Reports and guidance documents; availability, etc.: based assistance,
[Federal Register: April 6, 2001 (Volume 66, Number 67)]
[Notices]
[Page 18287-18294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap01-71]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4434-N-07]
Quality Housing and Work Responsibility Act of 1998; Notice of Status of Implementation
AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD.
ACTION: Notice.
SUMMARY: On October 21, 1998, the Quality Housing and Work Responsibility Act of 1998 (the ``Act'') was signed into law. This notice updates the public on HUD's overall implementation of the Act and identifies where existing implementation guidance may be found with respect to the provisions regarding public housing and tenant-based assistance.
FOR FURTHER INFORMATION CONTACT: Stephen I. Holmquist, Office of Policy, Program and Legislative Initiatives, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street, SW, Room 4116, Washington, DC, 20410; telephone (202) 708-0713 (this is not a toll-free number). Persons with hearing or speech impairments may access that number via TTY by calling the Federal Information Relay Service at (800) 877-8339. Program specialists for more specific HUD program areas are listed on the HUD web page at http://hudweb.hud.gov/offices.html.
SUPPLEMENTARY INFORMATION:
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Introduction
The Quality Housing and Work Responsibility Act of 1998 (Title V of Pub.L. 105-276, 112 Stat. 2518, approved October 21, 1998) (the ``Act''), was part of the Fiscal Year 1999 HUD Appropriations Act. The Act makes extensive amendments to the United States Housing Act of 1937 (the ``1937 Act''), which generally governs HUD's public housing and tenant-based Section 8 housing assistance programs. Certain provisions of the Act became effective immediately on enactment (October 21, 1998). Most provisions of the Act, however, became effective on October 1, 1999, although some provisions become effective on October 21, 1999 (one year from enactment) or on other dates specified in the Act.
On February 18, 1999 (64 FR 8192), HUD published a Notice of Initial Guidance on the Act to advise the public of those provisions that were effective immediately and of action that may or should be taken at that point. The February 18, 1999 Notice also provided guidance on certain other provisions in the Fiscal Year 1999 HUD Appropriations Act that affect the public housing and Section 8 programs. Since publication of the February 18, 1999 notice, HUD has published numerous other notices and proposed, interim, and final rules to implement the Act. On December 22, 1999 (64 FR 71799), HUD published comprehensive guidance on the status of implementation of the Act.
Since that time, HUD has published additional notices and rules to implement the Act. This notice, published in today's Federal Register, updates the public on HUD's overall implementation of the Act and identifies where existing implementation guidance may be found, with respect to the provisions regarding public housing and tenant-based assistance.
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Summary of Rulemakings Undertaken Under the Quality Hoiusing and Work Responsibility Act
In addition to the Notice of Initial Guidance, published on February 18, 1999, and the update to that Notice, published on April 30, 1999 (64 FR 23344), and the Status of Implementation Notice of December 22, 1999, the following rulemaking has occurred under the Act (Federal Register references are included in the following chart):
Final Rules
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Public Housing Agency Plans 2. Statutory Merger of the Section 8 Certificate and Voucher Programs (Housing Choice Voucher Program) 3. Renewals of Section 8 Tenant-Based Assistance Contracts 4. Revised Restrictions on Assistance to Noncitizens 5. Comprehensive Improvement Assistance(CIAP)Formula Allocation for Fiscal 1999 6. Public Housing Drug Elimination Program (PHDEP) Formula Allocation 7. Required Resident on the PHA Board of Commissioners or Similar Governing Body 8. Amendments to the Public Housing Assessment System (PHAS) 9. Allocation of Funds Under the Public Housing Capital Fund 10. Changes to Admissions, Rents and Occupancy Requirements in the Public Housing and Section 8 Programs 11. Pet Ownership in Public Housing 12. Direct Funding of Resident Management Corporations 13. Section 8 Homeownership Vouchers 14. Consortia of Public Housing Agencies and Joint Ventures 15. Rule to Deconcentrate Poverty and Promote Integration in Public Housing (amended PHA Plan) 16. Earned Income Disregard for Persons with Disabilities in Certain Programs
Interim Rule
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Allocation of Operating Subsidies under the Operating Fund Formula
[[Page 18288]]
Proposed Rules (Final Rule not yet published).
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Screening and Eviction for Drug Abuse and Other Criminal Activity 2. Required Conversion of Developments from Public Housing Stock 3. Voluntary Conversion of Developments from Public Housing Stock 4. Public Housing Homeownership Program 5. Total Development Costs 6. Allocation of Funds under the Public Housing Operating Fund
Proposed Rules Under Development (not yet published)
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Public Housing Capital Fund. This rule will establish regulatory provisions concerning the Public Housing Capital Fund other than the formula.
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Public Housing Mixed Finance. This rule will make a number of changes to the mixed finance regulations, including fully implementing section 539 of the Act.
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Public Housing Demolition/Disposition. This rule will implement more fully section 531 of the Act.
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Summary Chart of Status and Guidance
The following chart summarizes HUD's implementation, or guidance issued, to date on each section of the Act covered by this Notice. Where rulemaking is not yet completed the public should review the guidance in the December 22, 1999 Status of Implementation; Guidance Notice.
Implemented by February 18, 1999
Additional Statutory section
Notice of Initial
Proposed rule
Interim rule
Final rule
information Guidance
Sec. 503(c) Technical
...................... ...................... ..................... ..................... Report containing Recommendation.
proposals for technical and conforming legislative changes was submitted to the Congress on July 23, 1999. Sec. 503(d) List of obsolete
...................... ...................... ..................... ..................... The required Federal documents.
Register notice was published on October 1, 1999 (64 FR 53400). Sec. 505 Declaration of Policy and ...................... June 23, 1999 (64 FR ..................... October 21, 1999 (64 Rulemaking Public Housing Agency Organization.
33644).
FR 56870).
implemented the statutory requirement that the governing board of each PHA, with certain exceptions, contain at least one member who is directly assisted by the PHA. Sec. 506 Definitions.............. ...................... ...................... ..................... ..................... Statutory changes were incorporated in HUD rulemakings implementing the Public Housing Reform Act, as appropriate. Sec. 507 Minimum Rent............. Yes................... Part of Admissions and ..................... A/O final rule March Section 507 was Occupancy, April 30,
29, 2000 (64 FR
effective upon 1999 (64 FR 23459).
16692).
enactment. Sec. 508 Determination of Adjusted ...................... Part of Admissions and ..................... A/O final rule March Partial Income and Median Income.
Occupancy rulemaking.
29, 2000 (64 FR
implementation was 16692).
required by August 6, 1999 Notice of Guidance on Public Housing Rent Policies (64 FR 42956). Sec. 509 Family Self-Sufficiency Yes................... Part of Admissions and ..................... A/O final rule March ..................... Program.
Occupancy rulemaking.
29, 2000 (64 FR 16692). Sec. 510 Prohibition on Use of ...................... ...................... ..................... ..................... Self-implementing; no Funds.
rulemaking required. Sec. 511 Public Housing Agency ...................... April 17, 2000 (65 FR February 18, 1999 (64 October 21, 1999 (64 Additional guidance Plans.
20686).
FR 8170).
FR 56844).
provided in PIH Streamlining, August Notices 99-33 and 99- 14, 2000 (65 FR
51, 2000-43 and 2001- 49484). December 22, 4, including 2000, Amended Final required electronic Rule (65 FR 81214). template for February 5, 2001, submission of PHA Change in
Plans and simplified Applicability Date Small PHA Plan (66 FR 8897).
Update.
[[Page 18289]]
Sec. 512 Community Service and Yes, as to changes to Part of Admissions and ..................... A/O final rule March PIH Notice 2000-11, Family Self-Sufficiency
welfare-related
Occupancy rulemaking.
29, 2000 (64 FR
published on May 9, Requirements.
program requirements
16692).
2000, provides a (see amended
model cooperative subsection 12(d) of
agreement that PHAs the 1937 Act).
can use with welfare and other agencies to target supportive services and share needed information. Sec. 513 Income Targeting for Yes................... Part of Admissions and Part of PHA Plan A/O Final Rule March Public Housing and Tenant-Based
Occupancy rulemaking. rulemaking, with 29, 2000 (65 FR Section 8 Assistance.
regard to
16692). deconcentration (see section 511). Part of Section 8 Part of PHA Plan Merger Interim rule rulemaking, with with regard to
regard to Section 8 vouchers. deconcentration (see The interim rule was section 511). published on May 14, Final Section 8 1999 (64 FR 26632) Merger rule (see section 545). published on October 21, 1999 (64 FR 56894) (see section 545). Sec. 514 Repeal of Federal
Yes................... Part of Admissions and Part of Section 8 A/O Final Rule March preferences.
Occupancy rulemaking Merger rulemaking 29, 2000 (65 FR (for public housing (for Section 8
16692). and Section 8 project tenant-based
Part of Section 8 based assistance). vouchers) (See
Merger rulemaking section 545).
(See section 545).. Sec. 515 Joint Ventures and
...................... September 14, 1999 (64 ..................... Nov. 29, 2000 (65 FR For guidance prior to Consortia of PHAs.
FR 49940).
71204).
implementation of final rule see PIH Notice 2000-43. Sec. 516 Public Housing Agency ...................... In development, in Mortgages and Security Interests.
conjunction with capital fund program (non-formula) rulemaking (see section 519). Sec. 517 Mental Health Action Plan ...................... ...................... ..................... ..................... Development of action plan and compliance with other statutory requirements is in progress. Sec. 518 Local Notification....... ...................... ...................... ..................... ..................... No rulemaking necessary, but additional elaboration may be provided in Capital Fund program (non- formula) rulemaking (see section 519). Sec. 519
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Capital Fund formula........ ...................... September 14, 1999 (64 ..................... March 16, 2000 (65 FR FR 49924).
14422) and May 2, 2000 Amendment (65 FR 25445).
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Capital Fund program (non- ...................... In development........ formula). Sec. 519 Operating Fund........... Yes (transition
Negotiated rule
March 29, 2001 (66 FR ..................... Nonrental income provisions).
published on July 10, 17276).
provision was 2000 (65 FR 42488).
implemented for FY 2000 by PIH Notice 2000-4. Sec. 519 Other Provisions......... Yes................... Sec. 520 Total Development Cost... ...................... January 4, 2001 (65 FR ..................... ..................... Guidance also 1008).
provided in PIH Notice 99-17.
[[Page 18290]]
Sec. 521 Sanctions for Improper ...................... ...................... ..................... ..................... No rulemaking Use of Amounts.
required; HUD will cross-reference this sanction authority in its program regulations, as appropriate. Sec. 522 Repeal of Modernization ...................... ...................... ..................... Capital fund formula Guidance provided in Fund.
final rule covers the March 23, 1999 some aspects. (See HUD-CPD memorandum Section 519).
on the ``Impacts of the 1999 Appropriations Act on HOME and SHOP'' and the March 25, 1999 clarifying memorandum on the same subject. Sec. 523 Family Choice of Rental Discussed but not Part of Admissions and ..................... A/O Final Rule March Implementation Payment.
implemented.
Occupancy rulemaking.
29, 2000 (65 FR
required by the 16692).
August 6, 1999 Notice of Guidance on Public Housing Rent Policies. Sec. 524 Occupancy by Police
Yes................... Part of Admissions and ..................... A/O Final Rule March Officers and Over-Income Families.
Occupancy rulemaking.
29, 2000 (65 FR 16692). Sec. 525 Site-Based Waiting Lists. ...................... ...................... Part of PHA Plan Part of PHA Plan rulemaking (see
rulemaking (see section 511).
section 511). Sec. 526 Pet Ownership............ ...................... June 23, 1999 (64 FR ..................... July 10, 2000 (65 FR 33640).
42518). Sec. 529 Contract Provisions...... ...................... ...................... ..................... ..................... No rulemaking required; to be implemented through amendments to Annual Contributions Contracts (ACCs). Sec. 530 Housing Quality
Yes................... ...................... ..................... ..................... No rulemaking Requirements.
required; to be implemented through ACC amendments. Sec. 531 Demolition and
Yes................... In development........ Part of PHA Plan Part of the PHA Plan Additional guidance Disposition of Public Housing.
rulemaking (see
rulemaking (see
provided in PIH section 511).
section 511).
Notice 99-19. Sec. 532 Resident Councils and ...................... October 21, 1999 (64 ..................... Final rule for Resident Management Corporations.
FR 56890) (provides
October 21, 1999 for the direct
proposed rule. July funding of RMCs);
10, 2000 (65 FR more comprehensive
42512). proposed rule in development. Sec. 533 Voluntary Conversion of ...................... July 23, 1999 (64 FR ..................... In development....... Public Housing to Vouchers.
40240). Sec. 534 Transfer of Management of ...................... ...................... ..................... ..................... Rulemaking is not Certain Housing.
required, but may be included as part of resident participation rulemaking (Part 964). Sec. 535 Demolition, Site
...................... ...................... ..................... ..................... Implemented by the Revitalization, Replacement
annual notices of Housing, and Tenant-Based
fund availability Assistance Grants for Projects
(NOFAs) for the HOPE (HOPE VI).
VI program beginning 1999 with the FY NOFA. Sec. 536 Public Housing
...................... September 14, 1999 (64 ..................... In development....... Homeownership.
FR 49932). Sec. 537 Required Conversion of ...................... July 23, 1999 (64 FR ..................... In development....... Public Housing to Vouchers.
40232).
[[Page 18291]]
Sec. 538 Linking Services to
...................... ...................... ..................... ..................... Implemented through Public Housing Residents.
FY 1999 and FY 2000 NOFAs on the Resident Opportunities and Self-Sufficiency (ROSS) program; and HUD may undertake rulemaking in FY 2001. Sec. 539 Mixed-Finance Public ...................... In development........ Housing. Sec. 545 Merger of Certificate and ...................... ...................... May 14, 1999 (64 FR October 21, 1999 (64 A notice to implement Voucher Programs.
26632)..
FR 56894). An
FY 2001 July 10, 2000,
amendment to the Appropriations Act Expansion of Payment final rule was
Project-Based Standard Protection published on
Assistance (65 FR 42508).
November 3, 1999 (64 amendments was FR 59620).
published January 16, 2001. (66 FR 3605). ...................... ...................... October 2, 2000, January 19, 2001 (66 Among other Increased Fair
FR 6218),
provisions, this Market Rents and Determining Adjusted rule applies the Higher Payment
Income in HUD
mandatory earned Standards (65 FR Programs Serving income disregard for 58890).
Persons with
rent calculation Disabilities:
purposes to persons Requiring Mandatory with disabilities in Deductions for
the voucher program. Certain Expenses; and Disallowance for Earned Income, effective April 20, 2001. Sec. 546 Public Housing Agencies.. ...................... ...................... Part Section 8 merger Part of Section 8 rulemaking (see
merger rulemaking section 545).
(see section 545).. Sec. 547 Administrative fee....... Yes................... ...................... ..................... ..................... Initial guidance has been supplemented by annual notices. (PIH 2000-28). Sec. 548 Law Enforcement and
Yes................... Part of Admissions and ..................... A/O Final Rule March Security Personnel in Assisted
Occupancy rulemaking.
29, 2000 (65 FR Housing.
16692).. Sec. 549 Advance Notice to Tenants Yes................... ...................... Part of Section 8 ..................... Additional guidance of Expiration, Termination, or
merger rulemaking
provided in PIH Owner Nonrenewal of Assistance
(see section 545).
Notice 98-64. Contracts. Sec. 550 Technical and Conforming ...................... ...................... ..................... ..................... No rulemaking Amendments.
necessary or anticipated. Sec. 551 Funding and Allocation... Yes................... Sec. 553 Portability.............. ...................... ...................... Part of Section 8 Part of Section 8 merger rulemaking merger rulemaking (see section 545). (see section 545).. Sec. 554 Leasing to Voucher
Yes................... ...................... Part of Section 8 Part of Section 8 Holders.
merger rulemaking merger rulemaking (see section 545). (see section 545).. Sec. 555 Homeownership Option...... ...................... April 30, 1999 (64 FR ..................... September 12, 2000 15 demonstration 23488).
(65 FR 55134).
programs were approved under the proposed rule.
[[Page 18292]]
Rules are now in development to implement provisions of the American Homeownership and Economic Opportunity Act of 2000, which authorize downpayment assistance and a pilot homeownership assistance program for disabled families. Sec. 556 Renewals.................. ...................... ...................... ..................... Negotiated final rule Consistent with published on October statutory 21, 1999 (64 FR
requirement, the 56894).
October 21, 1999 final rule was preceded by an implementing PIH Notice (98-65). For the convenience of the public, the PIH notice was also published in the Federal Register on February 18, 1999 (64 FR 8188). In addition, related material is contained in Tenant- Based Section 8 Program; Procedures for Determining Baseline Unit Allocations, Accessing, Using, Restoration of and Recapture of Program Reserves and Transfers of Baseline Unit Allocations, April 19, 2000 (65 FR21088). Sec. 557 Manufactured Housing ...................... ...................... ..................... ..................... Implemented by letter Demonstration Program.
to the participating housing authorities. Sec. 559 Rulemaking and
...................... ...................... Part of Section 8 Part of Section 8 Implementation.
merger rulemaking merger rulemaking (see section 545). (see section 545).. Sec. 561 Home Rule Flexible Grant Yes................... ...................... ..................... ..................... Implementation method Demonstration.
was reiterated in the Status of Implementation Notice in December 22, 1999 (64 FR 71799). Sec. 563 Performance Evaluation ...................... ...................... ..................... ..................... The study is Study.
complete. Sec. 564 Public Housing Management ...................... June 22, 1999 (64 FR ..................... January 11, 2000 PHAS Partial Assessment Program.
33348).
Amendments (64 FR implementation 1712). June 6, 2000 (regarding Technical
independent Corrections (65 FR assessment of small 36042).
troubled PHAs) provided in the April 30, 1999 Initial Implementation Guidance Update Notice (64 FR 23344). Further details were also provided in a Federal Register notice published on October 21, 1999 (64 FR 33348) and subsequent notices. Sec. 565 Expansion of Powers for Yes................... Part of the PHAS
..................... PHAS Final Rule Dealing with Public Housing
rulemaking (see
(referenced in Agencies in Substantial Default.
section 564).
preceding section).. Sec. 566 Audits................... ...................... ...................... ..................... ..................... To be implemented through ACC amendment. Sec. 567 Advisory Council for ...................... ...................... ..................... ..................... Advisory Council has Housing Authority of New Orleans.
been appointed. No rulemaking is necessary or anticipated.
[[Page 18293]]
Sec. 568 Troubled PHAs and
...................... ...................... ..................... ..................... Effective on October Consolidated Plans.
1, 1999. In addition, and will be implemented through rulemaking on Consolidated Plans. S Sec. 575 Provisions Applicable Yes (the provision The remaining Only to Public Housing and Section regarding obtaining provisions are part 8 Assistance.
information from drug of the Screening and abuse treatment
Eviction for Drug facilities).
Abuse and Other Criminal Activity rulemaking (64 FR 40262, July 23, 1999). Sec. 576 Screening of Applicants ...................... Part of the Screening for Federally Assisted Housing.
and Eviction-Related rulemaking. Sec. 577 Termination of Tenancy ...................... Part of the Screening and Assistance.
and Eviction-Related rulemaking. Sec. 578 Ineligibility of
...................... Part of the Screening Dangerous Sex Offenders for Public
and Eviction-Related Housing.
rulemaking. Sec. 579 Definitions.............. ...................... Part of the Screening
These definitions are and Eviction-Related
applicable to the rulemaking.
requirements described in sections 575-578. Sec. 581 Annual Report............ ...................... ...................... ..................... ..................... The first and second annual reports have been submitted to the Congress as required. Sec. 582 Repeals.................. ...................... ...................... ..................... ..................... Effective on October 1, 1999. No rulemaking is necessary or anticipated. Sec. 583 Consolidated Plans....... ...................... ...................... ..................... ..................... Effective on October 1, 1999. Has been implemented through notices. Sec. 584 Use of American Products. Yes................... Sec. 585 GAO Study on Housing ...................... ...................... ..................... ..................... The study required by Assistance Programs.
this section is under way. Sec. 586 Drug Elimination Program. ...................... May 12, 1999 (64 FR ..................... September 14, 1999 Proposed rule was 25736).
(64 FR 49900).
preceded by Advance Notice of Proposed Rulemaking published on February 18, 1999 (64 FR 8210). Sec. 587 Report on Drug
...................... ...................... ..................... ..................... Report was submitted Elimination Contracts.
to Congress as required. Sec. 589 Notice on Treatment of ...................... ...................... ..................... ..................... Required Federal Occupancy Standards.
Register notice published on December 18, 1998 (63 FR 70256). No further regulation is necessary. Sec. 592 Use of Assisted Housing ...................... ...................... ..................... May 12, 1999 (64 FR by Aliens.
25726). Sec. 595 Native American Housing ...................... ...................... ..................... ..................... Implemented by Assistance.
notice. No rulemaking is necessary or anticipated. Sec. 596 Community Development ...................... ...................... ..................... ..................... No rulemaking is Block Grant Public Services Cap.
necessary or anticipated.
[[Page 18294]]
Sec. 597 Moderate Rehabilitation Yes................... ...................... ..................... ..................... Additional guidance Terms for Contract Renewals.
provided in PIH Notice 98-62. No rulemaking is necessary or anticipated. Sec. 599 Tenant participation..... ...................... June 17, 1999 (64 FR ..................... June 7, 2000 (65 FR Further rulemaking 32782).
36272).
regarding enhanced vouchers is expected in 2001. Sec. 599H Miscellaneous........... ...................... ...................... ..................... ..................... No rulemaking is necessary or anticipated.
Conclusion
HUD is continuing to work expeditiously and closely with its public housing and section 8 partners to complete the effective implementation of the Act.
Dated: March 30, 2001. Gloria Cousar, Acting General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 01-8525Filed4-5-01; 8:45 am]
BILLING CODE 4210-33-P
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