83 FR 31169 - Rental Assistance Demonstration: Supplemental Guidance on Final Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 83, Issue 128 (July 3, 2018)
Federal Register Volume 83, Issue 128 (July 3, 2018)
| Page Range | 31169-31170 | |
| FR Document | 2018-14210 |
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)] [Notices] [Pages 31169-31170] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14210] ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-6106-N-01] Rental Assistance Demonstration: Supplemental Guidance on Final Notice AGENCY: Office of the Assistant Secretary for Housing-Federal Housing Commissioner and Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On July 26, 2012, HUD announced through notice in the Federal Register the implementation of the statutorily authorized Rental Assistance Demonstration (RAD), which provides the opportunity to test the conversion of public housing and other HUD-assisted properties to long-term, project-based Section 8 rental assistance. The July 26, 2012 notice provided for full implementation of RAD, and the posting of the Final Program Notice (Final Program Notice, PIH-2012-32) on HUD's RAD website. HUD subsequently issued a number of revised program notices, the most recent on January 12, 2017 (PIH 2012-32/Housing 2017-03 REV- 3). This notice announces the posting of a supplement to the most current notice PIH 2012-32/Housing 2017-03 REV-3 (RAD Supplemental Notice, PIH 2018-11/H 2018-05). As provided by the RAD Statute, this notice addresses the requirement that the demonstration may proceed after HUD publishes the terms of the notice in the Federal Register. This notice summarizes the key changes made to the PIH 2012-32/Housing 2017-03 REV-3 through the RAD Supplemental Notice, PIH 2018-11/H 2018- 05. This notice also meets the RAD statutory requirement to publish at least 10 days before they may take effect, waivers and alternative requirements authorized by the statute, which does not prevent the demonstration, as modified, from proceeding immediately. DATES: The RAD Supplemental Notice, PIH 2018-11/H 2018-05, other than those items listed as new statutory or regulatory waivers or alternative requirements specified in this notice, is effective July 3, 2018. The new statutory and regulatory waivers and alternative requirements are effective July 13, 2018. ADDRESSES: Interested persons are invited to submit questions or comments electronically to [email protected]. [[Page 31170]] FOR FURTHER INFORMATION CONTACT: William A. Lavy, Director, Program Administration Division, Office of Recapitalization, Office of Multifamily Programs, Department of Housing and Urban Development, 451 Seventh Street SW, Room 6230, Washington, DC 20410; telephone 202-708- 0614. (This is not a toll-free number.) Individuals with speech or hearing impairments may access this number through TTY by calling the toll-free Federal Relay Service at 1-800-877-8339. To assure a timely response, HUD recommends that requests for further information be submitted electronically to the email address [email protected]. SUPPLEMENTARY INFORMATION: I. Background RAD, authorized by the Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. 122-55, signed November 18, 2011) (2012 Appropriations Act), allows for the conversion of assistance under the public housing, Rent Supplement (Rent Supp), Rental Assistance (RAP), Moderate Rehabilitation (Mod Rehab), and Mod Rehab Single Room Occupancy (SRO) programs (collectively, ``covered programs'') to long-term, renewable assistance under Section 8. The most recent version of the RAD program notice is PIH 2012-32/Housing 2017-03, REV-3, located at https://www.hud.gov/sites/documents/RAD_Notice_Rev3_Final.docx. II. Key Changes The following highlights key changes to the RAD program that are included in the Supplemental Program Notice: First Component (Public Housing Conversions) 1. Expands the rent setting flexibility referred to as Rent Bundling in the current RAD program notice PIH 2012-32/Housing 2017-03 to permit PHAs to rent bundle between RAD Project-Based Voucher (PBV) and non-RAD PBV projects. Under this provision, rents of non-RAD PBV contracts are reduced by the equivalent increase to the RAD PBV initial contract rents. 2. Permits PHAs to establish project-specific utility allowances for Covered Projects. When a RAD conversion results in the reduction of one or more utility components used to establish the utility allowance, HUD will permit the RAD contract rent to be increased by a portion of the utility savings. 3. Provides alternative developer fee limits when a PHA adopts a waiting list preference for households exiting homelessness. 4. Establishes that HUD will disapprove a proposed conversion where a PHA is using 24 CFR 970.17(b) or 970.17(c) to dispose of other units at a proposed project and HUD determines that the PHA's use of both RAD and disposition under those sections undermines the unit replacement requirements of the RAD program. 5. Creates a streamlined conversion option for PHAs that have a very small public housing portfolio of 50 units or less that will not involve any rehabilitation, new construction, or relocation. III. New Waivers and Alternative Requirements The RAD Statute provides that waivers and alternative requirements authorized under the First Component must be published by notice in the Federal Register no later than 10 days before the effective date of such notice. Under the Second Component of RAD, HUD is authorized to waive or alter the provisions of subparagraphs (C) and (D) of section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f) (the 1937 Act). HUD has previously published its waivers and alternative requirements for RAD, on July 26, 2012 (77 FR 43850), July 2, 2013 (78 FR 39759), June 26, 2015 (80 FR 36830), and January 19, 2017 (82 FR 6615). This notice only includes waivers and alternative requirements not previously published or that have changed from previous publications. Although waivers or alternative requirements under the Second Component are not subject to a Federal Register publication requirement, the new Second Component waivers and alternative requirements are included in this notice as a matter of convenience. The new waiver and alternative requirement is: 1. PBV Site-Specific Utility Allowances. Provisions affected: 24 CFR 983.301(f)(2)(ii), 24 CFR 983.2(c)(6)(iii) and 24 CFR 982.517; RAD Implementation Notice, Attachment 1C: Calculation of HAP Contract Rents for Conversions of Assistance from Public Housing to PBRA or PBV. Waiver: HUD has determined that the specified sections of its regulations will not apply to RAD conversions to Project Based Vouchers (PBV). Alternative requirements: The Utility Allowance shall be calculated in the manner specified in Housing Notice H-2015-04 (June 22, 2015) unless PIH promulgates utility allowance guidance specific to the PBV program. The Project Owner may carry out all activities of owners and management agents associated with Housing Notice 2015-04, but the PHA must ensure that the Utility Allowance is calculated correctly. IV. Revised Program Notice Availability The RAD Supplemental Notice (PIH 2018-11/H 2018-05) can be found on RAD's website, www.hud.gov/RAD. V. Finding of No Significant Impact A Finding of No Significant Impact (FONSI) with respect to the environment has been made in accordance with HUD regulations in 24 CFR part 50, which implemented section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available for public inspection during regular business hours in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the FONSI by calling the Regulations Division at (202) 708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service at (800) 877-8339. Dated: June 22, 2018. Dominique Blom, General Deputy Assistant Secretary for Public and Indian Housing. Brian Montgomery, Assistant Secretary for Housing, Federal Housing Commissioner. [FR Doc. 2018-14210 Filed 7-2-18; 8:45 am] BILLING CODE 4210-67-P
![Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices 31169
award. For any multi-phase awards actions that occur after conversion. DEPARTMENT OF HOUSING AND
issued prior to March 22, 2018, HUD These protections also apply when a URBAN DEVELOPMENT
may approve extensions up to household is relocated to facilitate
September 30, 2024 on a case-by-case construction or rehabilitation work [Docket No. FR–6106–N–01]
basis. following conversion and subsequently
5. When a PHA returns RAD authority returns to the Covered Project. Post- Rental Assistance Demonstration:
to HUD by submitting a voluntary conversion, the tenure of all residents of Supplemental Guidance on Final
withdrawal of a project and the Covered Project is protected Notice
subsequently requests new RAD
pursuant to PBV or PBRA requirements
authority for the same project within AGENCY: Office of the Assistant
regarding continued occupancy. For Secretary for Housing-Federal Housing
one month thereafter, provided that
HUD has authority to make awards example, a unit with a household that Commissioner and Office of the
under the 455,000 unit statutory cap, was over-income at time of conversion Assistant Secretary for Public and
HUD may approve issuance of a would continue to be treated as an Indian Housing, HUD.
replacement CHAP without the assisted unit. Thus, 24 CFR 982.201,
ACTION: Notice.
requirement that the PHA submit the concerning eligibility and targeting of
application materials that would tenants for initial occupancy, and the SUMMARY: On July 26, 2012, HUD
otherwise be required. The replacement first clause of section 8(c)(4) of the announced through notice in the
CHAP will include the original CHAP United States Housing Act of 1937 and Federal Register the implementation of
issuance date, but will have rents based 24 CFR 880.603(b), concerning the statutorily authorized Rental
on the applicable RAD rent base year as determination of eligibility and Assistance Demonstration (RAD), which
described above. For example, a selection of tenants for initial provides the opportunity to test the
withdrawal of a CHAP and subsequent occupancy, will not apply for current conversion of public housing and other
request for new RAD authority that households. Once the grandfathered HUD-assisted properties to long-term,
occurs in September of 2018 would household moves out, the unit must be project-based Section 8 rental
have rents based on FY 16 rent levels as leased to an eligible family. assistance. The July 26, 2012 notice
modified in Paragraph 2. provided for full implementation of
V. Finding of No Significant Impact RAD, and the posting of the Final
III. Second Component: Initial Contract
Rents for Rent Supplement and RAP Program Notice (Final Program Notice,
A Finding of No Significant Impact
Conversions PIH–2012–32) on HUD’s RAD website.
(FONSI) with respect to the HUD subsequently issued a number of
For Project Based Rental Assistance environment has been made in revised program notices, the most recent
(PBRA) conversions, properties accordance with HUD regulations in 24 on January 12, 2017 (PIH 2012–32/
currently assisted through the Rent CFR part 50, which implemented Housing 2017–03 REV–3). This notice
Supp and RAP programs that are located section 102(2)(C) of the National announces the posting of a supplement
in High Cost Areas as identified in Environmental Policy Act of 1969 (42 to the most current notice PIH 2012–32/
Housing Notice 2017–06 shall have U.S.C. 4332(2)(C)). The FONSI is Housing 2017–03 REV–3 (RAD
initial rents set at comparable market available for public inspection during Supplemental Notice, PIH 2018–11/H
rents, without regard to any Fair Market regular business hours in the 2018–05). As provided by the RAD
Rent (FMR) cap, but as otherwise Regulations Division, Office of General Statute, this notice addresses the
described in PIH 2012–32 (HA) H 2017– Counsel, Department of Housing and requirement that the demonstration may
03, REV–3. Over the 20-year term of the Urban Development, 451 7th Street SW, proceed after HUD publishes the terms
HAP contract, contract rents will be Room 10276, Washington, DC 20410– of the notice in the Federal Register.
adjusted using the processes described 0500. Due to security measures at HUD This notice summarizes the key changes
in the HUD Section 8 Renewal Policy Headquarters building, please schedule made to the PIH 2012–32/Housing
Guidebook under Option 1A: Mark-Up- an appointment to review the FONSI by 2017–03 REV–3 through the RAD
To-Market. Supplemental Notice, PIH 2018–11/H
For Project-Based Voucher (PBV) calling the Regulations Division at 202–
708–3055 (this is not a toll-free 2018–05. This notice also meets the
conversions, HUD is not prepared to RAD statutory requirement to publish at
implement this modification to initial number). Individuals with speech or
hearing impairments may access this least 10 days before they may take
contract rent setting at this time. effect, waivers and alternative
number via TTY by calling the Federal
IV. No Rescreening of Tenants Upon Relay Service at 800–877–8339. requirements authorized by the statute,
Conversion Under the Second which does not prevent the
Component Dated: June 22, 2018. demonstration, as modified, from
Dominique Blom, proceeding immediately.
At conversion under the RAD Second
Component, current households cannot General Deputy Assistant Secretary for Public DATES: The RAD Supplemental Notice,
be excluded from occupancy at the and Indian Housing. PIH 2018–11/H 2018–05, other than
Covered Project (as defined in the RAD Brian Montgomery, those items listed as new statutory or
program notice) based on any Assistant Secretary for Housing, Federal regulatory waivers or alternative
rescreening, income eligibility, or Housing Commissioner. requirements specified in this notice, is
income targeting. With respect to effective July 3, 2018.
sradovich on DSK3GMQ082PROD with NOTICES
[FR Doc. 2018–14248 Filed 7–2–18; 8:45 am]
occupancy in the Covered Project, BILLING CODE 4210–67–P
The new statutory and regulatory
current households in the Converting waivers and alternative requirements
Project will be grandfathered for are effective July 13, 2018.
application of any eligibility criteria to ADDRESSES: Interested persons are
conditions that occurred prior to invited to submit questions or
conversion but will be subject to any comments electronically to rad@
ongoing eligibility requirements for hud.gov.
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![31170 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices
FOR FURTHER INFORMATION CONTACT: 4. Establishes that HUD will Housing Notice 2015–04, but the PHA
William A. Lavy, Director, Program disapprove a proposed conversion must ensure that the Utility Allowance
Administration Division, Office of where a PHA is using 24 CFR 970.17(b) is calculated correctly.
Recapitalization, Office of Multifamily or 970.17(c) to dispose of other units at
IV. Revised Program Notice
Programs, Department of Housing and a proposed project and HUD determines
Availability
Urban Development, 451 Seventh Street that the PHA’s use of both RAD and
SW, Room 6230, Washington, DC 20410; disposition under those sections The RAD Supplemental Notice (PIH
telephone 202–708–0614. (This is not a undermines the unit replacement 2018–11/H 2018–05) can be found on
toll-free number.) Individuals with requirements of the RAD program. RAD’s website, www.hud.gov/RAD.
speech or hearing impairments may 5. Creates a streamlined conversion
option for PHAs that have a very small V. Finding of No Significant Impact
access this number through TTY by
calling the toll-free Federal Relay public housing portfolio of 50 units or A Finding of No Significant Impact
Service at 1–800–877–8339. To assure a less that will not involve any (FONSI) with respect to the
timely response, HUD recommends that rehabilitation, new construction, or environment has been made in
requests for further information be relocation. accordance with HUD regulations in 24
submitted electronically to the email CFR part 50, which implemented
III. New Waivers and Alternative
address rad@hud.gov. section 102(2)(C) of the National
Requirements
Environmental Policy Act of 1969 (42
SUPPLEMENTARY INFORMATION: The RAD Statute provides that U.S.C. 4332(2)(C)). The FONSI is
I. Background waivers and alternative requirements available for public inspection during
authorized under the First Component regular business hours in the
RAD, authorized by the Consolidated must be published by notice in the
and Further Continuing Appropriations Regulations Division, Office of General
Federal Register no later than 10 days Counsel, Department of Housing and
Act, 2012 (Pub. L. 122–55, signed before the effective date of such notice.
November 18, 2011) (2012 Urban Development, 451 7th Street SW,
Under the Second Component of RAD, Room 10276, Washington, DC 20410–
Appropriations Act), allows for the HUD is authorized to waive or alter the
conversion of assistance under the 0500. Due to security measures at the
provisions of subparagraphs (C) and (D) HUD Headquarters building, please
public housing, Rent Supplement (Rent of section 8(o)(13) of the United States
Supp), Rental Assistance (RAP), schedule an appointment to review the
Housing Act of 1937 (42 U.S.C. 1437f) FONSI by calling the Regulations
Moderate Rehabilitation (Mod Rehab), (the 1937 Act).
and Mod Rehab Single Room Division at (202) 708–3055 (this is not
HUD has previously published its a toll-free number). Individuals with
Occupancy (SRO) programs waivers and alternative requirements for
(collectively, ‘‘covered programs’’) to speech or hearing impairments may
RAD, on July 26, 2012 (77 FR 43850), access this number via TTY by calling
long-term, renewable assistance under July 2, 2013 (78 FR 39759), June 26,
Section 8. The most recent version of the Federal Relay Service at (800) 877–
2015 (80 FR 36830), and January 19, 8339.
the RAD program notice is PIH 2012– 2017 (82 FR 6615). This notice only
32/Housing 2017–03, REV–3, located at includes waivers and alternative Dated: June 22, 2018.
https://www.hud.gov/sites/documents/ requirements not previously published Dominique Blom,
RAD_Notice_Rev3_Final.docx. or that have changed from previous General Deputy Assistant Secretary for Public
publications. Although waivers or and Indian Housing.
II. Key Changes
alternative requirements under the Brian Montgomery,
The following highlights key changes Second Component are not subject to a Assistant Secretary for Housing, Federal
to the RAD program that are included in Federal Register publication Housing Commissioner.
the Supplemental Program Notice: requirement, the new Second [FR Doc. 2018–14210 Filed 7–2–18; 8:45 am]
First Component (Public Housing Component waivers and alternative BILLING CODE 4210–67–P
Conversions) requirements are included in this notice
as a matter of convenience.
1. Expands the rent setting flexibility The new waiver and alternative
referred to as Rent Bundling in the DEPARTMENT OF THE INTERIOR
requirement is:
current RAD program notice PIH 2012– 1. PBV Site-Specific Utility Fish and Wildlife Service
32/Housing 2017–03 to permit PHAs to Allowances. Provisions affected: 24 CFR
rent bundle between RAD Project-Based 983.301(f)(2)(ii), 24 CFR 983.2(c)(6)(iii) [Docket No. FWS–R2–ES–2017–0105;
Voucher (PBV) and non-RAD PBV and 24 CFR 982.517; RAD FXES11140200000–189–FF02ENEH00]
projects. Under this provision, rents of Implementation Notice, Attachment 1C:
non-RAD PBV contracts are reduced by Environmental Impact Statement for
Calculation of HAP Contract Rents for
the equivalent increase to the RAD PBV the American Electric Power American
Conversions of Assistance from Public
initial contract rents. Burying-Beetle Habitat Conservation
Housing to PBRA or PBV. Waiver: HUD
Plan in Arkansas, Oklahoma, and
2. Permits PHAs to establish project- has determined that the specified
Texas
specific utility allowances for Covered sections of its regulations will not apply
Projects. When a RAD conversion to RAD conversions to Project Based AGENCY: Fish and Wildlife Service,
results in the reduction of one or more Vouchers (PBV). Alternative Interior.
utility components used to establish the requirements: The Utility Allowance
sradovich on DSK3GMQ082PROD with NOTICES
ACTION: Notice of availability: Notice of
utility allowance, HUD will permit the shall be calculated in the manner receipt of a permit application; and
RAD contract rent to be increased by a specified in Housing Notice H–2015–04 announcement of public meetings.
portion of the utility savings. (June 22, 2015) unless PIH promulgates
3. Provides alternative developer fee utility allowance guidance specific to SUMMARY: We, the U.S. Fish and
limits when a PHA adopts a waiting list the PBV program. The Project Owner Wildlife Service (FWS), announce the
preference for households exiting may carry out all activities of owners availability of the environmental impact
homelessness. and management agents associated with statement (EIS) and habitat conservation
VerDate Sep<11>2014 17:07 Jul 02, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1](https://thefederalregister.org/doc/83_FR_31297/page/2.svg)
Document Created: 2018-07-02 23:55:33
Document Modified: 2018-07-02 23:55:33
| 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 | The RAD Supplemental Notice, PIH 2018-11/H 2018-05, other than those items listed as new statutory or regulatory waivers or alternative requirements specified in this notice, is effective July 3, 2018. | |
| Contact | William A. Lavy, Director, Program Administration Division, Office of Recapitalization, Office of Multifamily Programs, Department of Housing and Urban Development, 451 Seventh Street SW, Room 6230, Washington, DC 20410; telephone 202-708- 0614. (This is not a toll-free number.) Individuals with speech or hearing impairments may access this number through TTY by calling the toll-free Federal Relay Service at 1-800-877-8339. To assure a timely response, HUD recommends that requests for further information be | |
| FR Citation | 83 FR 31169 |
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