60-Day Notice of Proposed Information Collection: Project Based Vouchers (PBV) Online Form, 70986-70990 [2019-27841]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70986-70990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27841]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7015-N-10]


60-Day Notice of Proposed Information Collection: Project Based 
Vouchers (PBV) Online Form

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice.

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SUMMARY: HUD is seeking approval from the Office of Management and 
Budget (OMB) for the information collection described below. In 
accordance with the Paperwork Reduction Act, HUD is requesting comment 
from all interested parties on the proposed collection of information. 
The purpose of this notice is to allow for 60 days of public comment.

DATES: Comments Due: February 24, 2020.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and/or OMB 
Control Number and should be sent to: Colette Pollard, Reports 
Management

[[Page 70987]]

Officer, QDAM, Department of Housing and Urban Development, 451 7th 
Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 
(this is not a toll-free number) or email at [email protected] 
for a copy of the proposed forms or other available information. 
Persons with hearing or speech impairments may access this number 
through TTY by calling the toll-free Federal Relay Service at (800) 
877-8339.

FOR FURTHER INFORMATION CONTACT: Dawn Smith, Office of Policy, Programs 
and Legislative Initiatives, PIH, Department of Housing and Urban 
Development, 451 7th Street SW, Room 3178, Washington, DC 20410; 
telephone 202-402-6488, (this is not a toll-free number). Persons with 
hearing or speech impairments may access this number via TTY by calling 
the Federal Relay Service at (800) 877-8339. Copies of available 
documents submitted to OMB may be obtained from Ms. Smith.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.

A. Overview of Information Collection

    Title of Information Collection: Project Based Vouchers (PBV) 
Online Form.
    OMB Approval Number: Pending OMB Approval.
    Type of Request: New.
    Form Number: HUD is developing a standardized electronic system and 
data exchange standard for this collection and will provide a web 
service to support electronic file transfer using Java Script Object 
Notation (JSON).''. Within the scope of this collection, HUD requests 
the information in this notice from participating PHAs
    Description of the need for the information and proposed use: 
Public Housing Agencies (PHAs) apply for funding to assist low-income 
families to lease housing. One of the programs through which PHAs 
provide housing assistance is the Housing Choice Voucher (HCV) Program, 
a tenant-based rental assistance program. This program operates by 
providing vouchers that cover a portion of the contract rent for a 
unit. Some PHAs project-base their vouchers (the rental assistance is 
connected to a unit, not a family). Project-based vouchers (PBVs) are 
becoming a larger percentage of PHAs overall HCV portfolios, rising 
from just over 110,000 in 2016 to approximately 215,000 in mid-2019. 
The PBV portfolio is expected to grow even more with the on-going 
conversion of up to 455,000 public housing units to project-based 
assistance under the Congressionally authorized Rental Assistance 
Demonstration (RAD). HUD currently collects information on individual 
participants in the HCV program who are in PBV units and Project 
certificate (PBC) housing through the PIC system. In addition, HUD 
collects aggregate information on the total number of PBVs under 
contract at the PHA level. HUD currently does not systematically 
collect information on the project or development level for PBVs.
    This leaves a gap in HUD's information collection of PBVs between 
the individual tenant data and the aggregated PHA data. HUD does not 
systematically collect information on the development or project level, 
including the number of units at PBV projects, what exceptions apply, 
their rents, the terms of contract, and numerous other potential data 
points. This creates a challenge for monitoring, tracking and analyzing 
PBV projects, and limits HUD's ability to respond to requests for 
information on the PBV program from Congress and other sources. 
Additionally, it prevents HUD from having data with which to make 
informed decisions on risk-mitigation strategies with respect to PBVs.
    Potential risks are particularly heightened in the case of two 
specific program categories; Rental Assistance Demonstration (RAD) that 
transition to be Project Based Vouchers and PHA-owned units where an 
independent entity performs inspections and determines the rent 
amounts. What distinguishes RAD PBVs from regular Project-Based 
Vouchers is their initial construction was paid for by HUD, rents are 
initially set below market level, and they are supposed to remain 
affordable in perpetuity. Currently, HUD has very limited information 
about RAD-PBV properties after their conversion and is unable to 
adequately monitor their long-term viability. PHA-owned PBVs pose a 
risk because PHAs may assist properties they own, subject to the 
independent entity requirement. PHAs may assist properties they own, 
subject to the independent entity requirement In addition, many other 
non-RAD or PHA-owned projects, such as those with 100% PBVs serving 
disabled or requiring supporting services represent crucial affordable 
housing resources for vulnerable communities that cannot be quickly and 
easily replaced through providing a voucher.
    Through this collection, HUD is requiring the submission of 
project-level data on all Project-Based Vouchers, including but not 
limited to Rental Assistance Demonstration Project Based-Vouchers, 
mixed finance Project-Based Vouchers, all Project-Based Vouchers at 
Moving to Work Agencies, and all Project Based Vouchers at non-Moving 
to Work Agencies.
    The fields of collection for PBV projects may include:

HAP Contract Number
Name of Project
Address of Building(s) and Units
Number of Units Under AHAP
Number of Units Under HAP Contract by Bedroom Size
Number of Total Units in the Project
Structure Type
Type: Existing, Rehabilitated, or Newly Constructed
Effective Date(s) of AHAP
Effective Date(s) of HAP Contract
Expiration Date
Owner Name
Owner Tax ID
Management Entity
PHA-Owned, PHA Has Ownership Interest but Not PHA-Owned, No PHA 
Ownership Interest
If PHA-Owned: Name of Independent Entity or Entities
Other Related Programs: Tax Credit, RAD, HUD-insured, VASH, or Other
Population Served: General, Homeless, Veterans, Families Eligible for 
Supportive Services, Families Receiving Supportive Services, Elderly 
Family, Disabled Family
Does an Exception to the Income-Mixing Requirement Apply?
If Yes, Which Exceptions(s)
Supportive Services Available (Y/N)?
Vacancy Payments Permitted (Y/N)?
Program Cap Exception (Y/N)?
Program Cap Exception Category
Unique Project Building Code*
HAP Contract Code*
Number of RAD PBVs
Use Restriction End Date
Year Built
Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility 
Units at the Project
Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/
Vision Units at the Project

* The Unique Project Building Code and HAP Contract Code may be 
produced by the system or a protocol for numbering may be established 
by HUD.

    HUD recognizes that some of this information may be submitted to 
HUD, for instance as part of the initial subsidy layering review 
process, however, these submissions are insufficient to give HUD a 
universal and currently accurate picture of the Project Based Voucher 
universe. Therefore, HUD is proposing this information collection.

[[Page 70988]]

Definitions

HAP Contract Number
    A unique number assigned to a Form HUD-52530-A (PBV HAP Contract--
New Construction or Rehabilitation) or Form HUD-52530-B (PBV HAP 
Contract--Existing Housing) (hereinafter ``HAP contract'') executed for 
the project, which may be produced by the system or a protocol for 
numbering may be established by HUD.
Name of Project
    The name of the project as determined by the PHA as used in public 
or property records (where such records contain a name of the property 
as a whole) or the commonly used name of the project (such as the name 
on a sign at the property entrance). If no such name exists, a name for 
the project designated by the PHA for use in the system. ``Project'' is 
defined consistent with 24 CFR 983.3(b) as ``a single building, 
multiple contiguous buildings, or multiple buildings on contiguous 
parcels of land.''
Address of Building(s) and Units
    The street address, city, state, and zip code of the building or 
buildings covered by the HAP contract and all units covered under the 
HAP contract.
Number of Units Under AHAP
    Total number of units in the project covered by the Form HUD-52523-
A and Form HUD-52523-B (Agreement to Enter into a Housing Assistance 
Payment Contract) (hereinafter ``AHAP'').
Number of Units Under HAP Contract by Bedroom Size
    Total number of contract units in the project covered by the HAP 
contract, broken out by each bedroom size (0, 1, 2, 3, 4, 5+).
Number of Total Units in the Project
    Total number of units in the project, including those covered by an 
AHAP or HAP contract and non-contract units.
Structure Type
    The most closely matching description of the project from among 
this list: Elevator Structure, Mixed Type, Row or Townhouse Style 
(Separate Entrances), Semi Detached, Single Family/Detached, Walkup/
Multifamily Apt (Shared Entrance).
Type: Existing, Rehabilitation or Newly Constructed
    The following definitions apply consistent with 24 CFR 983.3(b), as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
Existing Housing
    Housing units that already exist on the proposal selection date and 
that substantially comply with the HQS on that date.
Rehabilitated Housing
    Housing units that exist on the proposal selection date, but do not 
substantially comply with the HQS on that date, and are developed, 
pursuant to an Agreement between the PHA and owner, for use under the 
PBV program.
Newly Constructed Housing
    Housing units that do not exist on the proposal selection date and 
are developed after the date of selection pursuant to an Agreement 
between the PHA and owner for use under the PBV program.
    Upon amendment of 24 CFR 983.3(b), the new definitions therein will 
supersede the definitions listed here.
Effective Date(s) of AHAP
    Effective date(s) listed in Sec.  1.4 of Part 1 the AHAP. A single-
stage project will have the same Agreement effective date for all 
contract units. A multi-stage project will separate effective dates for 
each stage.
Effective Date(s) of HAP Contract
    Effective date(s) listed in Sec.  1(d) of Part 1 of the HAP 
contract. A single-stage project will have the same effective date for 
all contract units. For a multi-stage project, include the dates of 
each stage and the contract units covered by each stage.
Expiration Date
    The HAP contract term end date, as determined by adding the length 
of the HAP contract term (initial and any extensions) to the effective 
date listed in Sec.  1(d) of Part 1 of the HAP contract (for a multi-
stage project, use the effective date of the first stage). The length 
of the initial and extension HAP contract terms shall be those listed 
in the HAP contract (for existing projects: Sec.  1(d) of Part 1 of the 
Form HUD-52530-B HUD and associated exhibits; for newly constructed and 
rehabilitated projects: Sec.  1(e) of Part 1 of the Form HUD-52530-A 
and associated exhibits).
Owner Name
    The owner name as listed in Sec.  1(a) of Part 1 of the HAP 
contract and contact information (telephone and email).
Owner Tax ID
    The owner's federal tax identification number.
Management Entity
    Name of the company or agency that manages the property and contact 
information (telephone and email).
PHA-Owned, PHA Has Ownership Interest But Not PHA-Owned, No PHA 
Ownership Interest
    The following definitions apply consistent with 24 CFR part 983, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
    (1) PHA-owned:
    a. Owned by the PHA (which includes a PHA having a ``controlling 
interest'' in the entity that owns the unit);
    b. Owned by an entity wholly controlled by the PHA; or
    c. Owned by a limited liability company (LLC) or limited 
partnership in which the PHA (or an entity wholly controlled by the 
PHA) holds a controlling interest in the managing member or general 
partner.
    ``Controlling interest'' means:
    a. Holding more than 50 percent of the stock of any corporation;
    b. Having the power to appoint more than 50 percent of the members 
of the board of directors of a non-stock corporation (such as a non-
profit corporation);
    c. Where more than 50 percent of the members of the board of 
directors of any corporation also serve as directors, officers, or 
employees of the PHA;
    d. Holding more than 50 percent of all managing member interests in 
an LLC;
    e. Holding more than 50 percent of all general partner interests in 
a partnership; or
    f. Having equivalent levels of control in other ownership 
structures. Most ownership structures are already covered in the 
categories listed above. This last category is meant to cover any 
ownership structure not already listed in the categories above. Also, 
under this category (f), a PHA must have more than 50 percent control 
in that ownership structure (an equivalent level of control) for the 
project to be considered PHA-owned.
    (2) PHA ownership interest: An ownership interest means that the 
PHA or its officers, employees, or agents are in an entity that holds 
any direct or indirect interest in the project in which the units are 
located, including, but not limited to, an interest as:
    a. Titleholder;
    b. Lessee;
    c. Stockholder;
    d. Member, or general or limited partner; or
    e. Member of a limited liability corporation.

[[Page 70989]]

    (3) No PHA ownership interest: The PHA has no ownership interest in 
the property.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
If PHA-Owned: Name of Independent Entity or Entities
    If the project is PHA-owned, the independent entity or entities 
which perform the following functions consistent with 24 CFR part 983:
    1. Review the PHA's PBV selection process.
    2. Establish PBV contract rents (initial rent to owner and 
redetermined rent to owner).
    3. Determine rent reasonableness.
    4. Provide a copy of the rent reasonableness determination to the 
PHA and the HUD field office where the project is located.
    5. Establish term of initial and any renewal HAP contract as 
required in 24 CFR 983.205.
    6. Inspect units.
    7. Provide a copy of the inspection report to PHA and HUD field 
office where the project is located.
Other Related Programs: Tax Credit, RAD, HUD-Insured, VASH, or Other
    List any HUD voucher authority other than regular Housing Choice 
Vouchers used to provide PBVs to the project (e.g., RAD, VASH). List 
other governmental housing assistance from federal, state, or local 
agencies, including assistance such as tax concessions or tax credits 
(e.g., HUD-insured, Tax Credit).
Population Served: General, Homeless, Veterans, Families Eligible for 
Supportive Services, Families Receiving Supportive Services, Elderly 
Family, Disabled Family
    List the population(s) served if the project contains units 
specifically made available for or exclusively made available to a 
specific population. If some units are not specifically made available 
for or exclusively made available to a specific population listed 
below, mark ``General.'' The definitions of each population are found 
in the following locations, consistent with 24 CFR parts 5, 983, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
    1. Homeless: PIH Notice 2017-21, Attachment D.
    2. Veterans: PIH Notice 2017-21, Attachment D.
    3. Families eligible for supportive services: PIH Notice 2017-21, 
Attachments D and E.
    4. Families receiving supportive services: PIH Notice 2017-21, 
Attachment E.
    5. Elderly family: 24 CFR 5.403.
    6. Disabled family: 24 CFR 5.403.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
Does an Exception to the Income-Mixing Requirement Apply?
    Provide an answer (yes/no) to the question of whether the project 
qualifies for an exception to the income-mixing requirement under 24 
CFR 983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 
14, 2017).
If Yes, Which Exception(s)
    Choose the applicable exception from among those allowed by 24 CFR 
983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 
2017). The definitions of the exception categories are found in the 
following locations:
    1. Units that are exclusively made available to households eligible 
for supportive services: PIH Notice 2017-21, Attachment E.
    2. Units that are specifically made available for families 
receiving supportive services: PIH Notice 2017-21, Attachment E, for 
grandfathered projects as described therein.
    3. Units that are exclusively made available to elderly families: 
PIH Notice 2017-21, Attachment E.
    4. Units that are specifically made available for disabled 
families: PIH Notice 2017-21, Attachment E, for grandfathered projects 
as described therein.
    5. Units located in a census tract with a poverty rate of 20 
percent or less: PIH Notice 2017-21, Attachment E.
    6. Units that were previously subject to certain federal rent 
restrictions or receiving another type of long-term housing subsidy 
provided by HUD: PIH Notice 2017-21, Attachment F, for projects that 
meet the additional requirements as described therein.
    7. RAD PBV units: PIH Notice 2017-21, Attachment F.
    8. HUD-VASH vouchers specifically designated for project-based 
assistance: PIH Notice 2017-21, Attachment F.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
Supportive Services Required/Available
    If the project has supportive services available to residents so as 
to qualify for an exception to 24 CFR 983.56
Vacancy Payments Permitted
    Provide an answer (yes/no) to the question of whether the PHA has 
included the vacancy payment provision in this HAP contract (for 
existing projects: Sec.  1(e)(2) of Part 1 of the Form HUD-52530-B HUD; 
for newly constructed and rehabilitated projects: Sec.  1(f)(2) of Part 
1 of the Form HUD-52530-A).
Program Cap Exception (Y/N)?
    Provide an answer (yes/no) to the question of whether the project 
qualifies for an exception to the program cap under 24 CFR 983.6, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017).
Program Cap Exception Category
    Choose the applicable exception from among those allowed by 24 CFR 
983.6, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 
2017). The definitions of the exception categories are found in the 
following locations:
    1. Units that are specifically made available to house homeless 
individuals and families: PIH Notice 2017-21, Attachment D.
    2. Units that are specifically made available to house families 
that are comprised of or include a veteran: PIH Notice 2017-21, 
Attachment D.
    3. Units that provide supportive housing to persons with 
disabilities or to elderly persons: PIH Notice 2017-21, Attachment D.
    4. Units located in a census tract with a poverty rate of 20 
percent or less: PIH Notice 2017-21, Attachment D.
    5. Units that were previously subject to certain federal rent 
restrictions or receiving another type of long-term housing subsidy 
provided by HUD: PIH Notice 2017-21, Attachment F, for projects that 
meet the additional requirements as described therein.
    6. RAD PBV units: PIH Notice 2017-21, Attachment F.
    7. HUD-VASH vouchers specifically designated for project-based 
assistance: PIH Notice 2017-21, Attachment F.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
Unique Project Building Code *
    Code may be produced by the system or a protocol for numbering may 
be established by HUD.
Use Restriction End Date
    Provide an answer (yes/no) to the question of whether the project 
is subject to a use restriction imposed by HUD. If yes, provide the end 
date of the use restriction.
Number of RAD PBVs
    Number of PBVs that converted under the Rental Assistance 
Demonstration Program.

[[Page 70990]]

HAP Contract Amount
    Code may be produced by the system or a protocol for numbering may 
be established by HUD.
Year Built
    The year the project's construction was first completed.
Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility 
Units at the Project
    This field captures the number of PBV-assisted units at the project 
that are accessible for persons with mobility impairments in accordance 
with Section 504 of the Rehabilitation Act of 1973 and HUD's 
implementing regulations at 24 CFR part 8. Such units must meet either 
the Uniform Federal Accessibility Standards (UFAS) or 2010 Americans 
with Disabilities Act (ADA) Standards (in accordance with HUD's Deeming 
Notice published in the Federal Register on May 23, 2014 (79 FR 
29671)).
Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/
Vision Units at the Project
    PHAs would be required to enter this information into the online 
form when a new project came under Housing Assistance Payment (HAP) 
contract, and when project or development information changed. The 
unique project code identifier will tie to future potential changes to 
the 50058 which will permit linking HUD assisted-tenants to HUD 
assisted-properties. This is a new information collection.
    Respondents (i.e. affected public): Public housing authorities 
(PHAs) that have project-based vouchers (PBVs) as a part of their 
portfolio.
    Note: Preparer of this notice may substitute the chart for 
everything beginning with estimated number of respondents above:

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                                      Number of       Frequency of    Responses per   Burden hour per   Annual burden   Hourly cost per
      Information collection         respondents        response          annum           response          hours           response       Annual cost
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PBV Property Information.........             668                6            4,008              1,5            6,012           $40.10        $241,0188
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our burden estimate for the number of respondents is based on a 
recent VMS total of the number of PHAs reporting PBVs in VMS. It is 
assumed PHAs will have to do a one-time submission for all the projects 
as well as potentially make updates when changes occur to the PBV 
projects (frequency of responses). The ``responses per annum'' 
represents an estimate of the amount of PBV projects that will need to 
be entered into the system. This number is multiplied by the frequency 
of responses to arrive at an annual estimate of burden hours. This is 
then multiplied by median average wage of a ``Management Analyst'' 
according to the Bureau of Labor Statistics for 2019 to arrive at a 
total annual cost.\1\ It is anticipated that this cost will decline in 
subsequent years as PHAs only need to update information already in the 
system when changes are made to PBV projects.
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    \1\ https://www.bls.gov/oes/current/oes131111.htm.
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B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond; including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    (5) In this information collection, HUD has proposed collecting 
information on PBV-assisted units in PBV projects that are Section 504 
accessible. Would it be feasible and useful to also collect this 
information on non-assisted units at PBV projects that do not receive 
PBV assistance Project-Based Voucher projects? Are there any potential 
barriers to collecting this information?
    HUD encourages interested parties to submit comment in response to 
these questions.

C. Authority

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35.

    Dated: December 13, 2019.
Nora McArdle,
Senior Program Analyst, Office of Policy, Program and Legislative 
Initiatives.
[FR Doc. 2019-27841 Filed 12-23-19; 8:45 am]
 BILLING CODE 4210-67-P