Section 791.402 - Determination of low-income housing needs(a) Before budget authority is allocated, the Assistant Secretary for Policy Development and Research shall determine the relative need for low-income housing assistance in each HUD field office jurisdiction. This determination shall be based upon data from the most recent, available decennial census and, where appropriate, upon more recent data from the Bureau of the Census or other Federal agencies, or from the American Housing Survey.(b) Except for paragraph (c) of this section, the factors used to determine the relative need for assistance shall be based upon the following criteria:(1)Population. The renter population;(2)Poverty. The number of renter households with annual incomes at or below the poverty level, as defined by the Bureau of the Census;(3)Housing overcrowding. The number of renter-occupied housing units with an occupancy ratio of 1.01 or more persons per room;(4)Housing vacancies. The number of renter housing units that would be required to maintain vacancies at levels typical of balanced market conditions;(5)Substandard housing. The number of housing units built before 1940 and occupied by renter households with annual incomes at or below the poverty level, as defined by the Bureau of the Census; and(6)Other objectively measurable conditions. Data indicating potential need for rental housing assistance, such as the number of renter households with incomes below specified levels and paying a gross rent of more than 30 percent of household income.(c) For the section 202 elderly program, the data used shall reflect relevant characteristics of the elderly population. The data shall use the criteria specified in paragraph (b)(1) and (6) of this section, as modified to apply specifically to the needs of the elderly population.(d) Based on the criteria in paragraphs (b) and (c) of this section, the Assistant Secretary for Policy Development and Research shall establish housing needs factors for each county and independent city in the field office jurisdiction, and shall aggregate the factors for such jurisdiction. The field office total for each factor is then divided by the respective national total for that factor. The resulting housing needs ratios under paragraph (b) of this section are then weighted to provide housing needs percentages for each field office, using the following weights: population-20 percent; poverty-20 percent; housing overcrowding-10 percent; housing vacancies-10 percent; substandard housing-20 percent; other objectively measurable conditions-20 percent. For the section 202 elderly program, the two criteria described in paragraph (c) of this section are weighted equally.(e) The Assistant Secretary for Policy Development and Research shall adjust the housing needs percentages derived in paragraph (d) of this section to reflect the relative cost of providing housing among the field office jurisdictions.61 FR 10849, Mar. 15, 1996, as amended at 64 FR 26639, May 14, 1999