Public Comment                       in place of the South Region CPI for all              Construction, Substantial
                                                                                                          areas in Puerto Rico. These factors are               Rehabilitation, and Moderate
                                                     This notice is soliciting comments                                                                         Rehabilitation programs;
                                                  from members of the public and affected                 applied at the anniversary of Housing
                                                                                                          Assistance Payment (HAP) contracts for                   Category 2: The Section 8 Loan
                                                  parties concerning the collection of                                                                          Management (LM) and Property
                                                  information described in Section A on                   which rents are to be adjusted using the
                                                                                                          AAF for those calendar months                         Disposition (PD) programs; and
                                                  the following:                                                                                                   Category 3: The Section 8 Project-
                                                     (1) Whether the proposed collection                  commencing after the effective date of
                                                                                                          this notice. A separate Federal Register              Based Certificate (PBC) program.
                                                  of information is necessary for the                                                                              Each Section 8 program category uses
                                                  proper performance of the functions of                  Notice that will be published at a later
                                                                                                                                                                the AAFs differently. The specific
                                                  the agency, including whether the                       date will identify the inflation factors
                                                                                                                                                                application of the AAFs is determined
                                                  information will have practical utility;                that will be used to adjust FY 2017
                                                                                                                                                                by the law, the HAP contract, and
                                                  (2) The accuracy of the agency’s                        tenant-based rental assistance funding.
                                                                                                                                                                appropriate program regulations or
                                                  estimate of the burden of the proposed                  DATES: December 20, 2016.                             requirements.
                                                  collection of information; (3) Ways to                  FOR FURTHER INFORMATION: Contact                         AAFs are not used in the following
                                                  enhance the quality, utility, and clarity               Becky Primeaux, Director, Management                  cases:
                                                  of the information to be collected; and                 and Operations Division, Office of                       Renewal Rents. With the exception of
                                                  (4) Ways to minimize the burden of the                  Housing Voucher Programs, Office of                   the Project-Based Certificate program,
                                                  collection of information on those who                  Public and Indian Housing, 202–708–                   AAFs are not used to determine renewal
mstockstill on DSK3G9T082PROD with NOTICES




                                                  are to respond; including through the                   1380, for questions relating to the                   rents after expiration of the original
                                                  use of appropriate automated collection                 Project-Based Certificate and Moderate                Section 8 HAP contract (either for
                                                  techniques or other forms of information                Rehabilitation programs (not the Single               projects where the Section 8 HAP
                                                  technology, e.g., permitting electronic                 Room Occupancy program); Ann Oliva,                   contract is renewed under a
                                                  submission of responses. HUD                            Director, Office of Special Needs                     restructuring plan adopted under 24
                                                  encourages interested parties to submit                 Assistance Programs, Office of                        CFR part 401; or renewed without
                                                  comment in response to these questions.                 Community Planning and Development,                   restructuring under 24 CFR part 402). In


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                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                               92841

                                                  general, renewal rents are established in               program) the published AAF is applied                 III. When to Use Reduced AAFs (From
                                                  accordance with the statutory provision                 to the pre-adjustment base rent.                      AAF Table 2)
                                                  in the Multifamily Assisted Housing                        For Category 1 programs, the Table 1                  In accordance with Section 8(c)(2)(A)
                                                  Reform and Affordability Act of 1997                    AAF factor is applied before                          of the United States Housing Act of
                                                  (MAHRA), as amended, under which                        determining comparability (rent
                                                                                                                                                                1937 (42 U.S.C. 1437f(c)(2)(A)), the AAF
                                                  the HAP is renewed. After renewal,                      reasonableness). Comparability applies
                                                                                                                                                                is reduced by 0.01:
                                                  annual rent adjustments will be                         if the pre-adjustment gross rent (pre-                   • For all tenancies assisted in the
                                                  provided in accordance with MAHRA.                      adjustment contract rent plus any                     Section 8 Project-Based Certificate
                                                     Budget-based Rents. AAFs are not                     allowance for tenant-paid utilities) is               program.
                                                  used for budget-based rent adjustments.                 above the published Fair Market Rent                     • In other Section 8 programs, for a
                                                  For projects receiving Section 8                        (FMR).                                                unit occupied by the same family at the
                                                  subsidies under the LM program (24                         If the comparable rent level (plus any
                                                                                                                                                                time of the last annual rent adjustment
                                                  CFR part 886, subpart A) and for                        initial difference) is lower than the
                                                                                                                                                                (and where the rent is not reduced by
                                                  projects receiving Section 8 subsidies                  contract rent as adjusted by application
                                                                                                                                                                application of comparability (rent
                                                  under the PD program (24 CFR part 886,                  of the Table 1 AAF, the comparable rent
                                                                                                                                                                reasonableness)).
                                                  subpart C), contract rents are adjusted,                level (plus any initial difference) will be
                                                                                                                                                                   The law provides that:
                                                  at HUD’s option, either by applying the                 the new contract rent. However, the pre-
                                                                                                          adjustment contract rent will not be                    Except for assistance under the certificate
                                                  AAFs or by budget-based adjustments in                                                                        program, for any unit occupied by the same
                                                  accordance with 24 CFR 886.112(b) and                   decreased by application of
                                                                                                          comparability.                                        family at the time of the last annual rental
                                                  24 CFR 886.312(b). Budget-based                                                                               adjustment, where the assistance contract
                                                                                                             In all other cases (i.e., unless the
                                                  adjustments are used for most Section 8/                                                                      provides for the adjustment of the maximum
                                                                                                          contract rent is reduced by
                                                  202 projects.                                                                                                 monthly rent by applying an annual
                                                                                                          comparability):                                       adjustment factor and where the rent for a
                                                     Tenant-based Certificate Program. In                    • Table 1 AAF is used for a unit
                                                  the past, AAFs were used to adjust the                                                                        unit is otherwise eligible for an adjustment
                                                                                                          occupied by a new family since the last               based on the full amount of the factor, 0.01
                                                  contract rent (including manufactured                   annual contract anniversary.                          shall be subtracted from the amount of the
                                                  home space rentals) in both the tenant-                    • Table 2 AAF is used for a unit                   factor, except that the factor shall not be
                                                  based and project-based certificate                     occupied by the same family as at the                 reduced to less than 1.0. In the case of
                                                  programs. The tenant-based certificate                  time of the last annual contract                      assistance under the certificate program, 0.01
                                                  program has been terminated and all                     anniversary.                                          shall be subtracted from the amount of the
                                                  tenancies in the tenant-based certificate                                                                     annual adjustment factor (except that the
                                                  program have been converted to the                      Category 2: Section 8 Loan Management                 factor shall not be reduced to less than 1.0),
                                                  Housing Choice Voucher Program,                         Program (24 CFR Part 886, Subpart A)                  and the adjusted rent shall not exceed the
                                                  which does not use AAFs to adjust                       and Property Disposition Program (24                  rent for a comparable unassisted unit of
                                                                                                          CFR Part 886, Subpart C)                              similar quality, type and age in the market
                                                  rents. All tenancies remaining in the
                                                                                                                                                                area. 42 U.S.C. 1437f(c)(2)(A).
                                                  project-based certificate program                         At this time Category 2 programs are
                                                  continue to use AAFs to adjust contract                 not subject to comparability.                         Legislative history for this statutory
                                                  rent for outstanding HAP contracts.                     Comparability will again apply if HUD                 provision states that ‘‘the rationale [for
                                                     Voucher Program. AAFs are not used                   establishes regulations for conducting                lower AAFs for non-turnover units is]
                                                  to adjust rents in the Tenant-Based or                  comparability studies under 42 U.S.C.                 that operating costs are less if tenant
                                                  the Project-Based Voucher programs.                     1437f(c)(2)(C).                                       turnover is less . . .’’ (see Department of
                                                                                                            The applicable AAF is determined as                 Veteran Affairs and Housing and Urban
                                                  II. Adjustment Procedures                               follows:                                              Development, and Independent
                                                    This section of the notice provides a                   • Table 1 AAF is used for a unit                    Agencies Appropriations for 1995,
                                                  broad description of procedures for                     occupied by a new family since the last               Hearings Before a Subcommittee of the
                                                  adjusting the contract rent. Technical                  annual contract anniversary.                          Committee on Appropriations 103d
                                                  details and requirements are described                    • Table 2 AAF is used for a unit                    Cong., 2d Sess. 591 (1994)). The
                                                  in HUD notices H 2002–10 (Section 8                     occupied by the same family as at the                 Congressional Record also states the
                                                  New Construction and Substantial                        time of the last annual contract                      following:
                                                  Rehabilitation, Loan Management, and                    anniversary.
                                                                                                                                                                  Because the cost to owners of turnover-
                                                  Property Disposition) and PIH 97–57                     Category 3: Section 8 Project-Based                   related vacancies, maintenance, and
                                                  (Moderate Rehabilitation and Project-                   Certificate Program                                   marketing are lower for long-term stable
                                                  Based Certificates).                                                                                          tenants, these tenants are typically charged
                                                                                                             The following procedures are used to               less than recent movers in the unassisted
                                                    Because of statutory and structural                   adjust contract rent for outstanding HAP              market. Since HUD pays the full amount of
                                                  distinctions among the various Section                  contracts in the Section 8 PBC program:               any rent increases for assisted tenants in
                                                  8 programs, there are separate rent                        • Table 2 AAF is always used. The                  section 8 projects and under the Certificate
                                                  adjustment procedures for the three                     Table 1 AAF is not used.                              program, HUD should expect to benefit from
                                                  program categories:                                        • Table 2 AAF is always applied                    this ‘tenure discount.’ Turnover is lower in
                                                                                                          before determining comparability (rent                assisted properties than in the unassisted
                                                  Category 1: Section 8 New Construction,                                                                       market, so the effect of the current
                                                  Substantial Rehabilitation, and                         reasonableness).
                                                                                                             • Comparability always applies. If the             inconsistency with market-based rent
                                                  Moderate Rehabilitation Programs                                                                              increases is exacerbated. (140 Cong. Rec.
                                                                                                          comparable rent level is lower than the
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                                                    In the Section 8 New Construction                                                                           8659, 8693 (1994)).
                                                                                                          rent to owner (contract rent) as adjusted
                                                  and Substantial Rehabilitation                          by application of the Table 2 AAF, the                  To implement the law, HUD
                                                  programs, the published AAF factor is                   comparable rent level will be the new                 publishes two separate AAF Tables,
                                                  applied to the pre-adjustment contract                  rent to owner.                                        Table 1 and Table 2. The difference
                                                  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


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                                                  92842                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

                                                  an AAF in Table 1 would otherwise be                    gross rent inflation factor and a shelter             of all bedroom sizes. AAFs are
                                                  less than 1.0, it is set at 1.0, as required            rent inflation factor, HUD decomposes                 provided:
                                                  by statute; the corresponding AAF in                    the contract rent CPI inflation factor into             • For separate metropolitan areas,
                                                  Table 2 will also be set at 1.0, as                     parts to represent the gross rent change              including HMFAs and counties that are
                                                  required by statute.                                    and the shelter rent change. This is done             currently designated as non-
                                                                                                          by applying data from the Consumer
                                                  IV. How to Find the AAF                                                                                       metropolitan, but are part of the
                                                                                                          Expenditure Survey (CEX) on the
                                                     AAF Table 1 and Table 2 are posted                                                                         metropolitan area defined in the local
                                                                                                          percentage of renters who pay for heat
                                                  on the HUD User Web site at http://                     (a proxy for the percentage of renters                CPI survey.
                                                  www.huduser.gov/portal/datasets/                        who pay shelter rent) and also American                 • For the four Census Regions (to be
                                                  aaf.html. There are two columns in each                 Community Survey (ACS) data on the                    used for those metropolitan and non-
                                                  AAF table. The first column is used to                  ratio of utilities to rents. For Puerto               metropolitan areas that are not covered
                                                  adjust contract rent for rental units                   Rico, the Puerto Rico Community                       by a CPI city-survey).
                                                  where the highest cost utility is                       Survey (PRCS) is used to determine the                  AAFs use the same OMB metropolitan
                                                  included in the contract rent, i.e., where              ratio of utilities to rents, resulting in             area definitions, as revised by HUD, that
                                                  the owner pays for the highest cost                     different AAFs for some metropolitan                  are used for the FY 2017 FMRs.
                                                  utility. The second column is used                      areas in Puerto Rico.2
                                                  where the highest cost utility is not                                                                         Area Definitions
                                                  included in the contract rent, i.e., where              Survey Data Used to Produce AAFs
                                                  the tenant pays for the highest cost                      The rent and fuel and utilities                        To make certain that they are using
                                                  utility.                                                inflation factors for large metropolitan              the correct AAFs, users should refer to
                                                     The applicable AAF is selected as                    areas and Census regions are based on                 the Area Definitions Table section at
                                                  follows:                                                changes in the rent of primary residence              http://www.huduser.gov/portal/
                                                     • Determine whether Table 1 or Table                 and fuels and utilities CPI indices from              datasets/aaf.html. The Area Definitions
                                                  2 is applicable. In Table 1 or Table 2,                 2014 to 2015. The CEX data used to                    Table lists CPI areas in alphabetical
                                                  locate the AAF for the geographic area                  decompose the contract rent inflation                 order by state, and the associated
                                                  where the contract unit is located.                     factor into gross rent and shelter rent               Census region is shown next to each
                                                     • Determine whether the highest cost                 inflation factors come from a special                 state name. Areas whose AAFs are
                                                  utility is or is not included in contract               tabulation of 2015 CEX survey data                    determined by local CPI surveys are
                                                  rent for the contract unit.                             produced for HUD for the purpose of                   listed first. All metropolitan areas with
                                                     • If highest cost utility is included,               computing AAFs. The utility-to-rent                   local CPI surveys have separate AAF
                                                  select the AAF from the column for                      ratio used to produce AAFs comes from                 schedules and are shown with their
                                                  ‘‘Highest Cost Utility Included.’’ If                   2014 ACS median rent and utility costs.
                                                  highest cost utility is not included,                                                                         corresponding county definitions or as
                                                  select the AAF from the column for                      Geographic Areas                                      metropolitan counties. In the six New
                                                  ‘‘Highest Cost Utility Excluded.’’                                                                            England states, the listings are for
                                                                                                             AAFs are produced for all Class A CPI
                                                                                                                                                                counties or parts of counties as defined
                                                  V. Methodology                                          cities (CPI cities with a population of
                                                                                                          1.5 million or more) and for the four                 by towns or cities. The remaining
                                                     AAFs are rent inflation factors. Two                 Census Regions. They are applied to                   counties use the CPI for the Census
                                                  types of rent inflation factors are                     core-based statistical areas (CBSAs), as              Region and are not separately listed in
                                                  calculated for AAFs: Gross rent factors                 defined by the Office of Management                   the Area Definitions Table at http://
                                                  and shelter rent factors. The gross rent                and Budget (OMB), according to how                    www.huduser.gov/portal/datasets/
                                                  factor accounts for inflation in the cost               much of the CBSA is covered by the CPI                aaf.html.
                                                  of both the rent of the residence and the               city-survey. If more than 75 percent of                  Puerto Rico uses its own AAFs
                                                  utilities used by the unit; the shelter                 the CBSA is covered by the CPI city-                  calculated from the Puerto Rico CPI as
                                                  rent factor accounts for the inflation in               survey, the AAF that is based on that                 adjusted by the PRCS, the Virgin Islands
                                                  the rent of the residence, but does not                 CPI survey is applied to the whole                    uses the South Region AAFs and the
                                                  reflect any change in the cost of utilities.            CBSA and to any HUD-defined
                                                  The gross rent inflation factor is                                                                            Pacific Islands uses the West Region
                                                                                                          metropolitan area, called the ‘‘HUD                   AAFs. All areas in Hawaii use the AAFs
                                                  designated as ‘‘Highest Cost Utility                    Metro FMR Area’’ (HMFA), within that
                                                  Included’’ and the shelter rent inflation                                                                     listed next to ‘‘Hawaii’’ in the Tables
                                                                                                          CBSA. If the CBSA is not covered by a                 which are based on the CPI survey for
                                                  factor is designated as ‘‘Highest Cost                  CPI city-survey, the CBSA uses the
                                                  Utility Excluded.’’                                                                                           the Honolulu metropolitan area. The
                                                                                                          relevant regional CPI factor. All non-
                                                     AAFs are calculated using CPI data on                                                                      Pacific Islands use the West Region
                                                                                                          metropolitan counties use regional CPI
                                                  ‘‘rent of primary residence’’ and ‘‘fuels                                                                     AAFs.
                                                                                                          factors. For areas assigned the Census
                                                  and utilities.’’ 1 The CPI inflation index              Region CPI factor, both metropolitan                    Dated: December 12, 2016.
                                                  for rent of primary residence measures                  and non-metropolitan areas receive the                Katherine M. O’Regan,
                                                  the inflation of all surveyed units                     same factor.                                          Assistant Secretary for Policy Development
                                                  regardless of whether utilities are                        Each metropolitan area that uses a                 and Research.
                                                  included in the rent of the unit or not.                local CPI update factor is listed                     [FR Doc. 2016–30618 Filed 12–19–16; 8:45 am]
                                                  In other words, it measures the inflation               alphabetically in the tables and each
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                                                  of the ‘‘contract rent’’ which includes                 HMFA is listed alphabetically within its
                                                                                                                                                                BILLING CODE 4210–67–P
                                                  units with all utilities included in the                respective CBSA. Each AAF applies to
                                                  rent, units with some utilities included                a specific geographic area and to units
                                                  in the rent, and units with no utilities
                                                  included in the rent. In producing a                      2 The formulas used to produce these factors can

                                                                                                          be found in the Annual Adjustment Factors
                                                   1 CPI indexes CUUSA103SEHA and                         overview and in the FMR documentation at
                                                  CUSR0000SAH2 respectively.                              www.HUDUSER.gov.



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Document Created: 2018-02-14 09:09:54
Document Modified: 2018-02-14 09:09:54
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) 2017 Annual Adjustment Factors (AAFs).
DatesDecember 20, 2016.
FR Citation81 FR 92840 

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