Notice of Proposed Information Collection: Comment Request Implementation of the Housing for Older Persons Act of 1995, 5872-5873 [06-994]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5872-5873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5039-N-01]


Notice of Proposed Information Collection: Comment Request 
Implementation of the Housing for Older Persons Act of 1995

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice.

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SUMMARY: The proposed information collection requirement establishment 
under the Final Rule implementing the Housing for Older Persons act of 
1995 (HOPA) will be submitted to the Office of Management and Budget 
(OMB) for review, as required by the Paperwork Reduction Act of 1995. 
The Department is soliciting public comments on the information 
collection requirement.

DATES: Comment Due Date: April 4, 2006.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed information collection requirement. Comments should refer 
to the proposed by name and/or OMB Control Number, and should be sent 
to: Turner M. Russell, Director, Enforcement Support Division, Office 
of Enforcement, Department of Housing and Urban Development, 4517th 
Street, SW., Room 5210, Washington, DC 20410-2000.

FOR FURTHER INFORMATION CONTACT: Turner M. Russell, Director, 
Enforcement Support Division, Office of Enforcement, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 5210, 
Washington, DC 20410-2000; telephone: (202) 619-8041 (this is not a 
toll-free number). Hearing or speech-impaired individuals may access 
this number via TTY by calling the toll-free Federal Information Relay 
Service at: (800) 877-8399.

SUPPLEMENTARY INFORMATION: The Department is submitting this proposed 
information collection requirement to the OMB for review, as required 
under the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35, as 
amended].
    This notice is soliciting comments from members of the public and 
affected agencies concerning the proposed information collection in 
order to: (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of the Department's program 
functions; (2) Evaluate the accuracy of the Department's assessment of 
the paperwork burden that may result from the proposed information 
collection; (3) Enhance the quality, utility and clarity of the 
information which must be collected; and (4) Minimize the burden of the 
information collection on responders, including the use of appropriate 
automated collection techniques or other forms of information 
technology (e.g., electronic transmission of data).
    Title of Regulation: 24 CFR Part 100, Implementation of the Housing 
for Older Persons Act of 1995; Final Rule.
    OMB Control Number, if applicable: 2529-0046.
    Description of the need for the information and proposed use: In 
the Fair Housing Amendments Act of 1988 [42 U.S.C. 3601 et seq.], 
Congress prohibited discrimination in the sale, rental or advertising 
of housing based on familial status (individuals living with one or 
more children under 18 years of age). However, at section 3607(b)(2) of 
the Act, Congress exempted three (3) categories of ``housing for older 
persons'' from liability for familial status discrimination: (1) 
Housing providing under any State or Federal program which the 
Secretary of HUD determines is ``specifically designed and operated to 
assist elderly persons (as defined in the State or Federal program)''; 
(2) housing intended for, and solely occupied by persons 62 years of 
age or order; and (3) housing intended and operate for occupancy by at 
least one person 55 years of age or older per unit [``55 or older'' 
housing]. In December 1995, Congress passed the ``Housing for Older 
Persons Act of 1995 (HOPA)'' [Pub. L. 104-76]. The HOPA modified the 
``55 or older'' housing exemption provided under Sec.  3607(b)(2)(C) of 
the Act by eliminating the requirement for ``significant facilities and 
services specifically designed to meet the physical or social needs of 
older persons.'' The HOPA still requires that at least 80 percent of 
the occupied units must be occupied by at least one person who is 55 
years of age of older; and that housing providers must publish and 
adhere to policies and procedures that demonstrate the intent to 
operate housing for persons 55 years of age or older. In addition, the 
HOPA mandates compliance with ``rules issued by the Secretary for 
verification of occupancy, which shall * * * provide for [age] 
verification by reliable surveys and affidavits.''
    The HOPA Final Rule does not significantly increase the Act's 
recordkeeping burden. It describes in greater detail the documentary 
evidence which HUD will consider when determining whether or not a 
housing facility or community qualifies for the ``55 or older'' housing 
exemption. Further, Sec.  100.350(e)(5) of the HOPA Final Rule 
established a non extendible one-year transition period [May 3, 1999-
May 3, 2000] for existing housing facilities or communities that wished 
to qualify for the ``55 or older'' housing exemption. An existing 
housing facility or community that failed to achieve compliance with 
the HOPA exemption requirements by May 3, 2000, was required to: (1) 
Cease reserving vacant units for ``55 or older'' residents; (2) market 
available dwellings to the general public regardless of familial 
status; and (3) rescind all policies, practices and procedures that 
discriminate against persons with minor children. By definition, such 
housing

[[Page 5873]]

facilities communities would no longer need to collect or maintain 
occupancy/age verification information for purposes of the ``55 or 
older'' housing exemption.
    The information collection requirements contained in Sec. Sec.  
100.306 and 100.307 of the HOPA Final Rule are necessary to satisfy the 
criteria for the ``55 and older'' housing exemption under the HOPA. The 
information required under the Act, the HOPA, and the HOPA Final Rule 
will be collected in the normal course of business in connection with 
the sale, rental or occupancy of dwelling units situated in qualified 
senior housing facilities or communities. The statutory and regulatory 
requirement to publish and adhere to age verification policies and 
procedures for current and prospective occupants is the usual and 
customary practice of the senior housing industry. The procedures for 
verifying the ages of current residents may require an initial 
occupancy survey, and periodic reviews and updates of existing age 
verification records for each occupied dwelling unit. The creation of 
such records should occur in the normal course of sale or rental 
transactions and should require minimal time.
    Three types of information would be collected under the HOPA Final 
Rule. A housing provider's operating rules, policies and procedures are 
not privileged or confidential in nature, because such information must 
be disclosed to current and prospective residents, and to residential 
real estate professionals. Under Sec. Sec.  100.307(i) of the HOPA 
Final Rule, a summary of the occupancy survey results must be made 
available for public inspection. This summary need not contain 
confidential information about residents; it may simply indicate the 
total number of dwelling units occupied by persons 55 years of age or 
older. The supporting age verification records may contain some private 
information; however, such information would be protected from 
disclosure unless the facility or community claims the ``55 or older'' 
housing exemption as a defense to a jurisdictional familial status 
discrimination complaint filed with HUD. HUD's Office of Fair Housing 
and Equal Opportunity will only require a housing provider to disclose 
such information when HUD investigates a jurisdictional familial status 
discrimination complaint, and the housing provider claims the ``55 or 
older'' housing exemption as an affirmative defense to the complaint.
    Agency form number(s), if applicable: None.
    Members of affected public: Both the HOPA and the HOPA Final Rule 
require that small businesses and other small entities that operate 
housing intended for occupancy by persons 55 years of age or older must 
routinely collect and update age verification information necessary to 
meet the eligibility criteria for the ``55 or older'' housing 
exemption. The recordkeeping requirements are the responsibility of the 
housing provider that wishes to qualify for the exemption.
    Estimation of the total numbers of hours needed to prepare the 
information collection including the number of respondents, frequency 
of response, and hours of response: The information collection 
requirements of the HOPA Final Rule are the responsibility of the 
housing facility or community that claims eligibility for the ``55 or 
older'' housing exemption provided under the HOPA. Since the HOPA does 
not require HUD certification or registration for ``55 or older'' 
communities or facilities, it is difficult to estimate the number of 
housing facilities and communities that intend to collect this 
information in order to qualify for the exemption. When the HOPA 
Proposed Rule was published for public comment in January 1997, HUD 
estimated that approximately 1,000 facilities or communities would seek 
the exemption. HUD also estimated that the occupancy/age verification 
data would require routine updating with each new housing transaction 
within the facility or community, and that the number of such 
transactions per year might vary significantly depending on the size 
and nature of the facility or community. HUD estimated the average 
number of housing transactions per year at ``10 per community.'' HUD 
concluded that the publication of policies and procedures ``* * * is 
likely to be a one-time event and in most cases will require no 
additional burden beyond what is done in the normal course of business. 
The estimated total annual burden for the three collections is 5,500 
hours.''
    Status of the proposed information collection: Extension of a 
currently approved collection.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35, as amended.

    Dated: January 26, 2006.
Jon L. Gant,
Deputy Assistant Secretary for Enforcement and Programs.
[FR Doc. 06-994 Filed 2-2-06; 8:45 am]
BILLING CODE 4210-28-M