[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78100-78101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30342]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5819-N-01]
Waivers and Alternative Requirements for the Family Self-
Sufficiency Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Previously, the Family Self-Sufficiency Program was
administered as two separate programs--one for Housing Choice Voucher
(Section 8) participants and one for Public Housing participants.
Appropriations for the Family Self-Sufficiency (FSS) program in the
Consolidated Appropriations Act, 2014, provided, however, that the two
programs be merged into one program under a separate line item. The
Consolidated Appropriations Act, 2014, also provided that the Secretary
could, by Federal Register notice, waive or specify alternative
requirements under specific sections of the United States Housing Act
of 1937 in order to facilitate the operation of a unified Family Self-
Sufficiency program. Based on this authority, HUD has unified these
programs. This notice provides waivers and alternative requirements to
facilitate the operation of a unified self-sufficiency program.
DATES: This notice is effective: December 29, 2014.
FOR FURTHER INFORMATION CONTACT: Anice Chenault, FSS Program Manager,
at [email protected], Office of Public Housing Investments,
Department of Housing and Urban Development, 451 7th Street SW., Room
4120, Washington, DC 20410, telephone number 202-402-2341 (this is not
a toll-free number). Persons with hearing- or speech-impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Approximately $75 million in appropriations was made available for
HUD's (FY) 2014 FSS program, in the Consolidated Appropriations Act,
2014, (Pub. L. 113-76, 128 Stat. 5, enacted January 17, 2014).
Previously HUD administered the FSS program as two separate programs--
one for Housing Choice Voucher (Section 8) participants and one for
Public Housing participants. Consolidated Appropriations Act, 2014
provided, however, that the two programs be merged into one program
under a separate line item. The objective of the FSS program is to
enable participating low-income families to increase their earned
income and reduce their dependency on welfare assistance and rental
subsidies. Under the FSS program, low-income families are provided
opportunities for education, job training, and other forms of social
service assistance, while living in assisted housing, so they can
obtain skills necessary to achieve self-sufficiency.
II. Applicable Rules, Statutes, Waivers, and Alternative Requirements
To facilitate the operation of a unified self-sufficiency program,
the Consolidated Appropriations Act, 2014, authorizes the Secretary to
waive, or specify alternative requirements of the sections (b)(3),
(b)(4), (b)(5) or (c)(1) of Section 23 of the United States Housing Act
of 1937 (42 U.S.C. 1437u) (1937 Act). Under this authority, the
Secretary hereby authorizes the following waivers and alternative
requirements, which has the effect of modifying the FSS statute.
1. Waiver allowing the Alternative requirement to permit families
in either the public housing or Housing Choice Voucher program to count
towards compliance with public housing agencies' (PHAs') mandatory FSS
participation level and its reduction. HUD is providing an alternative
requirement to Sections 23(b)(3) and (b)(4) to allow public housing
agencies to operate a unified FSS program that combines the number of
families under the formerly separated programs and formerly count
graduating participants from either rental assistance program to both
fulfill their mandatory program size requirements and subsequently
reduce the program size in accordance with Section 236(b)(4). Without
such a policy, PHAs would have to continue the separate tracking of
families from each program, which would be unnecessarily burdensome.
Moreover, this flexibility will allow some PHAs that have had
difficulty meeting program requirements to come into compliance, and
enable more families to benefit from FSS. This will apply to all PHAs,
including those that administer only a single FSS program now and
choose to expand to serve residents from the other rental assistance
program. For example, if a PHA serves voucher participants only through
their FSS program and the PHA expands its FSS program to public housing
residents as well, then the PHA may count both its voucher FSS and
public housing FSS graduating participants in reducing its mandatory
program size.
2. Waiver allowing Alternative requirement to the timely processing
of assistance. HUD is providing an alternative requirement to Section
(b)(5) to provide that public housing applicants, like HCV applicants,
shall not be delayed in receipt of housing assistance due to electing
not to participate in FSS. Section 23(b)(5) required no delay in
admission of HCV applicants who decline to participate in FSS, but is
silent about public housing admissions. Extending the existing policy
to public housing applicants promotes uniformity, and also avoids the
risk that some families will indicate an interest in FSS just to gain
admission to assisted housing, and then not make effective use of the
opportunity. It also supports the principle that participation in FSS
is voluntary.
3. Waiver to allow Alternative requirements on Conditions of
Participation. HUD is providing an alternative requirement to Section
(c)(1) that provides that housing assistance may not be terminated or
withheld as a consequence of failure to complete the Contract of
Participation without good cause. Section 23(c)(1) allows PHAs to have
a policy that HCV assistance may be withheld or terminated for those
families that fail to comply with their FSS contracts without good
cause, but does not authorize eviction of public housing tenants for
FSS non-compliance. This alternative requirement will promote
uniformity as well as the principle that participation in FSS is
voluntary. Anecdotal evidence suggests that the risk of termination has
dampened interest in FSS among HCV participants at agencies that have
adopted the option, making it more
[[Page 78101]]
difficult for PHAs to comply with FSS requirements.
Dated: December 17, 2014.
Jemine Bryon,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 2014-30342 Filed 12-24-14; 8:45 am]
BILLING CODE 4210-67-P