Affirmatively Furthering Fair Housing Assessment Tool for Public Housing Agencies Solicitation of Comment-60-Day Notice Under Paperwork Reduction Act of 1995, 15549-15554 [2016-06492]
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Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices
Dated: March 17, 2016.
George D. Williams, Sr.,
Deputy Assistant Secretary for Policy,
Legislative Initiatives, and Outreach.
[FR Doc. 2016–06600 Filed 3–22–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5173–N–09]
Affirmatively Furthering Fair Housing
Assessment Tool for Public Housing
Agencies Solicitation of Comment—60Day Notice Under Paperwork
Reduction Act of 1995
Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
AGENCY:
On July 16, 2015, HUD
published the Affirmatively Furthering
Fair Housing (AFFH) final rule that
provides HUD program participants
with a new process for planning for fair
housing outcomes that will assist them
in meeting their statutory obligation to
affirmatively further fair housing. This
process includes an assessment tool that
program participants must use to
evaluate fair housing choice and access
to opportunity in their jurisdictions, to
identify barriers to fair housing choice
and opportunity at the local and
regional levels, and to set fair housing
goals to overcome such barriers and
advance fair housing choice.
HUD committed to issue three
assessment tools for its program
participants covered by the AFFH final
rule. One assessment tool is for use by
local governments (Local Government
Assessment Tool) that receive assistance
under certain grant programs
administered by HUD’s Office of
Community Planning and Development
(CPD), as well as by joint and regional
collaborations between: (i) Local
governments; (ii) one or more local
governments and one or more public
housing agency (PHA) partners; and (iii)
other collaborations in which such a
local government is designated as the
lead for the collaboration. The second
tool is for States and Insular Areas (State
and Insular Area Assessment Tool),
including joint collaborations (with
local governments and/or PHAs, both of
which would require HUD approval)
where the State is designated as the lead
entity. The third assessment tool, which
is the subject of this Notice, is for PHAs
(including for joint collaborations
among multiple PHAs) (PHA
Assessment Tool). On December 31,
2015, following 60-day and 30-day
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SUMMARY:
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public comment periods under the
Paperwork Reduction Act, HUD issued
the Local Government Assessment Tool.
On March 11, 2016, at 81 FR 12921,
HUD issued for public comment the
proposed State and Insular Area
Assessment Tool for a 60-day period of
public comment.
This Notice solicits public comment
for a period of 60 days on the proposed
PHA Assessment Tool. In seeking
comment for a period of 60 days, this
notice commences the process for
compliance with the Paperwork
Reduction Act of 1995 (PRA). The PRA
requires two public comment periods—
a public comment period of 60 days and
a second comment period of 30 days.
After consideration of the public
comments submitted in response to this
notice, HUD will solicit a second round
of public comments for a period of 30
days on the proposed PHA Assessment
Tool.
DATES: Comment Due Date: May 23,
2016.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice 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
www.regulations.gov. 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 public comments immediately
available to the public. Comments
submitted electronically through the
www.regulations.gov Web site 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
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15549
above. Again, all submissions must refer to
the docket number and title of the notice.
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public 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 advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at 202–708–
3055 (this is not a toll-free number).
Individuals who are deaf or hard of
hearing and individuals with speech
impairments may access this number
via TTY by calling the Federal Relay
Service at 800–877–8339. Copies of all
comments submitted are available for
inspection and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dustin Parks, Office of Fair Housing and
Equal Opportunity, Department of
Housing and Urban Development, 451
7th Street SW., Room 5249, Washington,
DC 20410–0500; telephone number 202–
708–1112 (this is not a toll-free
number). Persons who are deaf or hard
of hearing and persons with speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
On July 16, 2015, at 80 FR 42272,
HUD issued its final AFFH rule. The
AFFH rule provides a new approach to
enable program participants to more
fully incorporate fair housing
considerations into their existing
planning processes and assist them in
their efforts to comply with their duty
to affirmatively further fair housing as
required by the Fair Housing Act, which
is Title VIII of the Civil Rights Act, and
other authorities. The Fair Housing Act
not only prohibits discrimination, but,
in conjunction with other statutes,
directs HUD’s program participants to
take meaningful actions to overcome
historic patterns of segregation, promote
fair housing choice, and foster inclusive
communities that are free from
discrimination.
The new approach established by
HUD replaces the existing analysis of
impediments (AI) process. The
approach is designed to assist program
participants in analyzing their fair
housing environment, identifying fair
housing issues and the related
contributing factors, and setting fair
housing goals, and, ultimately, taking
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meaningful actions to affirmatively
further fair housing. This approach
builds upon and refines the fair housing
elements of the existing fair housing
planning processes that are in the
process of being replaced as the AFH
process is being phased in pursuant to
the AFFH rule.
To assist program participants in
improving planning to achieve
meaningful fair housing outcomes, the
new approach involves an ‘‘assessment
tool’’ for use in completing the
regulatory requirement to conduct an
assessment of fair housing (AFH as set
out in the AFFH rule.). To aid in the
completion of an AFH, HUD committed
to provide program participants and the
public with certain nationally available
data relevant to the AFH. The HUD
provided data includes certain data
related to: Demographics; patterns of
integration and segregation; racially or
ethnically concentrated areas of poverty
(R/ECAPs); disparities in access to
education, employment, low-poverty
neighborhoods, transportation, and
environmental health; disproportionate
housing needs; data on publicly
supported housing, including location
and occupancy patterns. Using these
data, together with other available local
data and local knowledge, program
participants will evaluate their present
fair housing environment to assess fair
housing issues, identify significant
contributing factors that create,
contribute to, perpetuate, or increase the
severity of those issues, and set forth
fair housing priorities and goals to
address fair housing issues and
significant contributing factors. By
engaging in the analysis of this
information, program participants, with
the input of the community, can set fair
housing priorities and goals that will
better inform their AFFH strategies and
actions.
As noted in the Summary of this
document, HUD has committed to issue
three assessment tools: The Local
Government Assessment Tool, the State
and Insular Area Assessment Tool, and
the PHA Assessment Tool. The final
Local Government Assessment Tool
issued by HUD and published in the
Federal Register, at 80 FR 81840, on
December 31, 2015. The Local
Government Assessment Tool provides
the basic structure and primary areas to
be covered by all three assessment tools.
The final Local Government Assessment
Tool, the instructions for this tool, an
AFFH Rule Guidebook, and the AFFH
Data and Mapping Tool can all be found
at https://www.hudexchange.info/
programs/affh/. As also noted in the
Summary of this document, HUD issued
for public comment the proposed State
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and Insular Area Assessment Tool. The
proposed State and Insular Area
Assessment Tool can also be found at
https://www.hudexchange.info/
programs/affh/.
As with the Local Government
Assessment Tool and the State and
Insular Area Assessment Tool, the PHA
Assessment Tool will allow for
collaboration with other PHAs. In all of
the three assessment tools, HUD
encourages such collaboration.
II. The Proposed PHA Assessment Tool
A. Sources of Data and Information To
Complete the Assessment of Fair
Housing
HUD-Provided Data: One of HUD’s
major considerations in formulating the
new AFFH planning process is to
provide certain nationally uniform data
to program participants that would be
useful in completing an AFH. All
program participants must use the HUDprovided data, which includes data for
the program participant’s jurisdiction
and region, to complete the AFH. A
collaborative AFH must reference the
HUD-provided data for each program
participant’s jurisdiction and region The
HUD-provided data will help program
participants assess local and regional
fair housing issues and contributing
factors and set priorities and goals to
overcome them. The HUD-provided data
will be used by various types of program
participants (e.g. those in urban areas,
rural areas, suburban areas, majorityminority communities), which may
have unique characteristics, issues, and
challenges. As such, HUD-provided data
may have limitations, including
limitations in how they apply to
geographic areas with different
characteristics.
HUD is only able to provide data for
those protected class groups for which
nationally uniform data are available.
For this reason, some questions in the
PHA Assessment Tool focus on specific
protected classes based on the
availability of such data. For these
questions, local data and local
knowledge may provide information to
supplement the analysis for protected
classes not covered by the HUDprovided data. Local data and local
knowledge can be particularly helpful to
supplement the HUD-provided data. For
instance, when they are more up-to-date
or more accurate than the HUDprovided data or when the HUDprovided data do not cover all of the
protected classes that would be relevant
to program participants’ analyses.
Local Data and Local Knowledge: In
addition to the nationally uniform data
provided by HUD, program participants
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are required to use local data and local
knowledge to inform their assessments.
However, the AFH process does not
require program participants to create or
compile new data. Rather program
participants must consider existing local
data and local knowledge that is
relevant in order to answer questions in
the assessment tool. Local data and local
knowledge include data and
information gained through the
community participation, consultation,
and coordination processes set out in
the AFFH rule at § 5.158.
Local data are, ‘‘metrics, statistics,
and other quantified information,
subject to a determination of statistical
validity 1 by HUD, relevant to the
program participant’s geographic areas
of analysis, that can be found through a
reasonable amount of search, are readily
available at little or no cost, and are
necessary for the completion of the AFH
using the Assessment Tool.’’
Local knowledge is information
‘‘provided by the program participant
that relates to the participant’s
geographic areas of analysis and that is
relevant to the program participant’s
AFH, is known or becomes known to
the program participant, and is
necessary for the completion of the AFH
using the Assessment Tool.’’ A program
participant must complete its AFH
using the assessment tool with the
assistance of the HUD-provided data,
along with local data, local knowledge,
including information gained through
community participation, that meets the
criteria of the definitions above.
Program participants must also use
reasonable judgment in deciding what
supplemental information from among
the numerous sources available would
be most relevant to their analysis. HUD
does not expect program participants to
hire statisticians or other consultants to
locate and analyze all possible sources
of local data. To the extent that HUD
does not provide data for a program
participant to respond to a question in
1 As HUD stated in the preamble to the AFFH
final rule, ‘‘The phrase ‘subject to a determination
of statistical validity by HUD’ is included to clarify
that HUD may decline to accept local data that HUD
has determined is not valid but not that HUD will
apply a rigorous statistical validity test for all local
data. HUD also provides a definition for ‘local
knowledge.’ ’’ (80 FR 42306); and ‘‘The use of local
data is subject to HUD review for statistical validity,
reliability, and relevance. Any questions HUD may
have regarding the use of local data would arise as
HUD reviews a program participant’s AFH. In the
review process, HUD may ask questions about the
local data used by a program participant or HUD
may decide not to accept an AFH if it determines
that the data used are not valid, reliable, or relevant.
The rule provides a process for HUD and a program
participant to communicate and resolve AFH
deficiencies leading to HUD’s nonacceptance of an
AFH. (See § 5.162.) Disputes over data would be
addressed in this process.’’ (80 FR 42340).
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the assessment tool, and there is no
local data and no local knowledge that
would be responsive to the question,
stating that data and knowledge are
unavailable to the program participant
is an acceptable and complete response
to that particular question.
B. Structure of the Proposed PHA
Assessment Tool
This proposed PHA Assessment Tool
has three key objectives. First, the
assessment tool must ask questions that
would be sufficient to enable program
participants to perform a meaningful
assessment of key fair housing issues
and contributing factors and set
meaningful fair housing goals and
priorities. Second, the assessment tool
must clearly convey the analysis of fair
housing issues and contributing factors
that program participants must
undertake in order for an AFH to be
accepted by HUD. Third, the assessment
tool must be designed so program
participants would be able to use it to
prepare an AFH that HUD would accept
without unnecessary burden.
The following discussion presents the
structure for the proposed PHA
Assessment Tool program.
Section I. As is the case with the Local
Government Assessment Tool and State
and Insular Area Assessment Tool,
Section I contains the Cover Sheet and
Certification and addresses basic
information applicable to the program
participant or program participants
(where there are joint submissions),
such as the name of the entity making
the submission, the type of submission
(e.g., whether it is a submission by a
PHA, individually, or a PHA in
collaboration with one or more PHAs),
the time period covered by the
assessment, and the required
certifications.
Section II. This section of the
proposed PHA Assessment Tool is an
Executive Summary, which provides the
opportunity to present a general
overview of the AFH’s findings and the
fair housing priorities and goals
established.
Section III. This section of the
proposed PHA Assessment Tool
addresses the community participation
process and directs the PHA to describe
outreach activities to encourage
community participation in the
development and review of the AFH, to
describe how successful its outreach
efforts were in obtaining community
participation related to the AFH, and to
summarize all comments obtained in
the community participation process,
including a summary of any comments
or views not accepted and the reasons
why.
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Section IV. This section of the
proposed PHA Assessment Tool,
entitled ‘‘Assessment of Past Goals and
Actions,’’ asks PHAs to explain the fair
housing goals they selected in their
recent AIs, AFHs, or other relevant
planning documents, and the extent of
progress that was made in achieving
these goals. In essence, this section
requires PHAs to reflect upon the
progress of past goals and actions and
the efforts undertaken to achieve fair
housing goals. This section also solicits
information on how such experience
influenced the selection of fair housing
goals that the PHA sets in the current
AFH.
Section V. This section of the
proposed PHA Assessment Tool,
entitled ‘‘Fair Housing Analysis,’’
presents the core analysis to be
undertaken by PHAs. This section of the
proposed PHA Assessment Tool is
structured to help PHAs identify the fair
housing issues and contributing factors
in their service area and region. The
proposed PHA Assessment Tool
requires PHAs to examine fair housing
issues that exist within the service area
of the PHA and those that may go
beyond the boundaries of the PHA’s
service area into a broader region. As
stated in the other two assessment tools,
fair housing issues often cross politicalgeographic boundaries, and the PHA
must still consider if that is the case for
any fair housing issues and significant
contributing factors identified in their
AFH.
Section V includes an assessment of
certain key fair housing issues—
segregation and integration, racially or
ethnically concentrated areas of poverty,
disparities in access to opportunity,
disproportionate housing needs,
publicly supported housing, and
disability and access. Each subsection of
Section V also includes targeted
questions to help identify fair housing
issues relevant to the PHA.
Section VI. Section VI, Fair Housing
Goals and Priorities, contains a
summary table of the fair housing issues
that the PHA has identified. The table
includes a framework for the PHA to
establish fair housing goals to overcome
significant contributing factors and
related fair housing issues by setting
specific goals that include metrics and
milestones, and a timeframe for
achievement. The preceding discussion
presented a brief overview of the
structure and content of the proposed
PHA Assessment Tool. For PHAs, other
HUD program participants, and the
public generally, HUD provides at
https://www.hudexchange.info/
programs/affh/ a comparison of the
proposed PHA Assessment Tool to the
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final Local Government Assessment
Tool so that covered program
participants and interested parties can
see in detail the differences between
this proposed PHA Assessment Tool
and the Local Government Assessment
Tool issued on December 31, 2015.
C. Instructions To Accompany the
Proposed PHA Tool
The instructions, which will be part
of the proposed PHA Assessment Tool,
are also provided for public comment at
https://www.hudexchange.info/
programs/affh/. The comparison of this
proposed PHA Assessment Tool to the
Local Government Assessment Tool
issued on December 31, 2015, also
highlights the differences in instructions
provided in the Local Government
Assessment Tool and the proposed PHA
Assessment Tool.
The instructions for completing an
AFH include descriptions of the maps
and data provided by HUD for PHAs’
use in answering specific questions in
the Assessment Tool. Some PHAs may
not have had much experience
analyzing data and may find some of the
terminology in the instructions
complex. HUD has attempted to address
these concerns by providing
explanations where it believed PHAs
might not understand the terminology
used. For example, before asking
program participants to use the
dissimilarity index, HUD described in
the instructions what the dissimilarity
index is and how to use it to answer the
question. To aid PHAs and other
program participants in understanding
how to conduct an AFH using the PHA
Assessment Tool, HUD will also provide
additional information and explanation
in the AFFH Rule Guidebook.
Specific solicitation of comment: HUD
is soliciting comment on whether the
instructions are effective in explaining
the terminology used and in explaining
the analysis required by the Assessment
Tool. If commenters believe the
instructions could be improved to
provide more clarity for PHAs that are
inexperienced in using data to assess
fair housing issues, please specify ways
in which HUD could revise the
instructions or give more detailed
guidance in the AFFH Rule Guidebook
to provide more clarity for inexperience
PHAs about the HUD-provided data and
the required analysis.
D. Qualified PHAs
As noted in the Summary of this
document, on March 11, 2016, HUD
published in the Federal Register the
State Assessment Tool for public
comment for a period of 60 days. That
Assessment Tool included a separate
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section with a set of discrete questions
specifically designed for Qualified
PHAs 2 that seek to collaborate with a
State Entity on a Joint or Regional AFH.
It also included a separate section of
Instructions specifically designed for
those questions. The State Assessment
Tool instructions were drafted with
recognition that the HUD-provided
maps and tables may have known
limitations especially for very small
jurisdictional areas and rural areas. In
addition, the State Assessment Tool was
intended to foster and encourage joint
and regional collaborations with
Qualified PHAs as the State’s analysis is
expected to fulfill the regional portion
of the Qualified PHA’s analysis, with
specific questions regarding the Q–
PHA’s service area to be addressed in
the section with those questions.
All program participants, regardless of
size, have the legal duty to affirmatively
further fair housing and to conduct an
AFH. Each program participant may
choose to submit an individual AFH or
a collaborative AFH as set out in the
AFFH rule. For program participants
that choose to collaborate, a
collaborative AFH may reduce burden,
promote information and resource
sharing, and provide a more
comprehensive fair housing analysis for
each collaborating program participant.
For this reason, HUD encourages all
program participants to collaborate. A
Qualified PHA collaborating with
another entity may be aided to the
extent that the two agencies share in the
responsibilities to conduct the AFH, and
to the extent they share a common
region (e.g. a State or a CBSA), they may
also be able to rely on the analysis of
that shared region to fulfill their
responsibilities for the regional portion
of their own analysis.
The PHA Assessment Tool may be
used by PHAs, including Qualified
PHAs that elect to submit either an
individual AFH or a collaborative AFH
involving a collaboration of more than
one PHA. To make PHAs aware of
additional sources of local knowledge
that PHAs may consult to inform their
AFHs, HUD has added language to the
Instructions for the PHA Assessment
Tool to clarify that PHAs may consult
with existing AFHs or other planning
documents (e.g. a Fair Housing Equity
Assessment) already conducted by
2 A Qualified PHA, defined at 24 CFR 5.142,
includes a PHA that: (1) Has a combined unit total
of 550 or less public housing units and section 8
vouchers; and (2) is not designated troubled under
section 6(j)(2) of the 1937 Act, the Public Housing
Assessment System (PHAS), as a troubled public
housing agency during the prior 12 months; and (3)
does not have a failing score under the Section 8
Management Assessment Program (SEMAP) during
the prior 12 months.
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relevant agencies, such as a state or
local government in the PHA’s service
area or region.
Specific solicitation of comment: HUD
is specifically requesting comment on
whether PHAs and Qualified PHAs
expect to collaborate when submitting
an AFH and, if so, the types of entities
that they expect to collaborate with—
i.e., States, local governments, or other
PHAs? In addition, HUD seeks comment
on the ways in which the PHA
Assessment Tool can facilitate a
collaborative AFH by a PHA and one or
more Qualified PHAs. How could a joint
or regional assessment using the PHA
Assessment Tool be structured in a way
to fulfill a regional analysis for
Qualified PHAs in different types of
areas, e.g. within metropolitan statistical
areas, or in non-metro areas, including
rural areas?
E. Solicitation of Specific Comment on
the Proposed PHA Assessment Tool
While the primary purpose of
comment under the Paperwork
Reduction Act is to determine the
burden of any information collection
requirement, HUD also solicits comment
on the content of the proposed PHA
Assessment Tool, the clarity of the
questions presented and whether there
are areas of information sought that
PHAs and the public believe are not
necessary to a meaningful AFH, or
whether there are important areas of
information for conducting a
meaningful fair housing analysis that
HUD may have overlooked. HUD
anticipates that it will conduct outreach
to program participants and fair housing
groups relating to these issues. HUD
also solicits comments for the following
questions:
Content of the Assessment Tool
In the proposed assessment tool for
PHAs, HUD has made changes to the
Local Government Assessment Tool in
order to capture the appropriate level of
information for PHAs conducting a fair
housing analysis and priority and goal
setting. Some questions have been
removed, new questions have been
added, and some questions remain, but
with revisions. As noted earlier in this
notice, HUD’s AFFH Web page at
https://www.hudexchange.info/
programs/affh/ provides a comparison
of the Local Government Assessment
Tool and this proposed PHA
Assessment Tool.
One of the differences between the
Local Government Assessment Tool and
the proposed PHA Assessment Tool is
the structure of the publicly supported
housing section. HUD has added two
additional subsections to this part of the
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analysis. The first, ‘‘Public Housing
Agency Program Analysis,’’ asks
specific questions relating to the
demographics and location and
occupancy of the PHA’s programs
including public housing and Housing
Choice Vouchers (HCV). The second,
‘‘Fair Housing Analysis of Rental
Housing,’’ asks PHAs to assess rental
housing, including affordable rental
housing, in their service areas and
regions. This subsection also asks for an
analysis of HCVs in the service area and
region with respect to whether HCVassisted households, by protected class,
are able to access affordable rental
housing in areas that would promote
integration and provide access to
opportunity.
Specific solicitation of comment: HUD
acknowledges that these two new
subsections increases the number of
questions in this section, while
attempting to focus a particular set of
questions directly to PHA program
operations, developments and assisted
residents. HUD seeks comment on
whether this structure of adding a
specific focus on PHA programs will
better facilitate the fair housing analysis
PHAs must conduct, or, whether these
questions should be combined with the
‘‘Other Publicly Supported Housing
Programs’’ subsection, using a structure
similar to what was used in the Local
Government Assessment Tool.
Specific solicitation of comment: HUD
seeks comment on whether conducting
the new ‘‘Fair Housing Analysis of
Rental Housing’’ for all PHAs will result
in a more robust analysis of fair housing
in the PHA’s service area and region,
even for PHAs that only administer
public housing. HUD seeks comment on
whether this section should apply only
to PHAs that administer HCVs and, if
so, asks commenters to provide the
reasoning.
Another difference between the Local
Government Assessment Tool and the
proposed PHA Assessment Tool occurs
in the analysis of contributing factors.
HUD has removed some contributing
factors that did not seem as relevant for
PHAs, and also added other
contributing factors that seem more
relevant for PHAs. New contributing
factors include: Restrictions on
landlords accepting vouchers,
impediments to portability, and policies
related to payment standards, FMR, and
rent subsidies. Descriptions of
contributing factors are included as an
appendix to the proposed PHA
Assessment Tool.
Specific solicitation of comment: HUD
acknowledges that the relevance of
contributing factors may vary depending
on the type of program participant
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conducting a fair housing analysis. HUD
seeks comment on whether it has
identified the most relevant contributing
factors for PHAs for purposes of
conducting a fair housing assessment
and setting fair housing goals and
priorities. Commenters are asked to state
if there are contributing factors that are
not relevant for PHAs, and to please
identify them and provide an
explanation for why they are not
relevant to a PHA’s fair housing
analysis. Commenters are also asked if
additional contributing factors should
be included, and to please provide the
factor and an explanation of why it is
relevant to a PHA’s fair housing
analysis.
HUD has also reordered the sections
of the proposed PHA Assessment Tool
so the organization is different than in
the Local Government Tool. The
Disability and Access Analysis section
now comes before the Publicly
Supported Housing Analysis section.
Specific solicitation of comment: The
analysis of disability and access will
likely inform the PHA’s analysis of
publicly supported housing. HUD seeks
comment on whether the order of the
sections will better facilitate the PHA’s
fair housing analysis.
Identifying PHA Service Areas
As noted above, HUD intends to
provide data that PHAs will use to
conduct their AFH. HUD acknowledges
that PHAs’ service areas are determined
by State legislation and their scope may
vary. HUD does not currently have data
for all PHAs’ service areas. In order to
provide data to assist PHAs in
conducting their AFH, HUD will need to
obtain information about each PHA’s
service area in order to provide relevant
data to the PHA.
HUD will provide an online
geospatial tool, either in the existing
AFFH Data and Mapping Tool (AFFH–
T) or in a related online web portal that
will provide PHAs the ability to select
from a variety of geographic units, the
one unit or combination of units that
most closely fits their service area.
Geographic units include the most
commonly used administrative
geographic units mapped by the U.S.
Census Bureau. These may include
geographic entities such as census
tracts, incorporated places or minor
civil divisions (collectively known to
HUD as units of general local
government), entire counties, the
balance of counties after incorporated
entities have been removed, entire
states, or the balance of states after
incorporated local government
jurisdictions have been removed. In
many cases, PHA service areas will be
the same as local governments that are
already identified in the AFFH–T, while
in others PHAs would have the ability
to identify their unique service area
borders using the online tool.
Specific solicitation of comment: HUD
seeks comment on an efficient manner
in which HUD could use to obtain
information about each PHA’s service
area without causing unnecessary
burden.
Specific solicitation of comment: HUD
seeks comment on how fair housing
Number of
responses
per
respondent
Number of
respondents
issues may affect families on a PHA’s
waiting list. HUD understands that data
may be limited with regards to the
persons on such lists and seeks
comment on whether PHAs have
relevant information related to such
residents. HUD specifically seeks
comment on to what extent do PHAs
have information to inform answers to
the questions related to families on PHA
waiting lists? Is HUD asking the
appropriate questions with regards to
this population or are there alternative
considerations that PHAs should be
asked to consider as part of the analysis?
III. Compliance With the Paperwork
Reduction Act
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501–3520) (PRA), 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 valid control
number issued by the Office of
Management and Budget (OMB).
Through this notice, HUD commences
the process for obtaining the requisite
approval by OMB under the PRA
process.
The public reporting burden for the
proposed State and Insular Area
Assessment Tool is estimated to include
the time for reviewing the instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
Information on the estimated public
reporting burden is provided in the
following table:
Estimated
average time
for
requirement
(in hours)
Frequency of response
Estimated
total burden
(in hours)
1,314
3,942
1
1
Once every five years ......................
Once per assessment of fair housing cycle.
240
1
315,360
3,942
Total Burden ..............................
jstallworth on DSK7TPTVN1PROD with NOTICES
PHA Assessment Tool ......................
PHA Service Area Information ..........
........................
........................
...........................................................
........................
319,302
In accordance with 5 CFR
1320.8(d)(1), HUD is specifically
soliciting comment on the proposed
PHA Tool from members of the public
and affected program participants 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;
VerDate Sep<11>2014
15:26 Mar 22, 2016
Jkt 238001
(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 not only program
participants but interested persons to
submit comments regarding the
information collection requirements in
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
this proposal. Comments must be
received by May 23, 2016 to
www.regulations.gov as provided under
the ADDRESSES section of this notice.
Comments must refer to the proposal by
name and docket number (FR–5173–N–
02).
Following consideration of public
comments submitted in response to this
notice, HUD will submit for further
public comment, for a period of 30 days,
a version of the PHA Assessment Tool
that reflects consideration of the public
E:\FR\FM\23MRN1.SGM
23MRN1
15554
Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices
comments received in response to this
notice.
BIA in accordance with the Indian Child
Welfare Act.
Dated: March 17, 2016.
George D. Williams,
Deputy Assistant Secretary for Policy,
Legislative Initiatives and Outreach.
II. Request for Comments
The BIA requests your comments on
this collection concerning: (a) The
necessity of this information collection
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) The accuracy of the
agency’s estimate of the burden (hours
and cost) of the collection of
information, including the validity of
the methodology and assumptions used;
(c) Ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) Ways we could
minimize the burden of the collection of
the information on the respondents.
Please note that an agency may not
conduct or sponsor, and an individual
need not respond to, a collection of
information unless it has a valid OMB
Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section.
Before including your address, phone
number, email address or other
personally identifiable information in
your comment, you should be aware
that your entire comment—including
your personal identifying information—
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
[FR Doc. 2016–06492 Filed 3–22–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167 A2100DD/AAKC001030/
A0A501010.999900]
Renewal of Agency Information
Collection for Appointed Counsel in
Involuntary Indian Child Custody
Proceedings in State Courts
Bureau of Indian Affairs,
Interior.
ACTION: Notice of request for comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs (BIA) is seeking
comments on the renewal of Office of
Management and Budget (OMB)
approval for the collection of
information for Appointed Counsel in
Involuntary Indian Child Custody
Proceedings in State Courts authorized
by OMB Control Number 1076–0111.
This information collection expires June
30, 2016.
DATES: Submit comments on or before
May 23, 2016.
ADDRESSES: You may submit comments
on the information collection to Ms.
Evangeline Campbell, 1849 C Street
NW., Mail Stop 4513, Washington, DC
20240; fax: (202) 513–208–5113; or
email: Evangeline.Campbell@bia.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Evangeline Campbell, (202) 513–7621,
or Ms. Debra Burton, (202) 513–7610.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jstallworth on DSK7TPTVN1PROD with NOTICES
I. Abstract
The BIA is seeking comments on the
information collection conducted under
25 CFR 23.13, implementing the Indian
Child Welfare Act (25 U.S.C. 1901 et
seq.). The information collection allows
BIA to receive written requests by State
courts that appoint counsel for an
indigent Indian parent or Indian
custodian in an involuntary Indian
child custody proceeding when
appointment of counsel is not
authorized by State law. The applicable
BIA Regional Director uses this
information to decide whether to certify
that the client in the notice is eligible to
have his counsel compensated by the
VerDate Sep<11>2014
15:26 Mar 22, 2016
Jkt 238001
III. Data
OMB Control Number: 1076–0111.
Title: Payment for Appointed Counsel
in Involuntary Indian Child Custody
Proceedings in State Courts, 25 CFR
23.13.
Brief Description of Collection: This
information is required in order for
States to receive payment for counsel
appointed to indigent Indian parents or
custodians in involuntary child custody
proceedings under 25 CFR 23.13. The
information is collected to determine
applicant eligibility for services.
Type of Review: Extension without
change of currently approved collection.
Respondents: State courts eligible for
payment of attorney fees pursuant to 25
CFR 23.13.
Number of Respondents: Four per
year.
Estimated Time per Response: Two
hours for reporting and one hour for
recordkeeping.
Frequency of Response: Once, on
occasion.
Obligation to Respond: Response
required to obtain a benefit.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
Estimated Total Annual Hour Burden:
12 hours.
Estimated Total Annual Cost: $0.
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2016–06482 Filed 3–22–16; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO922000–L13100000–FI0000–16X]
Proposed Reinstatement of Terminated
Oil and Gas Leases COC73423,
COC73424, COC73440, COC73442,
COC73443, COC73444, Colorado
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
As provided for under the
Mineral Lands Leasing Act of 1920, as
amended, the Bureau of Land
Management (BLM) received petitions
to reinstate oil and gas leases
COC73423, COC73424, COC73440,
COC73442, COC73443, and COC73444
from Synergy Resources Corporation for
lands in Morgan and Weld counties,
Colorado. The lessee filed the petitions
on time, along with all the rentals due
since the leases terminated under the
law.
FOR FURTHER INFORMATION CONTACT:
Cheryl Hirschel, BLM Land Law
Examiner, Fluid Minerals Adjudication,
at (303) 239–3749. Persons who use a
telecommunication device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. FIRS is available
24 hours a day, 7 days a week, to leave
a message or questions with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The lessee
has agreed to the amended lease terms
for additional stipulations and for
rentals and royalties at rates of $10 per
acre or fraction thereof, per year and
162⁄3 percent, respectively. The lessee
has paid the required $500
administrative fee and $159 to
reimburse the Department for the cost of
this Federal Register notice. The lessee
has met all the requirements for
reinstatement of the leases as set out in
Section 31(d) and (e) of the Mineral
Lands Leasing Act of 1920 (30 U.S.C.
188), and the BLM is proposing to
reinstate leases COC73423, COC73424,
COC73440, COC73442, COC73443 and
COC73444 effective December 1, 2010,
SUMMARY:
E:\FR\FM\23MRN1.SGM
23MRN1
]]>Agencies
[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Notices]
[Pages 15549-15554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06492]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5173-N-09]
Affirmatively Furthering Fair Housing Assessment Tool for Public
Housing Agencies Solicitation of Comment--60-Day Notice Under Paperwork
Reduction Act of 1995
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On July 16, 2015, HUD published the Affirmatively Furthering
Fair Housing (AFFH) final rule that provides HUD program participants
with a new process for planning for fair housing outcomes that will
assist them in meeting their statutory obligation to affirmatively
further fair housing. This process includes an assessment tool that
program participants must use to evaluate fair housing choice and
access to opportunity in their jurisdictions, to identify barriers to
fair housing choice and opportunity at the local and regional levels,
and to set fair housing goals to overcome such barriers and advance
fair housing choice.
HUD committed to issue three assessment tools for its program
participants covered by the AFFH final rule. One assessment tool is for
use by local governments (Local Government Assessment Tool) that
receive assistance under certain grant programs administered by HUD's
Office of Community Planning and Development (CPD), as well as by joint
and regional collaborations between: (i) Local governments; (ii) one or
more local governments and one or more public housing agency (PHA)
partners; and (iii) other collaborations in which such a local
government is designated as the lead for the collaboration. The second
tool is for States and Insular Areas (State and Insular Area Assessment
Tool), including joint collaborations (with local governments and/or
PHAs, both of which would require HUD approval) where the State is
designated as the lead entity. The third assessment tool, which is the
subject of this Notice, is for PHAs (including for joint collaborations
among multiple PHAs) (PHA Assessment Tool). On December 31, 2015,
following 60-day and 30-day public comment periods under the Paperwork
Reduction Act, HUD issued the Local Government Assessment Tool. On
March 11, 2016, at 81 FR 12921, HUD issued for public comment the
proposed State and Insular Area Assessment Tool for a 60-day period of
public comment.
This Notice solicits public comment for a period of 60 days on the
proposed PHA Assessment Tool. In seeking comment for a period of 60
days, this notice commences the process for compliance with the
Paperwork Reduction Act of 1995 (PRA). The PRA requires two public
comment periods--a public comment period of 60 days and a second
comment period of 30 days. After consideration of the public comments
submitted in response to this notice, HUD will solicit a second round
of public comments for a period of 30 days on the proposed PHA
Assessment Tool.
DATES: Comment Due Date: May 23, 2016.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice 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
www.regulations.gov. 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 public comments immediately
available to the public. Comments submitted electronically through the
www.regulations.gov Web site 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.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public 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 advance appointment to review the public comments must be
scheduled by calling the Regulations Division at 202-708-3055 (this is
not a toll-free number). Individuals who are deaf or hard of hearing
and individuals with speech impairments may access this number via TTY
by calling the Federal Relay Service at 800-877-8339. Copies of all
comments submitted are available for inspection and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dustin Parks, Office of Fair Housing
and Equal Opportunity, Department of Housing and Urban Development, 451
7th Street SW., Room 5249, Washington, DC 20410-0500; telephone number
202-708-1112 (this is not a toll-free number). Persons who are deaf or
hard of hearing and persons with speech impairments may access this
number through TTY by calling the toll-free Federal Relay Service at
800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On July 16, 2015, at 80 FR 42272, HUD issued its final AFFH rule.
The AFFH rule provides a new approach to enable program participants to
more fully incorporate fair housing considerations into their existing
planning processes and assist them in their efforts to comply with
their duty to affirmatively further fair housing as required by the
Fair Housing Act, which is Title VIII of the Civil Rights Act, and
other authorities. The Fair Housing Act not only prohibits
discrimination, but, in conjunction with other statutes, directs HUD's
program participants to take meaningful actions to overcome historic
patterns of segregation, promote fair housing choice, and foster
inclusive communities that are free from discrimination.
The new approach established by HUD replaces the existing analysis
of impediments (AI) process. The approach is designed to assist program
participants in analyzing their fair housing environment, identifying
fair housing issues and the related contributing factors, and setting
fair housing goals, and, ultimately, taking
[[Page 15550]]
meaningful actions to affirmatively further fair housing. This approach
builds upon and refines the fair housing elements of the existing fair
housing planning processes that are in the process of being replaced as
the AFH process is being phased in pursuant to the AFFH rule.
To assist program participants in improving planning to achieve
meaningful fair housing outcomes, the new approach involves an
``assessment tool'' for use in completing the regulatory requirement to
conduct an assessment of fair housing (AFH as set out in the AFFH
rule.). To aid in the completion of an AFH, HUD committed to provide
program participants and the public with certain nationally available
data relevant to the AFH. The HUD provided data includes certain data
related to: Demographics; patterns of integration and segregation;
racially or ethnically concentrated areas of poverty (R/ECAPs);
disparities in access to education, employment, low-poverty
neighborhoods, transportation, and environmental health;
disproportionate housing needs; data on publicly supported housing,
including location and occupancy patterns. Using these data, together
with other available local data and local knowledge, program
participants will evaluate their present fair housing environment to
assess fair housing issues, identify significant contributing factors
that create, contribute to, perpetuate, or increase the severity of
those issues, and set forth fair housing priorities and goals to
address fair housing issues and significant contributing factors. By
engaging in the analysis of this information, program participants,
with the input of the community, can set fair housing priorities and
goals that will better inform their AFFH strategies and actions.
As noted in the Summary of this document, HUD has committed to
issue three assessment tools: The Local Government Assessment Tool, the
State and Insular Area Assessment Tool, and the PHA Assessment Tool.
The final Local Government Assessment Tool issued by HUD and published
in the Federal Register, at 80 FR 81840, on December 31, 2015. The
Local Government Assessment Tool provides the basic structure and
primary areas to be covered by all three assessment tools. The final
Local Government Assessment Tool, the instructions for this tool, an
AFFH Rule Guidebook, and the AFFH Data and Mapping Tool can all be
found at https://www.hudexchange.info/programs/affh/. As also noted in
the Summary of this document, HUD issued for public comment the
proposed State and Insular Area Assessment Tool. The proposed State and
Insular Area Assessment Tool can also be found at https://www.hudexchange.info/programs/affh/.
As with the Local Government Assessment Tool and the State and
Insular Area Assessment Tool, the PHA Assessment Tool will allow for
collaboration with other PHAs. In all of the three assessment tools,
HUD encourages such collaboration.
II. The Proposed PHA Assessment Tool
A. Sources of Data and Information To Complete the Assessment of Fair
Housing
HUD-Provided Data: One of HUD's major considerations in formulating
the new AFFH planning process is to provide certain nationally uniform
data to program participants that would be useful in completing an AFH.
All program participants must use the HUD-provided data, which includes
data for the program participant's jurisdiction and region, to complete
the AFH. A collaborative AFH must reference the HUD-provided data for
each program participant's jurisdiction and region The HUD-provided
data will help program participants assess local and regional fair
housing issues and contributing factors and set priorities and goals to
overcome them. The HUD-provided data will be used by various types of
program participants (e.g. those in urban areas, rural areas, suburban
areas, majority-minority communities), which may have unique
characteristics, issues, and challenges. As such, HUD-provided data may
have limitations, including limitations in how they apply to geographic
areas with different characteristics.
HUD is only able to provide data for those protected class groups
for which nationally uniform data are available. For this reason, some
questions in the PHA Assessment Tool focus on specific protected
classes based on the availability of such data. For these questions,
local data and local knowledge may provide information to supplement
the analysis for protected classes not covered by the HUD-provided
data. Local data and local knowledge can be particularly helpful to
supplement the HUD-provided data. For instance, when they are more up-
to-date or more accurate than the HUD-provided data or when the HUD-
provided data do not cover all of the protected classes that would be
relevant to program participants' analyses.
Local Data and Local Knowledge: In addition to the nationally
uniform data provided by HUD, program participants are required to use
local data and local knowledge to inform their assessments. However,
the AFH process does not require program participants to create or
compile new data. Rather program participants must consider existing
local data and local knowledge that is relevant in order to answer
questions in the assessment tool. Local data and local knowledge
include data and information gained through the community
participation, consultation, and coordination processes set out in the
AFFH rule at Sec. 5.158.
Local data are, ``metrics, statistics, and other quantified
information, subject to a determination of statistical validity \1\ by
HUD, relevant to the program participant's geographic areas of
analysis, that can be found through a reasonable amount of search, are
readily available at little or no cost, and are necessary for the
completion of the AFH using the Assessment Tool.''
---------------------------------------------------------------------------
\1\ As HUD stated in the preamble to the AFFH final rule, ``The
phrase `subject to a determination of statistical validity by HUD'
is included to clarify that HUD may decline to accept local data
that HUD has determined is not valid but not that HUD will apply a
rigorous statistical validity test for all local data. HUD also
provides a definition for `local knowledge.' '' (80 FR 42306); and
``The use of local data is subject to HUD review for statistical
validity, reliability, and relevance. Any questions HUD may have
regarding the use of local data would arise as HUD reviews a program
participant's AFH. In the review process, HUD may ask questions
about the local data used by a program participant or HUD may decide
not to accept an AFH if it determines that the data used are not
valid, reliable, or relevant. The rule provides a process for HUD
and a program participant to communicate and resolve AFH
deficiencies leading to HUD's nonacceptance of an AFH. (See Sec.
5.162.) Disputes over data would be addressed in this process.'' (80
FR 42340).
---------------------------------------------------------------------------
Local knowledge is information ``provided by the program
participant that relates to the participant's geographic areas of
analysis and that is relevant to the program participant's AFH, is
known or becomes known to the program participant, and is necessary for
the completion of the AFH using the Assessment Tool.'' A program
participant must complete its AFH using the assessment tool with the
assistance of the HUD-provided data, along with local data, local
knowledge, including information gained through community
participation, that meets the criteria of the definitions above.
Program participants must also use reasonable judgment in deciding what
supplemental information from among the numerous sources available
would be most relevant to their analysis. HUD does not expect program
participants to hire statisticians or other consultants to locate and
analyze all possible sources of local data. To the extent that HUD does
not provide data for a program participant to respond to a question in
[[Page 15551]]
the assessment tool, and there is no local data and no local knowledge
that would be responsive to the question, stating that data and
knowledge are unavailable to the program participant is an acceptable
and complete response to that particular question.
B. Structure of the Proposed PHA Assessment Tool
This proposed PHA Assessment Tool has three key objectives. First,
the assessment tool must ask questions that would be sufficient to
enable program participants to perform a meaningful assessment of key
fair housing issues and contributing factors and set meaningful fair
housing goals and priorities. Second, the assessment tool must clearly
convey the analysis of fair housing issues and contributing factors
that program participants must undertake in order for an AFH to be
accepted by HUD. Third, the assessment tool must be designed so program
participants would be able to use it to prepare an AFH that HUD would
accept without unnecessary burden.
The following discussion presents the structure for the proposed
PHA Assessment Tool program.
Section I. As is the case with the Local Government Assessment Tool
and State and Insular Area Assessment Tool, Section I contains the
Cover Sheet and Certification and addresses basic information
applicable to the program participant or program participants (where
there are joint submissions), such as the name of the entity making the
submission, the type of submission (e.g., whether it is a submission by
a PHA, individually, or a PHA in collaboration with one or more PHAs),
the time period covered by the assessment, and the required
certifications.
Section II. This section of the proposed PHA Assessment Tool is an
Executive Summary, which provides the opportunity to present a general
overview of the AFH's findings and the fair housing priorities and
goals established.
Section III. This section of the proposed PHA Assessment Tool
addresses the community participation process and directs the PHA to
describe outreach activities to encourage community participation in
the development and review of the AFH, to describe how successful its
outreach efforts were in obtaining community participation related to
the AFH, and to summarize all comments obtained in the community
participation process, including a summary of any comments or views not
accepted and the reasons why.
Section IV. This section of the proposed PHA Assessment Tool,
entitled ``Assessment of Past Goals and Actions,'' asks PHAs to explain
the fair housing goals they selected in their recent AIs, AFHs, or
other relevant planning documents, and the extent of progress that was
made in achieving these goals. In essence, this section requires PHAs
to reflect upon the progress of past goals and actions and the efforts
undertaken to achieve fair housing goals. This section also solicits
information on how such experience influenced the selection of fair
housing goals that the PHA sets in the current AFH.
Section V. This section of the proposed PHA Assessment Tool,
entitled ``Fair Housing Analysis,'' presents the core analysis to be
undertaken by PHAs. This section of the proposed PHA Assessment Tool is
structured to help PHAs identify the fair housing issues and
contributing factors in their service area and region. The proposed PHA
Assessment Tool requires PHAs to examine fair housing issues that exist
within the service area of the PHA and those that may go beyond the
boundaries of the PHA's service area into a broader region. As stated
in the other two assessment tools, fair housing issues often cross
political-geographic boundaries, and the PHA must still consider if
that is the case for any fair housing issues and significant
contributing factors identified in their AFH.
Section V includes an assessment of certain key fair housing
issues--segregation and integration, racially or ethnically
concentrated areas of poverty, disparities in access to opportunity,
disproportionate housing needs, publicly supported housing, and
disability and access. Each subsection of Section V also includes
targeted questions to help identify fair housing issues relevant to the
PHA.
Section VI. Section VI, Fair Housing Goals and Priorities, contains
a summary table of the fair housing issues that the PHA has identified.
The table includes a framework for the PHA to establish fair housing
goals to overcome significant contributing factors and related fair
housing issues by setting specific goals that include metrics and
milestones, and a timeframe for achievement. The preceding discussion
presented a brief overview of the structure and content of the proposed
PHA Assessment Tool. For PHAs, other HUD program participants, and the
public generally, HUD provides at https://www.hudexchange.info/programs/affh/ a comparison of the proposed PHA Assessment Tool to the
final Local Government Assessment Tool so that covered program
participants and interested parties can see in detail the differences
between this proposed PHA Assessment Tool and the Local Government
Assessment Tool issued on December 31, 2015.
C. Instructions To Accompany the Proposed PHA Tool
The instructions, which will be part of the proposed PHA Assessment
Tool, are also provided for public comment at https://www.hudexchange.info/programs/affh/. The comparison of this proposed
PHA Assessment Tool to the Local Government Assessment Tool issued on
December 31, 2015, also highlights the differences in instructions
provided in the Local Government Assessment Tool and the proposed PHA
Assessment Tool.
The instructions for completing an AFH include descriptions of the
maps and data provided by HUD for PHAs' use in answering specific
questions in the Assessment Tool. Some PHAs may not have had much
experience analyzing data and may find some of the terminology in the
instructions complex. HUD has attempted to address these concerns by
providing explanations where it believed PHAs might not understand the
terminology used. For example, before asking program participants to
use the dissimilarity index, HUD described in the instructions what the
dissimilarity index is and how to use it to answer the question. To aid
PHAs and other program participants in understanding how to conduct an
AFH using the PHA Assessment Tool, HUD will also provide additional
information and explanation in the AFFH Rule Guidebook.
Specific solicitation of comment: HUD is soliciting comment on
whether the instructions are effective in explaining the terminology
used and in explaining the analysis required by the Assessment Tool. If
commenters believe the instructions could be improved to provide more
clarity for PHAs that are inexperienced in using data to assess fair
housing issues, please specify ways in which HUD could revise the
instructions or give more detailed guidance in the AFFH Rule Guidebook
to provide more clarity for inexperience PHAs about the HUD-provided
data and the required analysis.
D. Qualified PHAs
As noted in the Summary of this document, on March 11, 2016, HUD
published in the Federal Register the State Assessment Tool for public
comment for a period of 60 days. That Assessment Tool included a
separate
[[Page 15552]]
section with a set of discrete questions specifically designed for
Qualified PHAs \2\ that seek to collaborate with a State Entity on a
Joint or Regional AFH. It also included a separate section of
Instructions specifically designed for those questions. The State
Assessment Tool instructions were drafted with recognition that the
HUD-provided maps and tables may have known limitations especially for
very small jurisdictional areas and rural areas. In addition, the State
Assessment Tool was intended to foster and encourage joint and regional
collaborations with Qualified PHAs as the State's analysis is expected
to fulfill the regional portion of the Qualified PHA's analysis, with
specific questions regarding the Q-PHA's service area to be addressed
in the section with those questions.
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\2\ A Qualified PHA, defined at 24 CFR 5.142, includes a PHA
that: (1) Has a combined unit total of 550 or less public housing
units and section 8 vouchers; and (2) is not designated troubled
under section 6(j)(2) of the 1937 Act, the Public Housing Assessment
System (PHAS), as a troubled public housing agency during the prior
12 months; and (3) does not have a failing score under the Section 8
Management Assessment Program (SEMAP) during the prior 12 months.
---------------------------------------------------------------------------
All program participants, regardless of size, have the legal duty
to affirmatively further fair housing and to conduct an AFH. Each
program participant may choose to submit an individual AFH or a
collaborative AFH as set out in the AFFH rule. For program participants
that choose to collaborate, a collaborative AFH may reduce burden,
promote information and resource sharing, and provide a more
comprehensive fair housing analysis for each collaborating program
participant. For this reason, HUD encourages all program participants
to collaborate. A Qualified PHA collaborating with another entity may
be aided to the extent that the two agencies share in the
responsibilities to conduct the AFH, and to the extent they share a
common region (e.g. a State or a CBSA), they may also be able to rely
on the analysis of that shared region to fulfill their responsibilities
for the regional portion of their own analysis.
The PHA Assessment Tool may be used by PHAs, including Qualified
PHAs that elect to submit either an individual AFH or a collaborative
AFH involving a collaboration of more than one PHA. To make PHAs aware
of additional sources of local knowledge that PHAs may consult to
inform their AFHs, HUD has added language to the Instructions for the
PHA Assessment Tool to clarify that PHAs may consult with existing AFHs
or other planning documents (e.g. a Fair Housing Equity Assessment)
already conducted by relevant agencies, such as a state or local
government in the PHA's service area or region.
Specific solicitation of comment: HUD is specifically requesting
comment on whether PHAs and Qualified PHAs expect to collaborate when
submitting an AFH and, if so, the types of entities that they expect to
collaborate with--i.e., States, local governments, or other PHAs? In
addition, HUD seeks comment on the ways in which the PHA Assessment
Tool can facilitate a collaborative AFH by a PHA and one or more
Qualified PHAs. How could a joint or regional assessment using the PHA
Assessment Tool be structured in a way to fulfill a regional analysis
for Qualified PHAs in different types of areas, e.g. within
metropolitan statistical areas, or in non-metro areas, including rural
areas?
E. Solicitation of Specific Comment on the Proposed PHA Assessment Tool
While the primary purpose of comment under the Paperwork Reduction
Act is to determine the burden of any information collection
requirement, HUD also solicits comment on the content of the proposed
PHA Assessment Tool, the clarity of the questions presented and whether
there are areas of information sought that PHAs and the public believe
are not necessary to a meaningful AFH, or whether there are important
areas of information for conducting a meaningful fair housing analysis
that HUD may have overlooked. HUD anticipates that it will conduct
outreach to program participants and fair housing groups relating to
these issues. HUD also solicits comments for the following questions:
Content of the Assessment Tool
In the proposed assessment tool for PHAs, HUD has made changes to
the Local Government Assessment Tool in order to capture the
appropriate level of information for PHAs conducting a fair housing
analysis and priority and goal setting. Some questions have been
removed, new questions have been added, and some questions remain, but
with revisions. As noted earlier in this notice, HUD's AFFH Web page at
https://www.hudexchange.info/programs/affh/ provides a comparison of
the Local Government Assessment Tool and this proposed PHA Assessment
Tool.
One of the differences between the Local Government Assessment Tool
and the proposed PHA Assessment Tool is the structure of the publicly
supported housing section. HUD has added two additional subsections to
this part of the analysis. The first, ``Public Housing Agency Program
Analysis,'' asks specific questions relating to the demographics and
location and occupancy of the PHA's programs including public housing
and Housing Choice Vouchers (HCV). The second, ``Fair Housing Analysis
of Rental Housing,'' asks PHAs to assess rental housing, including
affordable rental housing, in their service areas and regions. This
subsection also asks for an analysis of HCVs in the service area and
region with respect to whether HCV-assisted households, by protected
class, are able to access affordable rental housing in areas that would
promote integration and provide access to opportunity.
Specific solicitation of comment: HUD acknowledges that these two
new subsections increases the number of questions in this section,
while attempting to focus a particular set of questions directly to PHA
program operations, developments and assisted residents. HUD seeks
comment on whether this structure of adding a specific focus on PHA
programs will better facilitate the fair housing analysis PHAs must
conduct, or, whether these questions should be combined with the
``Other Publicly Supported Housing Programs'' subsection, using a
structure similar to what was used in the Local Government Assessment
Tool.
Specific solicitation of comment: HUD seeks comment on whether
conducting the new ``Fair Housing Analysis of Rental Housing'' for all
PHAs will result in a more robust analysis of fair housing in the PHA's
service area and region, even for PHAs that only administer public
housing. HUD seeks comment on whether this section should apply only to
PHAs that administer HCVs and, if so, asks commenters to provide the
reasoning.
Another difference between the Local Government Assessment Tool and
the proposed PHA Assessment Tool occurs in the analysis of contributing
factors. HUD has removed some contributing factors that did not seem as
relevant for PHAs, and also added other contributing factors that seem
more relevant for PHAs. New contributing factors include: Restrictions
on landlords accepting vouchers, impediments to portability, and
policies related to payment standards, FMR, and rent subsidies.
Descriptions of contributing factors are included as an appendix to the
proposed PHA Assessment Tool.
Specific solicitation of comment: HUD acknowledges that the
relevance of contributing factors may vary depending on the type of
program participant
[[Page 15553]]
conducting a fair housing analysis. HUD seeks comment on whether it has
identified the most relevant contributing factors for PHAs for purposes
of conducting a fair housing assessment and setting fair housing goals
and priorities. Commenters are asked to state if there are contributing
factors that are not relevant for PHAs, and to please identify them and
provide an explanation for why they are not relevant to a PHA's fair
housing analysis. Commenters are also asked if additional contributing
factors should be included, and to please provide the factor and an
explanation of why it is relevant to a PHA's fair housing analysis.
HUD has also reordered the sections of the proposed PHA Assessment
Tool so the organization is different than in the Local Government
Tool. The Disability and Access Analysis section now comes before the
Publicly Supported Housing Analysis section.
Specific solicitation of comment: The analysis of disability and
access will likely inform the PHA's analysis of publicly supported
housing. HUD seeks comment on whether the order of the sections will
better facilitate the PHA's fair housing analysis.
Identifying PHA Service Areas
As noted above, HUD intends to provide data that PHAs will use to
conduct their AFH. HUD acknowledges that PHAs' service areas are
determined by State legislation and their scope may vary. HUD does not
currently have data for all PHAs' service areas. In order to provide
data to assist PHAs in conducting their AFH, HUD will need to obtain
information about each PHA's service area in order to provide relevant
data to the PHA.
HUD will provide an online geospatial tool, either in the existing
AFFH Data and Mapping Tool (AFFH-T) or in a related online web portal
that will provide PHAs the ability to select from a variety of
geographic units, the one unit or combination of units that most
closely fits their service area. Geographic units include the most
commonly used administrative geographic units mapped by the U.S. Census
Bureau. These may include geographic entities such as census tracts,
incorporated places or minor civil divisions (collectively known to HUD
as units of general local government), entire counties, the balance of
counties after incorporated entities have been removed, entire states,
or the balance of states after incorporated local government
jurisdictions have been removed. In many cases, PHA service areas will
be the same as local governments that are already identified in the
AFFH-T, while in others PHAs would have the ability to identify their
unique service area borders using the online tool.
Specific solicitation of comment: HUD seeks comment on an efficient
manner in which HUD could use to obtain information about each PHA's
service area without causing unnecessary burden.
Specific solicitation of comment: HUD seeks comment on how fair
housing issues may affect families on a PHA's waiting list. HUD
understands that data may be limited with regards to the persons on
such lists and seeks comment on whether PHAs have relevant information
related to such residents. HUD specifically seeks comment on to what
extent do PHAs have information to inform answers to the questions
related to families on PHA waiting lists? Is HUD asking the appropriate
questions with regards to this population or are there alternative
considerations that PHAs should be asked to consider as part of the
analysis?
III. Compliance With the Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520)
(PRA), 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 valid control number issued by the Office of
Management and Budget (OMB). Through this notice, HUD commences the
process for obtaining the requisite approval by OMB under the PRA
process.
The public reporting burden for the proposed State and Insular Area
Assessment Tool is estimated to include the time for reviewing the
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Information on the estimated public reporting burden is provided in
the following table:
----------------------------------------------------------------------------------------------------------------
Estimated
Number of average time Estimated
Number of responses per Frequency of for total burden
respondents respondent response requirement (in hours)
(in hours)
----------------------------------------------------------------------------------------------------------------
PHA Assessment Tool........... 1,314 1 Once every five 240 315,360
years.
PHA Service Area Information.. 3,942 1 Once per 1 3,942
assessment of
fair housing
cycle.
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Total Burden.............. .............. .............. ................ .............. 319,302
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In accordance with 5 CFR 1320.8(d)(1), HUD is specifically
soliciting comment on the proposed PHA Tool from members of the public
and affected program participants 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 not only program participants but interested persons
to submit comments regarding the information collection requirements in
this proposal. Comments must be received by May 23, 2016 to
www.regulations.gov as provided under the ADDRESSES section of this
notice. Comments must refer to the proposal by name and docket number
(FR-5173-N-02).
Following consideration of public comments submitted in response to
this notice, HUD will submit for further public comment, for a period
of 30 days, a version of the PHA Assessment Tool that reflects
consideration of the public
[[Page 15554]]
comments received in response to this notice.
Dated: March 17, 2016.
George D. Williams,
Deputy Assistant Secretary for Policy, Legislative Initiatives and
Outreach.
[FR Doc. 2016-06492 Filed 3-22-16; 8:45 am]
BILLING CODE 4210-67-P
