Notice2023-00125
30-Day Notice of Proposed Information Collection: Public/Private Partnerships for the Mixed-Finance Development of Public Housing Units
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
January 9, 2023
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 88 Issue 5 (Monday, January 9, 2023)</title>
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[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1285-1287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00125]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7050-N-70; OMB Control No. 2577-0275]
30-Day Notice of Proposed Information Collection: Public/Private
Partnerships for the Mixed-Finance Development of Public Housing Units
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: February 8, 2023.
[[Page 1286]]
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#054a4c57445a767067686c76766c6a6b456a68672b606a752b626a73"><span class="__cf_email__" data-cfemail="d49b9d86958ba7a1b6b9bda7a7bdbbba94bbb9b6fab1bba4fab3bba2">[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.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, REE, Department of Housing and Urban Development, 451 7th
Street SW, Room 8210, Washington, DC 20410-5000; telephone 202-402-3400
(this is not a toll-free number). 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. 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 28, 2022, at 87 FR 45352.
A. Overview of Information Collection
Title of Proposal: Public/Private Partnerships for the Mixed-
Finance Development of Public Housing Units.
OMB Control Number: 2577-0275.
Type of Request: Reinstatement with change of a currently approved
collection.
Form Number: HUD-50156, HUD-50157, HUD-50158, HUD-50159, HUD-50160,
HUD-50161, HUD-52190. This PRA also includes two new forms: The Mixed
Finance Amendment to the Annual Contributions Contact and the Mixed
Finance Development Proposal for Faircloth to RAD Transactions.
Description of the need for the information and proposed use: The
Quality Housing and Work Responsibility Act of 1998 (Pub. L. 195-276,
approved October 21, 1998), also known as the Public Housing Reform
Act, created Section 35 of the U.S. Housing Act of 1937, 42 U.S.C.
1437z-7.1437. Section 35 allows Public Housing Authorities (PHAs) to
own, operate, assist, or otherwise participate in the development and
operation of mixed-finance projects. Mixed-finance development refers
to the development or rehabilitation of public housing, where the
public housing units are owned in whole or in part by an entity other
than a PHA. Prior to this, all public housing had to be developed and
owned by a PHA. However, Section 35 allows PHAs to provide Section 9
Capital Funds and Operating Funds to mixed-finance projects, which are
also financially assisted by private financing and other resources
including tax credit equity, private mortgages and other federal,
state, or local funds. Section 35 also allows non-PHA owner entities to
own and operate mixed-finance projects that contain only public housing
units or both public housing and non-public housing units. Mixed-
finance real estate development or rehabilitation transactions also
help to extend public housing appropriations for housing development
and to support the development of mixed-income housing in which public
housing residents are anonymously mixed in with affordable and market
rate housing residents.
In order to approve the development of mixed-finance projects, HUD
collects certain information from each PHA/Ownership Entity. Under
current regulations, HUD collects and reviews the essential documents
included in this Information Collection Request (ICR) in order to
determine approval. After approval is given and the documents are
recorded by the associated county, HUD collects the recorded versions
of the documents in this ICR, along with financing and legal agreements
that the PHA/owner entity has with HUD and with third-parties in
connection with that mixed-finance project. This includes unique legal
documents along with standardized forms and ``Certifications and
Assurances'' which are not exempted under PRA.
The regulations that govern the processing of mixed-finance public
housing projects are at 24 CFR part 905, subpart F. In accordance with
these regulations, HUD collects information to ensure that the proposed
mixed-finance development has sufficient funds to reach completion;
will remain financially viable during its operating period; will follow
HUD's legal and programmatic guidelines for housing project development
or rehabilitation, ownership, and use restrictions; and will preserve
HUD's rights to the project during its HUD-required affordability
period. Information on HUD-prescribed forms and in HUD-prescribed
contracts and agreements, along with other supplemental information
called for in 24 CFR part 905, provides HUD with sufficient information
to determine whether the project should be approved and whether funds
should or should not be reserved or a contractual commitment made.
Specifically, regulations at 24 CFR 905.606, ``Development Proposal,''
state that a Mixed-finance Development Proposal (Proposal) must be
submitted to HUD to facilitate approval of the development of public
housing. The subsection also lists the information that is required in
the Proposal. The documentation required is submitted using the
collection documents (ICs) in this ICR.
HUD's Mixed-finance Development Proposal, and associated documents,
can also be used to facilitate the approval of non-public housing
developments whose development and/or operations are supported with
Section 9 funds. For instance, Choice Neighborhoods grantees must use
the Mixed-Finance Development Proposal to obtain HUD approval of their
proposed housing development projects, even if those projects do not
include public housing units. Moving to Work (MTW) agencies can also
use this form to secure HUD approval of local, non-traditional
development projects; however, it is not mandatory for them to do so.
The Proposal notes requirements that apply to Choice Neighborhoods
grantees and MTW agencies specifically. A PHA that is refinancing an
existing Mixed-Finance project can also use the Proposal to secure HUD
approval.
This ICR was last updated in FY 2018. Since that time, minor
updates have been made to the Proposal to clarify instructions for
grantees. The HUD Declaration of Trust/Declaration of Restrictive
Covenants (DOT/DORC), which was previously approved under a separate
PRA, is also being included in this submission, along with the Mixed
Finance Amendment to the Annual Consolidated Contract. HUD is also
including a revised version of the Mixed Finance Development Proposal
that can be used for Faircloth to RAD transactions and that includes
specific requirements for those projects. The list of documents being
requested in this ICR have also been updated to reflect current
practices: A couple documents no longer collected as part of the Mixed
Finance review process have been removed. This ICR also adds the Ground
Lease, Memorandum of Ground Lease, Management Agreement, Management
Plan and Sample Tenant Lease to the list of evidentiary documents
collected via this ICR. These documents were previously grouped
together in this ICR under the category of ``Mixed Finance
[[Page 1287]]
Evidentiary Documents.'' However, now the documents are being listed
individually to provide greater clarity. Finally, the number of
respondents has been adjusted since the last time this ICR was updated
to more accurately reflect the current number of annual submissions.
Members of affected public: Public Housing Agencies, Developers.
Estimation of the total number of hours needed to prepare the
information collection including number of respondents, frequency of
response, and hours of response:
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Number of Total Hours per Cost per
Form/document respondents Frequency responses response Total hours hour Total cost
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HUD-50156: Mixed-Finance Development Proposal Calculator.. 40 1 40 4 160 $50 $8,000
HUD-50157: Mixed-Finance Development Proposal............. 40 1 40 16 640 50 32,000
HUD-XXXXX: Mixed-Finance Development Proposal for 15 1 15 16 240 50 12,000
Faircloth to RAD Transactions............................
HUD-XXXXX: Mixed-Finance Amendment to the Annual 40 1 40 24 960 50 48,000
Contributions Contract...................................
HUD-50158: Mixed-Finance Homeownership Certifications and 10 1 10 0.25 3 50 125
Assurances...............................................
HUD-50059: Mixed-Finance Homeownership Term Sheet......... 10 1 10 16 160 50 8,000
HUD-50160: Mixed-Finance and Homeownership Pre-Funding 10 1 10 0.25 3 50 125
Certifications and Assurances............................
HUD-50161: Mixed-Finance Certifications and Assurances.... 40 1 40 0.25 10 50 500
HUD 52190: Mixed-Finance Declaration of Restrictive 40 1 40 0.25 10 250 2,500
Covenants................................................
UNIQUE LEGAL DOCUMENTS: Management Plan, Management 40 1 40 15 600 250 150,000
Agreement and Sample Tenant Lease........................
UNIQUE LEGAL DOCUMENT: Regulatory and Operating Agreement. 40 1 40 8 320 250 80,000
UNIQUE LEGAL DOCUMENTS: Ground Lease and Memorandum of 40 1 40 24 960 250 240,000
Ground Lease.............................................
UNIQUE LEGAL DOCUMENT: ATLA Survey........................ 40 1 40 12 480 50 24,000
UNIQUE LEGAL DOCUMENT: Mixed-Finance Legal Opinion........ 40 1 40 1 40 250 10,000
UNIQUE LEGAL DOCUMENT: Mixed-Finance Final Title Policy... 40 1 40 16 640 250 160,000
UNIQUE LEGAL DOCUMENTS: Mixed-Finance Homeownership 10 1 10 16 160 250 40,000
Addendum.................................................
UNIQUE LEGAL DOCUMENT: Mixed-Finance Homeownership 10 1 10 0.25 3 50 125
Declaration of Restrictive Covenants.....................
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Totals................................................ 505 ........... 505 169.25 5,388 ........... 815,375
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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) 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 technology.
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.
Chapter 35.
Colette Pollard,
Department Reports Management Officer, Office of Policy Development and
Research, Chief Data Officer.
[FR Doc. 2023-00125 Filed 1-6-23; 8:45 am]
BILLING CODE 4210-67-P
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