30-Day Notice of Proposed Information Collection: Project Based Vouchers (PBV) Data Collection; OMB Control No.: 2577-NEW Collection, 60249-60255 [2020-21051]
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Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
Agenda: To review and evaluate grant
applications.
Place: National Institute of Allergy and
Infectious Diseases, National Institutes of
Health, 5601 Fishers Lane, Room 3G51,
Rockville, MD 20892 (Virtual Meeting).
Contact Person: Amir E. Zeituni, Ph.D.,
Scientific Review Program, Division of
Extramural Activities, Room 3G51, National
Institute of Allergy and Infectious Diseases,
National Institutes of Health, 5601 Fishers
Lane, Room 3G51, Rockville, MD 20852–
9823, 301–496–2550, amir.zeituni@nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.855, Allergy, Immunology,
and Transplantation Research; 93.856,
Microbiology and Infectious Diseases
Research, National Institutes of Health, HHS)
Dated: September 21, 2020.
Tyeshia M. Roberson,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2020–21117 Filed 9–23–20; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Prospective Grant of an Exclusive
Patent Commercialization License:
Method of Treating Periodontal
Disease via ENPP1 Inhibition
AGENCY:
National Institutes of Health,
HHS.
ACTION:
Notice.
The National Institute of
Arthritis and Musculoskeletal and Skin
Diseases, of the National Institutes of
Health, Department of Health and
Human Services, is contemplating the
grant of an exclusive patent
commercialization license to Petragen,
Inc., a start-up company incorporated in
the state of Delaware, to practice the
inventions covered by the patent estate
listed in the Supplementary Information
section of this notice. This notice is
intended to apprise the public of the
aforementioned license and provide a
fifteen (15) day notice period for the
objection.
DATES: Only written comments and/or
applications for a license which are
received by the National Heart, Lung,
and Blood Institute Office of
Technology Transfer and Development
on or before October 9, 2020 will be
considered.
ADDRESSES: Requests for copies of
patent applications (electronic only),
inquiries, and comments relating to the
contemplated an exclusive patent
license should be emailed to: Benfeard
Williams, II, Ph.D., Technology Transfer
Manager, 31 Center Drive, Room 4A29,
SUMMARY:
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MSC 2479, Bethesda, MD 20892–2479,
phone number 301–435–4507, or
benfeard.williams@nih.gov.
SUPPLEMENTARY INFORMATION:
Intellectual Property (Patent Estate)
HHS Ref. No. E–024–2018–0, U.S.
Provisional Patent Application 62/
590,824 filed November 27, 2017,
International Patent Application PCT/
US2018/062593 filed November 27,
2018, Chinese Patent Application
201880076753.7 filed November 27,
2018, European Patent Application
18816451.1 filed November 27, 2018,
Israeli Patent Application 274529 filed
November 27, 2018 and U.S. Patent
Application 16/765,420 filed May 19,
2020, and any and all continuation or
divisional applications claiming priority
to any of the above.
The patent rights in these inventions
have been assigned or exclusively
licensed to the Government of the
United States of America.
The aforementioned patent estate
covers methods of treating or preventing
periodontal disease in a subject by
administering an inhibitor of ENPP1. In
addition, the claims cover
pharmaceutical compositions for use in
the treatment or prevention of
periodontal disease, or for increasing
cementum formation. In particular, the
dependent claims cover ENPP1
inhibitors comprising analogues of ATP
derivatives, wherein the ENPP1
inhibitor is bound to nanoparticles,
nanofibers, suture materials,
microspheres, polymers, fibers,
matrices, gels, or a combination thereof.
The treatment methods also include
dependent claims wherein treating or
preventing periodontal disease
comprises increasing cementum
formation and wherein the composition
is formulated for injection in gum
tissue, local delivery at a surgical flap,
buccal delivery, delivery by a resorbable
suture, delivery by a wound healing
dressing, or a combination of the
foregoing.
Inhibition of the glycoprotein ENPP1
promotes cementum formation in
mammals. Cementum, an avascular
mineralized tooth root structure,
attaches the tooth to the periodontal
ligament and supporting bone.
Cementum has limited turnover and
subjects with periodontal disease
experience localized loss of cementum
resulting in the detachment of the
periodontal ligament from the tooth
root. Increasing cementum formation
can be used to treat periodontal disease.
The prospective exclusive license
territory may be worldwide and in a
field of use that may be limited to
Therapeutics for periodontitis or
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60249
gingivitis, and where the ‘‘Licensed
Products’’ are expected to be inhibitors
of ecto-nucleotide pyrophosphate/
phosphodiesterase-I (ENPP1) within the
scope of the Licensed Patent Rights.
This notice is made in accordance
with 35 U.S.C. 209 and 37 CFR part 404.
The prospective exclusive patent
commercialization license will be
royalty bearing. The prospective
exclusive license may be granted unless
within fifteen (15) days from the date of
this published notice, the National
Heart, Lung, and Blood Institute Office
of Technology Transfer and
Development receives written evidence
and argument that establishes that the
grant of the license would not be
consistent with the requirements of 35
U.S.C. 209 and 37 CFR part 404.
In response to this Notice, the public
may file comments or objections.
Comments and objections, other than
those in the form of a license
application, will not be treated
confidentially, and may be made
publicly available.
License applications submitted in
response to this notice will be presumed
to contain business confidential
information and any release of
information in these license
applications will be made only as
required and upon a request under the
Freedom of Information Act, 5 U.S.C.
552.
Dated: September 17, 2020.
Bruce D. Goldstein,
Director, Office of Technology Transfer and
Development, National Heart, Lung, and
Blood Institute.
[FR Doc. 2020–21060 Filed 9–23–20; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7024–N–40]
30-Day Notice of Proposed Information
Collection: Project Based Vouchers
(PBV) Data Collection; OMB Control
No.: 2577–NEW Collection
Office of the Chief Information
Officer, Housing and Urban
Development (HUD).
ACTION: Notice.
AGENCY:
HUD has submitted the
proposed information collection
requirement described below to the
Office of Management and Budget
(OMB) for review, in accordance with
the Paperwork Reduction Act. The
purpose of this notice is to allow for an
additional 30 days of public comment.
SUMMARY:
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DATES:
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
Comments Due Date: October 26,
2020.
Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
Start Printed Page 15501PRAMain. Find
this particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette.Pollard@hud.gov or telephone
202–402–3400. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. This is not a toll-free number.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD has
submitted to OMB a request for
approval of the information collection
described in Section A. The Federal
Register notice that solicited public
comment on the information collection
for a period of 60 days was published
on December 26, 2019 at 84 FR 70986.
60 Day Collection:
On December 26, 2019, at 84 FR
70986, HUD published its 60-day notice,
the first notice for public comment
required by the PRA, to commence the
process for approval of the collection of
certain data on Project Based-Vouchers
(PBV) via an online form. HUD
specifically solicited public comment
on several issues. The 60-day public
comment period ended on February 24,
2020. HUD received 13 comments. The
following section, includes HUD’s
responses to these comments, several of
which prompted changes to the
proposed data fields to be collected.
Comment: A number of commenters
replied that HUD collects a portion of
this data in existing systems such as PIC
or VMS, or through collection of data
through the RAD conversion or subsidy
layering review processes. They urged
HUD to look at ways to utilize and
aggregate existing data to reduce the
amount of data that PHAs will have to
enter for this PRA.
HUD Response: HUD appreciates
these commenters’ concerns that HUD
may collect some of this information
through existing processes and systems.
While there is no systematic, universal
ADDRESSES:
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collection of data on PBV at the project
level, HUD is aware that it does collect
some information through systems such
as PIC that could be useful for
prepopulating fields. HUD will explore
the feasibility of aggregating this data to
prepopulate those fields that could be
prepopulated. In addition, HUD
anticipates that some of the current PBV
reporting would be replaced by the new
online form.
Comment: Commenters expressed
concern about the potential burden this
data collection would have on PHAs.
Specific concerns were addressed
around the Department’s estimate of
burden that estimated PHAs would
report on this data 6 times per year.
Some commenters suggested that PHAs
should only have to report on this
information annually. Other
commenters stated that the estimated
time suggested for each individual entry
was too low at 1.5 hours and suggested
a more accurate time estimate would be
3–4 hours per project.
HUD response: HUD understands
PHA concerns about burden and the
estimate in the notice. First, HUD would
like to clarify that this data would not
be collected once a year or annually.
This involves an initial one-time
collection of data on PBV projects for
PHAs. Any subsequent reporting would
only be required when changes occurred
on the project that would require the
PHA to update any of the fields listed
in the notice. Since most of the fields in
the notice would not need to be updated
during the course of the PBV contract,
the burden hours after the initial
collection would drop significantly.
Comment: Several commenters
expressed concern whether the
information collection was designed to
provide a systematic means to collect
information or whether HUD intends to
use this information collection to
implement new regulations and other
enforcement actions.
HUD Response: The primary purpose
of this collection is not to implement
any enforcement actions. The purpose
of the collection is for HUD to have data
on the project level for this part of the
HCV program which
Comment: Several Commenters
recommended that the Department
make the data it collects easily available
to the public in an easily accessible
manner while maintaining all necessary
protections for privacy for HCV families.
HUD Response: HUD appreciates the
concerns of commenters and is
committed to making as much
information public as feasible while
protecting the legitimate privacy
concerns of tenants and other
stakeholders.
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Comment: One commenter stated they
do not specifically designate 504
accessible units until the tenant informs
them and then they retrofit the unit.
They indicated that it may be difficult
to identify these units.
HUD Response: For projects that come
under new PBV Housing Assistance
Payment (HAP) contracts, the online
form will require that the PHA identify
the PBV-assisted accessible units at the
project. For projects under existing HAP
contracts, the online form will include
fields where the PHA may identify the
PBV-assisted accessible units at the
project. The PHA must enter this
information if it has this information or
can readily obtain this information.
PHAs are strongly encouraged to make
reasonable efforts to obtain this
information and enter it into the online
form as it would provide both HUD and
the PHA with a more complete picture
of the PHA’s accessible housing stock.
Such information can be used by both
HUD and the PHA to ensure that PBV
projects meet the requirements for the
minimum number of accessible units
and that accessible units are occupied
by persons with disabilities who require
the accessibility features of the unit, in
accordance with Section 504 of the
Rehabilitation Act of 1973 and HUD’s
implementing regulations at 24 CFR part
8. If a PHA makes alterations to a project
that results in the creation of PBVassisted accessible units, this would be
considered a change in the project and
the PHA must report this change by
updating the online form.
Comment: One commenter asked in
regard to the collection also requiring
the identification of Section 504
mobility units and Section 504 visionand hearing-impaired units whether a
number of units by bedroom size needs
to be provided, or whether the specific
units need to be identified.
HUD Response: The online form will
require the PHA to report the number of
PBV-assisted units, by bedroom size,
that are accessible to persons with
mobility impairments or accessible to
persons with hearing or vision
impairments. The specific units will not
need to be entered into the online form.
Comment: Another commenter asked
regarding the reporting of accessible
units meeting either the UFAS or the
2010 ADA standards: whether the
specific standard met would need to be
identified.
HUD Response: The online form will
require the PHA to identify which
accessibility standard was used. The
online form will require the PHA to
indicate whether the accessible unit
meets UFAS or the Deeming Notice/
2010 ADA standards, in accordance
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Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
with HUD’s Notice on ‘‘Instructions for
use of alternative accessibility
standard,’’ published in the Federal
Register on May 23, 2014 (‘‘Deeming’’).
Collecting information on Section 504
accessible units that are not receiving
PBV assistance that exist in properties
where other units are receiving PBV
assistance would have some usefulness
in assessing the overall availability of
accessible units in the community,
neighborhood, municipality, etc. This
usefulness would be limited, however,
without a much broader inventory of
accessible units. It also might be useful
to individuals and service agencies in
identifying accessible units for those
seeking such units. The feasibility of
collecting such information, however,
will vary tremendously from project to
project and will not be feasible in all
situations. HUD strongly encourages
PHAs to report the total number and
bedroom distribution of accessible units
at PBV projects (including PBV-assisted
and non-PBV-assisted accessible units),
as this would provide a more complete
picture of whether the PBV project is
providing the required minimum
number of accessible units. However,
HUD recognizes that PHAs may face
challenges in collecting information on
accessible units that are not receiving
PBV assistance. The online form will
contain a field that allows PHA to
identify non-PBV-assisted accessible
units at the project, but completion of
this field will not be mandatory.
Comment: One commenter discussed
how burdensome the initial data
collection would be for PHAs with
many PBV contracts. The commenter
suggested that, once the collection
begins, PHAs enter the initial
submission for new HAP/AHAP
contracts at time of execution and enter
all initial submissions for existing
contracts at time of contract renewal.
HUD Response: HUD understands
that PHAs with many HAP contracts
would have significant amounts of data
to input on first submission. However,
waiting until contract renewal would
take many years for HUD to get a full
picture of the PBV portfolio since HAP
contracts may have initial terms of up
to 20 years and extension terms of up
to 20 years. Instead HUD will allow a
phase-in period for existing contracts to
be inputted once the collection begins.
Additionally, HUD is mindful of the
challenges facing PHAs in 2020 from the
COVID–19 pandemic and does not plan
on starting the clock on any collection
in 2020.
Comment: Some commenters
suggested that for MTW agencies who
already answer a few PBV questions on
the MTW report, that it would be better
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to add additional necessary questions
there.
HUD Response: The intent of this
form is to centralize the collection of
PBV data. It is HUD’s intention to
remove PBV questions from the MTW
report when this collection of PBV data
actually occurs.
Comment: One commenter said that
MTW agencies can waive the
independent entity requirement and so
cannot adequately answer the question
on the name of the independent entity
for a PBV project on the form.
HUD Response: MTW agencies may
indicate that this question is not
applicable to them, should they be
implementing this waiver.
Comment: One commenter pointed
out that MTW agencies can waive the
income-mixing requirement and there
was no way to indicate that on the form.
HUD Response: MTW agencies may
indicate that this question is not
applicable to them, should they be
implementing this waiver.
Comment: One commenter stated that
the form asks if a PHA is exceeding the
program cap with an exception and
what that exception is. MTW agencies
may waive the program cap without an
exception.
HUD Response: MTW agencies may
indicate if they are waiving the program
cap and are not applying any specific
exceptions.
B. 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
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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 PHAowned units where an independent
entity performs inspections and
determines the rent amounts. What
distinguishes RAD PBVs from regular
Project-Based Vouchers is the initial
construction of public housing 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. 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.
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Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices
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 ProjectBased Vouchers, all Project-Based
Vouchers at Moving to Work Agencies,
and all Project Based Vouchers at nonMoving 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 HAP Contract
Expiration Date
Owner Name
Owner Tax ID
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.
It is important to note that those fields
that may not apply to MTW agencies
because of exemptions to specific areas
(for example, the program cap exception
category) will not be required fields for
those agencies.
HUD recognizes that some of this
information may be submitted to HUD,
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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.
Type: Existing, Rehabilitation or Newly
Constructed
Definitions—
Existing Housing
HAP Contract Number
Housing units that already exist on
the proposal selection date and that
substantially comply with the HQS on
that date.
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 HAP Contract
by Bedroom Size
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):
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 HAP Contract
Effective date(s) listed in § 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
Total number of units in the project,
including those covered by Form HUD–
52523–A and Form HUD–52523–B
(Agreement to Enter into a Housing
Assistance Payment Contract)
(hereinafter ‘‘AHAP’’) or HAP contract
and non-contract units.
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
§ 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: § 1(d) of
Part 1 of the Form HUD–52530–B HUD
and associated exhibits; for newly
constructed and rehabilitated projects:
§ 1(e) of Part 1 of the Form HUD–52530–
A and associated exhibits).
Structure Type
Owner Name
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).
The owner name as listed in § 1(a) of
Part 1 of the HAP contract and contact
information (telephone and email).
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
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Owner Tax ID
The owner’s federal tax identification
number.
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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 PHAowned.
(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.
(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.
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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). This is
a required field for new projects and
those that have been substantially
rehabilitated. HUD encourages PHAs to
submit data for other projects to the
extent it is readily available.
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.
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60253
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: § 1(e)(2) of Part 1 of
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the Form HUD–52530–B HUD; for
newly constructed and rehabilitated
projects: § 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
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.
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.
Number of RAD PBVs
Number of PBVs that converted under
the Rental Assistance Demonstration
Program.
HAP Contract Number
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)). For projects that come under
new PBV Housing Assistance Payment
(HAP) contracts, the online form will
require that the PHA identify the PBVassisted accessible units at the project.
For projects under existing HAP
contracts, the online form will include
fields where the PHA may identify the
PBV-assisted accessible units at the
project. The PHA must enter this
information if it has this information or
can readily obtain this information.
Number and Bedroom Distribution of
PBV-Assisted Section 504 Hearing/
Vision Units at the Project
PHAs will be required to enter this
information into the online form when
a new project comes under HAP
contract, and when project or
development information changes. The
unique project code identifier will tie to
future potential changes to the 50058
which will permit linking HUD assistedtenants 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:
Information collection
Number of
respondents
Frequency of
response
Responses
per annum
Burden hour
per response
Annual
burden hours
Hourly cost
per response
Annual cost
PBV Property Information .............................
668
6
4,008
1.5
6,012
$40.10
$241,018.20
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 Commenters stated
that the initial input of this data would
take more than the estimated 1.5 hours,
however, it is important to consider that
the 1.5 hours is an average between the
higher amount of time required on the
initial submission and the lower time
required by subsequent updates which
may only require updating one or two
fields. 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.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
1 https://www.bls.gov/oes/current/oes131111.htm.
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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
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information technology, e.g., permitting
electronic submission of responses.
(5) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Department Reports Management
Officer for the Office of the Chief
Information Officer, Colette Pollard,
having reviewed and approved this
document, is delegating the authority to
electronically sign this document to
submitter, Nacheshia Foxx, who is the
Federal Register Liaison for HUD, for
purposes of publication in the Federal
Register.
Dated: September 18, 2020.
Nacheshia Foxx,
Federal Register Liaison for the Department
of Housing and Urban Development.
[FR Doc. 2020–21051 Filed 9–23–20; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6235–N–01]
Statutorily Mandated Designation of
Difficult Development Areas and
Qualified Census Tracts for 2021
Office of the Assistant
Secretary for Policy Development and
Research, Housing and Urban
Development (HUD).
ACTION: Notice.
AGENCY:
This document designates
‘‘Difficult Development Areas’’ (DDAs)
and ‘‘Qualified Census Tracts’’ (QCTs)
for purposes of the Low-Income
Housing Credit (LIHTC) under Internal
Revenue Code (IRC) Section 42. The
United States Department of Housing
and Urban Development (HUD) makes
new DDA and QCT designations
annually.
SUMMARY:
For
questions on how areas are designated
and on geographic definitions, contact
Michael K. Hollar, Senior Economist,
Public Finance and Regulatory Analysis
Division, Office of Policy Development
and Research, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 8216, Washington, DC
20410–6000; telephone number 202–
402–5878, or send an email to
Michael.K.Hollar@hud.gov. For specific
legal questions pertaining to Section 42,
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
17:00 Sep 23, 2020
Jkt 250001
Office of the Associate Chief Counsel,
Passthroughs and Special Industries,
Internal Revenue Service, 1111
Constitution Avenue NW, Washington,
DC 20224; telephone number 202–317–
4137. For questions about the
‘‘HUBZone’’ program, contact Bruce
Purdy, Deputy Director, HUBZone
Program, Office of Government
Contracting and Business Development,
U.S. Small Business Administration,
409 Third Street SW, Suite 8800,
Washington, DC 20416; telephone
number 202–205–7554, or send an email
to hubzone@sba.gov. (These are not tollfree telephone numbers.) A text
telephone is available for persons with
hearing or speech impairments at 800–
877–8339. Additional copies of this
notice are available through HUD User
at 800–245–2691 for a small fee to cover
duplication and mailing costs.
SUPPLEMENTARY INFORMATION:
Copies Available Electronically: This
notice and additional information about
DDAs and QCTs including the lists of
DDAs and QCTs are available
electronically on the internet at https://
www.huduser.gov/portal/datasets/
qct.html.
I. This Notice
Under IRC Section 42(d)(5)(B)(iii)(I),
for purposes of the LIHTC, the Secretary
of HUD must designate DDAs, which are
areas with high construction, land, and
utility costs relative to area median
gross income (AMGI). This notice
designates DDAs for each of the 50
states, the District of Columbia, Puerto
Rico, American Samoa, Guam, the
Northern Mariana Islands, and the U.S.
Virgin Islands. HUD makes the
designations of DDAs in this notice
based on modified Fiscal Year (FY) 2020
Small Area Fair Market Rents (Small
Area FMRs), FY 2020 nonmetropolitan
county FMRs, FY 2020 income limits,
and 2010 Census population counts, as
explained below.
Similarly, under IRC Section
42(d)(5)(B)(ii)(I), the Secretary of HUD
must designate QCTs, which are areas
where either 50 percent or more of the
households have an income less than 60
percent of the AMGI for such year or
have a poverty rate of at least 25
percent. This notice designates QCTs
based on new income and poverty data
released in the American Community
Survey (ACS). Specifically, HUD relies
on the most recent three sets of ACS
data to ensure that anomalous estimates,
due to sampling, do not affect the QCT
status of tracts.
II. Data Used To Designate DDAs
HUD uses data from the 2010 Census
on total population of metropolitan
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60255
areas, metropolitan ZIP Code Tabulation
Areas (ZCTAs), and nonmetropolitan
areas in the designation of DDAs. The
Office of Management and Budget
(OMB) published updated metropolitan
areas in OMB Bulletin No. 15–01 on
July 15, 2015. FY 2020 FMRs and FY
2020 income limits HUD uses to
designate DDAs are based on these
metropolitan statistical area (MSA)
definitions, with modifications to
account for substantial differences in
rental housing markets (and, in some
cases, median income levels) within
MSAs. HUD calculates Small Area
FMRs for the ZCTAs, or portions of
ZCTAs within the metropolitan areas
defined by OMB Bulletin No. 15–01.
III. Data HUD Uses To Designate QCTs
HUD uses data from the 2010 Census
on total population of census tracts,
metropolitan areas, and the
nonmetropolitan parts of states in the
designation of QCTs. The FY 2020
income limits HUD uses to designate
QCTs are based on these MSA
definitions with modifications to
account for substantial differences in
rental housing markets (and in some
cases median income levels) within
MSAs. In this QCT designation, HUD
uses the OMB metropolitan area
definitions published in OMB Bulletin
No. 15–01 on July 15, 2015, without
modification for purposes of evaluating
how many census tracts can be
designated under the population cap but
uses the HUD-modified definitions and
their associated area median incomes
for determining QCT eligibility.
Because the 2010 Decennial Census
did not include questions on respondent
household income, HUD uses ACS data
to designate QCTs. The ACS tabulates
data collected over 5 years to provide
estimates of socioeconomic variables for
small areas containing fewer than
65,000 persons, such as census tracts.
Due to sample-related anomalies in
estimates from year to year, HUD
utilizes three sets of ACS tabulations to
ensure that anomalous estimates do not
affect QCT status.
IV. Disaster Relief
On March 13, 2020, the President
issued major disaster declarations under
the authority of the Stafford Act with
respect to all 50 States, the District of
Columbia, and 5 territories (American
Samoa, Guam, Puerto Rico, Northern
Mariana Islands, and the U.S. Virgin
Islands) to assist with additional needs
identified under the nationwide
emergency declaration for COVID–19. In
the context of a Presidentially-declared
Major Disaster, IRS Revenue Procedure
2014–49, 2014–37 I.R.B. 535, provides
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]]>Agencies
[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60249-60255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21051]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7024-N-40]
30-Day Notice of Proposed Information Collection: Project Based
Vouchers (PBV) Data Collection; OMB Control No.: 2577-NEW Collection
AGENCY: Office of the Chief Information Officer, Housing and Urban
Development (HUD).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD has submitted the proposed information collection
requirement described below to the Office of Management and Budget
(OMB) for review, in accordance with the Paperwork Reduction Act. The
purpose of this notice is to allow for an additional 30 days of public
comment.
[[Page 60250]]
DATES: Comments Due Date: October 26, 2020.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/Start Printed Page
15501PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, QDAM, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; email [email protected] or
telephone 202-402-3400. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339. This is not a toll-free number. Copies of
available documents submitted to OMB may be obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD has
submitted to OMB a request for approval of the information collection
described in Section A. The Federal Register notice that solicited
public comment on the information collection for a period of 60 days
was published on December 26, 2019 at 84 FR 70986.
60 Day Collection:
On December 26, 2019, at 84 FR 70986, HUD published its 60-day
notice, the first notice for public comment required by the PRA, to
commence the process for approval of the collection of certain data on
Project Based-Vouchers (PBV) via an online form. HUD specifically
solicited public comment on several issues. The 60-day public comment
period ended on February 24, 2020. HUD received 13 comments. The
following section, includes HUD's responses to these comments, several
of which prompted changes to the proposed data fields to be collected.
Comment: A number of commenters replied that HUD collects a portion
of this data in existing systems such as PIC or VMS, or through
collection of data through the RAD conversion or subsidy layering
review processes. They urged HUD to look at ways to utilize and
aggregate existing data to reduce the amount of data that PHAs will
have to enter for this PRA.
HUD Response: HUD appreciates these commenters' concerns that HUD
may collect some of this information through existing processes and
systems. While there is no systematic, universal collection of data on
PBV at the project level, HUD is aware that it does collect some
information through systems such as PIC that could be useful for
prepopulating fields. HUD will explore the feasibility of aggregating
this data to prepopulate those fields that could be prepopulated. In
addition, HUD anticipates that some of the current PBV reporting would
be replaced by the new online form.
Comment: Commenters expressed concern about the potential burden
this data collection would have on PHAs. Specific concerns were
addressed around the Department's estimate of burden that estimated
PHAs would report on this data 6 times per year. Some commenters
suggested that PHAs should only have to report on this information
annually. Other commenters stated that the estimated time suggested for
each individual entry was too low at 1.5 hours and suggested a more
accurate time estimate would be 3-4 hours per project.
HUD response: HUD understands PHA concerns about burden and the
estimate in the notice. First, HUD would like to clarify that this data
would not be collected once a year or annually. This involves an
initial one-time collection of data on PBV projects for PHAs. Any
subsequent reporting would only be required when changes occurred on
the project that would require the PHA to update any of the fields
listed in the notice. Since most of the fields in the notice would not
need to be updated during the course of the PBV contract, the burden
hours after the initial collection would drop significantly.
Comment: Several commenters expressed concern whether the
information collection was designed to provide a systematic means to
collect information or whether HUD intends to use this information
collection to implement new regulations and other enforcement actions.
HUD Response: The primary purpose of this collection is not to
implement any enforcement actions. The purpose of the collection is for
HUD to have data on the project level for this part of the HCV program
which
Comment: Several Commenters recommended that the Department make
the data it collects easily available to the public in an easily
accessible manner while maintaining all necessary protections for
privacy for HCV families.
HUD Response: HUD appreciates the concerns of commenters and is
committed to making as much information public as feasible while
protecting the legitimate privacy concerns of tenants and other
stakeholders.
Comment: One commenter stated they do not specifically designate
504 accessible units until the tenant informs them and then they
retrofit the unit. They indicated that it may be difficult to identify
these units.
HUD Response: For projects that come under new PBV Housing
Assistance Payment (HAP) contracts, the online form will require that
the PHA identify the PBV-assisted accessible units at the project. For
projects under existing HAP contracts, the online form will include
fields where the PHA may identify the PBV-assisted accessible units at
the project. The PHA must enter this information if it has this
information or can readily obtain this information. PHAs are strongly
encouraged to make reasonable efforts to obtain this information and
enter it into the online form as it would provide both HUD and the PHA
with a more complete picture of the PHA's accessible housing stock.
Such information can be used by both HUD and the PHA to ensure that PBV
projects meet the requirements for the minimum number of accessible
units and that accessible units are occupied by persons with
disabilities who require the accessibility features of the unit, in
accordance with Section 504 of the Rehabilitation Act of 1973 and HUD's
implementing regulations at 24 CFR part 8. If a PHA makes alterations
to a project that results in the creation of PBV-assisted accessible
units, this would be considered a change in the project and the PHA
must report this change by updating the online form.
Comment: One commenter asked in regard to the collection also
requiring the identification of Section 504 mobility units and Section
504 vision- and hearing-impaired units whether a number of units by
bedroom size needs to be provided, or whether the specific units need
to be identified.
HUD Response: The online form will require the PHA to report the
number of PBV-assisted units, by bedroom size, that are accessible to
persons with mobility impairments or accessible to persons with hearing
or vision impairments. The specific units will not need to be entered
into the online form.
Comment: Another commenter asked regarding the reporting of
accessible units meeting either the UFAS or the 2010 ADA standards:
whether the specific standard met would need to be identified.
HUD Response: The online form will require the PHA to identify
which accessibility standard was used. The online form will require the
PHA to indicate whether the accessible unit meets UFAS or the Deeming
Notice/2010 ADA standards, in accordance
[[Page 60251]]
with HUD's Notice on ``Instructions for use of alternative
accessibility standard,'' published in the Federal Register on May 23,
2014 (``Deeming'').
Collecting information on Section 504 accessible units that are not
receiving PBV assistance that exist in properties where other units are
receiving PBV assistance would have some usefulness in assessing the
overall availability of accessible units in the community,
neighborhood, municipality, etc. This usefulness would be limited,
however, without a much broader inventory of accessible units. It also
might be useful to individuals and service agencies in identifying
accessible units for those seeking such units. The feasibility of
collecting such information, however, will vary tremendously from
project to project and will not be feasible in all situations. HUD
strongly encourages PHAs to report the total number and bedroom
distribution of accessible units at PBV projects (including PBV-
assisted and non-PBV-assisted accessible units), as this would provide
a more complete picture of whether the PBV project is providing the
required minimum number of accessible units. However, HUD recognizes
that PHAs may face challenges in collecting information on accessible
units that are not receiving PBV assistance. The online form will
contain a field that allows PHA to identify non-PBV-assisted accessible
units at the project, but completion of this field will not be
mandatory.
Comment: One commenter discussed how burdensome the initial data
collection would be for PHAs with many PBV contracts. The commenter
suggested that, once the collection begins, PHAs enter the initial
submission for new HAP/AHAP contracts at time of execution and enter
all initial submissions for existing contracts at time of contract
renewal.
HUD Response: HUD understands that PHAs with many HAP contracts
would have significant amounts of data to input on first submission.
However, waiting until contract renewal would take many years for HUD
to get a full picture of the PBV portfolio since HAP contracts may have
initial terms of up to 20 years and extension terms of up to 20 years.
Instead HUD will allow a phase-in period for existing contracts to be
inputted once the collection begins. Additionally, HUD is mindful of
the challenges facing PHAs in 2020 from the COVID-19 pandemic and does
not plan on starting the clock on any collection in 2020.
Comment: Some commenters suggested that for MTW agencies who
already answer a few PBV questions on the MTW report, that it would be
better to add additional necessary questions there.
HUD Response: The intent of this form is to centralize the
collection of PBV data. It is HUD's intention to remove PBV questions
from the MTW report when this collection of PBV data actually occurs.
Comment: One commenter said that MTW agencies can waive the
independent entity requirement and so cannot adequately answer the
question on the name of the independent entity for a PBV project on the
form.
HUD Response: MTW agencies may indicate that this question is not
applicable to them, should they be implementing this waiver.
Comment: One commenter pointed out that MTW agencies can waive the
income-mixing requirement and there was no way to indicate that on the
form.
HUD Response: MTW agencies may indicate that this question is not
applicable to them, should they be implementing this waiver.
Comment: One commenter stated that the form asks if a PHA is
exceeding the program cap with an exception and what that exception is.
MTW agencies may waive the program cap without an exception.
HUD Response: MTW agencies may indicate if they are waiving the
program cap and are not applying any specific exceptions.
B. 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 the initial construction of public housing 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. 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.
[[Page 60252]]
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 HAP Contract
Expiration Date
Owner Name
Owner Tax ID
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.
It is important to note that those fields that may not apply to MTW
agencies because of exemptions to specific areas (for example, the
program cap exception category) will not be required fields for those
agencies.
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.
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 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
Form HUD-52523-A and Form HUD-52523-B (Agreement to Enter into a
Housing Assistance Payment Contract) (hereinafter ``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 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.
[[Page 60253]]
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.
(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). This is a required field for new
projects and those that have been substantially rehabilitated. HUD
encourages PHAs to submit data for other projects to the extent it is
readily available.
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
[[Page 60254]]
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.
HAP Contract Number
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)). For projects that come under new PBV Housing Assistance
Payment (HAP) contracts, the online form will require that the PHA
identify the PBV-assisted accessible units at the project. For projects
under existing HAP contracts, the online form will include fields where
the PHA may identify the PBV-assisted accessible units at the project.
The PHA must enter this information if it has this information or can
readily obtain this information.
Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/
Vision Units at the Project
PHAs will be required to enter this information into the online
form when a new project comes under HAP contract, and when project or
development information changes. 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:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Responses per Burden hour per Annual burden Hourly cost per
Information collection respondents response annum response hours response Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
PBV Property Information......... 668 6 4,008 1.5 6,012 $40.10 $241,018.20
--------------------------------------------------------------------------------------------------------------------------------------------------------
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\ Commenters stated that the initial input of this
data would take more than the estimated 1.5 hours, however, it is
important to consider that the 1.5 hours is an average between the
higher amount of time required on the initial submission and the lower
time required by subsequent updates which may only require updating one
or two fields. 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
[[Page 60255]]
information technology, e.g., permitting electronic submission of
responses.
(5) ways to minimize the burden of the collection of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.
HUD encourages interested parties to submit comment in response to
these questions.
Authority: Section 3507 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35.
Department Reports Management Officer for the Office of the Chief
Information Officer, Colette Pollard, having reviewed and approved this
document, is delegating the authority to electronically sign this
document to submitter, Nacheshia Foxx, who is the Federal Register
Liaison for HUD, for purposes of publication in the Federal Register.
Dated: September 18, 2020.
Nacheshia Foxx,
Federal Register Liaison for the Department of Housing and Urban
Development.
[FR Doc. 2020-21051 Filed 9-23-20; 8:45 am]
BILLING CODE 4210-67-P
