60-Day Notice of Proposed Information Collection: Comment Request Implementation of the Housing for Older Persons Act of 1995 (HOPA), 89964-89965 [2016-29754]
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89964
Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
TSA canine. TSA will use the
information collected to evaluate the
individual according to the CTC
program guidelines. The collection
includes information about the
individual’s household, personal
references, and current pet and
veterinarian information. In addition,
TSA will collect the individual’s
agreement to transport the canine home
from TSA CTC in San Antonio, Texas,
and to provide any necessary medical
care, including, but not limited to,
heartworm and flea preventives, and
annual vaccinations, for the duration of
the canine’s life. TSA will also collect
an attestation that all information
submitted is true.
TSA estimates that annually 300
individuals will complete the adoption
application and that it will take
approximately 10 minutes or 0.1666
hours. This will give an estimated
annual time burden to the public of 50
hours.
Use of Results
TSA CTC Adoption Program will use
the information to assess the adoption
applicant’s suitability for placement of a
TSA canine who has participated in the
TSA CTC explosives detection training.
Dated: December 8, 2016.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Office
of Information Technology.
[FR Doc. 2016–29878 Filed 12–12–16; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5911–N–03]
60-Day Notice of Proposed Information
Collection: Comment Request
Implementation of the Housing for
Older Persons Act of 1995 (HOPA)
Notice of Submission of Proposed
Information Collection to OMB
Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
AGENCY:
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
Paperwork Reduction Act of 1995. HUD
is soliciting public comments on the
subject proposal.
DATES: Comment Due Date: February 13,
2017.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed information collection
pmangrum on DSK3GDR082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
15:08 Dec 12, 2016
Jkt 241001
requirement. Comments should refer to
the proposal by name and/or OMB
Control Number, and should be sent to:
Deborah T. Ambers, Equal Opportunity
Specialist, Enforcement Support
Division, Office of Enforcement,
Department of Housing and Urban
Development, 451 7th Street SW., Room
5208, Washington, DC 20410–2000, or
the toll-free number for the Federal
Relay Service at: 1–(800) 877–8339.
FOR FURTHER INFORMATION CONTACT:
Lynn M. Grosso, Director, Office of
Enforcement, Department of Housing
and Urban Development, 451 7th Street
SW., Room 5226; Washington, DC
20410–2000; telephone (202) 402–5361
(this is not a toll-free number). Hearing
or speech-impaired individuals may
access this number via TTY by calling
the toll-free Federal Relay Service at: 1(800) 877–8339.
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).
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 § 3607(b)(2) of the Act,
Congress exempted three (3) categories
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Frm 00073
Fmt 4703
Sfmt 4703
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
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
E:\FR\FM\13DEN1.SGM
13DEN1
pmangrum on DSK3GDR082PROD with NOTICES
Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
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
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
VerDate Sep<11>2014
15:08 Dec 12, 2016
Jkt 241001
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 information collection.
Authority: Section 3506 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35,
as amended.
Dated: December 2, 2016.
Timothy M. Smyth,
Deputy Assistant Secretary for Enforcement
and Programs.
[FR Doc. 2016–29754 Filed 12–12–16; 8:45 am]
BILLING CODE 4210–67–P
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89965
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6000–FA–21]
Announcement of Funding Awards;
Fair Housing Initiatives Program Fiscal
Year 2016
Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, the Department of Housing
and Urban Development, HUD.
ACTION: Announcement of funding
awards.
AGENCY:
In accordance with section
102(a)(4)(C) of the Department of
Housing and Urban Development
Reform Act of 1989, this announcement
notifies the public of funding decisions
made by the Department under the
Notices of Funding Availability
(NOFAs) for the Fair Housing Initiatives
Program (FHIP) for Fiscal Year (FY)
2016. This announcement contains the
names and addresses of those award
recipients selected for funding based on
the rating and ranking of all
applications and the amount of the
awards.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Myron Newry, Director, FHIP Division,
Office of Programs, Office of Fair
Housing and Equal Opportunity,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 5230, Washington, DC 20410.
Telephone number (202) 402–7095 (this
is not a toll-free number). Persons with
hearing or speech impairments may
access this number through TTY by
calling the toll-free Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: Title VIII
of the Civil Rights Act of 1968, as
amended, 42 U.S.C. 3601–19 (the Fair
Housing Act) provides the Secretary of
Housing and Urban Development with
responsibility to accept and investigate
complaints alleging discrimination
based on race, color, religion, sex,
handicap, familial status or national
origin in the sale, rental, or financing of
most housing. In addition, the Fair
Housing Act directs the Secretary to
coordinate with State and local agencies
administering fair housing laws and to
cooperate with and render technical
assistance to public or private entities
carrying out programs to prevent and
eliminate discriminatory housing
practices.
Section 561 of the Housing and
Community Development Act of 1987,
42 U.S.C. 3616, established FHIP to
strengthen the Department’s
enforcement of the Fair Housing Act
and to further fair housing. This
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89964-89965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29754]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5911-N-03]
60-Day 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 Paperwork Reduction Act of 1995. HUD is soliciting
public comments on the subject proposal.
DATES: Comment Due Date: February 13, 2017.
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: Deborah T. Ambers, Equal Opportunity Specialist, Enforcement
Support Division, Office of Enforcement, Department of Housing and
Urban Development, 451 7th Street SW., Room 5208, Washington, DC 20410-
2000, or the toll-free number for the Federal Relay Service at: 1-(800)
877-8339.
FOR FURTHER INFORMATION CONTACT: Lynn M. Grosso, Director, Office of
Enforcement, Department of Housing and Urban Development, 451 7th
Street SW., Room 5226; Washington, DC 20410-2000; telephone (202) 402-
5361 (this is not a toll-free number). Hearing or speech-impaired
individuals may access this number via TTY by calling the toll-free
Federal Relay Service at: 1-(800) 877-8339.
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
[[Page 89965]]
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 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 information collection.
Authority: Section 3506 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35, as amended.
Dated: December 2, 2016.
Timothy M. Smyth,
Deputy Assistant Secretary for Enforcement and Programs.
[FR Doc. 2016-29754 Filed 12-12-16; 8:45 am]
BILLING CODE 4210-67-P
