Home > 1994 Unified Agenda > ua14no94 DEPARTMENT OF THE INTERIOR (DOI)...

ua14no94 DEPARTMENT OF THE INTERIOR (DOI)...


Google
 
Web GovRecords.org


Anticipated Costs and Benefits:





Costs: HUD estimates that the direct cost to the Federal Government 
will be about $500,000 per year to pay for inquiries to the INS save 
system. Some PHAs may incur additional costs for secondary 
verifications, hearings and evictions.


Benefits: The benefits are mostly in terms of compliance with the law. 
It costs no more to serve an ineligible noncitizen in assisted housing 
than it does an ``eligible'' tenant. The main effect of the rule will 
be a redistribution of housing subsidy transfer payments from 
ineligible noncitizens to eligible tenants.


Risks:


A consequence of not implementing section 214 through rulemaking would 
be that ineligible noncitizens would continue to receive assistance 
ahead of eligible families. There is a risk of protracted litigation.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            53 FR 41038                                    10/19/88
NPRM Comment Per53 FR 41038                                    12/19/88
NPRM            59 FR 43900                                    08/25/94
NPRM Comment Period End                                        10/24/94
Final Action                                                   12/00/94
Small Entities Affected:


None


Government Levels Affected:


State, Local, Tribal, Federal


Additional Information:


ADDITIONAL AGENCY CONTACT: Barbara Hunter, Acting Director, Planning & 
Procedures (Phone: 202-708-3944)


Agency Contact:
Edward Whipple
Director, Rental & Occupancy Branch
Department of Housing and Urban Development
Office of Public and Indian Housing
202 708-0744
RIN: 2501-AA63
_______________________________________________________________________
HUD--Office of Housing (OH)
            ___________________________________________________________
FINAL RULE STAGE
            ___________________________________________________________
69. <bullet> MULTIFAMILY PROPERTY DISPOSITION (FR-3715)
Legal Authority:


 PL 102-233


CFR Citation:


 24 CFR 290; 24 CFR 886


Legal Deadline:


 Other, Statutory.


July 11,1994


Abstract:


The rule amends HUD's multifamily property disposition regulations at 
24 CFR 290 and 886, subpart C, to incorporate statutory amendments 
arising from the Multifamily Property Disposition Reform Act of 1994 
affecting the foreclosure of projects with HUD-held multifamily 
mortgages, the disposition of HUD-owned multifamily properties, and the 
management of HUD-owned multifamily properties and multifamily 
properties with HUD-held mortgages where the Secretary of HUD is 
mortgagee-in-possession.


The new regulations use an innovative user-friendly question and answer 
format, as well as several charts to explain the more complicated 
sections.


Statement of Need:


The regulations at 24 CFR 290 must be conformed to changes enacted in 
Sections 101(b) - (d) of the Multifamily Property Disposition Reform 
Act of 1994 (MPDRA) (Pub. L. 102-233, approved April 11, 1994). The 
legislation was passed in an urgent attempt to speed HUD's sales of 
HUD-owned projects and foreclosure of HUD-held mortgages; to better 
target, and thus potentially reduce, the need for Section 8 assistance 
required by the prior statute; and to provide HUD with more discretion 
in the operation of the multifamily property disposition program. 
Conforming changes must be made to the regulations at 24 CFR 886 
subpart C, which govern section 8 assistance for the disposition of 
multifamily projects.


Summary of the Legal Basis:


MPDRA section 101(f) requires HUD to issue interim regulations 
necessary to implement Section 101(b) - (d) 90 days after enactment 
and, following public comment, a final rule not later than 12 months 
after the issuance of the interim regulations.


Alternatives:


Rather than follow the usual format for a regulation, this regulation 
makes use of tables that lay out--in a more simplified and user-
friendly manner--the complex provisions of the regulation, and then 
provides additional detail to flesh out the information in the tables 
with a question and answer format.


Anticipated Costs and Benefits:


Costs: Because the revised regulations amend existing regulations to 
streamline and speed the process of property disposition, and should 
result in few or no additional monitoring or reporting burdens, 
additional costs to HUD are negligible. Benefits: The 1994 Act, and 
subsequently the revised 290 regulations, are intended to speed 
foreclosure sales of projects with HUD-held mortgages and sales of HUD-
owned projects, and also reduce the need to provide Section 8 rent 
subsidies in those sales. Both actions should significantly reduce 
government costs and transfer payments by reducing the cost involved in 
HUD ownership and the amount of longer term Section 8 subsidies.


Risks:


The lack of a regulation implementing the 1994 Act may result in 
increased government holding costs and unnecessary expenditures of 
Section 8 funds.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
Interim Final Rule                                             10/00/94
Small Entities Affected:


None


Government Levels Affected:


None


Agency Contact:
Frank Malone
Director, Office of Preservation & Property Disposition
Department of Housing and Urban Development
Office of Housing
202 708-3555
RIN: 2502-AG30
_______________________________________________________________________
HUD--OH
70. PREFERENCE FOR ELDERLY FAMILIES IN CERTAIN SECTION 8 HOUSING; AND 
RESERVATION OF UNITS FOR DISABLED FAMILIES (FR-3465)
Legal Authority:


 42 USC 3535(d); 42 USC 13604 to 13614; 42 USC 1437


CFR Citation:


 24 CFR 886; 24 CFR 880; 24 CFR 881; 24 CFR 883; 24 CFR 884


Legal Deadline:


 Final, Statutory, April 28, 1993.


Abstract:


Subtitle D of title VI of the Housing and Community Development Act of 
1992 (HCD Act of 1992) allows an owner of a covered Section 8 housing 
project to elect to provide preferences to elderly families in 
selecting tenants for available units in the project, subject to 
certain statutory requirements. (The 1992 Act defines elderly families 
to mean families whose heads, spouses or sole members are persons 62 
years of age or older (``seniors'').) An owner of a covered Section 8 
project who elects to provide preferences to elderly families also must 
reserve a percentage of units, not to be less than the percentage 
determined according to a formula set out in the statute, for disabled 
families who are not elderly or near-elderly. Subtitle D provides that 
a covered Section 8 housing project is one that is originally designed 
primarily for occupancy by seniors.


On May 3, l994, HUD published an interim rule that amended HUD's 
Section 8 regulations to provide for the system of occupancy 
preferences authorized by subtitle D. The interim rule adopts the 
statutory requirements without change. The rule supplements the 
statutory provisions by including a provision that describes the types 
of documents that an owner of a covered Section 8 project should 
produce to support a claim that the owner's project was originally 
designed primarily for occupancy by elderly families.


Development of the final rule will have the benefit of insights that 
will be gained at one or more informal consumer forums where staff from 
HUD's Multifamily Division will meet with residents of HUD-assisted 
housing who represent both elderly persons and nonelderly persons with 
disabilities. These forums will be held in early fall 1994.


Statement of Need:


The rule is needed to update HUD's Section 8 regulations to reflect the 
system of occupancy preferences authorized by subtitle D of the HCD Act 
of 1992, and to provide owners with examples of the types of documents 
that would support a claim that a Section 8 project was originally 
designed primarily for occupancy by elderly families.


Summary of the Legal Basis:


Section 686 of the HCD Act of 1992 authorizes the Secretary of HUD to 
issue such regulations as may be necessary to carry out the provisions 
of subtitles B through F of title VI of the HCD Act of 1992.


Alternatives:


Because of the controversial nature of permitting certain HUD-assisted 
assisted housing to give seniors a preference in occupancy, HUD 
determined that publication of a rule that invited public comment was 
necessary. The occupancy preference for elderly families authorized by 
subtitle D is anticipated to reduce, to some extent, housing for 
nonelderly persons with disabilities, which is of concern to persons 
with disabilities. Before enactment of the HCD Act of 1992, the 
definition of ``elderly persons'' in the Section 8 statute included 
persons with disabilities, regardless of age. The HCD Act of 1992 (1) 
amended the definition of ``elderly persons'' to have this term refer 
only to persons who are 62 years of age or older (``seniors''), and (2) 
provided a separate definition for persons with disabilities. Although 
the May 3, 1994, interim rule carefully follows the provisions of 
subtitle D, which are fairly prescriptive, the May 3, 1994, interim 
rule serves the purpose of assisting the public to more clearly 
identify the Section 8 projects that are eligible under subtitle D for 
the election of occupancy preference provided by that subtitle. Many 
projects that have Section 8 assistance are not ``covered'' Section 8 
housing and are not eligible, under subtitle D, for the election of 
preference for elderly families. Additionally, the May 3, 1994, interim 
rule serves the purpose of describing the types of documents that 
owners of covered projects should produce to support a claim that their 
projects were originally designed primarily for occupancy by seniors, 
and public comment may identify additional documents that should be 
considered and included in the rule.


Anticipated Costs and Benefits:


Pages: << Prev 1 2 3 4 5 6 7 8 9 10 Next >>

Other Popular 1994 Unified Agenda Documents:

1 ua25ap94 225. EMERGENCY COMMUNITY WATER ASSISTANCE GRANTS...
2 ua25ap94 National Foundation on the Arts and the Humanities...
3 ua25ap94 3668. FREEDOM OF INFORMATION ACT REGULATIONS...
4 ua14no94 DEPARTMENT OF VETERANS AFFAIRS (VA)...
5 ua14no94 SMALL BUSINESS ADMINISTRATION (SBA)...
6 ua25ap94 Environmental Protection Agency...
7 ua14no94 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE...
8 ua25ap94 4527. SMALL BUSINESS SIZE STANDARDS; FIXED SIZE STANDARD LEVELS...
9 ua25ap94 4664. FEDERAL AGRICULTURAL MORTGAGE CORPORATION...
10 ua25ap94 3614. CONTINUOUS COHABITATION...
11 ua14no94 DEPARTMENT OF THE INTERIOR (DOI)...
12 ua14no94 Financial Management Service (FMS)...
13 ua25ap94 2140. OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION FORMULA...
14 ua25ap94 2207. CIVIL PENALTIES UNDER ERISA SECTION 502(L)...
15 ua14no94 NATIONAL CREDIT UNION ADMINISTRATION...
16 ua14no94 DEPARTMENT OF THE TREASURY (TREAS)...
17 ua14no94 FEDERAL EMERGENCY MANAGEMENT AGENCY...
18 ua14no94 Office of the Secretary (HUDSEC)...
19 ua25ap94 4906. EXCERPTS FROM THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL...
20 ua14no94 CONSUMER PRODUCT SAFETY COMMISSION (CPSC)...
21 ua14no94 NUCLEAR REGULATORY COMMISSION...
22 ua25ap94 4137. DISASTER ASSISTANCE--COASTAL BARRIER RESOURCES ACT...
23 ua14no94 DEPARTMENT OF EDUCATION (ED)...
24 ua14no94 DEPARTMENT OF AGRICULTURE...
25 ua14no94 OFFICE OF PERSONNEL MANAGEMENT...
26 ua14no94 AGENCY FOR INTERNATIONAL DEVELOPMENT (AID)...
27 ua14no94 DEPARTMENT OF JUSTICE (DOJ)...
28 ua25ap94 Department of Transportation...
29 ua14no94 General Administration (ADMIN)...
30 ua14no94 DEPARTMENT OF ENERGY (DOE)...


Other Documents:

1994 Unified Agenda Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy