National Housing Law Project Housing Law Bulletin

Last fall, Congress passed the most extensive revisions to the public housing and certificate and voucher programs in two decades./1/ Now HUD has begun the process of translating those statutory changes into new regulations and other guidance to make them have some real impact. The major developments are the publication of the Interim Rules on Public Housing Agency Plans and a Notice of Initial Guidance on the new act./2/ This article will describe those two Federal Register publications.

In the October/November issue of the Bulletin, we presented an extensive description of the major changes made by the new legislation./3/ This article will generally use the same organization adopted for that article, but will not repeat the detailed description of the changes made by the act. For that description, the reader will have to go back to the October/November issue. Here we will explain what HUD has done to implement the statutory changes that were previously described.

The new act permanently repealed all the statutes/4/ that created federal preferences for public housing, certificates and vouchers, Section 8 project-based assistance and Rent Supplement projects./5/ In their place, it authorizes PHAs to establish local preferences for public housing and for tenant-based assistance. Those local preferences must be included in the PHA’s plan when it is developed.

The Initial Guidance informs the PHAs and project-based Section 8 landlords that the federal preferences have been repealed and notifies them of their authority to establish local preferences. It takes the position that PHAs may retain any existing local preferences for the interim before they submit their new plans, but also directs PHAs to promptly make any changes to their admissions policies, including preferences, that are needed to meet the new requirements on targeting and on deconcentration of poverty in public housing. For the period before a PHA submits its first PHA plan -- which for some PHAs will be as late as July 15, 2000 -- HUD is allowing PHAs to develop their own local preferences "subject to the usual procedures" and in the manner authorized before enactment of the new act./6/ Although that is somewhat ambiguous, it is intended to refer to the requirements in the recent appropriations acts that preferences be established after notice and an opportunity for public comment and that they not be inconsistent with the local Consolidated Plan./7/ The Initial Guidance also encourages PHAs to establish preferences for victims of domestic violence./8/

In addition to permanently repealing the regular federal preferences, the act also deletes the statutory provision that had granted single individuals who are elderly, disabled or involuntarily displaced a preference over other single individuals./9/ The Initial Guidance indicates that that preference has been removed from the federal legislation but informs the PHAs that they have the option to retain it as part of their local preferences. Beyond these procedural requirements, the Initial Guidance also reminds PHAs that other HUD regulations on preferences continue to apply./10/ It also explains that PHAs may keep one or more of the federal preferences if they wish./11/

The Interim PHA Plan Rule is less detailed on the federal and local preferences. It indicates that the plan must describe the PHA’s admission preferences for public housing and vouchers and the procedures for maintaining public housing waiting lists. The rule also implies that the public housing deconcentration policy may include use of preferences./12/ The Introductory Comments to those regulations indicate that any admissions policies that have already been submitted to HUD and approved need not be submitted again as part of the PHA plan. If they are not included in the plan, however, they must be identified and, presumably, their location must be disclosed./13/ The Introductory Comments also confirm that preferences may be adopted as part of the PHA’s public housing deconcentration policy./14/

Repeal of the federal preferences also eliminated the retention preference provision that allowed Section 8 applicants to retain their place on the Section 8 waiting list if they accepted a public housing unit in the interim./15/ The Initial Guidance indicates that that retention preference has been repealed, but also confirms that PHAs are still prohibited from discriminating against residents of public housing when establishing preferences for Section 8 assistance./16/ Thus, in establishing any new preferences for vouchers or the remaining certificates, PHAs will have to treat public housing residents equally with other applicants.

B. Targeting Units for Applicants with Incomes Beneath 30 Percent of Median

The new act adopted income targeting as a way to guarantee poor people some share of federal housing assistance. In summary, it requires that 75 percent of all newly assisted certificate and voucher participants and 40 percent of all new public housing and project-based Section 8 households have incomes at or beneath 30 percent of the area median income (AMI) for their household size. HUD has published the 30-percent-of-AMI figures on its Website. It has not adjusted them downwards for very high-income areas like Connecticut and San Francisco./17/

The Initial Guidance states that these targeting requirements are effective immediately, and that PHAs should take action to adjust their admissions policies promptly to bring them into compliance./18/ HUD is allowing PHAs to calculate their compliance with the targets on a fiscal year basis. For the first fiscal year, the PHAs are allowed either to calculate their compliance from April 1, 1999, to the end of their current fiscal year or to calculate it for that period plus the full fiscal year thereafter./19/ In doing the calculations for the certificate and voucher programs, HUD will allow PHAs to ask HUD for approval to disregard any families who are given special vouchers because the owners of their project-based Section 8 projects are opting out of the program, their former landlords are prepaying their mortgages or they are being displaced from a public housing project slated for demolition or disposition./20/

The Initial Guidance briefly explains how fungibility works. Fungibility grants PHAs the power to serve more very poor people in the Section 8 program and thus to reduce the number of very poor people they have to admit to public housing. Unfortunately, the Initial Guidance incorrectly stated one of the limits on the use of fungibility. The statute indicates that PHAs may use the fungibility power only if applicants with incomes above 30 percent of AMI have moved into public housing developments in high-poverty areas. The Initial Guidance mistakenly states that people with incomes beneath 30 percent of AMI must have moved into such developments./21/

The statute is somewhat more complex on the project-based Section 8 programs, which have a 40-percent below the 30-percent-of-AMI target, but they also have an anti-skipping provision. The Initial Guidance explains that the anti-skipping provision in the current regulations is still applicable./22/ It also notes that Section 8 project owners may use preferences for employed people, but those preferences are subject to the anti-skipping requirement. It also directs owners to comply with the targets now.

The Interim PHA Plan Rule contains very little on targeting. The Introductory Comments do explain that, because of the targeting requirements, PHAs must collect and analyze data on the needs of households with incomes beneath 30 percent of AMI./23/ Those comments also mention income mixing in the context of deconcentration, but otherwise the rule is silent on targeting.

C. Deconcentration and Income Mix

he new act requires each PHA to develop an admission policy that will provide for the deconcentration of poverty by encouraging higher income applicants to move into lower income projects and allow for the admission of lower income applicants at higher income projects./24/ HUD’s implementation of that provision may turn out to be controversial. Instead of allowing the PHAs to develop their deconcentration policies as part of the PHA plan, the Initial Guidance directs every PHA to develop and adopt its plan by June 18, 1999, unless HUD grants an extension./25/ There are no directions regarding the procedures PHAs are to follow in developing those immediate deconcentration plans. On substance, little more in the way of guidance is provided, and that shows up in the Interim PHA Plan Rule and its Introductory Comments. There, HUD provides that each PHA must compare the relative incomes in each development and in the developments’ census tracts to determine which are higher income projects and which are lower income projects. Then they must make appropriate changes in their admissions policies needed to bring both higher income families into lower income developments and lower income families into higher income projects. The rule stresses that PHAs must do both./26/

The Introductory Comments go into more detail. They state that, to accomplish deconcentration, a PHA may offer applicants incentives to move into projects that will reduce concentration, and it may skip over applicants on the waiting list until it reaches a family that will accept the incentives. In fact, the Introductory Comments purport to make skipping mandatory if it is necessary in order to achieve deconcentration. Beyond skipping, the Introductory Comments also suggest preferences, including employment preferences, affirmative marketing, counseling, and provision of services. At the same time, the Introductory Comments do repeat the statutory ban on quotas. They also require the policies to affirmatively further fair housing and to not leave income disparities within sections or buildings in developments./27/

D. Site-Based Waiting Lists

The new legislation authorizes PHAs to use site-based waiting lists for public housing that not only allow applicants to designate the site or sites to which they want to apply, but also to require applicants to go to the site to make the application. The only two restrictions are that the systems must not violate any civil rights laws and that every applicant must be fully informed about all options that are available in selecting the place he or she will live./28/

Site-based waiting lists are not mentioned in the Initial Guidance, but they are treated fairly extensively in the Interim PHA Plan Rule. The rule itself provides that PHAs may establish site-based waiting lists if they are consistent with all applicable civil rights and fair housing laws. To qualify, the PHA must have been submitting its data on occupants on a timely, complete and accurate basis. Without such data, it would not be possible to determine whether the policy was having a discriminatory effect. There can be no outstanding court orders or settlements that the policy would violate. The PHA must have reasonable measures to assure that the policy affirmatively furthers fair housing. Annually, as part of its plan development, each PHA must assess whether the site-based waiting lists are having any discriminatory effect and must use testers biennially to confirm that no discriminatory practices are being followed. All applicants must be fully informed about the various developments to which they could apply, including size, amenities and likely waiting time./29/

The Introductory Comments indicate that if a PHA proposes site-based waiting lists in its plan, HUD will review them as part of the plan review process, but will not conduct a separate review of the site-based policy. If a PHA wants to convert to site-based waiting lists before submitting its first plan, the PHA will have to follow the current procedures for requesting HUD approval. In reviewing those requests, HUD will follow the requirements of the Interim Rule that are spelled out above./30/

5. Applicant Screening

The new act contains many provisions regarding screening of applicants and the use of criminal records in that process, particularly for criminal activity and illegal use of drugs and alcohol abuse. Neither the Interim PHA Plan Rule nor the Interim Guidance has much to say on these provisions. The Interim Guidance notes that most of these provisions are not immediately effective. On the one provision that is already in effect, the rules for securing information on public housing applicants from drug treatment programs,/31/ the guidance notes that PHAs must follow the statutory restrictions./32/

5. Eligibility of Non-Citizens

The new act repeals the law under which PHAs had been allowed to "opt out" of the laws/33/ that make certain immigrants ineligible for public housing and for certificates and vouchers./34/ The Initial Guidance states that the new act reverts to the situation that had prevailed prior to 1996. Then, PHAs had to comply with the statutory limits on immigrant eligibility but could admit applicants and verify their eligibility later. PHAs that previously had not opted to follow the immigrant eligibility rule will now have to verify their tenants’ eligibility at their next recertification./35/

II. What Will Public Housing and Voucher Rents Be?

5. Rent Choice in Public Housing

Under the new act, public housing tenants will have the choice of paying regular Brooke Amendment income-based rents or flat rents which the PHA must establish for each of its units. The Interim PHA Plan Rule merely specifies that the plan must state the flat rents, without any guidance about how they are to be set or how the choice process will work./36/ The Introductory Comments to that rule state no more. The Initial Guidance does explain that each unit’s flat rent must be based on its rental value, which HUD interprets to be the reasonable market value of the unit used in the ceiling rent calculations./37/ That guidance also explains that, if the PHA wishes, the income-based rents may be set at less than 30 percent of the tenant’s adjusted income./38/ It also directs PHAs to begin setting their flat rents so that they will be able to offer rent choice on October 1, 1999, when the rent choice provision becomes effective./39/

5. Delay of Rent Increases When Public Housing and Section 8 Tenants Secure New Jobs

Under the current law that was enacted in 1990, public housing tenants who participate in governmental employment training programs and subsequently secure new jobs are entitled to an 18-month delay in the rent increase that they would otherwise face because of their new or increased earned income./40/ Effective October 1, 1999, that provision will be modified in several respects. The Initial Guidance indicates that until October 1, 1999, PHAs must continue to follow the current law./41/ It provides that families who enroll in a job training and services program before October 1, 1999, and who otherwise meet the requirements of the current law will be covered by it, and not by the new law.

5. Ceiling Rents

During the one-year transition to the rent choice system with its flat rents, the new legislation retains the current law that allows PHAs to set their own ceiling rents at not less than the cost of operation. It also creates another option of ceiling rents of not less than 75 percent of operating costs in family projects and not less than total operating costs in projects for the elderly or people with disabilities./42/ The Initial Guidance alerts the PHAs to these options and to the fact that PHAs may adopt them and still get the protection of increased operating subsidies if they cause rent collections to fall./43/

D. Rent Reductions for Tenants Whose Welfare Grants Have Been Cut

In the new act, Congress provided that public housing tenants and certificate and voucher participants who have their welfare payments reduced because of noncompliance with work requirements will not be entitled to have their rents reduced because of the income loss./44/ The Initial Guidance, but not the Interim PHA Plan Rule, provides some direction regarding implementation of this provision. Most importantly, it indicates that the rules may not be implemented until the public housing leases have been amended to include these provisions and until the Section 8 operating procedures have been modified./45/ A rent reduction may not be withheld until the welfare department informs the PHA in writing that the loss of income was imposed as a sanction for noncompliance with a work requirement and until the tenant has been heard at a grievance hearing or the PHA’s informal hearing procedures for the Section 8 tenants./46/ If the loss of welfare arises from the exhaustion of lifetime time limits on eligibility, or despite the fact that a tenant has complied with the welfare requirements but has not been able to find employment, the tenant’s rent must be reduced./47/

The Interim PHA Plan Rule states only that the PHA must explain in its plan how it will comply with this requirement regarding rents for tenants whose welfare grants have been reduced by sanctions./48/

E. Minimum Rents

As was true with previous appropriations acts/49/, under the new statute, PHAs and Section 8 project-based landlords may require each tenant to pay up to $50 for rent and utilities. The Initial Guidance indicates that this power to set minimum rents continues, and that for project-based Section 8 landlords HUD is setting the minimum rent at $25.

More importantly, the statute creates certain exemptions from the minimum rent. These include a household’s inability to pay the minimum rent because of a loss of governmental assistance, including loss because of an immigrant’s status as a lawfully admitted permanent resident, and a household’s facing eviction as a result of the minimum rent./50/ The Initial Guidance details how PHAs and landlords are to handle these exemptions, primarily focusing upon the statutory provision allowing them to withhold exemptions in cases where the hardships are temporary. The guidance requires PHAs and owners to notify minimum-rent tenants of the exemptions and to suspend minimum rents for any tenant who requests an exemption. If there is a hardship and it is long-term, the exemption should be granted. If it is temporary, the tenant may not be evicted and must be offered a reasonable repayment plan for any rent payments that have been suspended or missed. These policies are retroactive to October 21, 1998, and tenants who have been charged minimum rents must be given refunds if they qualified for an exemption./51/

F. Evictions

The Interim PHA Plan regulations contain very little on evictions. They state that the plan must include a description of the PHA’s public housing grievance process and of the informal hearing procedures for the certificate and voucher programs, as the statute required./52/ The Introductory Comments note that the regulations on grievance procedures and Section 8 informal hearings have not been repealed, and that submission of the PHA’s procedures adopted pursuant to those regulations will be satisfactory./53/

The Initial Guidance provides some direction regarding the new statutory provision requiring public housing leases to run for 12-month intervals./54/ HUD indicates that the statute may be implemented by 12-month leases that renew automatically without any requirement that the renewals be signed by the tenant and the PHA. The only requirement is that the PHA retain the power to withhold the automatic renewal if the tenant does not meet the community work requirement./55/ The PHA may refuse to renew the lease at the end of the 12 months if the tenant has not complied with that requirement, but in all other cases the renewal is automatic./56/

The act made permanent the provisions that had temporarily limited certificate and voucher tenants’ good cause protection to the term of the lease./57/ There is an issue regarding the timing of this change for the voucher program. The permanent changes to the voucher program do not go into effect until HUD issues interim regulations making them effective./58/ Until those interim regulations are issued, there is no effective statutory authority to nullify the regulations at 24 C.F.R. § 982.309(b) which requires automatic renewal of voucher leases when their terms expire. Nonetheless, in its Interim Guidance, HUD treats the changes to the voucher program as well as those to the certificate program as if they were effective immediately./59/

III. When May Public Housing Projects Be Demolished or Sold?

The new act makes several amendments to the law governing the demolition and sale of public housing projects under Section 18 of the United States Housing Act and the HOPE VI program. These amendments include changing the grounds for demolition and sales, eliminating the tenants’ opportunity to purchase in demolition cases, requiring demolition plans to be included in the PHA’s plan and to be certified by local government as consistent with the local ConPlan, limiting HUD’s role in the approval process, and exempting displacement from the Uniform Relocation Act (URA) if the demolition or sale is governed by Section 18.

The Interim PHA Plan regulations say very little on these matters, except that the plan must describe any project that will be demolished or sold and must include a timetable for that action./60/ The Introductory Comments add the possibility for PHAs to develop interim plans covering only demolition and sale activities in cases where the PHA wishes to demolish or sell a project before the full PHA plan is due at HUD./61/ That will allow PHAs to proceed with demolition actions now even though their full plans may not be due until as late as July 15, 2000.

The Initial Guidance does not include much explanation about the substance of these changes, but it does speak about timing. HUD has decided to handle all applications that were pending when the new statute was enacted (October 21, 1998) as if they were governed by the old law, with four exceptions. The major exceptions are (1) that the requirement that tenants be offered a chance to purchase projects slated for demolition will not be followed and (2) that one-for-one replacement of lost units will not be required. The Initial Guidance also makes clear that the URA continues to protect:

• People displaced before October 21, 1998,
• People displaced as a result of HUD’s approval of a demolition before October 21, 1998,
• People displaced by a demolition that is part of a HOPE VI project,
• People displaced as a result of mandatory "vouchering out" pursuant to the 1996 Appropriations Act or voluntary vouchering out under the new act, and
• People displaced if the site is acquired for a project receiving federal funds./62/

With regard to substance, HUD has indicated that it will soon be issuing guidance in Notice form and then amending the regulations.

On vouchering out, the Initial Guidance confirms that projects that have already been identified for an assessment of whether they must be covered under the 1996 appropriations act’s vouchering-out requirement, or which have been identified for conversion, will be governed by that act, not by the new law./63/ HUD has also indicated that both the new mandatory vouchering out provisions and the voluntary vouchering out statute are not effective yet and will be governed by regulations to be issued in the future./64/ Until the regulations are issued, PHAs do not have to include anything in their PHA plans on voluntary vouchering out. For mandatory vouchering out, they need only list the projects identified under the 1996 appropriations legislation./65/ The Interim Plan Rule, however, recites the statute and requires that the PHA plan (1) describe any projects to be vouchered out, either voluntarily or mandatorily, and (2) analyze their situations and state the amount of financial assistance to be used in the vouchering out./66/

IV. Tenant Participation

Under the new act, PHAs will have to allow Resident Advisory Boards to assist them in developing their five-year and annual plans./67/ The Interim PHA Plan Rule addresses several aspects of this new statutory requirement. It states directly that each PHA must have at least one Resident Advisory Board (RAB). The purpose of the RAB is to participate in the PHA planning process and to assist and make recommendations regarding the plan. The PHA is required to allocate reasonable resources to assure that the RAB is able to function effectively./68/ Paraphrasing the statute, the rule states that the PHA must consider the RAB’s recommendations and submit them to HUD with the plan, explaining how the PHA addressed them. If an RAB claims that the PHA did not provide adequate notice and an opportunity to comment, HUD may toll its 75-day time period for reviewing the plan and require the PHA to correct its wrongdoing./69/

The members of the RAB must adequately reflect and represent the tenants assisted by the PHA, including certificate and voucher participants. To ensure their adequate representation, the RAB must have a reasonable number of members who are Section 8 participants and they must be selected by reasonable measures. If there is a PHA-wide resident council that is in compliance with the regulations on tenant participation,/70/ that organization must be appointed as an RAB or its representatives must be included on the RAB. Although the statute grants HUD the power to waive the RAB requirement when existing councils adequately represent the tenants, HUD has chosen to encourage and even require that PHAs appoint those councils as RABs or as members of RABs instead of seeking waivers./71/ If there is no PHA-wide resident council, then representatives from resident councils for particular developments or other less-than-PHA-wide areas must be appointed to the RAB. If there is no existing resident council, the PHA must encourage tenants to form resident councils. If none are formed, then the PHA must appoint tenants to the RAB./72/

In addition to involvement of the Resident Advisory Board, the statute also requires the PHA to hold a public hearing on its plan./73/ Again, doing little more than to repeat the statute, the Interim Rule states that the PHA must hold a hearing, publish notice of the hearing 45 days in advance, and make the plan and all relevant information available for inspection at the PHA’s office./74/ The Introductory Comments go a little further, stating that the PHA should post the hearing notice on the Internet and contact all organizations that the PHA thinks are interested in the plan, seeking their comments./75/

V. The Community Work Requirement

Congress required adult public housing tenants, but not Section 8 participants, to contribute eight hours per month of service to the community in which they reside, unless they meet one of several exceptions./76/ Although the community work requirement is one of the topics to be covered in the PHA plan, the Interim Plan Rule provides little help regarding its implementation. It specifies only that the PHA must describe in its plan how it will comply with the community work requirements for public housing tenants./77/ The Introductory Comments state that PHAs need not address the community work requirement in their plans until HUD issues regulations to implement the requirement./78/

VI. The PHA Plan

As has been mentioned previously, the new statute requires each PHA to develop five-year and annual plans for its operations./79/ The Interim Rule implements that requirement primarily by paraphrasing the statute; however, it does answer a few questions raised by statutory ambiguities.

The first plans have to be submitted to HUD 75 days prior to the beginning of the PHA’s first fiscal year that begins after October 1, 1999. As a result, the first plans will be due at HUD on October 15, 1999, for the PHAs whose fiscal years begin on January 1. The remaining plans will be due 75 days before April 1, July 1, and October 1, 2000. The regulations, like the statute, provide that the plan be consistent with the applicable Comprehensive Housing Affordability Strategy (CHAS) or Consolidated Plan (ConPlan), and the local government must certify to that fact./80/ The Introductory Comments provide a little more detail on this requirement, specifying that the PHA must address any parts of the Consolidated Plan’s analysis of Impediments to Fair Housing that affect public housing and Section 8 applicants and tenants./81/ In addition, the Introductory Comments state that, in presenting the housing needs the PHA has assessed, the PHA may secure the information from the ConPlan, if it is accurate, and even incorporate the ConPlan into its plan./82/

The Interim Rule, like the statute, sets out a series of items that the plan must cover, although it provides very few details./83/ Many of the provisions are described above in the discussion of particular substantive topics. The only ones that do much more than repeat the statute are those that cover the needs statement, admissions, PHA economic self-sufficiency programs, and affirmatively furthering fair housing. The Introductory Comments provide some details in the form of directions that HUD has labeled "Submission Guidance." Unfortunately, because those directions will not be codified in the C.F.R., they will have little lasting effect on the process and probably will provide no legal constraint.

The plan is supposed to be a one-stop source of all the policies that govern the PHA’s operation of its programs, as the Interim Rule provides./84/ If the PHA ignores its plan, tenants are authorized to complain to HUD, and HUD is empowered to take appropriate corrective action to secure compliance./85/ Unfortunately, the Interim Rule provides no details about HUD’s enforcement responsibilities. It states only that HUD will respond appropriately to any complaint of PHA noncompliance and will take necessary and appropriate action to ensure compliance./86/

VII. The Merger of the Certificate and Voucher Programs

The Interim PHA Plan Rule and the Notice of Initial Guidance provide little information about the changes in the certificate and voucher programs. This will be handled mostly in interim rules on the new voucher program that are scheduled to be issued in April. One thing the Initial Guidance does state is that the provision barring Section 8 landlords from discriminating against certificate and voucher holders has been permanently repealed and that PHAs should inform prospective landlords of that change./87/

VIII. Conclusion

As has been true with HUD regulations for most of Secretary Cuomo’s administration, these regulations add little to the statute itself. Possibly the next set of regulations which will cover more substantive issues like rents and the merger of the certificate and voucher programs will be more elucidating. This tendency to avoid federal regulation as much as possible means that securing favorable and enforceable policies in the PHA plans will assume even greater importance.

Footnotes:

1    The statute was entitled the "Quality Housing and Work Responsibility Act," Pub. L. No. 105-276, 112 Stat. 2461, 2518 (Oct. 21, 1998). It can be downloaded from Handsnet at Handsnet Forums/Legal Services/Substantive Law/Housing/Legislation or on the World Wide Web at http://frwebgate.access.gpo.gov/cgi-bin/useftp.cgi?IPaddress=162.140.64.21 &filename= publ276.105&directory=/diskb/wais/data/105_cong_public_laws.

2    Public Housing Agency Plans, 24 C.F.R. Part 903 (1999), published at 64 Fed. Reg. 8,169 (Feb. 18, 1999) (hereafter "Interim PHA Plan Rule"); Quality Housing and Work Responsibility Act of 1998: Initial Guidance, 64 Fed. Reg. 8,191 (Feb. 18, 1999) (hereafter "Initial Guidance"). In December, HUD also issued an implementing notice for the certificate and voucher programs. HUD's FY 1999 Appropriations Act Section 8 Tenant-based Assistance Program Statutory Provisions, PIH Notice 98-64 (Dec. 18, 1998).

3    Congress’ New Public Housing and Voucher Programs, 28 HOUS. L. BULL. 165 (Oct./Nov. 1998).

4    42 U.S.C. §§ 1437d(c)(4)(A) and 1437f(o)(6)(A).

5    Section 514, rewriting 42 U.S.C. §§ 1437d(c)(4)(A) and f(d)(1)(A) (effective immediately).

6    Initial Guidance, 64 Fed. Reg. 8,191, 8,200 (Feb. 18, 1999).

7    Pub. L. No. 104-99, § 402(d), 110 Stat. 26, 41 (Jan. 26, 1996).

8    Initial Guidance, 64 Fed. Reg. 8,191, 8,200 (Feb. 18, 1999).

9    Section 506(2)(A), striking the third sentence of 42 U.S.C.§ 1437a(b)(3) (effective Oct. 1, 1999).

10    Initial Guidance, 64 Fed. Reg. 8191, 8201 (Feb. 18, 1999).

11    Initial Guidance, 64 Fed. Reg. 8,191, 8,200 (Feb. 18, 1999).

12    24 C.F.R. § 903.7(c) (1999), 64 Fed. Reg. 8,169, 8,182 (Feb. 18, 1999).

13    64 Fed. Reg. 8,174 (Feb. 18, 1999).

14    64 Fed. Reg. 8,176 (Feb. 18, 1999).

15    42 U.S.C.A. § 1437f(d)(1)(A)(i) (West 1994).

16    Initial Guidance, 64 Fed. Reg. 8,191, 8,200-01 (Feb. 18, 1999); 42 U.S.C.A. § 1437f(s) (West Supp. 1999).

17    Http://www.huduser.org/data/factors.html.

18    Initial Guidance, 64 Fed. Reg. 8,191, 8,200 (Feb. 18, 1999).

19    Id.

20    Id.

21    Id.

22    Initial Guidance, 64 Fed. Reg. 8,191, 8,200 (Feb. 18, 1999), citing 24 C.F.R. § 5.410(e)(2) (1998).

23    64 Fed. Reg. 8,169, 8,173 (Feb. 18, 1999).

24    Section 513(a), rewriting 42 U.S.C. § 1437n(a)(3)(B).

25    Initial Guidance, 64 Fed. Reg. 8,191, 8,199 (Feb. 18, 1999).

26    24 C.F.R. § 903.7(c)(2) (1999), 64 Fed. Reg. 8,169 (Feb. 18, 1999).

27    64 Fed. Reg. 8,169, 8,176 (Feb. 18, 1999).

28    Section 525, adding 42 U.S.C. § 1437d(s) (effective Oct. 1, 1999).

29    24 C.F.R. § 903.7(c)(1) (1999), 64 Fed. Reg. 8,169, 8,182 (Feb. 18, 1999).

30    64 Fed. Reg. 8,169, 8,176-77 (Feb. 18, 1999).

31    Section 575(e), adding 42 U.S.C. § 1437d(u) (effective immediately).

32    Initial Guidance, 64 Fed. Reg. 8,191, 8,205-06 (Feb. 18, 1999).

33    42 U.S.C.A. § 1436a(h) (West Supp. 1998).

34    Section 592, amending and renaming 42 U.S.C. § 1436a(i) (effective immediately).

35    Initial Guidance, 64 Fed. Reg. 8,191, 8,206 (Feb. 18, 1999).

36    24 C.F.R. § 903.7(d) (1999), 64 Fed. Reg. 8,169, 8,182 (Feb. 18, 1999).

37    Initial Guidance, 64 Fed. Reg. 8,191, 8,202 (Feb. 18, 1999).

38    Id.

39    Section 519(a), eliminating 42 U.S.C.A. § 1437g(b) (West 1994) (effective Oct. 1, 1999).

40    42 U.S.C.A. § 1437a(c) (West 1994).

41    Initial Guidance, 64 Fed. Reg. 8,191, 8,198 (Feb. 18, 1999).

42    Section 519(d) (effective immediately).

43    Initial Guidance, 64 Fed. Reg. 8,191, 8,201-02 (Feb. 18, 1999).

44    Section 512(a)(2), adding 42 U.S.C. § 1437j(d) (effective immediately, but lease changes required).

45    Initial Guidance, 64 Fed. Reg. 8,191, 8,199 (Feb. 18, 1999).

46    Id.

47    Id.

48    24 C.F.R. § 903.7(l) (1999), 64 Fed. Reg. 8,169, 8,183 (Feb. 18, 1999).

49    Pub. L. No. 104-99, § 402, 110 Stat. 26, 40 (Jan. 26, 1996).

50    Section 507(a), adding 42 U.S.C. § 1437a(a)(3) (effective immediately).

51    Initial Guidance, 64 Fed. Reg. 8,191, 8,197-98 (Feb. 18, 1999).

52    24 C.F.R. § 903.7(f) (1999), 64 Fed. Reg. 8,169, 8,183-84 (Feb. 18, 1999).

53    64 Fed. Reg. 8,169, 8,174 (Feb. 18, 1999).

54    Section 512(b), adding 42 U.S.C. § 1437d(l)(1) (effective October 1, 1999).

55    Initial Guidance, 64 Fed. Reg. 8191, 8199 (February 18, 1999).

56    Section 512(b), adding 42 U.S.C. § 1437d(l)(1) (effective Oct. 1, 1999).

57    Section 545(a), amending 42 U.S.C. § 1437f(o)(7) (effective when interim regulations issued).

58    Section 559(a).

59    Initial Guidance, 64 Fed. Reg. 8191, 8204 (Feb. 18, 1999).

60    24 C.F.R. § 903.7(h) (1999), 64 Fed. Reg. 8,169, 8,183 (Feb. 18, 1999).

61    64 Fed. Reg. 8,177-78 (Feb. 18, 1999).

62    Initial Guidance, 64 Fed. Reg. 8,191, 8,203-04 (Feb. 18, 1999).

63    Id. at 8,204.

64    Id.; Interim Plan Rule, Introductory Comments, 64 Fed. Reg. 8,169, 8,175 (Feb. 18, 1999).

65    64 Fed. Reg. 8,169, 8,175 (Feb. 18, 1999).

66    24 C.F.R. § 903.7(j) (1999), 64 Fed. Reg. 8,169, 8,183 (Feb. 18, 1999).

67    Section 511, adding 42 U.S.C. §§ 1437c-1(e)(2), (f)(3)(C) and (f)(4) (effective with February 18, 1999, interim regulations).

68    24 C.F.R. § 903.13(a) (1999), 64 Fed. Reg. 8,169, 8,184 (Feb. 18, 1999).

69    24 C.F.R. § 903.13(c) (1999), 64 Fed. Reg. 8,169, 8,184 (Feb. 18, 1999).

70    24 C.F.R. Part 964 (1998).

71    64 Fed. Reg. 8,169, 8,178 (Feb. 18, 1999).

72    24 C.F.R. § 903.13(b) (1999), 64 Fed. Reg. 8,169, 8,184 (Feb. 18, 1999).

73    Section 511, adding 42 U.S.C. § 1437c-1(f).

74    24 C.F.R. § 903.17 (1999), 64 Fed. Reg. 8,169, 8,185 (Feb. 18, 1999).

75    64 Fed. Reg. 8,169, 8,178 (Feb. 18, 1999).

76    Section 512(a)(2), adding 42 U.S.C. § 1437j(c) (effective Oct. 1, 1999).

77    24 C.F.R. § 903.7(l) (1999), 64 Fed. Reg. 8,169, 8,183 (Feb. 18, 1999).

78    64 Fed. Reg. 8,169, 8,175 (Feb. 18, 1999).

79    Section 511, adding 42 U.S.C. § 1437cA.

80    24 C.F.R. § 903.15 (1999), 64 Fed. Reg. 8,169, 8,184-85 (Feb. 18, 1999).

81    64 Fed. Reg. 8,169, 8,178 (Feb. 18, 1999).

82    64 Fed. Reg. 8,169, 8,173 (Feb 18, 1999).

83    24 C.F.R. § 903.7 (1999), 64 Fed. Reg. 8,169, 8,181 (Feb. 18, 1999).

84    24 C.F.R. § 903.1(b) (1999), 64 Fed. Reg. 8,169, 8,181 (Feb. 18, 1999).

85    42 U.S.C. § 1437c-1(l).

86    24 C.F.R. § 903.25 (1999), 64 Fed. Reg. 8,169, 8,185 (Feb. 18, 1999).

87    Initial Guidance, 64 Fed. Reg. 8,191, 8,205 (Feb. 18, 1999).

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