Rule2022-26434
Temporary Change in the Tenant Recertification Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 6, 2022
Effective
January 1, 2023
Issuing agencies
Agriculture DepartmentRural Housing Service
Abstract
The Rural Housing Service (RHS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is announcing a temporary exception to the tenant recertification requirements for the Section 515 Rural Rental Housing (RRH) Program and Section 514 Off-Farm Labor Housing (FLH) Program.
Full Text
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<title>Federal Register, Volume 87 Issue 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Rules and Regulations]
[Pages 74502-74503]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26434]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3560
[Docket No. RHS-22-MFH-0024]
Temporary Change in the Tenant Recertification Requirements
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
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SUMMARY: The Rural Housing Service (RHS or the Agency), a Rural
Development (RD) agency of the United States Department of Agriculture
(USDA), is announcing a temporary exception to the tenant
recertification requirements for the Section 515 Rural Rental Housing
(RRH) Program and Section 514 Off-Farm Labor Housing (FLH) Program.
DATES: The temporary exception to the tenant recertification
requirements will be effective on January 1, 2023, and expire on
December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Michael Resnik, Acting Director,
Multi-Family Housing Asset Management Division, RHS, U.S. Department of
Agriculture via email: <a href="/cdn-cgi/l/email-protection#d0bdb9b3b8b1b5bcfea2b5a3beb9bb90a5a3b4b1feb7bfa6"><span class="__cf_email__" data-cfemail="274a4e444f46424b09554254494e4c675254434609404851">[email protected]</span></a>, or by phone 202-430-
3114.
SUPPLEMENTARY INFORMATION:
Authority
Section 515 Rural Rental Housing Direct Loans Program (42 U.S.C.
1485--Authorized under the Housing Act of 1949 (Pub. L. 81-171), and
Public Law 102-550. Section 514 Farm Labor Housing Direct Loans and
Grants Program (42 U.S.C. 1484)--Authorized under Title V of the
Housing Act of 1949 (Pub. L. 81-171).
Background
The RHS is committed to helping improve the economy and quality of
life in rural areas by offering a variety of programs. The Agency
offers loans, grants, and loan guarantees to help create jobs, expand
economic development, and provide critical infrastructure investments.
RHS also provides technical assistance loans and grants by partnering
with agricultural producers, cooperatives, Indian tribes, non-profits,
and other local, state, and Federal agencies. Multifamily Housing (MFH)
assists rural property owners through loans, loan guarantees, and
grants that enable owners to develop and rehabilitate properties for
low-income, elderly, and disabled individuals and families as well as
domestic farm laborers.
Section 514 direct loans are provided to eligible borrowers for the
development of on-farm or off-farm housing for farm laborers. Loans may
be used to buy, build, improve, or repair housing (including
furnishings and related facilities) for farm laborers. The Section 515
multifamily housing program offers direct loans for the development of
new, or rehabilitation of existing, rental housing for low-income
individuals and families in rural areas.
On October 13, 2022, the Social Security Administration announced
an 8.7% increase in Social Security and Supplemental Security Income
(SSI) benefits in 2023. According to the Social Security
Administration, Social Security benefits will increase by an average of
more than $140 per month starting in January 2023. This increase is due
in part to the current inflationary pressures on the economy and a
demanding labor market that has dramatically increased salaries, also
seen in HUD's average increase of 11-12% in Area Median Income this
year.
The regulation at 7 CFR 3560.152(e) requires, among other things,
that tenant
[[Page 74503]]
households must be recertified and must execute a tenant certification
form at least annually or whenever a change in household income of $100
or more per month occurs.
The 8.7% cost-of-living adjustment (COLA) will begin with benefits
payable in January 2023. As this would require recertifications for
most Social Security recipients, the Agency is temporarily waiving the
recertification requirement for tenants whose household income,
regardless of income type, has increased by $100 or more, but less than
$200. Accordingly, during the exception period, tenants will not be
required to execute a tenant certification form unless their household
income changes by $200 or more per month. This temporary change also
aligns the MFH program with the current Housing and Urban Development
(HUD) regulatory requirement. This is a temporary waiver that will be
in place through calendar year 2023, expiring on December 31, 2023.
Temporary Change in Tenant Recertification Requirements
Pursuant to 7 CFR 3560.8, the RHS Administrator may make an
exception to any provision of part 3560 or address any omissions
provided that the exception is consistent with the applicable statute,
does not adversely affect the interest of the Federal Government, and
does not adversely affect the accomplishment of the purposes of the MFH
programs or application of the requirement would result in undue
hardship on the tenants. To alleviate the burden of unnecessary work
for management agents and tenants, the following guidance is being
provided for interim tenant certifications:
The Agency is temporarily waiving the recertification requirement
for tenants whose household income has changed by $100 or more, but
less than $200 per month. During the period of the waiver, tenant
households must be recertified and must execute a tenant certification
form at least annually or whenever a change in household income of $200
or more per month occurs.
This temporary exception is effective January 1, 2023, and will
expire on December 31, 2023.
The requirement that borrower must recertify for changes of $50 per
month, if the tenant requests that such a change be made, is still in
effect.
This exception does not apply to, or change the requirements for,
annual renewal certifications.
Agency Field staff will be advised to provide a copy of this notice
to all borrowers and management agents. Through the provided
notification, borrowers and management agents will be instructed to
provide a written copy of the notice to all tenants immediately,
including posting the notice at each property.
Paperwork Reduction Act
The temporary exception to tenant recertification requirements
contains no new reporting or recordkeeping burdens under OMB control
number 0575-0189 that would require approval under the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35).
Non-Discrimination Statement
In accordance with Federal civil rights laws and USDA civil rights
regulations and policies, the USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.ascr.usda.gov/complaint_filing_cust.html">https://www.ascr.usda.gov/complaint_filing_cust.html</a>, from any USDA office, by calling (866) 632-
9992, or by writing a letter addressed to USDA. The letter must contain
the complainant's name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail
to inform the Assistant Secretary for Civil Rights (ASCR) about the
nature and date of an alleged civil rights violation. The completed AD-
3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture Office of the Assistant
Secretary for Civil Rights 1400 Independence Avenue, Washington, DC
20250-9410; or (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email:
<a href="/cdn-cgi/l/email-protection#6a3a18050d180b074423041e0b010f2a1f190e0b440d051c"><span class="__cf_email__" data-cfemail="2272504d4550434f0c6b4c5643494762575146430c454d54">[email protected]</span></a>.
Jamal Habibi,
Acting Administrator, Rural Housing Service.
[FR Doc. 2022-26434 Filed 12-5-22; 8:45 am]
BILLING CODE 3410-XV-P
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</html>Indexed from Federal Register on December 6, 2022.
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