Notice of Proposed Information Collection: Comment Request; Implementation of the Housing for Older Persons Act of 1995 (HOPA), 4448-4450 [E9-1551]
Download as PDF
4448
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
Department of Homeland Security
sponsoring the collection: Form I–905.
U.S. Citizenship and Immigration
Services.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals and
households. This form will be used by
USCIS to permit an organization to
apply for authorization to issue
certificates to health care workers.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond:
• Request to issue Certificates: 10
responses at 4 hours per response.
• Credential Organization: 14,000
responses at 2 hours per response.
• Applicants: 14,000 responses at 1
hour and 40 minutes (1.66) per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 51,280 annual burden hours.
If you have additional comments,
suggestions, or need a copy of the
information collection instrument,
please visit: https://www.regulations.
gov/.
We may also be contacted at: USCIS,
Regulatory Management Division, 111
Massachusetts Avenue, NW., Suite
3008, Washington, DC 20529–2210,
telephone number 202–272–8377.
Dated: January 21, 2009.
Stephen Tarragon,
Deputy Chief, Regulatory Management
Division, U.S. Citizenship and Immigration
Services.
[FR Doc. E9–1602 Filed 1–23–09; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: Form G–28, and Form G–28I,
Revision of an Existing Information
Collection Request; Comment Request
ACTION: 30-Day Notice of Information
Collection Under Review: Form G–28,
Notice of Entry of Appearance as
Attorney or Accredited Representative,
and Form G–28I, Notice of Entry of
Appearance of Foreign Attorney. OMB
Control No. 1615–0105.
The Department of Homeland
Security, U.S. Citizenship and
Immigration Services (USCIS) has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
VerDate Nov<24>2008
17:20 Jan 23, 2009
Jkt 217001
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection was
previously published in the Federal
Register on November 20, 2008, at 73
FR 70361, allowing for a 60-day public
comment period. USCIS received one
comment for this information collection.
The purpose of this notice is to allow
an additional 30 days for public
comments. Comments are encouraged
and will be accepted until February 25,
2009. This process is conducted in
accordance with 5 CFR 1320.10.
Written comments and/or suggestions
regarding the item(s) contained in this
notice, especially regarding the
estimated public burden and associated
response time, should be directed to the
Department of Homeland Security
(DHS), and to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), USCIS
Desk Officer. Comments may be
submitted to: USCIS, Chief, Regulatory
Management Division, Clearance Office,
111 Massachusetts Avenue, Suite 3008,
Washington, DC 20529. Comments may
also be submitted to DHS via facsimile
to 202–272–8352 or via e-mail at
rfs.regs@dhs.gov, and to the OMB USCIS
Desk Officer via facsimile at 202–395–
6974 or via e-mail at
oira_submission@omb.eop.gov.
When submitting comments by e-mail
please make sure to add OMB Control
Number 1615–0105 in the subject box.
Written comments and suggestions from
the public and affected agencies should
address one or more of the following
four points:
(1) Evaluate whether the 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
collection of information, including the
validity of the methodology and
assumptions used;
(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,
electronic, mechanical, or other
technological collection techniques, or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Revision of an existing information
collection.
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Fmt 4703
Sfmt 4703
(2) Title of the Form/Collection:
Notice of Entry of Appearance as
Attorney or Accredited Representative,
and Notice of Entry of Appearance of
Foreign Attorney.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form G–28,
and Form G–28I. U.S. Citizenship and
Immigration Services.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. The data collected on
Forms G–28 and G–28I are used by DHS
to determine eligibility of the individual
to appear as a representative.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 2,479,000 responses at 20
minutes (.333) per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 825,507 annual burden
hours.
If you have additional comments,
suggestions, or need a copy of the
proposed information collection
instrument with instructions, or
additional information, please visit the
USCIS Web site at: https://
www.regulations.gov/search/index.jsp.
If additional information is required
contact: USCIS, Regulatory Management
Division, 111 Massachusetts Avenue,
Suite 3008, Washington, DC 20529,
(202) 272–8377.
Dated: January 21, 2009.
Stephen Tarragon,
Deputy Chief, Regulatory Management
Division, U.S. Citizenship and Immigration
Services.
[FR Doc. E9–1614 Filed 1–23–09; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5283–N–01]
Notice of Proposed Information
Collection: Comment Request;
Implementation of the Housing for
Older Persons Act of 1995 (HOPA)
AGENCY: Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
SUMMARY: The proposed information
collection requirement established
under 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
E:\FR\FM\26JAN1.SGM
26JAN1
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
Paperwork Reduction Act of 1995. HUD
is soliciting public comments on the
subject proposal.
DATES: Comment Due Date: March 27,
2009.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed information collection
requirement. Comments should refer to
the proposal by name and/or OMB
Control Number, and should be sent to:
Lillian L. Deitzer, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street,
SW.; Washington, DC 20410–2000; email Lillian.L.Deitzer@hud.gov or
telephone (202) 402–8048.
FOR FURTHER INFORMATION CONTACT:
Turner Russell, Director, Enforcement
Support Division, Office of
Enforcement, Department of Housing
and Urban Development, 451 7th Street,
SW., Room 5210; Washington, DC
20410–2000; telephone: (202) 402–6995
(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: HUD 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 HUD’s
program functions; (2) Evaluate the
accuracy of HUD’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., permitting electronic
submission of responses).
Notice of Submission of Proposed
Information Collection to OMB
Title of Proposal: Implementation of
the Housing for Older Persons Act of
1995 (HOPA).
Office: Fair Housing and Equal
Opportunity.
OMB Control Number: 2529–0046.
Description of the need for the
information and proposed use: The Fair
Housing Act [42 U.S.C.3601 et seq.],
prohibits discrimination in the sale,
VerDate Nov<24>2008
17:20 Jan 23, 2009
Jkt 217001
rental, occupancy, advertising, insuring,
or financing of residential dwellings
based on familial status (individuals
living in households with one or more
children under 18 years of age).
However, under § 3607(b)(2) of the Act,
Congress exempted three (3) categories
of ‘‘housing for older persons’’ from
liability for familial status
discrimination: (1) Housing provided
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
older’’; and (3) housing ‘‘intended and
operated 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, 109 STAT. 787] as an
amendment to the Fair Housing Act.
The HOPA modified the ‘‘55 or older’’
housing exemption provided under
§ 3607(b)(2)(C) of the Fair Housing Act
by eliminating the requirement that a
housing provider must offer ‘‘significant
facilities and services specifically
designed to meet the physical or social
needs of older persons.’’ In order to
qualify for the HOPA exemption, a
housing community or facility must
meet each of the following criteria: (1)
At least 80 percent of the occupied units
in the community or facility must be
occupied by at least one person who is
55 years of age of older; (2) the housing
provider must publish and adhere to
policies and procedures that
demonstrate the intent to operate
housing for persons 55 years of age or
older; and (3) the housing provider must
demonstrate compliance with ‘‘rules
issued by the Secretary for verification
of occupancy, which shall * * *
provide for [age] verification by reliable
surveys and affidavits.’’
The HOPA did not significantly
increase the record-keeping burden for
the ‘‘55 or older’’ housing exemption. It
describes in greater detail the
documentary evidence which HUD will
consider when determining, in the
course of a familial status
discrimination complaint investigation,
whether or not a housing facility or
community qualified for the ‘‘55 or
older’’ housing exemption as of the date
of the alleged Fair Housing Act
violation.
The HOPA information collection
requirements are necessary to
demonstrate a housing provider’s
eligibility to claim the ‘‘55 or older’’
housing exemption as an affirmative
defense to a familial status
PO 00000
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Fmt 4703
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4449
discrimination complaint filed with
HUD under the Fair Housing Act. The
information 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 HOPA’s requirement
that a housing provider must
demonstrate the intent to operate a ‘‘55
or older’’ housing community or facility
by publishing, and consistently
enforcing, age verification rules, policies
and procedures for current and
prospective occupants reflects the usual
and customary practice of the senior
housing industry. Under the HOPA, a
‘‘55 or older’’ housing provider should
conduct an initial occupancy survey of
the housing community or facility to
verify compliance with the HOPA’s ‘80
percent’ occupancy requirement, and
should maintain such compliance by
periodically reviewing and updating
existing age verification records for each
occupied dwelling unit at least once
every two years. The creation and
maintenance of such occupancy/age
verification records should occur in the
normal course of individual sale or
rental housing transactions, and should
require minimal preparation time.
Further, a senior 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.
The HOPA exemption also requires
that a summary of the occupancy survey
results must be made available for
public inspection. This summary need
not contain confidential information
about individual residents; it may
simply indicate the total number of
dwelling units actually occupied by
persons 55 years of age or older. While
the supporting age verification records
may contain confidential information
about individual occupants, such
information would be protected from
disclosure unless the housing provider
claims the ‘‘55 or older’’ housing
exemption as an affirmative defense to
a jurisdictional familial status
discrimination complaint filed with
HUD under the Fair Housing Act. HUD’s
Office of Fair Housing and Equal
Opportunity will only require a housing
provider to disclose such confidential
information to HUD if and when HUD
investigates a jurisdictional familial
status discrimination complaint filed
against the housing provider under the
Fair Housing Act, and if and when the
housing provider claims the ‘‘55 or
E:\FR\FM\26JAN1.SGM
26JAN1
4450
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices
older’’ housing exemption as an
affirmative defense to the complaint.
Agency form number(s), if applicable:
None.
Members of affected public: The
HOPA requires 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 reliable age
verification information necessary to
meet the eligibility criteria for the
HOPA exemption. The record keeping
requirements are the responsibility of
the housing provider that seeks to
qualify for the HOPA 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 HOPA
information collection requirements are
the responsibility of the individual
housing facility or community that
claims eligibility for the HOPA’s ‘‘55 or
older’’ housing exemption. The HOPA
does not authorize HUD to require
submission of this information by
individual housing providers as a means
of certifying that their housing
communities or facilities qualify for the
exemption. Further, since the HOPA has
no mandatory registration requirement,
HUD cannot ascertain the actual number
of housing facilities and communities
that are currently collecting this
information with the intention of
qualifying for the HOPA exemption.
Accordingly, HUD has estimated that
approximately 1,000 housing facilities
or communities would seek to qualify
for the HOPA exemption. HUD has
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 also estimated the average number
of housing transactions per year at ten
(10) transactions 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 hours are 5,500 hours.
Status of the proposed information
collection: Extension of a currently
approved collection.
Authority: Section 3506 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35,
as amended.
Dated: January 15, 2009.
Cheryl L. Ziegler,
Deputy Assistant Secretary for Enforcement
and Programs.
[FR Doc. E9–1551 Filed 1–23–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5281–N–07]
Continuum of Care Homeless
Assistance Grant ApplicationTechnical Submission
AGENCY: Office of the Chief Information
Officer, HUD.
ACTION: Notice.
SUMMARY: The proposed information
collection requirement described below
has been submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
Technical submission for applicants
awarded conditional funding for new
projects during the Continuum of Care
Homeless Assistance Competition to
ensure that technical requirements are
met prior to executing of grant
agreement.
DATES: Comments Due Date: February
25, 2009.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
approval Number (2506–NEW) and
should be sent to: HUD Desk Officer,
Office of Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–6974.
FOR FURTHER INFORMATION CONTACT:
Lillian Deitzer, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; email Lillian Deitzer at
Lillian_L._Deitzer@HUD.gov or
telephone (202) 402–8048. This is not a
toll-free number. Copies of available
documents submitted to OMB may be
obtained from Ms. Deitzer.
SUPPLEMENTARY INFORMATION: This
notice informs the public that the
Department of Housing and Urban
Development has submitted to OMB a
request for approval of the Information
collection described below. This notice
is soliciting comments from members of
the public and affecting agencies
concerning the proposed 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.
This Notice Also Lists the Following
Information
Title of Proposal: Continuum of Care
Homeless Assistance Grant
Application—Technical Submission.
OMB Approval Number: 2506—NEW.
Form Numbers: HUD–40090–3a,
HUD–40090–3b.
Description of the Need for the
Information and its Proposed Use:
Technical submission for applicants
awarded conditional funding for new
projects during the Continuum of Care
Homeless Assistance Competition to
ensure that technical requirements are
met prior to executing of grant
agreement.
Frequency of Submission: On
occasion.
Number of
respondents
Annual
responses
500
1
Reporting Burden ..............................................................................
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17:20 Jan 23, 2009
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E:\FR\FM\26JAN1.SGM
×
Hours per
response
9.04
26JAN1
=
Burden hours
4,520
Agencies
[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4448-4450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1551]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5283-N-01]
Notice of Proposed Information Collection: Comment Request;
Implementation of the Housing for Older Persons Act of 1995 (HOPA)
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The proposed information collection requirement established
under 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
[[Page 4449]]
Paperwork Reduction Act of 1995. HUD is soliciting public comments on
the subject proposal.
DATES: Comment Due Date: March 27, 2009.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed information collection requirement. Comments should refer
to the proposal by name and/or OMB Control Number, and should be sent
to: Lillian L. Deitzer, Reports Management Officer, QDAM, Department of
Housing and Urban Development, 451 7th Street, SW.; Washington, DC
20410-2000; e-mail Lillian.L.Deitzer@hud.gov or telephone (202) 402-
8048.
FOR FURTHER INFORMATION CONTACT: Turner Russell, Director, Enforcement
Support Division, Office of Enforcement, Department of Housing and
Urban Development, 451 7th Street, SW., Room 5210; Washington, DC
20410-2000; telephone: (202) 402-6995 (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: HUD 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 HUD's program functions; (2)
Evaluate the accuracy of HUD'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., permitting
electronic submission of responses).
Notice of Submission of Proposed Information Collection to OMB
Title of Proposal: Implementation of the Housing for Older Persons
Act of 1995 (HOPA).
Office: Fair Housing and Equal Opportunity.
OMB Control Number: 2529-0046.
Description of the need for the information and proposed use: The
Fair Housing Act [42 U.S.C.3601 et seq.], prohibits discrimination in
the sale, rental, occupancy, advertising, insuring, or financing of
residential dwellings based on familial status (individuals living in
households with one or more children under 18 years of age). However,
under Sec. 3607(b)(2) of the Act, Congress exempted three (3)
categories of ``housing for older persons'' from liability for familial
status discrimination: (1) Housing provided 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 older''; and (3) housing
``intended and operated 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, 109 STAT. 787] as an amendment to the Fair Housing Act. The
HOPA modified the ``55 or older'' housing exemption provided under
Sec. 3607(b)(2)(C) of the Fair Housing Act by eliminating the
requirement that a housing provider must offer ``significant facilities
and services specifically designed to meet the physical or social needs
of older persons.'' In order to qualify for the HOPA exemption, a
housing community or facility must meet each of the following criteria:
(1) At least 80 percent of the occupied units in the community or
facility must be occupied by at least one person who is 55 years of age
of older; (2) the housing provider must publish and adhere to policies
and procedures that demonstrate the intent to operate housing for
persons 55 years of age or older; and (3) the housing provider must
demonstrate compliance with ``rules issued by the Secretary for
verification of occupancy, which shall * * * provide for [age]
verification by reliable surveys and affidavits.''
The HOPA did not significantly increase the record-keeping burden
for the ``55 or older'' housing exemption. It describes in greater
detail the documentary evidence which HUD will consider when
determining, in the course of a familial status discrimination
complaint investigation, whether or not a housing facility or community
qualified for the ``55 or older'' housing exemption as of the date of
the alleged Fair Housing Act violation.
The HOPA information collection requirements are necessary to
demonstrate a housing provider's eligibility to claim the ``55 or
older'' housing exemption as an affirmative defense to a familial
status discrimination complaint filed with HUD under the Fair Housing
Act. The information 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
HOPA's requirement that a housing provider must demonstrate the intent
to operate a ``55 or older'' housing community or facility by
publishing, and consistently enforcing, age verification rules,
policies and procedures for current and prospective occupants reflects
the usual and customary practice of the senior housing industry. Under
the HOPA, a ``55 or older'' housing provider should conduct an initial
occupancy survey of the housing community or facility to verify
compliance with the HOPA's `80 percent' occupancy requirement, and
should maintain such compliance by periodically reviewing and updating
existing age verification records for each occupied dwelling unit at
least once every two years. The creation and maintenance of such
occupancy/age verification records should occur in the normal course of
individual sale or rental housing transactions, and should require
minimal preparation time. Further, a senior 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.
The HOPA exemption also requires that a summary of the occupancy
survey results must be made available for public inspection. This
summary need not contain confidential information about individual
residents; it may simply indicate the total number of dwelling units
actually occupied by persons 55 years of age or older. While the
supporting age verification records may contain confidential
information about individual occupants, such information would be
protected from disclosure unless the housing provider claims the ``55
or older'' housing exemption as an affirmative defense to a
jurisdictional familial status discrimination complaint filed with HUD
under the Fair Housing Act. HUD's Office of Fair Housing and Equal
Opportunity will only require a housing provider to disclose such
confidential information to HUD if and when HUD investigates a
jurisdictional familial status discrimination complaint filed against
the housing provider under the Fair Housing Act, and if and when the
housing provider claims the ``55 or
[[Page 4450]]
older'' housing exemption as an affirmative defense to the complaint.
Agency form number(s), if applicable: None.
Members of affected public: The HOPA requires 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
reliable age verification information necessary to meet the eligibility
criteria for the HOPA exemption. The record keeping requirements are
the responsibility of the housing provider that seeks to qualify for
the HOPA 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 HOPA information collection
requirements are the responsibility of the individual housing facility
or community that claims eligibility for the HOPA's ``55 or older''
housing exemption. The HOPA does not authorize HUD to require
submission of this information by individual housing providers as a
means of certifying that their housing communities or facilities
qualify for the exemption. Further, since the HOPA has no mandatory
registration requirement, HUD cannot ascertain the actual number of
housing facilities and communities that are currently collecting this
information with the intention of qualifying for the HOPA exemption.
Accordingly, HUD has estimated that approximately 1,000 housing
facilities or communities would seek to qualify for the HOPA exemption.
HUD has 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 also estimated the average number of housing
transactions per year at ten (10) transactions 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 hours are 5,500 hours.
Status of the proposed information collection: Extension of a
currently approved collection.
Authority: Section 3506 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35, as amended.
Dated: January 15, 2009.
Cheryl L. Ziegler,
Deputy Assistant Secretary for Enforcement and Programs.
[FR Doc. E9-1551 Filed 1-23-09; 8:45 am]
BILLING CODE 4210-67-P