Notice2023-12162
30-Day Notice of Proposed Information Collection: Family Report, MTW Family Report, MTW Expansion Family Report; OMB Control No. 2577-0083
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
June 7, 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 30 days of public comment.
Full Text
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<title>Federal Register, Volume 88 Issue 109 (Wednesday, June 7, 2023)</title>
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[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37260-37264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12162]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7070-N-30]
30-Day Notice of Proposed Information Collection: Family Report,
MTW Family Report, MTW Expansion Family Report; OMB Control No. 2577-
0083
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 30 days of public comment.
DATES: Comments Due Date: July 7, 2023.
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="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, 7th Street
SW, Room 8210, Washington, DC 20410; email Colette Pollard at
<a href="/cdn-cgi/l/email-protection#d080b1a0b5a2a7bfa2bb82b5b4a5b3a4b9bfbe91b3a49fb6b6b9b3b590b8a5b4feb7bfa6"><span class="__cf_email__" data-cfemail="095968796c7b7e667b625b6c6d7c6a7d606667486a7d466f6f606a6c49617c6d276e667f">[email protected]</span></a> or 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 or communication disabilities.
[[Page 37261]]
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
February 28 2023 at 88 FR 8301.
A. Overview of Information Collection
Title of Information Collection: Family Report, MTW Family Report,
MTW Expansion Family Report.
OMB Approval Number: 2577-0083.
Type of Request: Revision of a currently approved collection.
Form Number: Form HUD-50058 Family Report, HUD-50058 MTW Family
Report, Form HUD-50058 MTW Expansion Family Report.
Description of the need for the information and proposed use: The
Office of Public and Indian Housing of the Department of Housing and
Urban Development (HUD) provides funding to public housing agencies
(PHAs) to administer assisted housing programs. Form HUD-50058, Form
HUD-50058 MTW, and Form HUD-50058 MTW Expansion Family Reports solicit
demographic, family profile, income, and housing information on the
entire nationwide population of tenants residing in assisted housing.
The information collected through the Form HUD-50058 will be used to
monitor and evaluate the Public Housing, Section 8 Housing Choice
Voucher, Section 8 Project-Based Vouchers, and Section 8 Moderate
Rehabilitation programs. The information collected through the Form
HUD-50058 MTW will be used to monitor and evaluate current Moving to
Work (MTW) PHAs participating in the MTW Demonstration program which
includes the Public Housing, Section 8 Housing Choice Voucher, and
Section 8 Project-Based Vouchers programs. The information collected
through the Form HUD-50058 MTW Expansion will be used to monitor and
evaluate the expansion MTW PHAs (PHAs designated as MTW pursuant to the
2016 Expansion Statute, Section 239 of the Fiscal Year 2016
Appropriations Act, Pub. L. 114-113), that are participating in the MTW
Demonstration program, which includes the Public Housing, Section 8
Housing Choice Voucher, Section 8 Project-Based Vouchers, Local, Non-
Traditional Property-Based, and Local, Non-Traditional Tenant-Based
programs.
Tenant data is collected to understand demographic, family profile,
income, and housing information for participants in the Public Housing,
Section 8 Housing Choice Voucher, Section 8 Project Based Certificate,
Section 8 Moderate Rehabilitation, and MTW Demonstration programs. This
data also allows HUD to monitor the performance of programs and the,
performance of public housing agencies that administer the programs.
Respondents: Public Housing Agencies, State and local governments,
individuals and households.
Total Estimated Burden Matrix: Increase in burden expected to 5
minutes per response for a total of 244,493 hours.
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* Average
Number of number of Regulatory
respondents reponses per Total annual Minutes per reference (24
Information collection (PHA) (with respondent responses response Total hours CFR) * see
responses) (with attached
responses)
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Form HUD-50058 New Admission............................ 4,014 87 349,218 50 291,015 908.101
Form HUD-50058 Recertification.......................... 4,014 583 2,340,162 30 1,170,081 908.101
Form HUD-50058 MTW New Admission........................ 39 529 20,631 50 17,192.50 908.101
Form HUD-50058 MTW Recertification...................... 39 4,018 156,702 30 78,351 908.101
Form HUD-50058 MTW Expansion New Admission.............. 100 87 8,700 50 7,250 908.101
Form HUD-50058 MTW Expansion Recertification............ 100 583 58,300 30 29,150 908.101
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Totals.............................................. 4,153 .............. 2,933,713 .............. 1,593,039.50 ..............
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* Average Number of Responses per Respondents = Total Annual Responses/Number of Respondents.
Estimated annualized hourly cost to respondents (PHA); Form HUD-50058: To report using Form HUD-50058 Family Report, it will cost the average PHA
$1,268.75 annually to enter and submit all data for New Admission and $5,101.25 annually for Recertification.
Estimated annualized hourly cost to respondents (PHA); Form HUD-50058 MTW: To report using Form HUD-50058 MTW Family Report, it will cost the average
PHA $7,714.58 annually to enter and submit all data for New Admissions and $35,157.50 annually for Recertification.
Estimated annualized hourly cost to respondents (PHA); Form HUD-50058 MTW Expansion: To report using Form HUD-50058 MTW Expansion Family Report, it will
cost the average PHA $1,268.75 annually to enter and submit all data for New Admissions and $5,101.25 annually for Recertification.
B. 60-Day Notice for Comment
HUD proposed changes in the 60-day notice to the HUD-50058 Family
Report and necessary corresponding changes to the HUD-50058 MTW and
HUD-50058 MTW Expansion Reports for consistency, along with a few minor
revisions. More information about those changes are found in the
February 8, 2023, 60-Day Notice of Proposed Information Collection:
Family Report, MTW Family Report, MTW Expansion Family Report; OMB
Control No. 2577-0083. 88 FR 8301.
In response to the 60-day notice, HUD received 16 public comments.
HUD responds to comments received below for those comments received in
response to specific questions asked by HUD in the 60-day notice, and
HUD responses to other comments are in the 30-day notice Supporting
Statement and can be found at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a> by
finding this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function.
C. 30-Day Notice for Comment
In response to public comments on the 60-day notice, HUD is
proposing a few minorhanges. HUD welcomes comments on the proposed
changes or additional changes that should be considered when renewing
this information collection, especially relevant to burden reduction.
One
[[Page 37262]]
significant change proposed in the 60-day notice which HUD maintains is
moving the codes from the Forms themselves and placing them in the
instruction booklet to ease the use of the Forms and allow for non-
significant future updates. While HUD still updates the instruction
booklet, HUD has made sample forms and instructions available for the
public to see updated codes during the 30-day comment period. The forms
and sample instructions can be viewed at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a> by finding this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
HUD-50058 Forms: The following provides a general overview of the
changes that HUD is considering:
Section 1: Agency
HUD maintains the proposal from the 60-day notice to update the
program types and add the unit real estate ID number to this section.
Section 2: Action
HUD maintains the proposal from the 60-day notice to update the
codes for special programs and type of actions. For the type of action
codes, HUD would remove the ``Historical Adjustment'' code, and add
codes for PBV Transfer to Tenant-Based Voucher and two action types
that will allow PHAs to record changes when the family will not receive
an interim income reexamination due to Housing Opportunity Through
Modernization Act of 2016, Public Law 114-201, (HOTMA) rulemaking--
Household Composition Change Only; and Other Change, Non-Income
Threshold. In addition, HUD would change the FSS participation question
to a Supportive Service program participation question to align with
the changes in Section 17. HUD also would add questions to list the
primary reason for a family's end of participation, similar to the
current HUD-50058 MTW Expansion, but add additional ``Tenant
Initiated'' code and ``Nonpayment of Rent'' as a code. Lastly, HUD
would add a question on reasons for a family's interim reexamination
(already on the HUD-50058 MTW Expansion); the type of HCV voucher
issued, if applicable; and a date a participant vacated an HCV unit, if
applicable.
Section 3: Household
HUD at the 30-day notice is adding a new special status code at
question 3o to allow PHAs to enter when there is a joint child custody
arrangement. HUD has also decided to proceed with changes in the 30-day
notice to the questions on Sex and Race asked at the 60-day comment
period. HUD responds to comments received on changes to section 3 and
explains the changes below:
Sex and Sexual Orientation
HUD asked for comment on updating the field for ``Sex'' to
``Gender'' and allow for inclusion of ``other'' responses. Similarly,
HUD asked for comment on including a request for information about a
household member's Sexual Orientation on the form. Some commenters
supported improved demographic information collection on Lesbian, Gay,
Bisexual, Transgender, and Queer (LGBTQ) participants by updating the
field for gender and sexual orientation. Commenters requested HUD
provide more information on how collecting information about gender
identity and sexual orientation is relevant to the subsidy or
qualifications for the program, and how HUD would use the data. One
commenter suggested that data be used directly to enhance services and
strengthen housing stability. Another commenter requested that
respondents be told how the data would be used. Commenters asked what
safeguards HUD would put in place to maintain security of individuals'
information. One commenter asked whether the information would impact
transferability and cross-program applications. One commenter asked how
HUD planned to protect individuals and ensure protections in states
where legislative efforts are specifically working against LGBTQ
individuals, and other commenters noted concern for targeting of those
in the LGBTQ community. One commenter noted HUD should consider the
administrative burden of adding the questions. Commenters requested
more guidance and training from HUD on implementing these changes and
ensuring safeguards for the data. Specifically, guidance as requested
on how to determine bedroom size eligibility for minors and training
for staff on asking the questions appropriately.
One commenter suggested HUD engage advocacy organizations to
consider how vital this information is at program enrollment versus at
another point of time. One commenter noted the importance of the
information for understanding LGBTQ older adults and their experience
accessing housing, and that statistics support respondents wanting to
answer Sexual Orientation and Gender Identity (SOGI) questions. One
commenter noted without this data HUD would be unable to determine how
to target limited agency resources to better serve the LGBTQ community.
Another commenter suggested HUD make changes to other HUD forms.
While commenters supported more inclusive gender options,
commenters also proposed additional alternatives for gender to include
``did not disclose/did not know,'' ``other,'' separating transgender
and non-binary options, asking sex assigned at birth separately from
current gender identity, intersex, or multiple selection. One commenter
specifically noted the need to include ``intersex'' consistent with
Executive Order 14075 ``Advancing Equality for Lesbian, Gay, Bisexual,
Transgender, Queer, and Intersex Individuals.'' Some commenters opposed
adding additional options, removing sex, or making it multiple select
because it could impact occupancy standards. Commenters supportive of
the change recognized the benefit of having the gender codes align with
State requirements. Commenters also asked how the change to gender
would work in determining bedroom sizes under HCV. The commenters also
asked HUD to analyze the reliability of the data.
Commenters both supported and opposed adding questions about sexual
orientation. One commenter recommended assessing sexual orientation at
the household rather than individual level. While some commenters
supported adding sexual orientation, commenters also proposed
additional alternatives to include ``did not disclose/did not know,''
``other'' or multiple selection. Another commenter felt that the
information may create distrust with clients, that some clients may
refrain from answering or accessing services, and that the information
was not relevant to the application. One commenter noted that
statistics show that including questions on sexual orientation makes
individual's experiences seem valued and are not typically viewed as
invasive. The commenter also noted that such questions should include
clear privacy standards and provide answering the question as optional.
HUD appreciates the comments supporting the additional changes on
collecting ``Gender'' and proposed changes to how to collect ``gender
identity'' and ``sex.'' HUD recognizes the importance of aligning with
other HUD programs and State law. HUD also recognizes the importance of
allowing individuals to select multiple options and to change the
options to allow more choice. HUD received many different proposals on
options to provide and commenters flagged that adding more
[[Page 37263]]
options could complicate statistical reporting, increase administrative
burden, and impact unit size determinations. HUD also received concerns
about making this change and question around the need for such
information.
In an effort to address all these concerns and still align with
other programs, consistent with HUD's proposed change, HUD will
maintain a question on ``Gender'' and no longer collect ``Sex.'' HUD
has always collected ``Sex'' for determining bedroom size but
recognized that changes in State laws and for accurate representation
of the people we serve that the current collection options around
``Sex'' were flawed. In addition, HUD has settled on adding a response
for ``X-Other/Non-Binary/Gender Non-Conforming'' in addition to
existing ``Male'' and ``Female'' choices. HUD believes this aligns
closely to Census Bureau standards and provides an alternative
consistent with States that recognize X gender codes. HUD also
recognizes this change will require technical assistance and guidance
to help implement, which HUD plans to provide.
HUD received comments both in support and opposition to adding a
question on ``sexual orientation.'' Commenters raised questions on the
need for the information, administrative burden, the impact on the
privacy of respondents, analysis of the value of collecting the data,
information about data security and accuracy, impact on
transferability, invasiveness of question, and lack of trust that may
result between PHAs and clients. In addition, commenters noted that HUD
should provide best practices on how PHAs could have responsible data
collection practices and training on how to collect the information and
ensure no discriminatory impact on clients.
Given all the responses HUD received, HUD believes that collecting
of this information at this point before addressing the multiple
questions raised about impacts on privacy, accuracy, and
appropriateness of this vehicle to collect this information and data
security is premature. HUD will consider in what form this question
should be added in the future and how HUD can address all the questions
raised prior to adding this question.
Disability
HUD asked for comment on adding a ``No Response'' code to the
Disability question. HUD received a couple of comments in support and
other comments suggesting a ``did not disclose'' answer. One commenter
noted that the change could impact allowances provided to tenant,
require additional training for both providers and tenants, and could
result in incorrect data collection and rent calculation.
HUD appreciates the general support on adding a ``no disability''
response option on the Forms and other suggested additions. HUD agrees
with the commenter that raised concerns that making this change would
require additional training and could result in incorrect data
collection and rent calculation. Therefore, given the additional
changes HUD is making to comply with HOTMA and the potential for errors
when providing accurate allowances, HUD has decided to hold on making
this change.
Race
HUD asked for comment on updating the codes for Race to include a
new code for ``Other''. HUD received comments in support of adding
``Other'' in the race field. Other commenters recommended changing
``Other'' to ``Another Race'' or ``Some other race'' because of the
negative connotation of ``Other.'' Other commenters suggested the
inclusion of ``Middle East and North African,'' ``Did not disclose,''
or ``Multiracial.'' Commenters supported HUD's effort to align with
OMB's race and ethnicity statistical standards, and others requested
that HUD ensure consistency across PIH and Multifamily. Commenters also
asked that HUD consider the impact on uniform data in making changes.
HUD recognizes the importance of aligning our codes with
Multifamily and government-wide efforts being undertaken by OMB. HUD
agrees that there are many other options that could be added but
believes aligning with other government and HUD information collections
is important. Therefore, until OMB completes its update of race and
ethnicity statistical standards HUD intends not to add the few
suggested new categories. However, HUD appreciates the comments on
changing ``other'' to ``Some Other Race'' and thinks doing so still
aligns with Multifamily and other agency use of the word ``Other'' and
limiting the number of changes. Having moved these codes to the
Instruction Booklet, HUD can make additional changes in the future when
OMB completes its update.
Alien Registration
HUD asked for comment on changing the Alien Registration number at
the 60-day notice. HUD received a comment proposing that HUD maintain
the Alien Registration Number because it is used to request SAVE
verification and confirm immigration status and another comment that
noted the PHA could not use the USCIS case number as a substitute in
the SAVE system. Given the comments, HUD will not make a change to the
form but intends to provide further guidance in the Instruction
Booklet.
Section 4: Background at Admission
HUD maintains the proposal from the 60-day notice to include a date
when the family was selected from the waiting list; if the family was
formerly homeless; if the family transitioned out of an institutional
setting; and whether there was a special non-waiting list admission.
Section 5: Unit To Be Occupied on Effective Date of Action
HUD maintains the proposal from the 60-day notice to add an
urbanization code to accommodate Puerto Rican addresses; provide for
the type of accessible unit identified by the PHA; and include whether
the last inspection passed by the unit was an alternative inspection.
Section 6: Assets
HUD maintains the proposal from the 60-day notice to delineate
actual income from imputed income for each family member consistent
with HUD's HOTMA rulemaking. HUD, at this 30-day notice, proposes to
include a new field that would ask whether such asset listed was
included in new family assets. Additional instructions on this will be
provided in the 50058 Instruction Booklet.
Section 7: Income
HUD is maintaining the 60-day notice proposal to add questions
required to be supplied by the PHA to help determine whether a family
is subject to HOTMA's public housing over-income rule: what the
applicable over-income limit for families of the application's size is;
whether the family is over-income; and the date the over-income family
began the 24 consecutive month grace period. These questions have been
moved to Section 7, since PHAs will be asked to compare the family's
annual income to the over-income limit.
Section 8: Expected Income Per Year
HUD, at this 30-day notice, is proposing to expand the ``Permissive
Deductions'' question at 8b beyond Public Housing only. HUD maintains
the proposal from the 60-day notice to rename this section ``Deductions
and Allowances.'' HUD notes this name change follows an identical
proposal already made on the HUD-50058-
[[Page 37264]]
MTW-Expansion. HUD believes that this term accurately reflects the
content of the section and clearly delineates it from the preceding
section.
HUD also maintains the proposals from the 60-day notice to include
a new question for families to indicate whether a family is eligible
for a medical hardship expense, childcare hardship expense or both,
consistent with HUD's HOTMA rulemaking.
Section 10: Public Housing and Turnkey III
HUD maintains the proposal from the 60-day notice to revise Section
10 heading to remove ``and Turnkey III'' and remove the income-based
ceiling rent question and replace the ``income-based ceiling rent''
reference with ``flat rent.''
Section 11: Section 8: Project Based Certificates and Vouchers
HUD, at this 30-day notice, is proposing to include items
requesting information on whether the family received mobility-related
services; whether a security deposit was paid by the PHA on behalf of
the family; and whether the family received additional financial
assistance consistent with the 60-day notice proposed changes to
Section 12.
HUD maintains the proposal from the 60-day notice to revise Section
11 heading to remove reference to ``Certificates'' and add a question
to include the HAP Contract ID Number, as assigned by the PBV HAP
Contract Collection module in the Housing Information Portal (HIP).
Section 12: Housing Choice Vouchers: Tenant Based Vouchers
HUD maintains the proposal from the 60-day notice to remove the
question about whether the family qualifies as ``Hard to House.'' In
addition, HUD maintains the request for information on whether the
family received mobility-related services; whether a security deposit
was paid by the PHA on behalf of the family; and whether the family
received a higher payment standard as reasonable accommodation. In
addition, HUD maintains the request to add from the HUD-50058 MTW
Expansion, the questions about additional Payments, not HAP Payments,
for tenant-based voucher family and financial incentives for property
owners.
Section 17: Family Self-Sufficiency (FSS)/Welfare to Work (WtW) Voucher
Addendum
HUD maintains the proposal from the 60-day notice to revise Section
17 heading to read ``Supportive Services Programs,'' and remove the
Welfare to Work voucher questions. Additionally, HUD maintains the
other changes to require information on effective date; add options to
the question of why a participant exited the FSS program; information
on employment; services for other supportive services programs, such as
ROSS and Jobs Plus; amend the list of benefits a participating family
receives; and update the services needed by/provided to participating
families. In addition, HUD maintains the proposal to remove the
questions about who provides the services, and whether the family
received a selection preference.
HUD-50058 MTW and HUD-50058 MTW Expansion Form: HUD maintains the
proposal from the 60-day notice to make conforming changes mentioned
above. In addition, HUD maintains the proposal to: remove the date of
admission to the MTW program because it was unnecessary; add in a
question on the total homeownership assistance payment (HAP); and to
remove reference to ``Local, Non-Traditional Assistance.''
D. 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.
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. 2023-12162 Filed 6-6-23; 8:45 am]
BILLING CODE 4210-67-P
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