Notice2022-24070
60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013, OMB Control No.: 2577-0286
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Published
November 4, 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 60 days of public comment.
Full Text
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66723-66739]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24070]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7061-N-18]
60-Day Notice of Proposed Information Collection: Implementation
of the Violence Against Women Reauthorization Act of 2013, OMB Control
No.: 2577-0286
AGENCY: Offices of Housing, Public and Indian Housing, and Community
Planning and Development, 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 60 days of public comment.
DATES: Comments Due Date: January 3, 2023.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: Colette Pollard, Reports
Management Officer, REE, Department of Housing and Urban Development,
451 7th Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-
402-3400 (this is not a toll-free number) or email at
<a href="/cdn-cgi/l/email-protection#a8ebc7c4cddcdccd86f8c7c4c4c9dacce8c0ddcc86cfc7de"><span class="__cf_email__" data-cfemail="44072b28213030216a142b2828253620042c31206a232b32">[email protected]</span></a>. A copy of the proposed forms is available from
Ms. Pollard. HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals
with speech and communication disabilities. To learn more about how to
make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
[[Page 66724]]
FOR FURTHER INFORMATION CONTACT: Leea Thornton, Office of Policy,
Program and Legislative Initiatives, PIH, Department of Housing and
Urban Development, 451 7th Street SW, Room 3178, Washington, DC 20410;
telephone 202-402-6455. HUD welcomes and is prepared to receive calls
from individuals who are deaf or hard of hearing, as well as
individuals with speech and communication disabilities. To learn more
about how to make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
Copies of available documents submitted to OMB may be obtained from Ms.
Thornton.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: Implementation of the Violence
Against Women Reauthorization Act of 2013.
OMB Approval Number: 2577-0286.
Type of Request: Reinstatement, with change, of previously approved
collection for which approval has expired.
Form Number: HUD-5380, HUD-5381, HUD-5382, and HUD-5383. Other:
Emergency transfer reporting, lease bifurcation, and lease addendum.
Description of the need for the information and proposed use: The
Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public
Law 113-4, 127 Stat. 54, reauthorized and amended the Violence Against
Women Act of 1994, as previously amended (title IV, sec. 40001-40703 of
Pub. L. 103-322, 42 U.S.C. 13925 et seq.). In doing so, VAWA 2013
expanded the VAWA protections that applied to HUD's Section 8 and
Public Housing programs and widened the range of HUD's housing programs
that are subject to VAWA protections. The provisions of VAWA 2013 that
afford protections to victims of domestic violence, dating violence,
sexual assault, and stalking are statutory and statutorily directed to
be implemented. Accordingly, on November 16, 2016, HUD published a
final rule at 81 FR 80724 (VAWA Rule), implementing VAWA 2013's
provisions in its housing programs. The Violence Against Women Act
Reauthorization Act of 2022 (VAWA 2022) was signed March 15, 2022,
however certain provisions are not self-implementing. Once VAWA 2022
has been implemented this PRA will be further updated, as appropriate.
The HUD programs that include VAWA protections as required by VAWA
2013 and the VAWA rule include:
<bullet> Section 202 Supportive Housing for the Elderly (12 U.S.C.
1701q);
<bullet> Section 811 Supportive Housing for Persons with
Disabilities (42 U.S.C. 8013);
<bullet> Housing Opportunities for Persons with AIDS (HOPWA)
program (42 U.S.C. 12901 et seq);
<bullet> HOME Investment Partnerships (HOME) program (42 U.S.C.
12741 et seq.);
<bullet> Homeless programs under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.), including the
Emergency Solutions Grants (ESG) program; the Continuum of Care (CoC)
program; and the Rural Housing Stability Assistance program;
<bullet> Multifamily rental housing under section 221(d)(3) of the
National Housing Act (12 U.S.C. 17151(d)) with a below-market interest
rate (BMIR) pursuant to section 221(d)(5);
<bullet> Multifamily rental housing under section 236 of the
National Housing Act (12 U.S.C. 1715z-1);
<bullet> HUD programs assisted under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.); specifically, public housing under
section 6 of the 1937 Act (42 U.S.C. 1437d), tenant-based and project-
based rental assistance under section 8 of the 1937 Act (42 U.S.C.
1437f), and the Section 8 Moderate Rehabilitation Single Room
Occupancy; and
<bullet> The Housing Trust Fund (12 U.S.C. 4568).
To assure covered housing providers (CHPs) under the programs
listed above comply with VAWA 2013 and the VAWA Rule, the Department
must provide to all CHPs certain model documents for use, as follows:
<bullet> Form HUD-5380: Notice of Occupancy Rights Under the
Violence Against Women Act. HUD must provide this notice to CHPs, which
must, in turn, distribute it to tenants and to applicants at the times
specified in the VAWA rule at minimum to ensure they are aware of their
rights under VAWA and its implementing regulations. CHPs must add
specific information to this form as indicated by the imbedded
instructions. The use of ``we'' or ``us'' and use of shorthand will
require customization depending on whether the provider and the
landlord are the same, and, particularly for the CPD programs, the
program decisions made by the grantee and subgrantee.
<bullet> Form HUD-5381: Model Emergency Transfer Plan for Victims
of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. HUD
must provide this model document to CHPs. CHPs must develop their own
emergency transfer plans, as required by the VAWA rule, must make their
emergency transfer plan available upon request, and, when feasible,
must make their plan publicly available. CHPs may, at their discretion,
use HUD-5381 to develop these plans. This model contains only general
provisions of an emergency transfer plan that apply across the covered
HUD programs. Adoption of this model plan without further customization
and information concerning how the emergency transfer plan will operate
will not be sufficient to meet a covered housing provider's
responsibility to adopt an emergency transfer plan. CHPs must consult
the applicable regulations and are encouraged to consult program-
specific HUD guidance when developing their own emergency transfer
plans to ensure those plans contain all required elements.
<bullet> Form HUD-5382: Certification of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking, and Alternate Documentation. HUD
must provide this certification form to CHPs, which must, in turn,
distribute it to tenants and applicants as a required complement and
extension of the required Notice of Occupancy Rights Under the Violence
Against Women Act (Form HUD-5380). As further explained on the Form
HUD-5382, an applicant or tenant who is asking for or about VAWA
protections may choose to fill out and submit this certification form
as one of the four legally acceptable options the VAWA final rule
provides for answering any covered housing provider's written request
for documentation that an individual is or has been a victim of
domestic violence, dating violence, sexual assault, or stalking or that
a covered incident or incidents of domestic violence, dating violence,
sexual assault, and stalking occurred. (Note: This is a revision of and
supersedes form HUD-50066. VAWA 2013 required that the form be updated
and made applicable to all covered housing programs.)
<bullet> Form HUD-5383: Emergency Transfer Request for Certain
Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking. HUD provides this model emergency transfer request form to
CHPs. CHPs may, at their discretion, distribute it to tenants and
applicants. This form serves as a model for use by a CHP to accept
requests for emergency transfers under its required VAWA 2013 Emergency
Transfer Plan.
[[Page 66725]]
HUD has, as part of this package, revised the forms that were
published with HUD's final rule in order to more closely align with the
rule and to clarify language. In addition to the minor changes, HUD
makes the following specific changes:
<bullet> Form HUD-5380: Streamline information and language used in
the notice to reduce pages. Translated regulatory language into plain
language. Made titles of sections into questions that directly address
the reader. CHPs must add specific information to this form as
indicated by the imbedded instructions. Other areas of the form may be
used by the provider to include customized information as necessary.
The use of ``we'' or ``us'' and use of shorthand will require some
customization depending on whether the provider (grantee/recipient) and
the landlord are the same, and, particularly for the Office of HIV/AIDS
Housing (OHH) and Office of Special Needs Assistance Programs (SNAPS),
the program decisions made by the grantee/recipient.
<bullet> Form HUD-5381: Add a note to covered housing providers
that the use of the model form without adding program specific and
housing provider specific policies will not be sufficient to meet the
emergency transfer plan requirements. Add a definition section with
definitions taken from the regulation. Rename the section titled
``Emergency Transfer Timing and Availability'' to ``Emergency Transfer
Procedures'' and add two new sections, ``Emergency Transfer Policies''
section, which clarifies that the provider must specify their
individual policies for different categories of transfers (i.e.
internal or external transfers) where applicable, and a ``Priority for
Transfers'' section, which requires providers to provide any type of
priority being provided to a victim consistent with 24 CFR 5.2005(e)(3)
and (e)(6). Update the ``Confidentiality'' section to more closely
follow the regulation at 24 CFR 5.2007(c) and put individuals on notice
of confidentiality protections. Lastly, add a ``Making Plan Available''
section to describe how the plan will be made publicly available, where
possible.
<bullet> Form HUD-5382: Update the ``Submission of Documentation''
section to include information about reasonable accommodations.
<bullet> Form HUD-5383: Update the ``Confidentiality'' section to
use more plain language. Added information about family members in
household, current address, best method of contact, what type of
transfer is being requested, what features they want to request in a
safe unit, and optional documentation to include with form.
In addition, the Department seeks approval for the following
information collection activities required by VAWA 2013 and HUD's final
rule:
<bullet> Lease Addendum: The VAWA regulation includes certain
requirements that must be incorporated into tenants' leases.
<bullet> Emergency Transfer Reporting: CHPs must keep a record of
all emergency transfers requested under its emergency transfer plan,
and the outcomes of such requests, and retain these records for a
period of three years, or for a period of time as specified in program
regulations. Requests and outcomes of such requests must also be
reported to HUD annually. Requests and outcomes of such requests must
be reported to HUD annually. HUD proposes to include the following data
fields in its program reporting systems to help standardize the
information CHPs provide on emergency transfer requests and outcomes of
those requests:
[cir] Total number of VAWA Emergency Transfer Requests
[cir] Number of requests that resulted in Internal Transfers
[cir] Number of requests that resulted in External Transfers
[cir] Number of requests yet to be placed
[cir] Number of approved Emergency Transfer requests that resulted in
no transfer
[cir] Number of requests that did not qualify for Emergency Transfer
and were denied
[cir] Length of time needed to process emergency transfers
Consistent with House Report 116-109, part of the fiscal year 2022
Omnibus Spending Bill, Public Law 113-4, HUD is also adding a request
as part of this information collection to seek information about the
extent to which public housing agencies and owners, and managers have
adopted VAWA emergency transfer policies since the publication of the
Department's model emergency transfer plan, and the effectiveness of
those emergency transfer policies in allowing victims to access safe
housing. The information would include the type of covered housing
provider; a request for sharing their VAWA emergency transfer plan and
whether such plan is publicly available; how many VAWA emergency
transfer requests were received over the last three years and outcome
of those requests; a request for indicating if a waiting list
preference is available for victims of domestic violence, sexual
assault, dating violence, and stalking; information about
collaborations or coordination with consortiums or other providers for
purposes of providing housing and services for victims; whether a VAWA
service coordinator exists; and whether a VAWA lease bifurcation policy
exists. This information may be collected by way of email
communication, updated systems, or survey. This collection is also
consistent with reporting in 24 CFR part 5, subpart L. HUD expects to
request this information annually and it would take housing providers
one hour per annual submission.
<bullet> Lease Bifurcation Option: VAWA 2013 mandates that HUD
provide for lease bifurcation. In other words, CHPs may, subject to
their program rules and state and local law, bifurcate a lease in order
to evict or remove any member of a household who has allegedly engaged
in criminal activity directly relating to domestic violence, dating
violence, sexual assault, or stalking against an affiliated individual
or other individual, while allowing the victim and other members of the
household to remain. This is optional.
<bullet> Respondents (i.e. affected public): Public housing
agencies, private multifamily housing owners and management agents,
state and local agencies, and grant recipients.
Estimated Number of Respondents: 328,485.
Estimated Number of Responses: 7,969,000.
Frequency of Response: Varies. For the HUD-5380 and HUD-5382 there
are approximately 3,918 Public Housing and Housing Choice Voucher
respondents with 801 responses per respondent. For Multifamily Housing
there are approximately 23,000 respondents with 104 responses per
respondent. For HOME there are 1,874 respondents with approximately 62
responses. For HOPWA there are 255 respondents with 176 responses. For
Homelessness programs (CoC, ESG, Rural Housing Stability) there are
1,040 respondents with 410 responses.
Each respondent indicated will have to complete an emergency
transfer plan using the HUD-5381 or other format. For the HUD-5382
certification for documentation by survivor and emergency transfer
request there are approximately 210,725 responses. For the HUD-5382 and
HUD-5383 certification for documentation by professional and emergency
transfer request there are 69,714 responses.
[[Page 66726]]
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Frequency of Est. avg. time
24 CFR section and description of Number of response Annual for Annual hour
activity respondents (annual, per responses requirement burden Cost per hour Total cost
respondent) (hours)
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5.2005(a) Form HUD-5380: Notice of Occupancy Rights and form HUD-5382: Certification Form-Distribution and Review
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Public Housing and Housing Choice Voucher (HCV)
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Annual Average of Denied Admissions..... 3,918 7 27,426 0.08 2,194 $24 $52,658
Annual Average of new Households that 3,918 55 215,490 0.08 17,239 24 413,741
Move In................................
Annual Average of Eviction Notices Sent. 3,918 3 11,754 0.08 940 24 22,568
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Multifamily Housing
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Annual Average of Denied Admissions..... 23,000 15 345,000 0.08 27,600 24 662,400
Annual Average of new Households that 23,000 9 207,000 0.08 16,560 24 397,440
Move In................................
Annual Average of Eviction Notices Sent. 23,000 10 230,000 0.08 18,400 24 441,600
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HOME
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Annual Average of Denied Admissions..... 1,874 20 37,480 0.08 2,998 24 71,962
Annual Average of new Households that 1,874 16 29,984 0.08 2,399 24 57,569
Move In................................
Annual Average of Eviction Notices Sent. 1,874 8 14,992 0.08 1,199 24 28,785
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HOPWA
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Annual Average of Denied Admissions..... 255 20 5,100 0.08 408 24 9,792
Annual Average of new Households that 255 20 5,100 0.08 408 24 9,792
Move In................................
Annual Average of Eviction Notices Sent. 255 10 2,550 0.08 204 24 4,896
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Homeless (CoC, ESG, and Rural Housing Stability)
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Annual Average of Denied Admissions..... 1,040 5 5,200 1.5 7,800 24 187,200
Annual Average of new Households that 1,040 1 1,040 1.5 1,560 24 37,440
Move In................................
Annual Average of Eviction Notices Sent. 1,040 1 1,040 1.5 1,560 24 37,440
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5.2005(e) Form HUD-5381: Emergency Transfer Plan-Completion
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Public Housing and Housing Choice 3,918 1 3,918 8 31,344 24 752,256
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 1 23,000 8 184,000 24 4,416,000
HOME.................................... 11,874 1 1,874 8 14,992 24 359,808
HOPWA................................... 255 1 255 8 2,040 24 48,960
Homeless (CoC, ESG, and Rural Housing 1,040 1 1,040 4 4,160 24 99,840
Stability).............................
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5.2007(b) Form HUD-5382: Certification Form--Documentation by Survivor
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Public Housing and Housing Choice 3,918 10 39,180 0.33 12,929 7.25 93,738
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 6 138,000 0.33 45,540 7.25 330,165
HOME.................................... 1,874 15 28,110 0.33 9,276 7.25 67,253
HOPWA................................... 255 5 1,275 0.33 421 7.25 3,050
Homeless (CoC, ESG, and Rural Housing 1,040 4 4,160 0.5 2,080 7.25 15,080
Stability).............................
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5.2007(b)(1)(ii) Form HUD-5382: Certification Form--Documentation by Professional
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Public Housing and Housing Choice 3,918 3 11,754 0.5 5,877 24 141,048
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 2 46,000 0.5 23,000 24 552,000
HOME.................................... 1,874 5 9,370 0.5 4,685 24 112,440
HOPWA................................... 255 2 510 0.5 255 24 6,120
Homeless (CoC, ESG, and Rural Housing 1,040 2 2,080 0.5 1,040 24 24,960
Stability).............................
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5.2005(e) Form HUD-5383: Emergency Transfer Request--Documentation by Survivor
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Public Housing and Housing Choice 3,918 10 39,180 0.33 12,929 7.25 93,738
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 3 69,000 0.33 22,770 7.25 165,083
HOME.................................... 1,874 5 9,370 0.33 3,092 7.25 22,418
HOPWA................................... 255 5 1,275 0.33 421 7.25 3,050
Homeless (CoC, ESG, and Rural Housing 1,040 4 4,160 0.5 2,080 7.25 15,080
Stability).............................
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5.2005(e) Form HUD-5383: Emergency Transfer Request--Annual Reporting
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Public Housing and Housing Choice 3,918 1 3,918 1 3,918 24 94,032
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 1 23,000 1 23,000 24 552,000
HOME.................................... 1,874 1 1,874 3 5,622 24 134,928
HOPWA................................... 255 1 255 1 255 24 6,120
Homeless (CoC, ESG, and Rural Housing 1,040 1 1,040 1 1,040 24 24,960
Stability).............................
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5.2005(a) Lease Addendum--Distribution and Review
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Public Housing and Housing Choice 3,918 59 231,162 0.5 115,581 24 2,773,944
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 24 552,000 0.5 276,000 24 6,624,000
HOME.................................... 1,874 18 33,732 0.5 16,866 24 404,784
HOPWA................................... 255 50 12,750 0.5 6,375 24 153,000
Homeless (CoC, ESG, and Rural Housing 1,040 403 419,120 0.5 209,560 24 5,029,440
Stability).............................
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5.2009 Lease Bifurcation
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Public Housing and Housing Choice 3,918 4 15,672 8 125,376 24 3,009,024
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 4 92,000 2 184,000 24 4,416,000
HOME.................................... 1,874 3 5,622 2 11,244 24 269,856
HOPWA................................... 255 2 510 2 1,020 24 24,480
Homeless (CoC, ESG, and Rural Housing 1,040 0.5 520 1.5 780 24 18,720
Stability).............................
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NEW: Emergency Transfer Report
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Public Housing and Housing Choice 3,918 1 3,918 1 3,918 24 94,032
Voucher (HCV)..........................
Multifamily Housing..................... 23,000 1 23,000 0.5 11,500 24 276,000
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Grand Total......................... 328,485 Varies 7,968,918 Varies 2,856,717 .............. 339,292,658
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[[Page 66727]]
Notes:
<bullet> This matrix amends the one of the same titles provided in
the OMB Emergency PRA approval, 2577-0286, approved 12/13/2016, which
provided for 3,622,370 hours.
<bullet> For each category, HUD assumes the following breakdown of
Covered Housing Provider respondents in covered programs: 3,918 public
housing agencies that administer either or both public housing and HCV;
23,000 Multifamily Housing properties; 1,874 HOME Participating
Jurisdictions (PJs) and housing owners; 255 HOPWA grant recipients, and
1,040 Homeless (CoC, ESG, and Rural Housing Stability) grant
recipients.
<bullet> The ``Frequency of Response (annual, per respondent)'',
provides the estimated average of actions anticipated for each CHP in
each program area. For example, HUD estimates that each Multifamily
Housing property will deny assistance to 20 applicants each year.
Therefore, the total number of responses and total number of
Multifamily Housing assistance denials in one year is 23,000 x 20 =
460,000. Similarly, HUD estimates that each of the 255 HOPWA grant
recipients will receive 5 completed Certification forms each year. The
total number of responses and total number of certifications received
in the HOPWA program in one year is 255 x 5 = 1,275.
<bullet> The $24 hourly rate is based on an average salary of
$50,000 per annum. An internet search on 11/5/2020 shows housing
specialist positions with an average of $40,000 per annum and $55,000
per annum for residential property managers. This dollar amount is a
reasonable average for employees of CHPs at differing levels of
seniority.
<bullet> $7.25 is used as the cost to tenants, as it is the federal
minimum hourly wage amount.
Average Hours per Response: 0.39.
Total Estimated Burdens: 2,856,718.
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
(5) HUD solicits comment on the implementation of the requirement
that covered housing providers must keep a record of all emergency
transfers requested under its emergency transfer plan, and the outcomes
of such requests, and that such data must be reported to HUD annually.
Specifically, is HUD's list of potential outcomes adequate or are there
outcomes that should be added or modified? Further, HUD proposes to
collect data on the ``length of time'' for emergency transfers to be
implemented. What is an appropriate measure for ``length of time'' for
emergency transfers? Should a covered housing provider only measure
from when the emergency transfer was requested to approval/denial and/
or should it be measured to move-in date? If a victim is issued a
Housing Choice Voucher (HCV) as a result of their emergency transfer
request, should the length of time be measured from request to voucher
issuance and/or lease-up date? Should covered housing providers be able
to explain the circumstances that affected the length of time for
emergency transfers (e.g., the victim turned down offered units due to
safety concerns)?
HUD encourages interested parties to submit comment in response to
these questions.
C. Authority
Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C.
3507.
Laura Miller-Pittman,
Chief Office of Policy, Programs and Legislative Initiatives.
BILLING CODE P
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[FR Doc. 2022-24070 Filed 11-3-22; 8:45 am]
BILLING CODE C
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