[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Rules and Regulations]
[Pages 13339-13340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6942]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 92, and 908
[Docket No. FR-4998-F-04]
RIN 2501-AD16
Refinement of Income and Rent Determination Requirements in
Public and Assisted Housing Programs: Delay of Effective Date
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule; Delay of effective date.
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SUMMARY: HUD is delaying the effective date of the rule entitled
``Refinement of Income and Rent Determination Requirements in Public
and Assisted Housing Programs'' published in the Federal Register on
January 27, 2009. The rule, which was originally scheduled to become
effective on March 30, 2009, will become effective on September 30,
2009. Today's action follows publication of HUD's February 11, 2009,
Federal Register notice seeking public comment on whether delay in the
effective date of the January 27, 2009, final rule, would be beneficial
in further consideration of the rule's policies. This action is being
taken in accordance with the memorandum of January 20, 2009, from the
assistant to the President and Chief of Staff, entitled ``Regulatory
Review.''
DATES: Effective Date: The effective date of the final rule, which was
published on January 27, 2009 (74 FR 4832) is delayed until September
30, 2009.
FOR FURTHER INFORMATION CONTACT: For Office of Public and Indian
Housing programs, contact Nicole Faison, Director of the Office of
Public Housing Programs, Department of Housing and Urban Development,
451 7th Street, SW., Room 4226, Washington, DC 20410, telephone number
202-708-0744. For Office of Housing Programs, contact Gail Williamson,
Director of the Housing Assistance Policy Division, Department of
Housing and Urban Development, 451 7th Street, SW., Room 6138,
Washington, DC 20410, telephone number 202-402-2473. (These are not
toll-free numbers.) Persons with hearing or speech impairments may
access these numbers through TTY by calling the toll-free Federal
Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On January 27, 2009 (74 FR 4832), HUD published a final rule,
entitled ``Refinement of Income and Rent Determination Requirements in
Public and Assisted Housing Programs.'' The January 27, 2009, final
rule revises HUD's public and assisted housing program regulations to
implement the upfront income verification process for program
participants and to require the use of HUD's Enterprise Income
Verification (EIV) system by public housing agencies and owners and
management agents. The final rule was originally scheduled to become
effective on March 30, 2009, but provided multifamily housing owners
and management agents with an additional six months (until September
30, 2009) to implement use of the EIV.
On February 11, 2009 (74 FR 6839), HUD published a notice in the
Federal Register seeking public comment on whether delay in the
effective date of the January 27, 2009, final rule, would be beneficial
to further consider the rule's policies before they become effective.
The notice was issued in accordance with the memorandum of January 20,
2009, from the assistant to the President and Chief of Staff, entitled
``Regulatory Review'' and subsequently published in the Federal
Register on January 26, 2009 (74 FR 4435). The notice explained that
HUD was considering a temporary 60-day delay in the effective date to
allow HUD officials the opportunity for further review and
consideration of new regulations, consistent with the Chief of Staff
memorandum of January 20, 2009.
In addition to seeking public comment, in the February 11, 2009,
notice HUD took the opportunity to address questions received
subsequent to publication of the January 27, 2009, final rule
pertaining to the provisions requiring the use of social security
numbers for determining program eligibility. The February 11, 2009,
notice clarified that these requirements are not intended to apply to
individuals, in mixed families, who do not contend
[[Page 13340]]
eligible immigration status under HUD's noncitizens regulations, nor do
they interfere with existing requirements relative to proration of
assistance or screening for such families, or authorize their eviction
or denial of admission on the basis of the new requirements pertaining
to obtaining social security numbers.
The February 11, 2009, notice solicited comments specifically on a
delayed effective date, but also generally on the January 27, 2009
final rule. HUD received approximately 50 comments in response to the
February 11, 2009, notice. The majority of comments were supportive of
a delayed effective date. The majority of the commenters also raised
additional questions and comments about various aspects of the January
27, 2009, final rule.
II. This Final Rule
Through this final rule, HUD delays the effective date of the
January 27, 2009, final rule until September 30, 2009. A delay until
September 30, 2009 will provide HUD with additional time to review the
public comments received in response to the February 11, 2009, notice,
respond to those comments in a subsequent publication, and consider
whether additional regulations or changes to the regulations in the
January 27, 2009, final rule are necessary or appropriate. Since
September 30, 2009, is the date in the January 27, 2009, final rule for
multifamily housing owners and management agents to implement the use
of EIV, the Department has determined not to provide additional delay
in implementation in the use of EIV for multifamily housing owners and
management agents as provided in the January 27, 2009, final rule. The
implementation date for public housing agencies, multifamily housing
owners, and management agents will now all be the same as the new
effective date, September 30, 2009. Should HUD determine that
additional rulemaking is necessary or appropriate, HUD will provide the
public with the opportunity to comment on any proposed changes to the
regulations in the January 27, 2009, final rule.
Dated: March 24, 2009.
Paula O. Blunt,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. E9-6942 Filed 3-26-09; 8:45 am]
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