Notice2022-09791
30-Day Notice of Proposed Information Collection: Comment Request; Implementation of the Housing for Older Persons Act of 1995 (HOPA), OMB Control No: 2529-0046
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
May 6, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
Full Text
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<title>Federal Register, Volume 87 Issue 88 (Friday, May 6, 2022)</title>
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[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27176-27177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09791]
[[Page 27176]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7050-N-14]
30-Day Notice of Proposed Information Collection: Comment
Request; Implementation of the Housing for Older Persons Act of 1995
(HOPA), OMB Control No: 2529-0046
AGENCY: Office of Policy Development and Research, Chief Data Officer,
HUD.
ACTION: Notice.
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SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comment
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for an additional 30 days of
public comment.
DATES: Comments Due Date: June 6, 2022.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="/cdn-cgi/l/email-protection#d996908b9886aaacbbb4b0aaaab0b6b799b6b4bbf7bcb6a9f7beb6af"><span class="__cf_email__" data-cfemail="155a5c47544a666077787c66667c7a7b557a78773b707a653b727a63">[email protected]</span></a> or <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, QDAM, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; email Colette Pollard at
<a href="/cdn-cgi/l/email-protection#40032f2c253434256e102f2c2c213224002835246e272f36"><span class="__cf_email__" data-cfemail="d695b9bab3a2a2b3f886b9babab7a4b296bea3b2f8b1b9a0">[email protected]</span></a> or telephone 202-402-3400. This is not a toll-
free number. Copies of available documents submitted to OMB may be
obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
The Federal Register notice that solicited public comment on the
information collection for a period of 60 days was published on July
15, 2021 at 86 FR 37340.
A. Overview of Information Collection
Title of Information Collection: Implementation of the Housing for
Older Persons Act of 1995 (HOPA).
OMB Control Number: 2529-0046.
Type of Request: Proposed reinstatement without change of an
expired, previously approved information collection requirement.
Description of the need for the information and proposed use: The
Fair Housing Act [42 U.S.C.3601 et seq.], prohibits discrimination in
the sale, rental, occupancy, advertising, insuring, or financing of
residential dwellings based on familial status (individuals living in
households with one or more children under 18 years of age). However,
under Sec. 3607(b)(2) of the Act, Congress exempted three (3)
categories of ``housing for older persons'' from liability for familial
status discrimination: (1) Housing provided under any State or Federal
program which the Secretary of HUD determines is ``specifically
designed and operated to assist elderly persons (as defined in the
State or Federal program)''; (2) housing ``intended for, and solely
occupied by persons 62 years of age or older''; and (3) housing
''intended and operated for occupancy by at least one person 55 years
of age or older per unit [`55 or older' housing].'' In December 1995,
Congress passed the Housing for Older Persons Act of 1995 (HOPA)
[Public Law 104-76, 109 STAT. 787] as an amendment to the Fair Housing
Act. The HOPA modified the ``55 or older'' housing exemption provided
under Sec. 3607(b)(2)(C) of the Fair Housing Act by eliminating the
requirement that a housing provider must offer ``significant facilities
and services specifically designed to meet the physical or social needs
of older persons.'' In order to qualify for the HOPA exemption, a
housing community or facility must meet each of the following criteria:
(1) At least 80 percent of the occupied units in the community or
facility must be occupied by at least one person who is 55 years of age
of older; (2) the housing provider must publish and adhere to policies
and procedures that demonstrate the intent to operate housing for
persons 55 years of age or older; and (3) the housing provider must
demonstrate compliance with ``rules issued by the Secretary for
verification of occupancy, which shall . . . provide for [age]
verification by reliable surveys and affidavits.''
The HOPA did not significantly increase the record-keeping burden
for the ``55 or older'' housing exemption. It describes in greater
detail the documentary evidence which HUD will consider when
determining, during a familial status discrimination complaint
investigation, whether or not a housing facility or community qualified
for the ``55 or older'' housing exemption as of the date on which the
alleged Fair Housing Act violation occurred.
The HOPA information collection requirements are necessary to
establish a housing provider's eligibility to claim the ``55 or older''
housing exemption as an affirmative defense to a familial status
discrimination complaint filed with HUD under the Fair Housing Act. The
information will be collected in the normal course of business in
connection with the sale, rental, or occupancy of dwelling units
situated in qualified senior housing facilities or communities. The
HOPA's requirement that a housing provider must demonstrate the intent
to operate a ``55 or older'' housing community or facility by
publishing, and consistently enforcing, age verification rules,
policies and procedures for current and prospective occupants reflects
the usual and customary practice of the senior housing industry. Under
the HOPA, a ``55 or older'' housing provider should conduct an initial
occupancy survey of the housing community or facility to verify
compliance with the HOPA's ``80 percent occupancy'' requirement and
should maintain such compliance by periodically reviewing and updating
existing age verification records for each occupied dwelling unit at
least once every two years. The creation and maintenance of such
occupancy/age verification records should occur in the normal course of
individual sale or rental housing transactions and should require
minimal preparation time. Further, a senior housing provider's
operating rules, policies and procedures are not privileged or
confidential in nature, because such information must be disclosed to
current and prospective residents, and to residential real estate
professionals.
The HOPA exemption also requires that a summary of the occupancy
survey results must be made available for public inspection. This
summary need not contain confidential information about individual
residents; it may simply indicate the total number of dwelling units
that are actually occupied by persons 55 years of age or older. While
the supporting age verification records may contain confidential
information about individual occupants, such information would be
protected from disclosure unless the housing provider claims the ``55
or older'' housing exemption as an affirmative defense to a
jurisdictional familial status discrimination complaint filed with HUD
under the Fair Housing Act. HUD's Office of Fair Housing and Equal
Opportunity will only require a housing provider to disclose such
confidential information to HUD if and
[[Page 27177]]
when HUD investigates a jurisdictional familial status discrimination
complaint filed against the housing provider under the Fair Housing
Act, and if and when the housing provider claims the ``55 or older''
housing exemption as an affirmative defense to the complaint.
Agency form number(s), if applicable: None.
Members of affected public: The HOPA requires that small businesses
and other small entities that operate housing intended for occupancy by
persons 55 years of age or older must routinely collect and update
reliable age verification information necessary to meet the eligibility
criteria for the HOPA exemption. The record keeping requirements are
the responsibility of the housing provider that seeks to qualify for
the HOPA exemption.
Estimation of the total numbers of hours needed to prepare the
information collection, including the number of respondents, frequency
of response, and hours of response:
Housing providers claiming eligibility for the HOPA's ``55 or
older'' housing exemption must demonstrate ongoing compliance with the
HOPA exemption requirements. The HOPA does not authorize HUD to require
submission of this information by individual housing providers as a
means of certifying that their housing communities or facilities
qualify for the exemption. Further, since the HOPA has no mandatory
registration requirement, HUD cannot ascertain the actual number of
housing facilities and communities that are currently collecting this
information with the intention of qualifying for the HOPA exemption.
Accordingly, HUD has estimated that approximately 1,000 housing
facilities or communities would seek to qualify for the HOPA exemption.
HUD has estimated that the occupancy/age verification data would
require routine updating with each new housing transaction within the
facility or community, and that the number of such transactions per
year might vary significantly depending on the size and nature of the
facility or community. HUD also estimated the average number of housing
transactions per year at ten (10) transactions per community. HUD
concluded that the publication of policies and procedures is likely to
be a one-time event, and in most cases will require no additional
burden beyond what is done in the normal course of business. The
estimated total annual burden hours are 5,500 hours [See Table below].
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Burden hour Annual Hourly cost
Type of collection activity Number of Frequency Responses per burden per Annual cost
respondents of response per annum response hours response
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One: Collect reliable age verification records for at least 1,000 1 1,000 1 1,000 $18.18 $18.18
one occupant per dwelling unit to meet the HOPA's minimum
``80% occupancy'' requirement...............................
Two: Publication of & adherence to policies & procedures that 1,000 1 1,000 2 2,00 18.18 36,360
demonstrate intent to operate ``55 or older'' housing.......
Three: Periodic updates of age verification records.......... 1,000 1 1,000 2.50 2,500 18.18 45,450
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B. Solicitation of Public Comments
This Notice is soliciting comments from members of the public and
affected agencies concerning the proposed information collection in
order to:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of HUD's program functions;
(2) Evaluate the accuracy of HUD's assessment of the paperwork
burden that may result from the proposed information collection;
(3) Enhance the quality, utility, and clarity of the information
which must be collected; and
(4) Minimize the burden of the information collection on
responders, including the use of appropriate automated collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses).
(5) ways to minimize the burden of the collection of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technolog
HUD encourages interested parties to submit comment in response to
these questions.
Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44
U.S.C. chapter 35, as amended.
Colette Pollard,
Department Reports Management Officer, Office of Policy Development and
Research, Chief Data Officer.
[FR Doc. 2022-09791 Filed 5-5-22; 8:45 am]
BILLING CODE 4210-67-P
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