Page Range | 20912-20916 | |
FR Document | 2017-09139 |
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)] [Notices] [Pages 20912-20916] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09139] [[Page 20912]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5994-N-02] Operations Notice for the Expansion of the Moving To Work Demonstration Program Solicitation of Comment; Waiver Revision and Reopening of Comment Period AGENCY: Office of Public and Indian Housing, HUD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice revises the parameters of three waiver provisions and reopens the comment period for HUD's January 23, 2017 Federal Register notice entitled ``Operations Notice for the Expansion of the Moving To Work Demonstration Program Solicitation of Comment.'' DATES: Comment due date: The comment deadline for the January 23, 2017 notice, as revised by this notice, is June 5, 2017. FOR FURTHER INFORMATION CONTACT: Marianne Nazzaro, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4130, Washington, DC 20410; email address [email protected]. SUPPLEMENTARY INFORMATION: I. Background The MTW demonstration program was established under Section 204 of Title II of section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, Public Law 104-134 (approved April 26, 1996). The demonstration was significantly expanded under the 2016 MTW expansion statute, Section 239 of Division L, Title IV of the Consolidated Appropriations Act, 2016, Public Law 114-113 (approved December 18, 2015) (2016 MTW expansion). The 2016 MTW expansion authorizes HUD to expand the MTW demonstration program from the current level of 39 PHAs to an additional 100 PHAs over a period of seven years. On January 23, 2017 (82 FR 8056), HUD published in the Federal Register a notice that sought comment on the proposed methods of operations for PHAs joining the MTW demonstration through the 2016 MTW expansion. Included in that notice are appendices that list available waivers, and the parameters of those waivers. These include Appendix A, ``General Waivers'' (82 FR 8071 et seq.), and Appendix B, ``Conditional Waivers'' (82 FR 8076 et seq.). General waivers are those that will be granted without HUD review beyond the MTW application review. Conditional waivers are those waivers that will be granted following additional HUD review and approval. This notice makes a revision to one of the Appendix A waivers, and two of the Appendix B waivers. II. Revisions to Parameters of Waivers A. Appendix A: General Waivers For the waiver entitled ``Authorizations Related to Family Self Sufficiency,'' one of the available activities listed in the fourth column is: ``The Agency is authorized to develop its own recruitment and selection procedures for its FSS program(s).'' In the fifth column, ``Parameters,'' the corresponding statement as originally published (82 FR 8072 (January 23, 2017)) reads: Recruitment, eligibility, and selection policies and procedures must be consistent with the Department's nondiscrimination and equal opportunity requirements. Agency may not require families to participate in the program as a condition of receiving housing assistance. Agency may not include current work status, work history and/or source of income as part of the selection criteria. ``Family'' is not limited to families with a member who is able to work full time, but is defined broadly so as not to exclude families with a member who is disabled but able to work, disabled but unable to work, or working as a caregiver for a family member with a disability. This statement is revised by this notice to remove the second sentence and add two new sentences in its place, so that the statement reads (emphasis added): Recruitment, eligibility, and selection policies and procedures must be consistent with the Department's nondiscrimination and equal opportunity requirements. A PHA may make FSS participation mandatory by waiving the statutory and regulatory definition of FSS family or participating family which is ``a family that resides in public housing or receives assistance under the rental certificate or rental voucher programs, and that elects to participate in the FSS program'' (24 CFR 984.103(b)). The Agency may not make FSS participation mandatory for individuals that do not meet the definition of an eligible family at Section 23(n)(3) of the U.S. Housing Act of 1937 (1937 Act), 42 U.S.C. 1437u(n)(3), and those exempted from the Community Service Requirement under Section 12(c)(2)(A), (B), (D) and (E) of the 1937 Act, 42 U.S.C. 1437j(c)(2)(A), (B), (D), and (E). If the Agency requires FSS participation as a condition for housing subsidy, the Agency must develop and adopt a non-compliance policy and a hardship exemption policy and conduct an impact analysis in accordance with MTW guidance prior to the implementation of the activity. If an Agency terminates the housing subsidy or tenancy of a family for alleged violation of mandatory FSS participation, it will provide a notice at least 60 days prior to the date of termination informing the family that it is entitled to a hearing under the procedures stated in the Agency's Grievance Procedure (24 CFR part 966, subpart B). Any resulting termination of assistance or tenancy must be based on the noncompliance policy, and there shall be no termination of tenancy or assistance if such action would result in hardship for the family under the hardship policy. The noncompliance policy may not include minor infractions of FSS as a basis for termination of tenancy or subsidy. An Agency may not include current work status, work history and/or source of income as part of the selection criteria. ``Family'' is not limited to families with a member who is able to work full time, but is defined broadly so as not to exclude families with a member who is disabled but able to work, disabled but unable to work, or working as a caregiver for a family member with a disability. B. Appendix B: Conditional Waivers For waiver 3 under the ``Activities Related to Public Housing'' heading, entitled ``PH--Work Requirements,'' the first sentence of the ``Available Activities'' statement as originally published (82 FR 8079 (January 23, 2017)) reads: Work Requirement (PH): The Agency may implement a work requirement for public housing residents between the ages of 18 and 54. This sentence is revised to read: Work Requirement (PH): The Agency may implement a work requirement for public housing residents between the ages of 18 and 61. For waiver 6 under the ``Activities Related to Housing Choice Vouchers'' heading, entitled ``HCV & PBV--Work Requirements,'' the first sentence of the ``Available Activities'' statement as originally published (82 FR 8079 (January 23, 2017)) reads: Work Requirement (HCV & PBV): The Agency may implement a work requirement for HCV and PBV residents between the ages of 18 and 54. This sentence is revised to read: Work Requirement (HCV & PBV): The Agency may implement a work requirement for HCV and PBV residents between the ages of 18 and 61. Dated: May 2, 2017. Jemine A. Bryon, General Deputy Assistant Secretary for Public and Indian Housing. [[Page 20913]] Appendix A Excerpt [Note: Comments are being accepted on the original notice and appendices published at 82 FR 8056 (January 23, 2017) until the comment deadline in this notice. These excerpts from Appendices A and B are provided to show the context of the changes described in this notice] -------------------------------------------------------------------------------------------------------------------------------------------------------- No. Waiver name Waiver description Regulations waived Available activities Parameters -------------------------------------------------------------------------------------------------------------------------------------------------------- Activities Related to Public Housing and Housing Choice Vouchers -------------------------------------------------------------------------------------------------------------------------------------------------------- 3................... Authorizations Related The Agency is authorized to Certain provisions of Waive Operating a Required Recruitment, eligibility, to Family Self operate any of its Section 23 of the FSS Program (Both): The and selection policies Sufficiency. existing self-sufficiency 1937 Act and 24 CFR Agency is authorized to and procedures must be and training programs, 984. waive its requirement to consistent with the including its Family Self- operate the traditional Department's Sufficiency (FSS) Program FSS program. nondiscrimination and and any successor programs Alternative to Program equal opportunity exempt from certain HUD Coordinating Committee requirements. A PHA may program requirements. If (Both): The Agency is make FSS participation the Agency receives authorized to create an mandatory by waiving the dedicated funding for an alternative structure for statutory and regulatory FSS coordinator, such securing local resources definition of FSS family funds must be used to to support an FSS program. or participating family employ a self-sufficiency Alternative Family which is ``a family that coordinator. In developing Selection Procedures resides in public housing and operating such (Both): The Agency is or receives assistance programs, the Agency is authorized to develop its under the rental authorized to establish own recruitment and certificate or rental strategic relationships selection procedures for voucher programs, and and partnerships with its FSS program(s). that elects to local private and public participate in the FSS agencies and service program'' (24 CFR providers to leverage 984.103(b)). The Agency expertise and funding. In may not make FSS implementing this waiver, participation mandatory the Agency must execute a for individuals that do contract of participation, not meet the definition or other locally developed of an eligible family at agreement, that is at Section 23(n)(3) of the least 5 years but no more U.S. Housing Act of 1937 than 10 years. However, (1937 Act) (42 U.S.C. notwithstanding the above, 1437u(n)(3)), and those any funds granted pursuant exempted from the to a competition must be Community Service used in accordance with Requirement under Section the NOFA and the approved 12(c)(2)(A), (B), (D) and application and work plan. (E) of the 1937 Act, 42 U.S.C. 1437j(c)(2)(A), (B), (D), and (E). If the Agency requires FSS participation as a condition for housing subsidy, a hardship policy and impact analysis must be developed and adopted in accordance with MTW guidance prior to the implementation of the activity. If an Agency terminates the housing subsidy or tenancy of a family for alleged violation of mandatory FSS participation, the family will be entitled to a hearing under the Agency's Grievance Procedure (24 CFR part 966, subpart B). An Agency may not include current work status, work history and/or source of income as part of the selection criteria. ``Family'' is not limited to families with a member who is able to work full time, but is defined broadly so as not to exclude families with a member who is disabled but able to work, disabled but unable to work, or working as a caregiver for a family member with a disability. Modify or Eliminate the The Agency may modify the Contract of Participation terms of the contract of (Both): The Agency is participation to align authorized to modify the with adjustments made to terms of, or eliminate its FSS program(s) using the contract of MTW flexibility. Further, participation, in lieu of the Agency may a local form. discontinue use of the contract of participation and instead employ a locally-developed agreement that codifies the terms of participation. [[Page 20914]] Policies for Addressing Consistent with the goals Increases in Family and structure of its MTW Income (Both): The Agency FSS program, the Agency is authorized to set its can set policies for own policies for whether income increases addressing increases in are recognized for family income during purposes of increasing participation in the FSS rent or changing the program. amount of funds moved to escrow/savings through the program. The Agency may not use income increases during participation in the FSS program to change a family's eligibility status for purposes of participation in the FSS program or for the receipt public housing or HCV assistance. Calculating FSS Credits The Agency may set (Both): The Agency is policies to defer income authorized to create increases to savings OR alternative methods for to allow participants to computing the family's earn savings deposits FSS credit. based on meeting certain program milestones. Such policies must be made clear to participants in writing prior to starting their participation in the program. Disbursement of Savings Consistent with the goals (Both): The Agency may and structure of its MTW set its own policies for FSS program, the Agency when savings funds can be can set policies for when disbursed to participants. savings are disbursed to participants. This could mean all funds are disbursed at once, or at certain key points of participation. Such policies must be made clear to participants in writing prior to starting their participation in the program. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 20915]] Appendix B Excerpt -------------------------------------------------------------------------------------------------------------------------------------------------------- No. Waiver name Waiver description Regulations waived Available activities Parameters -------------------------------------------------------------------------------------------------------------------------------------------------------- Activities Related to Public Housing -------------------------------------------------------------------------------------------------------------------------------------------------------- 3................... PH--Work Requirements. The Agency is authorized to Certain provisions of Work Requirement (PH): The Residents must have the implement a requirement Section 3 of the Agency may implement a opportunity to utilize that a specified segment 1937 Act and 24 CFR work requirement for the provisions of the of its public housing 960.206. public housing residents Agency's Grievance residents work as a between the ages of 18 Procedure to resolve a condition of tenancy and 61. The requirement dispute regarding a subject to subject to all shall be no less than 15 determination that a applicable Fair Housing hours of work per week resident has failed to Requirements and the and no more than 30 hours comply with the work mandatory admission and of work per week. Work requirement. The Agency prohibition requirements requirements shall not be must update its ACOP to imposed by sections 576- applied to exclude, or include a description of 578 of the Quality Housing have the effect of the circumstances in and Work Responsibility excluding, the admission which residents shall be Act of 1998 and Section of or participation by exempt for the 428 of Public Law 105-276. persons with disabilities requirement and hardship Those individuals exempt or families that include policies. The ACOP should from the Community Service persons with include a description of Requirement in accordance disabilities. Work what is considered work with Section 12(c)(2)(A), requirements shall not as well as other (B), (D) and (E) of the apply to person with activities that shall be 1937 Act are also exempt disabilities or families considered acceptable from the Agency's work that include persons with substitutes for work. requirement. disabilities. However, Services, or referrals to persons with disabilities services, must be and families that include provided by the Agency to persons with disabilities support preparing must have equal access to families to comply with the full range of program this requirement. The services and other hardship policy in the incentives. ACOP should apply to residents who are actively trying to comply with the Agency's work requirement, but are having difficulties obtaining work or an acceptable substitute. The ACOP should also describe the consequences of failure to comply with the work requirement. Agencies may not implement the PH-Work Requirements Waiver on individuals exempted from the Community Service Requirement under Section 12(c)(2)(A), (B), (D) and (E). While the work requirements do not apply to persons with disabilities or families that include a person with disabilities, such persons and families are not precluded from working or engaging in substitute activities (such as caring for a family member who is disabled). Regardless of the level of engagement with work or substitute activities, persons and families that include persons with disabilities must have equal access to services or referral to services to support their efforts to obtain work or an acceptable substitute, and any other services or other incentives associated with the program. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 20916]] Activities Related to Housing Choice Vouchers -------------------------------------------------------------------------------------------------------------------------------------------------------- 6................... HCV & PBV--Work The Agency is authorized to Certain provisions of Work Requirement (HCV & The Agency must update its Requirements. implement a requirement Sections 8(o)(7)(a), PBV): The Agency may Administrative Plan to that a specified segment 8(o)(13)(F), and implement a work include a description of of its HCV and PBV 8(o)(13)(G) of the requirement for HCV and the circumstances in residents work as a 1937 Act and 24 CFR PBV residents between the which families shall be condition of tenancy 982.303, 982.309 and ages of 18 and 61. The exempt from the subject to all applicable 983 Support F. requirement shall be no requirement. The Fair Housing Requirements. less than 15 hours of Administrative Plan must work per week and no more also include a hardship than 30 hours of work per policy. The week. The Agency shall Administrative Plan provide supportive should include a services to assist description of what is families obtain considered work as well employment or an as other activities that acceptable substitute. shall be considered Work requirements shall acceptable substitutes not be applied to for work. Services, or exclude, or have the referrals to services, effect of excluding, the must be provided by the admission of or Agency to support participation by persons preparing families for with disabilities or the termination of families that include assistance. The hardship persons with policy in the disabilities. Work Administrative Plan requirements shall not should apply to families apply to persons with who are actively trying disabilities or families to comply with the that include persons with Agency's work disabilities. However, requirement, but are persons with disabilities having difficulties and families that include obtaining work or an persons with disabilities acceptable substitute. must have equal access to The Administrative Plan the full range of program should also describe the services and other consequences of failure incentives. to comply with the work requirement. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-09139 Filed 5-3-17; 8:45 am] BILLING CODE 4210-67-P
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: The comment deadline for the January 23, 2017 notice, as revised by this notice, is June 5, 2017. | |
Contact | Marianne Nazzaro, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th | |
FR Citation | 82 FR 20912 |