Notice2024-22833
30-Day Notice of Proposed Information Collection; Affirmative Fair Housing Marketing Plan-HUD 935.2A, HUD 935.2B, and HUD 935.2C; OMB Control No.: 2529-0013
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
October 3, 2024
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 89 Issue 192 (Thursday, October 3, 2024)</title>
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[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80592-80595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22833]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7080-N-49]
30-Day Notice of Proposed Information Collection; Affirmative
Fair Housing Marketing Plan--HUD 935.2A, HUD 935.2B, and HUD 935.2C;
OMB Control No.: 2529-0013
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.
[[Page 80593]]
DATES: Comment Due Date: November 4, 2024.
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.
1. Electronic Submission of Comments. Interested persons may also
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
the notice. Facsimile (FAX) comments are not acceptable.
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 <a href="/cdn-cgi/l/email-protection#9ad9f5f6ffeeeeffb4caf5f6f6fbe8fedaf2effeb4fdf5ec"><span class="__cf_email__" data-cfemail="72311d1e170606175c221d1e1e130016321a07165c151d04">[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. 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
June 26, 2024, at 80 FR 53437.
A. Overview of Information Collection
Title of Information Collection: Affirmative Fair Housing Marketing
Plan.
OMB Approval Number: 2529-0013.
Type of Request: Revision of a currently approved collection.
Form Number: HUD 935.2A, HUD 935.2B, HUD 935.2C.
Description of the need for the information and proposed use: HUD
is requesting that the OMB approve the revision of forms: HUD-935.2A
Affirmative Fair Housing Marketing Plan--Multifamily Housing, HUD-
935.2B Affirmative Fair Housing Marketing Plan--Single Family Housing,
and HUD-935.2C Affirmative Fair Housing Marketing Plan--Condominiums or
Cooperatives. These forms assist HUD in fulfilling its duty under the
Fair Housing Act to administer its programs and activities relating to
housing and urban development in a manner that affirmatively furthers
fair housing, by promoting a condition in which individuals of similar
income levels in the same housing market area have available a like
range of housing choices, regardless of race, color, national origin,
religion, sex (including sexual orientation and gender identity),
disability, or familial status. These forms assist HUD grantees and
insured housing with their compliance with the Fair Housing Act and
other civil rights requirements. This collection also promotes
compliance with Executive Order 11063, which requires Federal agencies
to take all necessary and appropriate action to prevent discrimination
in federally insured and subsidized housing. Under the Affirmative Fair
Housing Marketing Regulations (24 CFR part 200, subpart M), an AFHMP
must be submitted by all applicants for participation in Federal
Housing Administration (FHA) subsidized and unsubsidized housing
programs that involve the development or rehabilitation of the
following types of housing: (1) multifamily projects or manufactured
home parks of five or more lots, units, or spaces; (2) a single family
property, where the property is located in a subdivision and the
builder or developer intends to sell five or more properties in the
subdivision, and a lender is making an initial application for mortgage
insurance; or (3) dwelling units, when the applicant's participation in
FHA housing programs had exceeded or would thereby exceed the
development of five or more of such dwelling units during the year
preceding the application (not counting the development of single
family dwelling units for occupancy by a mortgagor on property owned by
the mortgagor and in which the applicant had no interest prior to
entering into the contract for construction or rehabilitation). The
regulations require applicants to submit the AFHMP on a form prescribed
by the Department (i.e., HUD-935A; HUD-935B and HUD 935-C). If this
information was not collected, it would prevent HUD from ensuring
compliance with affirmative fair housing marketing requirements.
HUD is revising the HUD-935.2A to clarify the instructions
involving marketing activities and reduce the need to provide
information that has already been reported to HUD. The revision also
substantially reduces the burden hours of completing the form using
Microsoft Excel to automate the retrieval of project demographics and
geocoded Census data once users enter an existing nine-digit Property
ID.
Respondents: Applicants for FHA subsidized and unsubsidized housing
programs.
Estimated Number of Respondents: 5,703 For the HUD 935.2A: On an
annual basis, there are approximately 303 respondents that submit new
plans and 1,080 respondents that review their existing plans and submit
updated plans. There are 4,320 respondents who will review their AFHMP
and determine that it does not need to be submitted for HUD approval.
For HUD 935.2.B & C: On an annual basis, there are approximately 30
respondents that submit new plans.
Estimated Number of Responses: 5,733.
Frequency of Response: 1 per annum.
Average Hours per Response: The average hours per response is 2.7
hours. (For HUD-935.2A, the hours per response are: 4 hours (new plans)
and 2 hours (to review and update plans. Census data needed for updates
are now automated) and 2 hours (review only, i.e. those who review and
determine that an update is not needed). For HUD-935.2B & C, the hours
per response is 3 hours (average hours between those that will certify
that they do not need to complete the form and those that will complete
the form).
Total Estimated Burden: 12,102 hours.
[[Page 80594]]
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Number of Frequency of Responses Burden hour per Annual burden Hourly cost per
Information collection respondents response per annum response hours response Annual cost
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HUD-935.2A (MFH)............... 5,703 1.............. 5,703 New 4 x 303....... New 1,212......... Respondents....... Respondents
Review & Update 2 Review & Update $40/hr New = ($40 x 4 x
x 1,080.. 2,160.. (professional 303) + ($18 x 2
Review 2 x 4,320.. Review 8,640...... work).. x 303) =
$18/hr (clerical $59,388.
work).. Updates = ($40 x
$1.35 per report 2 x 1,080) +
mailing.. ($18 x 2 x
$1,080) =
$125,280.
Reviews = ($40 x
2 x 4,320) =
$345,600.
Mailing Costs =
$1.35 x 100 =
$135.
Annual Cost =
$59,388 +
$125,280 +
$345,600 + $135
= $530,403.
Government........ Government
$40.45/hr * New = ($40.45 x 3
(professional x 303) + ($18.40
work).. x 0.5 x 303) =
$18.40/hr ** $39,556.65.
(clerical work).. Reviews & Updates
= ($40.45 x 3 x
1,080) + ($18.40
x 0.5 x 1,080) =
$140,994.
Annual Cost =
$39,556.65 +
$140,994 =
$180,550.65.
HUD-935.2B (SFH) & C (Condos 30 1.............. 30 3................. 90................ Respondents....... Respondents
and Co-Ops). $40/hr ($40 x 3 x 30) +
(professional ($18 x 2 x 30) =
work).. $4,680.
$18/hr (clerical $1.35 x 0 = $0.
work).. Annual Cost =
$1.35 per report $4,680 + $0 =
mailing.. $4,680.
Government........ Government
$40.42/hr Annual Cost =
(professional ($40.42 x 3 x
work).. 30) + ($18.40 x
$18.40/hr 0.5 x 30) =
(clerical work).. $3,918.8.
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Total...................... 5,733 1 each......... 5,733 Avg. of 2.12...... 12,102............ Avg. of $17.84.... Respondents
$535,083.
Government
$184,469.49.
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* Base rate for GS 12 Step 5 ($40.42/hr) based on the salary information available on <a href="http://OPM.gov">OPM.gov</a>.
** Base rate for GS 5 step 5 ($18.40/hr) based on the salary information available on <a href="http://OPM.gov">OPM.gov</a>.
Discussion of Revisions
HUD received comments from one commenter, who strongly supported
the continued use of the AFHMP. In response to the comments, HUD made
minor revisions to the forms as described in the responses below.
General Comments
Form Clarity: The commenter suggested that the AFHMP form clarify
the meaning of ``market area.'' The commenter suggested using broader
metropolitan areas such as MSAs or regional planning geographies rather
than a developer's subjective view of the HMA without considering
regional patterns of segregation. The commenter also suggested the
replacement of ``tenants'' with ``potential residents'' because market
area selection requirements include homeownership. Lastly, the
commenter suggested that the demographics of income eligible persons be
considered.
HUD Response: HUD appreciates these suggestions and has replaced
the term ``tenants'' with ``potential residents'' in Forms 935.2B and
935.2C to reflect that these units are for owner-occupants.
HUD agrees that the demographics of income-eligible persons are an
important consideration and will explore how to incorporate additional
data sources in future versions of the form.
With regard to geographies, the form instructions define a housing
market area (HMA) as an area from which a multifamily housing project
owner/agent, may ``reasonably expect to draw a substantial number of
tenants,'' and an Expanded Housing Market Area (EHMA) as ``a larger
geographic area, such as a Metropolitan Division or a Metropolitan
Statistical Area, which may provide additional demographic diversity
regarding race, color, national origin, religion, sex, familial status,
or disability.'' The automated form 935.2A selects default HMA and EHMA
based on a property's location. The form instructions detail the
default selections. The default HMA is the Census Place (e.g.
population centers such as municipalities, cities, towns, villages, or
Zip Code Tabulation Areas for unincorporated places) where the
development is located. In response to public comments, we have added
examples of Census Places to the instructions. The default EHMA is a
Metropolitan or Micropolitan Statistical Area, if applicable, or a
County for properties not located within an MSA. In response to this
comment, we have added additional details to instructions of all three
forms giving examples of Census-defined places.
To account for unusual circumstances and data or technical issues,
the automated form retains a manual input feature that may be used to
select alternate HMA and EHMA geographies. Users choosing alternate
HMAs or EHMAs must explain and justify their selections in Question 13.
HUD expects that defining default HMA/EHMA's while also allowing manual
selections will result in more standardized AFHMP submissions and more
clarity around the intent of analyzing demographics at both the HMA and
EHMA levels, while preserving flexibility for housing providers and
[[Page 80595]]
reviewers to account for local conditions.
Preferences: The commenter supported the inclusion of the residency
preferences questions. The commenter suggested that HUD require that
any residency preference be clearly defined by its geographic impact
and demonstrate that they do not discriminatorily limit access by
applicants. The commenter also suggested that the AFHMP form provide
instructions for analyzing whether other types of preferences exclude
applicants who are least likely to apply.
HUD Response: All admissions preferences must comply with
nondiscrimination requirements and applicable civil rights laws.
However, HUD regulations at 24 CFR 5.655(c)(1) and 24 CFR 5.105(a),
specifically require that HUD review and approve residency preferences
as part of the AFHMP process. Accordingly, HUD has required and will
continue to require a geographic analysis for AFHMP submissions
requesting or modifying residency preferences. If during the course of
reviewing an AFHMP submission HUD becomes aware of other admissions
preferences in response to question 1j that violate program
requirements or civil rights, reviewers will work with owners and/or
agents to revise preferences prior to approval.
Burden Estimate: The commenter noted that the burden hours could be
substantially longer than estimated unless demographic information is
readily and easily available.
HUD Response: The revised Form 935-2A automates the retrieval of
demographic and geocoded census data which is estimated to
substantially reduce the burden hours to complete the form. HUD
reorganized forms 935-2B and 935-2C to highlight the self-certification
option, which reduces the burden hours of completing the forms.
Alternative Marketing Techniques: The commenter suggested that the
instructions should include alternative media to reach out to people
least likely to apply, including outreach to persons on the Housing
Choice Voucher waiting list, social media, direct mailings, advertising
on buses and trains, flyers at daycare, senior, and recreation centers;
groceries; and tours of the housing and neighborhood.
HUD Response: The forms currently include examples of various
marketing outreach and community contacts, including PHAs. Housing
providers are encouraged to continue to exhaust various means to
advertise housing and draw potential residents that are least likely to
apply.
Solicitation of Public Comment
In accordance with 5 CFR 1320.8(d)(1), HUD is specifically
soliciting comment 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 comments 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. 2024-22833 Filed 10-2-24; 8:45 am]
BILLING CODE 4210-67-P
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