Proposed Rule2023-01345
Certification of Tribal Housing Counselors
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 26, 2023
Issuing agencies
Housing and Urban Development Department
Abstract
HUD's Housing Counseling Program provides, through HUD- approved counseling agencies and State housing finance agencies, counseling to individuals seeking information about financing, maintaining, renting, or owning a home. The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Housing and Urban Development Act of 1968 to improve the effectiveness of the housing counseling program by, among other things, requiring that entities and individual counselors be certified by HUD as competent to provide such counseling services. In 2016, HUD implemented these requirements for most HUD programs but agreed to conduct consultation with Tribes before implementing the new housing counselor certification requirement for Tribes. After consulting with Tribes, HUD proposes a housing counselor certification option for employees of Tribes, Tribally Designated Housing Entities (TDHE), and other Tribal entities conducting housing counseling required or provided in connection with the Indian Housing Block Grant (IHBG) and the Indian Community Development Block Grant (ICDBG) programs. The proposed rule provides an alternative regulatory standard for compliance with the Dodd-Frank Act's counselor certification requirement that recognizes Tribal sovereignty and self- determination, and accounts for the unique status of Tribal land and housing programs in Indian Country.
Full Text
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<title>Federal Register, Volume 88 Issue 17 (Thursday, January 26, 2023)</title>
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[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Proposed Rules]
[Pages 4923-4928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01345]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 214, 1000, and 1003
[Docket No. FR-6322-P-01]
RIN 2502-AJ64
Certification of Tribal Housing Counselors
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, Department of Housing and Urban Development (HUD); Office
of the Assistant Secretary for Public and Indian Housing, HUD.
ACTION: Proposed rule.
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SUMMARY: HUD's Housing Counseling Program provides, through HUD-
approved counseling agencies and State housing finance agencies,
counseling to individuals seeking information about financing,
maintaining, renting, or owning a home. The Dodd-Frank Wall Street
Reform and Consumer Protection Act amended the Housing and Urban
Development Act of 1968 to improve the effectiveness of the housing
counseling program by, among other things, requiring that entities and
individual counselors be certified by HUD as competent to provide such
counseling services. In 2016, HUD implemented these requirements for
most HUD programs but agreed to conduct consultation with Tribes before
implementing the new housing counselor certification requirement for
Tribes. After consulting with Tribes, HUD proposes a housing counselor
certification option for employees of Tribes, Tribally Designated
Housing Entities (TDHE), and other Tribal entities conducting housing
counseling required or provided in connection with the Indian Housing
Block Grant (IHBG) and the Indian Community Development Block Grant
(ICDBG) programs. The proposed rule provides an alternative regulatory
standard for compliance with the Dodd-Frank Act's counselor
certification requirement that recognizes Tribal sovereignty and self-
determination, and accounts for the
[[Page 4924]]
unique status of Tribal land and housing programs in Indian Country.
DATES: Comment due date: March 27, 2023.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to the Regulations Division, Office of General
Counsel, Department of Housing and Urban Development, 451 7th Street
SW, Room 10276, Washington, DC 20410-0500. Communications must refer to
the above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
<a href="http://www.regulations.gov">www.regulations.gov</a> website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must be
submitted through one of the two methods specified above. Again, all
submissions must refer to the docket number and title of this proposed
rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public
3. Inspection of Public Comments. All properly submitted comments
and communications submitted to HUD will be available for public
inspection and copying between 8 a.m. and 5 p.m., weekdays, at the
above address. Due to security measures at the HUD Headquarters
building, an appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (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 or 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 all comments submitted are available for inspection and
downloading at <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: David Valdez, Office of Housing
Counseling, Office of Housing, Department of Housing and Urban
Development, 1331 Lamar St. Suite 550, Houston, TX 77002; telephone
number 713-718-3178 (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 or 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>.
SUPPLEMENTARY INFORMATION:
I. Background
In 2010, the Dodd-Frank Wall Street Reform and Consumer Protection
Act (Pub. L. 111-203, 124 Stat. 1376, approved July 21, 2010) amended
section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x), hereinafter referred to as section 106, established the Office
of Housing Counseling (OHC) and directed HUD to issue regulations
necessary to carry out the testing and certification of housing
counselors in HUD programs. The section 106 amendments require that
individuals providing housing counseling required under or provided in
connection with HUD programs be certified by taking and passing an
examination administered by HUD's Office of Housing Counseling (HUD
certified housing counselors) (12 U.S.C. 1701x(e)).
A. HUD's Current Certification Requirement
On December 14, 2016, HUD published a final rule implementing the
section 106 certification requirements, including the requirement that,
as explained in the rule preamble, ```housing counseling' . . . that is
`required by or in connection with' HUD programs, may only be provided
by HUD-certified housing counselors working for HUD-approved [housing
counseling agencies] that are approved to provide such housing
counseling by HUD's Office of Housing Counseling.'' See 81 FR 90632.
However, the certification final rule stated that the application of
section 106 to HUD's Native American Housing Programs would undergo
consultation prior to implementation, pursuant to HUD's Government-to-
Government Tribal Consultation Policy. As a result, the counselor
certification requirement currently applies to all HUD programs except
the IHBG and ICDBG programs.
HUD-approved housing counseling agencies must be (1) nonprofit
organizations as described under section 501(c) of the Internal Revenue
Code of 1986 (IRC) that are exempt from taxation under section 501(a)
of the IRC; and (2) approved by HUD, in accordance with 24 CFR part 214
and section 106(e) of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x(e)), to provide housing counseling services to clients
directly, or through their affiliates or branches. To become a
certified housing counselor, one must be employed by a participating
agency, including a HUD-approved housing counseling agency or a unit of
State or local government, and pass a standardized, written housing
counseling certification examination to demonstrate competency in the
following areas: (1) Financial management; (2) property maintenance;
(3) responsibilities of homeownership and tenancy; (4) fair housing
laws and requirements; (5) housing affordability; and (6) avoidance of,
and response to, rental or mortgage delinquency and avoidance of
eviction or mortgage default. 24 CFR 214.103(n).
Today, only a small number of Tribal entities participate in HUD's
housing counseling program. These Tribal entities have been recognized
as unit of local, county, or state government or have formed a tax-
exempt non-profit organization and applied to be a HUD-approved housing
counseling agency and employ housing counselors directly to provide the
counseling required under HUD programs. Most Tribes, TDHEs, and Tribal
entities, however, remain ineligible to become HUD-approved housing
counseling agencies. As such, Tribes are generally not eligible to
receive HUD housing counseling grants.
B. Tribal Consultation
In 2021, HUD hosted two virtual Tribal consultations and six
listening sessions to obtain feedback on the implementation of the
counselor certification requirements as it applies to the IHBG and
ICDGB programs. During HUD consultation sessions, Tribes raised
concerns regarding a perceived lack of consideration for Tribal
sovereignty and expressed concerns with applying the HUD housing
counselor certification requirements to Tribes. Tribes also
[[Page 4925]]
described the unique housing services needed in their communities and
their need to self-determine their housing priorities based on local
needs.
Another area of concern raised by the Tribes was the irrelevancy of
some questions and lack of important content in the current counselor
certification exam. For example, counseling on Tribal land requires
knowledge of unique property and administrative requirements that apply
to trust land and other restricted Tribal lands held in trust by the
Department of the Interior. Similarly, civil rights laws pursuant to
statutes like the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA), which
authorizes the IHBG program and the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) (HCDA), which authorizes the ICDBG
program, do not apply to Tribes in the manner in which they do for
other HUD program participants, and current test requirements do not
reflect the unique way that civil rights requirements apply to Tribes
and other Tribal grantees under HUD programs.
To account for these issues, Tribes suggested HUD allow them to use
another organization's Native American counseling training and exam
certification (e.g., Pathways, NeighborWorks, etc.) or, in the
alternative, for HUD to create a tailored Tribal counselor
certification exam. Tribes also raised concerns with having to meet the
requirements of the housing counseling program. Importantly, Tribes
anticipated difficulty meeting threshold eligibility criteria such as
being a tax-exempt nonprofit organization as described in IRC 501(c),
and other requirements such as minimum number of clients served,
maintaining facilities, work plan and geographic scope descriptions,
professional experience, and recordkeeping and reporting. Tribes cited
the unique nature of conducting Tribal counseling with limited
financial and human capital resources that often lack adequate
communication and physical infrastructure and the lack of availability
of housing counselors in remote areas. To address these concerns, HUD
was asked to exempt Tribes, TDHEs, and Tribal entities from compulsory
participation in the existing housing counseling program unless the
entities also provide housing counseling under, or in connection with,
other HUD programs (programs other than IHBG and ICDBG).
II. This Proposed Rule
As required by the Dodd-Frank Act and after consultation with
Tribes, HUD proposes to implement the certification requirements for
Tribes, TDHEs, and other Tribal entities conducting housing counseling
required or provided in connection with the IHBG and ICDBG programs.
Housing Counseling is independent, expert advice customized to the need
of the consumer to address the consumer's housing barriers and to help
achieve their housing goals and must include the following processes:
intake; financial and housing affordability analysis; an action plan,
except for reverse mortgage counseling; and a reasonable effort to have
follow-up communication with the client when possible. HUD believes
this proposed rule implements counselor certification for IHBG and
ICDBG, two Native American programs, in a way that considers the
substantial Tribal feedback provided by Tribes during consultation
while also still complying with the requirement in the Dodd-Frank Act
that counseling conducted under the IHBG and ICDBG programs be carried
out by HUD-certified counselors.
A. Tribal Housing Counseling Certification
This proposed rule would amend 24 CFR part 214 by adding a new
subpart F to establish certification requirements that apply only for
the IHBG and ICDBG programs. Specifically, for counseling ``required by
or in connection with'' the IHBG and ICDBG programs, an individual may
become a ``HUD-certified housing counselor'' by working for a
participating agency and meeting all requirements of part 214,
including passing a housing counseling certification examination under
Sec. 214.103(n), or, by working for an Indian tribe, TDHE, or other
Tribal entity, and passing a housing counseling certification
examination under paragraph (c) of the new Sec. 214.6 (subpart F). The
housing counseling certification examination under Sec. 214.6(c) will
be the housing counseling certification examination under Sec.
214.103(n) with adjustments to certain exam components for tribes in a
manner that comports with section 106(e)(2). Under Sec. 214.6(d), if
an individual working for an Indian tribe, TDHE, or other Tribal entity
provides housing counseling for other HUD programs, however, that
individual would still need to comply with the existing housing
counseling certification requirement of 24 CFR 214.103(n) (e.g., pass
the examination and work for a HUD-approved housing counseling agency).
With respect to any housing counselor that is providing housing
counseling required by or in connection with the IHBG and ICDBG
programs and qualifies to do so based on the criterion in proposed 24
CFR 214.600(b)(1), HUD strongly recommends additional training. Such
training should help the counselor become knowledgeable of Federal
Indian law, the unique status of trust land, the role of the Bureau of
Indian Affairs in mortgage and realty-related transactions and matters,
the role played by Indian tribes to grant leases on trust land, and
more.
Section 106 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701x) in relevant part requires that the housing counselor
demonstrate competence through a written examination showing competency
in ``fair housing laws and requirements.'' 12 U.S.C. 1701x(e)(2)(D).
Section 201(b)(6) of NAHASDA states that Title VI of the Civil Rights
Act of 1964, and the Fair Housing Act ``shall not apply to actions by
federally recognized tribes and the tribally designated housing
entities of those tribes under this Act.'' The regulations at 24 CFR
1000.12 and 1003.601 state which nondiscrimination requirements apply
to the IHBG and ICDBG programs, respectively. The housing counseling
examination required under the new subpart F will account for this
distinction of fair housing laws pertaining to Tribes. The examination
will also be appropriately tailored to reflect the unique status of
trust land.
HUD recognizes that costs will be incurred as a result of the
written examination requirement. In the past, HUD has been able to
present the examination in the most cost-efficient way feasible and
offered both on-line and in-person examinations at a low cost. In
addition, HUD has offered free study materials for individuals to use
in preparation for the examination. HUD will seek to modify these
materials to account for any tailored exam components that it develops
to implement this rule.
B. New Definitions in Sec. 214.3 and a New Sec. 214.600
To conform to the change in the new subpart F, this proposed rule
would amend the definition of ``HUD certified housing counselor'' at
Sec. 214.3. Under the current definition, certification requires
passing the HUD Certification exam and working for a participating
housing counseling agency. Given the proposal to expand a certified
counselor to include one who is certified by HUD as competent to
provide housing counseling services pursuant to the new Sec. 214.600,
this definition would include that additional process for becoming a
certified housing counselor. This
[[Page 4926]]
proposed rule would also add a definition of ``tribally designated
housing entity'' at Sec. 214.3 to codify the statutory definition at
25 U.S.C. 4103 in HUD's housing counseling regulations.
C. IHBG Housing Counseling Requires HUD Certification
This proposed rule would amend IHBG program regulations by adding
Sec. 1000.66 to require that housing counseling, as defined in 24 CFR
5.100, that is funded with or provided in connection with IHBG funds
must be carried out in accordance with 24 CFR 5.111. In addition, this
paragraph would provide that housing counseling conducted in connection
with the IHBG program may only be conducted by individuals who are HUD-
certified in accordance with 24 CFR part 214, including the new
requirements promulgated by this proposed rule at Sec. 214.3 and the
new Sec. 214.600.
D. ICDBG Housing Counseling Requires HUD Certification
This proposed rule would amend ICDBG program regulations by adding
Sec. 1003.609 to require that housing counseling, as defined in 24 CFR
5.100, that is funded with or provided in connection with ICDBG funds
must be carried out in accordance with 24 CFR 5.111. In addition, this
paragraph would provide that housing counseling conducted in connection
with the ICDBG program may only be conducted by individuals who are
HUD-certified in accordance with 24 CFR part 214, including the new
requirements promulgated by this proposed rule at Sec. 214.3 and the
new Sec. 214.600.
III. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to identify and consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public.
HUD's Housing Counseling Program provides, through HUD-approved
counseling agencies and state housing finance agencies, counseling to
individuals seeking information about financing, maintaining, renting,
or owning a home. In 2010, the Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111-203 (``Dodd-Frank Act''),
amended section 106 of the Housing and Urban Development Act of 1968,
12 U.S.C. 1701x, to improve the effectiveness of the housing counseling
program by, among other things, requiring that entities and individual
counselors be certified by HUD as competent to provide such counseling
services. In 2016, HUD published a final rule implementing these
requirements for most HUD programs but agreed to conduct consultation
with Tribes before applying the new housing counselor certification
requirement to HUD's Native American Housing Programs, pursuant to
HUD's Government-to-Government Tribal Consultation Policy. As a result,
the counselor certification requirement currently applies to all HUD
programs except the Indian Housing Block Grant (IHBG) and Indian
Community Development Block Grant (ICDBG) programs.
HUD consulted with Tribes in 2021 in accordance with HUD's
Government-to-Government Tribal Consultation Policy and the January 26,
2021, Presidential Memorandum on Tribal Consultation and Strengthening
Nation-to-Nation Relationships. As a result of this Tribal
consultation, HUD is proposing a more streamlined housing counselor
certification option for employees of Tribes, Tribally Designated
Housing Entities (TDHE), and other Tribal entities conducting housing
counseling required or provided in connection with the IHBG and ICDBG
programs. The proposed rule would amend HUD's existing Housing
Counseling Program regulations at 24 CFR part 214 to allow the
relatively small number of 435 IHBG and ICDBG grantees in total to
either use an existing HUD-approved housing counseling agency or to
have an employee complete the housing counseling certification
examination that is currently required of all counselors at HUD-
approved housing counseling agencies. The proposed rule would similarly
amend the IHBG and ICDBG program regulations at Sec. Sec. 1000.66 and
1003.609 to require that housing counseling that is funded with or
provided in connection with IHBG or ICDBG funds be carried out in
accordance with existing Sec. 5.111, and that housing counseling for
these programs may only be conducted by individuals certified in
accordance with 24 CFR part 214.
This proposed rule brings HUD's IHBG and ICDBG Programs into
compliance with the section 106 statutory requirements, which were
added by the Dodd-Frank Act and have applied to other HUD programs
since 2016. This proposed rule would provide a streamlined compliance
option consistent with the statutory requirement and responsive to
tribal consultation. This rule was not subject to OMB review. This rule
is not a ``significant regulatory action'' as defined in section 3(f)
of Executive Order 12866, and is not an economically significant
regulatory action.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.),
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
This proposed rule would revise the regulations governing HUD's Housing
Counseling Program to reflect changes to the program made by the Dodd-
Frank Act, primarily the requirement that housing counseling required
under or provided in connection with all HUD programs, including the
IHBG and ICDBG programs, be carried out by certified housing
counselors.
As discussed in this preamble, to date, HUD's Housing Counseling
Program, under 24 CFR part 214, has not approved certification criteria
for Tribes, TDHEs, and Tribal entities conducting housing counseling
exclusively funded under or in connection with the IHBG and ICDBG
programs. The key change made to the Housing Counseling Program by this
proposed rule is the requirement to certify counselors providing
counseling funded under or in connection with these two programs.
HUD has determined that the requirement for individual counselors
to be certified, as proposed to be implemented by this proposed rule,
will not have a significant economic impact on small entities. The rule
provides a three-year transition period after the effective date of the
final rule for individual counselors to be certified. This three-year
period provides ample notice of the need to be skilled in the required
areas. Notwithstanding HUD's determination that this proposed rule will
not have a significant economic
[[Page 4927]]
impact on a substantial number of small entities, HUD specifically
invites comments regarding less burdensome alternatives to this
proposed rule, that will meet HUD's objectives as described in this
proposed rule.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This proposed rule would not have
federalism implications and would not impose substantial direct
compliance costs on state and local governments or preempt state law
within the meaning of the Executive order.
Paperwork Reduction Act
The information collection requirements contained in this proposed
rule have been submitted to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In
accordance with the Paperwork Reduction Act, an agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless the collection displays a currently valid OMB
control number.
The burden of the information collections in this proposed rule is
estimated as follows:
----------------------------------------------------------------------------------------------------------------
Estimated
Number of Number of average time Estimated
Section reference respondents responses per for requirement annual burden
respondent (in hours) (in hours)
----------------------------------------------------------------------------------------------------------------
24 CFR 214.600.............................. 99 2.5 .25 61.875
----------------------------------------------------------------------------------------------------------------
Reporting and Recordkeeping Burden
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning this
collection of information to:
(1) Evaluate 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) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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.
Interested persons are invited to submit comments regarding the
information collection requirements in this rule. Comments must refer
to the proposal by name and docket number (FR-6322-P-01) and must be
sent to:
HUD Desk Officer, Office of Management and Budget, New Executive Office
Building, Washington, DC 20503, Fax number: (202) 395-6947
and
Colette Pollard, Reports Management Officer, Department of Housing and
Urban Development, 451 Seventh Street SW, Washington, DC 20410
Environmental Impact
This proposed rule does not direct, provide for assistance or loan
and mortgage insurance for, or otherwise govern or regulate real
property acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction; or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
proposed rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal
agencies to assess the effects of their regulatory actions on State,
local, and Tribal governments, and on the private sector. This proposed
rule does not impose any Federal mandates on any State, local, or
Tribal government, or on the private sector, within the meaning of the
UMRA.
List of Subjects
24 CFR Part 214
Administrative practice and procedure, Loan program--housing and
community development, Organization and functions (government
agencies), Reporting and record-keeping requirements.
24 CFR Part 1000
Aged, Community development block grants, Grant programs--housing
and community development, Grant programs--Indians, Indians,
Individuals with disabilities, Low and moderate income housing, Public
housing, Reporting and recordkeeping.
24 CFR Part 1003
Alaska, Community development block grants, Grant programs--housing
and community development, Indians, Reporting and recordkeeping
requirements.
Accordingly, for the reasons stated above, HUD proposes to amend 24
CFR parts 214, 1000, and 1003 as follows:
PART 214--HOUSING COUNSELING PROGRAM
0
1. The authority citation for part 214 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x-1; 42 U.S.C. 3535(d).
0
2. In Sec. 214.3, revise the definition of ``HUD certified housing
counselor'' and add the definition of ``Tribally designated housing
entity'' in alphabetical order to read as follows:
Sec. 214.3 Definitions.
* * * * *
HUD certified housing counselor. A housing counselor who has passed
the HUD Certification examination:
(1) Works for a participating agency and is certified by HUD as
competent to provide housing counseling services pursuant to this part;
or
(2) Works for an Indian tribe, tribally designated housing entity
(TDHE), or other tribal entity and is certified by HUD as competent to
provide housing counseling services pursuant to Sec. 214.600.
* * * * *
Tribally designated housing entity. See definition at 25 U.S.C.
4103.
* * * * *
0
3. Add subpart F to read as follows:
[[Page 4928]]
Subpart F--Certification of Tribal Housing Counselors
Sec. 214.600 Tribal housing counseling certification.
(a) This subpart applies only to housing counseling required under
or provided in connection with the Indian Housing Block Grant (IHBG)
program or the Indian Community Development Block Grant (ICDBG)
program. Indian tribes, tribally designated housing entities (TDHEs),
and other tribal entities funding housing counseling required under or
provided in connection with IHBG or ICDBG programs shall not be subject
to the requirements of this part, except as otherwise provided in this
section.
(b) Housing counseling required under or provided in connection
with IHBG or ICDBG programs must be provided by a HUD-certified housing
counselor. A HUD-certified housing counselor must be certified either:
(1) By working for a participating agency and complying with all
the requirements of this part to include passing a housing counseling
certification examination under Sec. 214.103(n); or
(2) By working for an Indian Tribe, TDHE, or other tribal entity
and passing a housing counseling certification examination under
paragraph (c) of this section.
(c) HUD will certify an individual housing counselor to provide
housing counseling required under or provided in connection with IHBG
or ICDBG programs upon verification that the person:
(1) Passes a standardized written examination to demonstrate
competency in each of the following areas:
(i) Financial management;
(ii) Property maintenance;
(iii) Responsibilities of homeownership and tenancy;
(iv) Fair housing laws and requirements;
(v) Housing affordability; and
(vi) Avoidance of, and response to, rental or mortgage delinquency
and avoidance of eviction or mortgage default; and
(2) Works for an Indian tribe, TDHE, or other tribal entity.
(d) To provide housing counseling required under or provided in
connection with HUD programs other than the IHBG and ICDBG programs, an
individual working for an Indian tribe, TDHE, or other tribal entity
must meet the housing counseling certification requirement under Sec.
214.103(n) (e.g., pass the examination and work for a HUD-approved
housing counseling agency).
PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES
0
4. The authority citation for part 1000 continues to read as follows:
Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).
0
5. Add Sec. 1000.66 to read as follows:
Sec. 1000.66 Housing counseling.
Housing counseling, as defined in 24 CFR 5.100, that is required
under or provided in connection with IHBG funds must be carried out in
accordance with 24 CFR 5.111. Housing counseling conducted in
connection with the IHBG program may only be conducted by individuals
who are HUD-certified in accordance with 24 CFR part 214.
PART 1003--COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND
ALASKA NATIVE VILLAGES
0
6. The authority citation for part 1003 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 5301 et seq.
0
7. Add Sec. 1003.609 to read as follows:
Sec. 1003.609 Housing counseling.
Housing counseling, as defined in 24 CFR 5.100, that is funded with
or provided in connection with ICDBG funds must be carried out in
accordance with 24 CFR 5.111. Housing counseling conducted in
connection with the ICDBG program may only be conducted by individuals
who are HUD-certified in accordance with 24 CFR part 214.
Julia Gordon,
Office of the Assistant Secretary for Housing--Federal Housing
Administration Commissioner.
Dominique Blom,
General Deputy Assistant Secretary, Office of Public and Indian
Housing.
[FR Doc. 2023-01345 Filed 1-25-23; 8:45 am]
BILLING CODE 4210-67-P
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</html>Indexed from Federal Register on January 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.