60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013, OMB Control No.: 2577-0286, 66723-66739 [2022-24070]

Download as PDF 66723 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices be lowered from $67.00 to $41.00. The fee for a new and renewal HME enrollment at a UES enrollment center will remain the same at $86.50. Future changes to HME services and fees will be published as Notice in the Federal Register and on the TSA website at https://www.tsa.gov/forindustry/hazmat-endorsement. III. Authority To Collect and Methodology To Calculate Fee Changes Congress directed TSA to collect user fees to cover the costs of its transportation vetting and credentialing programs.10 TSA must collect fees to pay for conducting all portions of an STA; reviewing and adjudicating requests for correction of records, appeals, and waivers; information technology costs; personnel costs; and any other costs related to conducting the STA, providing a credential, or providing states the driver’s eligibility determination. The statute requires that any fee collected must be available only to pay for the costs incurred in providing services in connection with performing the STA. The funds generated by the fee do not have a limited period of time in which they must be used; as fee revenue and service costs do not always match perfectly for a given period, a program may need to carry over funding from one fiscal year to the next to ensure that sufficient funds are available to continue normal program operations. TSA complies with applicable requirements, such as the Chief Financial Officers Act of 1990 11 and Office of Management and Budget Circular A–25,12 and regularly reviews the fees to ensure they recover, but do not exceed the full cost of services. TSA established the methodology for calculating the vetting fees for the TWIC and HME programs through notice and comment rulemaking, and stated that any fee changes using that same methodology would be published in a Notice.13 TSA uses that same methodology to evaluate the current fees and in establishing new fee amounts. In 2013, TSA revised the TWIC and HME regulations to remove references to specific fee amounts and provide TSA with flexibility to modify fees, as necessary, to ensure that STA, enrollment, and credentialing fees reflect their associated costs and the programs could continue to operate if the costs exceeded regulatory caps.14 As a result of this rulemaking, TSA may change the fees as appropriate and provide Notice in the Federal Register to inform affected stakeholders of the revised fees and the basis for the changes.15 IV. Fee Announcements The vetting fees for the TWIC and HME programs are set forth below: TABLE 1—COMPARISON OF CURRENT AND NEW TWIC AND HME FEES AND ENROLLMENT TYPE TWIC Program Fees HME Program Fees Enrollment type Current New Enrollment ............................................................................................... Renewal (In-Person) ........................................................................................ Renewal (Online) ............................................................................................. Comparable STA ............................................................................................. Replacement Card ........................................................................................... In addition to a notice published in the Federal Register, TSA will publish these fees on the TSA website: https:// www.tsa.gov/for-industry/hazmatendorsement and https://www.tsa.gov/ for-industry/twic, as applicable. Note that applicants may choose the respective program’s enrollment option that best meets their needs based on the convenience of enrollment center locations and their eligibility for inperson or online renewal options. Drivers who require an HME in a state that does not use TSA’s enrollment agent are subject to fees established by the state, not TSA. khammond on DSKJM1Z7X2PROD with NOTICES Dated: November 1, 2022. Austin Gould, Acting Executive Assistant Administrator, Operations Support. [FR Doc. 2022–24101 Filed 11–3–22; 8:45 am] BILLING CODE 9110–05–P 10 See 6 U.S.C. 469(a). 31 U.S.C. 501 et seq. 12 See https://www.whitehouse.gov/omb/circulars_ a025. 11 See VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 $125.25 125.25 N/A 105.25 60.00 New Current $125.25 125.25 117.25 93.00 60.00 DATES: [Docket No. FR–7061–N–18] ADDRESSES: Offices of Housing, Public and Indian Housing, and Community Planning and Development, HUD. ACTION: Notice. AGENCY: 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. SUMMARY: 13 See 72 FR 55043 (September 28, 2007), 70 FR 2542 (Jan. 13, 2005). 14 See Final Rule, Provisions for Fees Related to Hazardous Materials Endorsements and PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 $86.50 86.50 N/A 41.00 N/A Comments Due Date: January 3, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013, OMB Control No.: 2577–0286 $86.50 86.50 N/A 67.00 N/A New 2023. 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 Officer, REE, 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 Colette.Pollard@hud.gov. A copy of the proposed forms is available from Ms. Pollard. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech and communication disabilities. To learn more about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/ telecommunications-relay-service-trs. Transportation Worker Identification Credentials, 78 FR 45353 (April 16, 2013). 15 See 49 CFR 1572.403(a) (State collection of HME fees), 1572.405(a) (TSA collection of HME fees), and 1572.501(g) (imposition of TWIC fees). E:\FR\FM\04NON1.SGM 04NON1 66724 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices Leea Thornton, Office of Policy, Program and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 7th Street SW, Room 3178, Washington, DC 20410; telephone 202– 402–6455. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech and communication disabilities. To learn more about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/ telecommunications-relay-service-trs. Copies of available documents submitted to OMB may be obtained from Ms. Thornton. SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: A. Overview of Information Collection Title of Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013. OMB Approval Number: 2577–0286. Type of Request: Reinstatement, with change, of previously approved collection for which approval has expired. Form Number: HUD–5380, HUD– 5381, HUD–5382, and HUD–5383. Other: Emergency transfer reporting, lease bifurcation, and lease addendum. Description of the need for the information and proposed use: The Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public Law 113–4, 127 Stat. 54, reauthorized and amended the Violence Against Women Act of 1994, as previously amended (title IV, sec. 40001–40703 of Pub. L. 103–322, 42 U.S.C. 13925 et seq.). In doing so, VAWA 2013 expanded the VAWA protections that applied to HUD’s Section 8 and Public Housing programs and widened the range of HUD’s housing programs that are subject to VAWA protections. The provisions of VAWA 2013 that afford protections to victims of domestic violence, dating violence, sexual assault, and stalking are statutory and statutorily directed to be implemented. Accordingly, on November 16, 2016, HUD published a final rule at 81 FR 80724 (VAWA Rule), implementing VAWA 2013’s provisions in its housing programs. The Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) was signed March 15, 2022, however certain provisions are not self-implementing. Once VAWA 2022 has been implemented this PRA will be further updated, as appropriate. VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 The HUD programs that include VAWA protections as required by VAWA 2013 and the VAWA rule include: • Section 202 Supportive Housing for the Elderly (12 U.S.C. 1701q); • Section 811 Supportive Housing for Persons with Disabilities (42 U.S.C. 8013); • Housing Opportunities for Persons with AIDS (HOPWA) program (42 U.S.C. 12901 et seq); • HOME Investment Partnerships (HOME) program (42 U.S.C. 12741 et seq.); • Homeless programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.), including the Emergency Solutions Grants (ESG) program; the Continuum of Care (CoC) program; and the Rural Housing Stability Assistance program; • Multifamily rental housing under section 221(d)(3) of the National Housing Act (12 U.S.C. 17151(d)) with a below-market interest rate (BMIR) pursuant to section 221(d)(5); • Multifamily rental housing under section 236 of the National Housing Act (12 U.S.C. 1715z–1); • HUD programs assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); specifically, public housing under section 6 of the 1937 Act (42 U.S.C. 1437d), tenant-based and project-based rental assistance under section 8 of the 1937 Act (42 U.S.C. 1437f), and the Section 8 Moderate Rehabilitation Single Room Occupancy; and • The Housing Trust Fund (12 U.S.C. 4568). To assure covered housing providers (CHPs) under the programs listed above comply with VAWA 2013 and the VAWA Rule, the Department must provide to all CHPs certain model documents for use, as follows: • Form HUD–5380: Notice of Occupancy Rights Under the Violence Against Women Act. HUD must provide this notice to CHPs, which must, in turn, distribute it to tenants and to applicants at the times specified in the VAWA rule at minimum to ensure they are aware of their rights under VAWA and its implementing regulations. CHPs must add specific information to this form as indicated by the imbedded instructions. The use of ‘‘we’’ or ‘‘us’’ and use of shorthand will require customization depending on whether the provider and the landlord are the same, and, particularly for the CPD programs, the program decisions made by the grantee and subgrantee. • Form HUD–5381: Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Assault, or Stalking. HUD must provide this model document to CHPs. CHPs must develop their own emergency transfer plans, as required by the VAWA rule, must make their emergency transfer plan available upon request, and, when feasible, must make their plan publicly available. CHPs may, at their discretion, use HUD–5381 to develop these plans. This model contains only general provisions of an emergency transfer plan that apply across the covered HUD programs. Adoption of this model plan without further customization and information concerning how the emergency transfer plan will operate will not be sufficient to meet a covered housing provider’s responsibility to adopt an emergency transfer plan. CHPs must consult the applicable regulations and are encouraged to consult program-specific HUD guidance when developing their own emergency transfer plans to ensure those plans contain all required elements. • Form HUD–5382: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation. HUD must provide this certification form to CHPs, which must, in turn, distribute it to tenants and applicants as a required complement and extension of the required Notice of Occupancy Rights Under the Violence Against Women Act (Form HUD–5380). As further explained on the Form HUD–5382, an applicant or tenant who is asking for or about VAWA protections may choose to fill out and submit this certification form as one of the four legally acceptable options the VAWA final rule provides for answering any covered housing provider’s written request for documentation that an individual is or has been a victim of domestic violence, dating violence, sexual assault, or stalking or that a covered incident or incidents of domestic violence, dating violence, sexual assault, and stalking occurred. (Note: This is a revision of and supersedes form HUD–50066. VAWA 2013 required that the form be updated and made applicable to all covered housing programs.) • Form HUD–5383: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. HUD provides this model emergency transfer request form to CHPs. CHPs may, at their discretion, distribute it to tenants and applicants. This form serves as a model for use by a CHP to accept requests for emergency transfers under its required VAWA 2013 Emergency Transfer Plan. E:\FR\FM\04NON1.SGM 04NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices HUD has, as part of this package, revised the forms that were published with HUD’s final rule in order to more closely align with the rule and to clarify language. In addition to the minor changes, HUD makes the following specific changes: • Form HUD–5380: Streamline information and language used in the notice to reduce pages. Translated regulatory language into plain language. Made titles of sections into questions that directly address the reader. CHPs must add specific information to this form as indicated by the imbedded instructions. Other areas of the form may be used by the provider to include customized information as necessary. The use of ‘‘we’’ or ‘‘us’’ and use of shorthand will require some customization depending on whether the provider (grantee/recipient) and the landlord are the same, and, particularly for the Office of HIV/AIDS Housing (OHH) and Office of Special Needs Assistance Programs (SNAPS), the program decisions made by the grantee/ recipient. • Form HUD–5381: Add a note to covered housing providers that the use of the model form without adding program specific and housing provider specific policies will not be sufficient to meet the emergency transfer plan requirements. Add a definition section with definitions taken from the regulation. Rename the section titled ‘‘Emergency Transfer Timing and Availability’’ to ‘‘Emergency Transfer Procedures’’ and add two new sections, ‘‘Emergency Transfer Policies’’ section, which clarifies that the provider must specify their individual policies for different categories of transfers (i.e. internal or external transfers) where applicable, and a ‘‘Priority for Transfers’’ section, which requires providers to provide any type of priority being provided to a victim consistent with 24 CFR 5.2005(e)(3) and (e)(6). Update the ‘‘Confidentiality’’ section to more closely follow the regulation at 24 CFR 5.2007(c) and put individuals on notice of confidentiality protections. Lastly, add a ‘‘Making Plan Available’’ section to describe how the plan will be made publicly available, where possible. • Form HUD–5382: Update the ‘‘Submission of Documentation’’ section to include information about reasonable accommodations. • Form HUD–5383: Update the ‘‘Confidentiality’’ section to use more plain language. Added information about family members in household, current address, best method of contact, what type of transfer is being requested, VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 what features they want to request in a safe unit, and optional documentation to include with form. In addition, the Department seeks approval for the following information collection activities required by VAWA 2013 and HUD’s final rule: • Lease Addendum: The VAWA regulation includes certain requirements that must be incorporated into tenants’ leases. • Emergency Transfer Reporting: CHPs must keep a record of all emergency transfers requested under its emergency transfer plan, and the outcomes of such requests, and retain these records for a period of three years, or for a period of time as specified in program regulations. Requests and outcomes of such requests must also be reported to HUD annually. Requests and outcomes of such requests must be reported to HUD annually. HUD proposes to include the following data fields in its program reporting systems to help standardize the information CHPs provide on emergency transfer requests and outcomes of those requests: Æ Total number of VAWA Emergency Transfer Requests Æ Number of requests that resulted in Internal Transfers Æ Number of requests that resulted in External Transfers Æ Number of requests yet to be placed Æ Number of approved Emergency Transfer requests that resulted in no transfer Æ Number of requests that did not qualify for Emergency Transfer and were denied Æ Length of time needed to process emergency transfers Consistent with House Report 116– 109, part of the fiscal year 2022 Omnibus Spending Bill, Public Law 113–4, HUD is also adding a request as part of this information collection to seek information about the extent to which public housing agencies and owners, and managers have adopted VAWA emergency transfer policies since the publication of the Department’s model emergency transfer plan, and the effectiveness of those emergency transfer policies in allowing victims to access safe housing. The information would include the type of covered housing provider; a request for sharing their VAWA emergency transfer plan and whether such plan is publicly available; how many VAWA emergency transfer requests were received over the last three years and outcome of those requests; a request for indicating if a waiting list preference is available for victims of domestic violence, sexual PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 66725 assault, dating violence, and stalking; information about collaborations or coordination with consortiums or other providers for purposes of providing housing and services for victims; whether a VAWA service coordinator exists; and whether a VAWA lease bifurcation policy exists. This information may be collected by way of email communication, updated systems, or survey. This collection is also consistent with reporting in 24 CFR part 5, subpart L. HUD expects to request this information annually and it would take housing providers one hour per annual submission. • Lease Bifurcation Option: VAWA 2013 mandates that HUD provide for lease bifurcation. In other words, CHPs may, subject to their program rules and state and local law, bifurcate a lease in order to evict or remove any member of a household who has allegedly engaged in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, while allowing the victim and other members of the household to remain. This is optional. • Respondents (i.e. affected public): Public housing agencies, private multifamily housing owners and management agents, state and local agencies, and grant recipients. Estimated Number of Respondents: 328,485. Estimated Number of Responses: 7,969,000. Frequency of Response: Varies. For the HUD–5380 and HUD–5382 there are approximately 3,918 Public Housing and Housing Choice Voucher respondents with 801 responses per respondent. For Multifamily Housing there are approximately 23,000 respondents with 104 responses per respondent. For HOME there are 1,874 respondents with approximately 62 responses. For HOPWA there are 255 respondents with 176 responses. For Homelessness programs (CoC, ESG, Rural Housing Stability) there are 1,040 respondents with 410 responses. Each respondent indicated will have to complete an emergency transfer plan using the HUD–5381 or other format. For the HUD–5382 certification for documentation by survivor and emergency transfer request there are approximately 210,725 responses. For the HUD–5382 and HUD–5383 certification for documentation by professional and emergency transfer request there are 69,714 responses. E:\FR\FM\04NON1.SGM 04NON1 66726 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices Number of respondents 24 CFR section and description of activity Frequency of response (annual, per respondent) Annual responses Est. avg. time for requirement (hours) Annual hour burden Cost per hour Total cost 5.2005(a) Form HUD–5380: Notice of Occupancy Rights and form HUD–5382: Certification Form-Distribution and Review Public Housing and Housing Choice Voucher (HCV) Annual Average of Denied Admissions .................................................... Annual Average of new Households that Move In ................................... Annual Average of Eviction Notices Sent ................................................. 3,918 3,918 3,918 7 55 3 27,426 215,490 11,754 0.08 0.08 0.08 2,194 17,239 940 $24 24 24 $52,658 413,741 22,568 15 9 10 345,000 207,000 230,000 0.08 0.08 0.08 27,600 16,560 18,400 24 24 24 662,400 397,440 441,600 20 16 8 37,480 29,984 14,992 0.08 0.08 0.08 2,998 2,399 1,199 24 24 24 71,962 57,569 28,785 20 20 10 5,100 5,100 2,550 0.08 0.08 0.08 408 408 204 24 24 24 9,792 9,792 4,896 1.5 1.5 1.5 7,800 1,560 1,560 24 24 24 187,200 37,440 37,440 8 8 8 8 4 31,344 184,000 14,992 2,040 4,160 24 24 24 24 24 752,256 4,416,000 359,808 48,960 99,840 0.33 0.33 0.33 0.33 0.5 12,929 45,540 9,276 421 2,080 7.25 7.25 7.25 7.25 7.25 93,738 330,165 67,253 3,050 15,080 5,877 23,000 4,685 255 1,040 24 24 24 24 24 141,048 552,000 112,440 6,120 24,960 12,929 22,770 3,092 421 2,080 7.25 7.25 7.25 7.25 7.25 93,738 165,083 22,418 3,050 15,080 1 1 3 1 1 3,918 23,000 5,622 255 1,040 24 24 24 24 24 94,032 552,000 134,928 6,120 24,960 231,162 552,000 33,732 12,750 419,120 0.5 0.5 0.5 0.5 0.5 115,581 276,000 16,866 6,375 209,560 24 24 24 24 24 2,773,944 6,624,000 404,784 153,000 5,029,440 15,672 92,000 5,622 510 520 8 2 2 2 1.5 125,376 184,000 11,244 1,020 780 24 24 24 24 24 3,009,024 4,416,000 269,856 24,480 18,720 Multifamily Housing Annual Average of Denied Admissions .................................................... Annual Average of new Households that Move In ................................... Annual Average of Eviction Notices Sent ................................................. 23,000 23,000 23,000 Annual Average of Denied Admissions .................................................... Annual Average of new Households that Move In ................................... Annual Average of Eviction Notices Sent ................................................. 1,874 1,874 1,874 Annual Average of Denied Admissions .................................................... Annual Average of new Households that Move In ................................... Annual Average of Eviction Notices Sent ................................................. 255 255 255 HOME HOPWA Homeless (CoC, ESG, and Rural Housing Stability) Annual Average of Denied Admissions .................................................... Annual Average of new Households that Move In ................................... Annual Average of Eviction Notices Sent ................................................. 1,040 1,040 1,040 5 1 1 5,200 1,040 1,040 5.2005(e) Form HUD–5381: Emergency Transfer Plan-Completion Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... HOME ........................................................................................................ HOPWA ..................................................................................................... Homeless (CoC, ESG, and Rural Housing Stability) ................................ 3,918 23,000 11,874 255 1,040 1 1 1 1 1 3,918 23,000 1,874 255 1,040 5.2007(b) Form HUD–5382: Certification Form—Documentation by Survivor Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... HOME ........................................................................................................ HOPWA ..................................................................................................... Homeless (CoC, ESG, and Rural Housing Stability) ................................ 3,918 23,000 1,874 255 1,040 10 6 15 5 4 39,180 138,000 28,110 1,275 4,160 5.2007(b)(1)(ii) Form HUD–5382: Certification Form—Documentation by Professional Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... HOME ........................................................................................................ HOPWA ..................................................................................................... Homeless (CoC, ESG, and Rural Housing Stability) ................................ 3,918 23,000 1,874 255 1,040 3 2 5 2 2 11,754 46,000 9,370 510 2,080 0.5 0.5 0.5 0.5 0.5 5.2005(e) Form HUD–5383: Emergency Transfer Request—Documentation by Survivor Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... HOME ........................................................................................................ HOPWA ..................................................................................................... Homeless (CoC, ESG, and Rural Housing Stability) ................................ 3,918 23,000 1,874 255 1,040 10 3 5 5 4 39,180 69,000 9,370 1,275 4,160 0.33 0.33 0.33 0.33 0.5 5.2005(e) Form HUD–5383: Emergency Transfer Request—Annual Reporting Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... HOME ........................................................................................................ HOPWA ..................................................................................................... Homeless (CoC, ESG, and Rural Housing Stability) ................................ 3,918 23,000 1,874 255 1,040 1 1 1 1 1 3,918 23,000 1,874 255 1,040 5.2005(a) Lease Addendum—Distribution and Review Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... HOME ........................................................................................................ HOPWA ..................................................................................................... Homeless (CoC, ESG, and Rural Housing Stability) ................................ 3,918 23,000 1,874 255 1,040 59 24 18 50 403 khammond on DSKJM1Z7X2PROD with NOTICES 5.2009 Lease Bifurcation Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... HOME ........................................................................................................ HOPWA ..................................................................................................... Homeless (CoC, ESG, and Rural Housing Stability) ................................ 3,918 23,000 1,874 255 1,040 4 4 3 2 0.5 NEW: Emergency Transfer Report Public Housing and Housing Choice Voucher (HCV) ............................... Multifamily Housing ................................................................................... 3,918 23,000 1 1 3,918 23,000 1 0.5 3,918 11,500 24 24 94,032 276,000 Grand Total ........................................................................................ 328,485 Varies 7,968,918 Varies 2,856,717 ........................ 339,292,658 VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Notes: • This matrix amends the one of the same titles provided in the OMB Emergency PRA approval, 2577–0286, approved 12/13/2016, which provided for 3,622,370 hours. • For each category, HUD assumes the following breakdown of Covered Housing Provider respondents in covered programs: 3,918 public housing agencies that administer either or both public housing and HCV; 23,000 Multifamily Housing properties; 1,874 HOME Participating Jurisdictions (PJs) and housing owners; 255 HOPWA grant recipients, and 1,040 Homeless (CoC, ESG, and Rural Housing Stability) grant recipients. • The ‘‘Frequency of Response (annual, per respondent)’’, provides the estimated average of actions anticipated for each CHP in each program area. For example, HUD estimates that each Multifamily Housing property will deny assistance to 20 applicants each year. Therefore, the total number of responses and total number of Multifamily Housing assistance denials in one year is 23,000 × 20 = 460,000. Similarly, HUD estimates that each of the 255 HOPWA grant recipients will receive 5 completed Certification forms each year. The total number of responses and total number of certifications received in the HOPWA program in one year is 255 × 5 = 1,275. • The $24 hourly rate is based on an average salary of $50,000 per annum. An internet search on 11/5/2020 shows VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 housing specialist positions with an average of $40,000 per annum and $55,000 per annum for residential property managers. This dollar amount is a reasonable average for employees of CHPs at differing levels of seniority. • $7.25 is used as the cost to tenants, as it is the federal minimum hourly wage amount. Average Hours per Response: 0.39. Total Estimated Burdens: 2,856,718. 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) HUD solicits comment on the implementation of the requirement that covered housing providers must keep a PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 66727 record of all emergency transfers requested under its emergency transfer plan, and the outcomes of such requests, and that such data must be reported to HUD annually. Specifically, is HUD’s list of potential outcomes adequate or are there outcomes that should be added or modified? Further, HUD proposes to collect data on the ‘‘length of time’’ for emergency transfers to be implemented. What is an appropriate measure for ‘‘length of time’’ for emergency transfers? Should a covered housing provider only measure from when the emergency transfer was requested to approval/denial and/or should it be measured to move-in date? If a victim is issued a Housing Choice Voucher (HCV) as a result of their emergency transfer request, should the length of time be measured from request to voucher issuance and/or lease-up date? Should covered housing providers be able to explain the circumstances that affected the length of time for emergency transfers (e.g., the victim turned down offered units due to safety concerns)? 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. 3507. Laura Miller-Pittman, Chief Office of Policy, Programs and Legislative Initiatives. BILLING CODE P E:\FR\FM\04NON1.SGM 04NON1 66728 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices Protections for Victims of Domestic Violence, Dating Violence, Sexual A<1sault or Stalking What is the Violence Against Women Act (VAWA)? This notice describes protections that may apply to you as an applicant or a tenant under a housing program covered by the Violence Against Women Act of 1994, as amended (VAWA). VAWA provides protections for victims of domestic violence, dating violence, sexual assault or stalking. Applicable protections must be in VAWA-covered leases and other program documents, as applicable. These protections may be raised at any time. To learn more about these protections or read this information in Spanish or another language, please contact !INSERT COVERED HOUSING PROVIDER (HP) CONTACT INFORMATION] or go to [INSERT WEBSITE, IF APPLICABLE]. What the words in this notice mean: 0 0 0 0 VAWA violence/abuse means one or more incidents of domestic violence, dating violence, sexual assault or stalking. Victim means any victim of VA U'A violence/ abuse, regardless of actual or perceived sexual orientation, gender identity, sex, or marital status. Affiliated person means the tenant's spouse, parent, sibling, or child; or any individual, tenant, or lawful occupant living in the tenant's household; or anyone for whom tenant acts as parent/guardian. "We" or "us" means [ENTER NAME OF EACH COVERED HOUSING PROVIDER FOR THE HOUSING OR RENTAL ASSISTANCE AND SPECIFY WHEN DIFFERENT FOR DIFFERENT PURPOSES (E.G. DOCUMENTATION)]. What if I am an applicant under a program covered by VAWA? You can't be denied assistance covered by VAWA or admission to any housing covered by VAWA just because you (or a member of your household) are or were a victim or just because of problems you or a member of your household has had as a direct result of being or having been a victim What if I am a tenant under a program covered by VAWA? You can't be removed from a housing program covered by VAWA, lose your assistance covered by VAWA, or be evicted just because of real or threatened abuse against you or a member of your household, the fact that you (or a member of your household) are or were a victim, or problems you (or a member of your household) have as a direct result of being or having been a victim. Nor can you be evicted or be removed from your housing just because of another person's criminal actions that direcUy relate to the abuse or threatened abuse against you or an alTtliated person. How can I remove an abuser from my household? Depending on applicable state law and program rules, your lease or assistance may be "bifurcated" to remove or evict ONLY the person doing the alleged criminal activity directly relating to the abuse. [For HOME and housing trust fund programs, INSERT "The remaining tcnant(s) can keep receiving assistance or living in the assisted housing as applicable." For the Continuum of Care Program (except for permanent supportive housing), HUD-VASH program, ESG program, Section 22l(d)(3) Program, or Section22l(d)(5) Program, INSERT "The remaining family member(s) can keep receiving assistance or living in the assisted housing as applicable." For permanent supportive housing funded by the Continuum of Care Program, INSERT "If that person is the qualifying member of your household, the remaining household member(s) can still receive rental assistance until expiration of U1e lease in effect when Ural person is evicted." For the HCV and public housing proi,>rdllS, INSERT "If a household's elii,>ibility was based on the person removed, the other household member(s) must be given 30 calendar days to establish program eligibility or find alternative housing. In all other cases, INSERT the preceding sentence for HCV and Public Housing Programs BUT REPLACE "30 calendar days" WITH: the APPLICABLE time period in the table in Section XVII of Notice H 2017-05 (for HUD multifamily programs); the APPLICABLE grace period set by the HOPWA Grantee or Project sponsor (for HOPWA); or "until the end of the lease term or 90 calendar days (whichever is sooner)" for the Rural Housing Stability Assistance Program.]. Are there any reasons that I can be evicted or lose assistance? Although you can't be held to a more demanding standard because you or an affiliated person is a victim, you can still be evicted or lose assistance for a lease violation or program violation or other requirements that is not due to U1e VAWA violence/ abuse collllnitted against you or an affiliated person. VAWA also will not prevent eviction, termination, or removal if other tenants or housing staff are shown to be in inunediate, physical danger that could lead to serious bodily harm or death if you are not evicted or removed from assistance. request an emergency transfer when: (1) you (or a member of your household) are a victim of VAWA violence/abuse; (2) you specifically request the emergency transfer; and either (3)(A) you reasonably believe you (or a member of your household) will soon face more violence if you stay in your housing; or (B) you (or a member of your household) are a victim of sexual assault that occurred on the premises and you request an emergency transfer within 90 days (including holidays and weekend days) after the date of that assault. You can request an emergency trnnsfer even if you owe rent. If you request an emergency trnnsfer, your request, the information you provided to make the request, and your new unit· s location must be kept strictly confidential. To VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.062</GPH> khammond on DSKJM1Z7X2PROD with NOTICES How can tenants request an emergency transfer? An emergency transfer cannot be guaranteed, but you can Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices 66729 request an emergency transfer or read the emergency transfer plan we are required to follow and to make available to you upon request, [ENTER SPECIFIC CONTACT INFORMATION, WEBSITE, AND/OR INSTRUCTIONS FOR REQUESTING AN EMERGENCY TRANSFER OR A COPY OF THE APPLICABLE EMERGENCY TRANSFER PLAN]. The emergency transfer plan includes what we do lo make sure your address and other relevant information arc not disclosed to your abuser. What do I need to document that I am a victim? If you ask for VAWA protection, we may request documents showing that you are a victim (which includes if a member of your household is a victim). BUT this request must be in writing and must give you al least 14 business days (weekends and holidays do not count) to respond, AND you arc free to choose any ONE of the following: 1. A self-certification fonn, which we must give you along with this notice and either you fill out or someone fills out for you. The fonn asks for your name; the abuser's name, if known and safe to provide; and a description of the incident(s). It also further explains your confidentiality rights under VAWA. 2. A statement from a victim service provider, attorney, mental health professional or medical professional who has helped you address incidents of VAWA violence/ abuse. The professional must state "under penalty of perjury" that he/she/they believes that the incidents of VA WA violence/ abuse are real and covered by VAWA. Both you and the professional must sign the statement. 3. A police, administrative, or court record (such as a protective order) that shows you (or a member of your household) were a victim of VAWA violence/ abuse. [HP MAY INSERT AS #4 ANY OTHER STATEMENT OR EVIDENCE THAT CAN BE PROVIDED AS DOCUMENTATION THE APPLICANT OR TENANT IS A VICTIM] If you do not provide one of these fonns of documentation by the deadline, we do not have to provide the protection you requested. If the documentation we receive has conflicting information about the abuse, we may require you to provide documents under #2 or #3 [OR ENTER #4, IF APPLICABLE] above, but we must give you another 30 business days to do so. Confidentiality If you share infonnation with your housing agency, manager or landlord about why you need VAWA protections, we will keep the infonnation you share confidential. Exceptions: 1) IfJ'.QY ask us to share that information; 2) Ifwe need to use that information to try to evict the person accused of being the abuser; or 3) If other laws require us to share the infonnation. How do other laws apply? VAWA does not prevent or excuse us from following laws that provide more protection to victims or court orders that concern your home or property. We must follow all applicable fair housing and civil rights requirements. If you have a disability, we must provide reasonable accommodations to rules, policies, practices, or services that may be necessary to allow you to equally benefit from VAWA protections (for example, giving you more time to submit documents, or assistance with filling out fonns). We must ensure effective communication with individuals with disabilities. If you speak or read in a language other than English, we must give you language assistance regarding your VAWA protections (for example, oral interpretation and/or written translation). Have your protections under VAWA been denied? If you believe we have violated these rights, you may seek help by contacting [INSERT LOCAL HUD FIELD OFFICE & CONTACT INFORMATION] Need further help? For advice concerning an abusive relationship, call the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TTY). 0 For advice concerning sexual assault, call the National Sexual Assault Hotline at 1-800-656-4673. ° For advice concerning stalking, visit https://victimconnect.org/ or call l-855-4VICTIM (l-855-484-2846). 0 To talk with a housing advocate, contact [ENTER CONTACT INFO FOR LOCAL ADVOCACY AND LEGAL AID ORGANIZATIONS]. 0 housing provider's response, depending on the program. This includes time to print and distribute the fonn. Comments concerning the accuracy of this burden estimate and any suggestions for reducing tl1is burden can be sent to the Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7tl1 Street, SW, Washington, DC 20410. Tl1is notice is required for covered housing programs under section 41411 of VAWA and VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.063</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Public reporting burden for this collection of information is estimated to range from 10 to 90 minutes per each 66730 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.064</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 24 CFR 5.2003. Covered housing providers must give this notice to applicants and tenants to inform them of the VAWA protections as specified in section 4141 l(d)(2). This is a model notice, and no information is being collected. A Federal agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices 66731 MODEL EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING [INSERT NAME OF COVER HOUSING PROVIDER [HP ACRONYM]] is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act of 1994, as amended (VAWA), [HP ACRONYM] allows any tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant's current unit to another unit. Despite this law's name, VAWA protections are not limited to women, and are available regardless of a victim's sex, actual or perceived gender identity or sexual orientation, or marital status. Victims cannot be discriminated against on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must also be made available to all otherwise eligible individuals and families regardless of actual or perceived gender identity, sexual orientation, or marital status. This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on Federal regulations at 24 Code of Federal Regulations (CFR) part 5, subpart L, related program regulations, and the model emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD). HUD is the Federal agency that oversees that [INSERT NAME OF PROGRAM OR RENTAL ASSISTANCE HERE is in compliance with VAWA. Definitions • VAWA violence/ abuse means an incident or incidents of domestic violence, dating violence, sexual assault, or stalking, as those terms are defined in 24 CFR 5.2003 and "Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking" (Form HUD-5382). Eligibility for Emergency Transfers VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.065</GPH> khammond on DSKJM1Z7X2PROD with NOTICES • External emergency transfer refers to an emergency relocation of a tenant to another unit where the tenant would be categorized as a new applicant; that is, the tenant must undergo an application process in order to reside in the new unit. Internal emergency transfer refers to an emergency relocation of a tenant to another unit where the tenant would not be categorized as a new applicant; that is, the tenant may reside in the new unit without having to undergo an application process. Safe unit refers to a unit that the victim of VAWA violence/abuse believes is safe. 66732 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices A tenant may seek an emergency transfer to another unit if the tenant or a household member is a victim of VAW A violence/ abuse, as explained in the "Notice of Occupancy Rights Under the Violence Against Women Act," Form HUD-5380 (VAWA Notice). This Emergency Transfer Plan provides further information on emergency transfers, and [HP ACRONYM] must provide a copy if requested. Before allowing an emergency transfer, [HP ACRONYM] may ask for submission of a written request or form HUD-5383 to certify eligibility. A Tenant is eligible for an emergency transfer if: (1) Tenant (or a household member) is a victim ofVAWA violence/abuse; (2) Tenant specifically requests the emergency transfer, and (3) Tenant reasonably believes* they will soon face more violence if they stay in their housing OR Tenant is a victim of sexual assault that occurred on the premises and have requested an emergency transfer within 90 days (including holidays and weekend days) after the date of that assault. *Reasonable beliefmay stem from VAWA violence/abuse concerning a household member. A housing provider, in response to an emergency transfer request, should not evaluate whether the tenant is in good standing as part of the assessment or provision of an emergency transfer Emergency Tran sfer Policies [INSERT HP' S EMERGENCY TRANSFER POLICIES, INCLUDING THE FOLLOWING, WHERE APPLICABLE] Internal transfers when a safe unit is immediately available: [INSERT HP'S POLICIES, INCLUDING TIME FRAMES, POSSIBLE INTERNAL TRANSFER LOCATIONS, AND PRIORITY STATUS RELATIVE TO OTHER TENANTS SEEKING TRANSFERS.] Internal transfers when a safe unit is not immediately available: [INSERT HP'S POLICIES, INCLUDING TIME FRAMES, POSSIBLE INTERNAL TRANSFER LOCATIONS, AND PRIORITY STATUS RELATIVE TO OTHER TENANTS SEEKING TRANSFERS.] External transfers: [INSERT POLICIES AND PROCEDURES FOR ASSISTING TENANTS WITH HOUSING CHOICE VOUCHERS OR OTHER TENANT-BASED RENTAL ASSISTANCE WHO QUALIFY FOR AN EMERGENCY TRANSFER TO MOVE QUICKLY WITH THAT ASSISTANCE.] VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.066</GPH> khammond on DSKJM1Z7X2PROD with NOTICES [INSERT HP'S POLICIES, INCLUDING HP'S ROLE IN FACILITATING TRANSFERS; IDENTIFYING AND DESCRIBING ANY TRANSFER AGREEMENTS WITH OUTSIDE HPS, PROVIDING REFERRALS TO COMMUNITY PARTNERS AND AFFORDABLE HOUSING OPTIONS, TIME FRAMES, AND PRIORITY STATUS GIVEN TO V AWA VICTIMS SEEKING EXTERNAL TRANSFERS INTO HP'S PROPERTY.] Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices 66733 VAWA provisions do not supersede eligibility or other occupancy requirements that may apply under a covered housing program. [HP ACRONYM] may be unable to transfer a tenant to a particular unit if the tenant cannot establish eligibility for that unit. Emergency Tran sfer Request Documentation To request an emergency transfer, the tenant shall notify [ENTER SPECIFIC CONT ACT INFORMATION, WEBSITE, AND/OR INSTRUCTIONS FOR REQUESTING AN EMERGENCY TRANSFER OR A COPY OF THE APPLICABLE EMERGENCY TRANSFER PLAN] and submit a written request for a transfer to [INSERT LOCATION]. Unless [HP ACRONYM] receives conflicting documentation, as described in 24 CFR 5.2007(b)(2), [HP ACRONYM] cannot require third-party documentation to determine emergency transfer eligibility. [HP ACRONYM] will provide reasonable accommodations to this policy for individuals with disabilities. The tenant's written request for an emergency transfer must include either: 1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the tenant's current dwelling unit; OR 2. In the case of a tenant who is a victim of sexual assault, either a statement that the tenant reasonably believes there is a threat of imminent harm from further violence if the tenant remains within the same dwelling unit that the tenant is currently occupying, or a statement that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant's request for an emergency transfer. Priority for Transfers Tenants who qualify for an emergency transfer under VA WA will be given the following priority over other categories of tenants seeking transfers and individuals seeking placement on waiting lists. [INSERT ANY MEASURE OF PRIORITY GIVEN UNDER THIS EMERGENCY TRANSFER PLAN.] ..DRAFTING NOTES FORHJ>slMllSTNOi APPIJARWORJJ FOR<WORJJ 1NPLANt .•··.·.1=heeinir~encytr~sfefr,tan.must tetai1lhe 1~e;sure~f anypri6ritygtv;en.to teh~~ti·~ho. qtmlifyforat1emerg~11cytrans;fer underVAWf.. iprelatipp to?ther categorie~ oft~nants -..···seeki~~tran'$fetsand·i17divi<luals seekii,~plapein~flto?.waJtingHs!s··•.·.··.• ·. ··•·•.•.< .·•· \..•••.• ·•.·• . The em~tge~~y transfer. pl~nlllust alfowa tenantto ma~e anfoterria}emergencyJransfer underVAW1\ ~h~t1 a safe µnitis immedi,atel)' ayailapl~: . . .. . . . . . VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.067</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 1 66734 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices Confidentiality If a tenant inquires about or requests any of the protections described in this Notice or represents that they are a victim of VAWA violence/abuse entitled to the protections under this Notice, [HP ACRONYM] must keep any information they provide concerning the VAWA abuse and their status as a victim strictly confidential. All the information provided by or on behalf of the tenant to support an emergency transfer request, including information on the Certification form, HUD5382, and the Emergency Transfer Request form, HUD-5383, ( collectively referred to as "Confidential Information") may only be accessed by [HP ACRONYM] employees or contractors if explicitly authorized by [HP ACRONYM] for reasons that specifically call for those individuals to have access to that information under applicable Federal, State, or local law. Confidential information must not be entered into any shared database or disclosed to any other entity or individual, except if: • • • Requested or consented to in writing by the tenant in a time-limited release; Required for use in an eviction proceeding or hearing regarding termination of assistance, or Otherwise required by applicable law. In addition, HUD's VAWA regulations require Emergency Transfer Plans to provide strict confidentiality measures to ensure that the location of the victim's dwelling unit is never disclosed to a person who committed or threatened to commit the VAW A violence/abuse. Accordingly, [INSERT ANY SPECIFIC MEASURES HERE.] Emergency Transfer Procedure [HP ACRONYM] cannot specify how long it will take to process a transfer request. [HP ACRONYM] will, however, act as quickly as possible to assist a tenant who qualifies for an emergency transfer. If [HP ACRONYM] identifies an available unit and the tenant believes that unit would not be safe, the tenant may request a transfer to a different unit. [HP ACRONYM] may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit. If [HP ACRONYM] has no safe and available units for which the tenant is eligible, [HP ACRONYM] will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant's request, [HP ACRONYM] will also assist tenants in contacting the local organizations offering assistance to victims of VA WA violence/abuse that are attached to this plan. Making Plan Available All materials must ensure effective communication with individuals with disabilities, including making materials available in alternative accessible formats, as well as providing reasonable accommodations. VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.068</GPH> khammond on DSKJM1Z7X2PROD with NOTICES [INSERT HP'S POLICY FOR MAKING THE PLAN AVAILABLE UPON REQUEST AND, WHEN FEASIBLE, PUBLICLY AVAILABLE.] Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices 66735 In addition, each provider must have VAWA forms available in multiple languages consistent with their language access plan to meet limited English proficiency (LEP) obligations. Safety and Security of Tenants When [HP ACRONYM] receives any inquiry or request regarding an emergency transfer, [HP ACRONYM] will encourage the person making the inquiry or request to take all reasonable precautions to be safe, including seeking guidance and assistance from a victim service provider. However, tenants are not required to receive guidance or assistance from a victim service provider. • • • • Tenants who are or have been victims of domestic violence will be encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY). Tenants who have been victims of sexual assault will be encouraged to call the Rape, Abuse & Incest National Network's National Sexual Assault Hotline at 800-656-HOPE, or visit the online hotline at https://ohl.rainn.org/online. Tenants who are or have been victims of stalking seeking help will be encouraged to visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource-center. [INSERT CONTACT INFORMATION FOR LOCAL ORGANIZATIONS OFFERING ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.] VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.069</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Public reporting burden for this collection of information is estimated to range from four to eight hours per each covered housing provider's response, depending on the covered housing program. This includes the time to develop program and projectspecific emergency transfer policies and develop contacts with local service providers. Comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street, SW, Washington, DC 20410. This is a model plan and housing providers in programs covered by VAWA may, at their discretion, use it to develop their own emergency transfer plans, as required under 24 CFR 5 .2005(e ). While HUD does not intend to collect emergency transfer plans, HUD may access these plans to ensure compliance with the regulations. A Federal agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. 66736 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices PURPOSE OF FORM: A tenant or applicant who asks for protection under the Violence Against Women Act (VAWA), referred to in this form as "you," may use this form to fulfill a housing provider's written request to certify status as a "victim" or document the incident(s) of''VAWA violence/abuse" as explained in the accompanying "Notice of Occupancy Rights Under the Violence Against Women Act," Form HUD5380 (VAWA Notice). For protections that depend on more than victim status or VAWA violence/abuse, you (the tenant or applicant) may be asked to provide other information or documentation to show that you qualify. However, you are not expected and cannot be asked or required-to claim, document, or prove victim status or VAWA violence/abuse other than as stated in the VAWA Notice. This form is just one of your available options for responding to a housing provider's written request for documentation of victim status or the incident(s) of VAWA violence/abuse. If you choose, you may submit one ofthe types ofthird-party documentation described in the VAWA Notice, in the section titled ''What do I need to document that I am a victim?". NOTE: VAWA protects individuals and families regardless of a victim's actual or perceived sexual orientation, gender identity, or marital status. CONFIDENTIALITY: Your housing provider will keep strictly confidential any information you provide about the VAWA violence/abuse or the fact you are a victim, including the information on this form. This information can only be accessed by a person working for your housing provider if your housing provider explicitly authorizes that person's access for a reason specifically called for under applicable law. This information will not be given to others or put in a database shared with others, unless your housing provider gets your written permission to do so for a limited time, is required to do so as part of an eviction or termination hearing or is required to do so by law. Note: Any personal information you share in this form will not be collected nor maintained by HUD and will only be maintained by your Covered Housing Providers according to the confidentiality provisions above. TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 1. Date the written request for documentation of VAWA violence/abuse was received: 2. Name(s) of victim(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3. Name of applicant or tenant making (signing) this certification: _ _ _ _ _ _ _ _ _ _ _ _ _ __ 4. Name(s) of other member(s) of the household: 5. Name of the perpetrator (if known and can be safely disclo_se_d~1_:_ _ _ _ _ _ _ _ _ _ _ _ _ __ 6. In your own words, briefly describe the incident(s) of domestic violence, dating violence, sexual assault, or stalking, and include the relevant location(s), date(s), time(s) and the victim's relationship to the perpetrator (ifknown and can be safely disclosed): Reasonable Accommodations: If you are an individual with a disability and may need a reasonable accommodation, please contact [INSERT CONTACT]. A reasonable accommodation related to this documentation_may include, for example, allowing an oral VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.070</GPH> khammond on DSKJM1Z7X2PROD with NOTICES (Please note that you may attach additional pages as needed) Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices 66737 statement instead of written documentation, or an extension of time to submit the requested documentation. Regulatory VAWA definitions of domestic violence, dating violence, sexual assault, or stalking: Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim by a person with whom the victim shares a child in common, by a person who lives with or has lived with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. Dating violence means violence committed by a person: ( 1) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and (2) Where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship. Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) Fear for the person's individual safety or the safety of others or (2) Suffer substantial emotional distress. Certification of Applicant or Tenant: By signing below, I am certifying that the information provided on this form is true and correct to the best of my knowledge and recollection and that one or more members of my household is or has been a victim of domestic violence, dating violence, sexual assault, or stalking as described in the VAWA definitions above. Signature ______________ Signed on (Date._ _ _ _ _ _ _ _ _ _ __ VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.071</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Public Reporting Burden for this collection of information is estimated to average 30 minutes per response. Ibis includes the time for collecting, reviewing, and reporting. Comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, QDAM, Department of Housing and Urban Development, 4 51 7th Street, SW, Washington, DC 20410. Housing providers in programs covered by VAWA may request certification that the applicant or tenant is a victim of VAWA violence/abuse. A Federal agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. 66738 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices Purpose of Form: If you or a member of your household is a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer for yourself or your household, you may use this form to request an emergency transfer and certify that you are eligible for an emergency transfer under the Violence Against Women Act of 1994, as amended (VAWA). This form refers to domestic violence, dating violence, sexual assault, or stalking as VA WA violence/ahuse. Despite this law's name, protections are not limited to women, and are available regardless of a victim's sex, actual or perceived gender identity, sexual orientation, or marital status. Submitting this fonn does not necessarily mean that you will receive an emergency transfer. See your housing provider's Emergency Transfer Plan for more information about emergency transfers. Note: Any personal information you share in this form will not be collected nor maintained by HUD and will only be maintained by your Covered Housing Providers according to the confidentiality provisions below. You may request an emergency transfer when: ( 1) You (or a member of your household) are a victim ofVAWA violence/abuse; (2) You specifically request the emergency transfer; and (3) (A) You reasonably believe* you (or a member of your household) will soon face more violence if you stay in your housing; or (B) You (or a member of your household) are a victim of sexual assault that occurred on the premises and you request an emergency transfer within 90 days (including holidays and weekend days) after the date of that assault. *Reasonable belief may stem from VAWA violence/abuse impacting a household member. Submission of Documentation: Tfyou have not already done so, your housing provider may require you to document that you, or a member of your household, are a victim of VAWA violence/abuse in addition to completing this emergency transfer request form. This can be met by a self-certification (Form HUD5382) unless there is conflicting information. If you have third-party documentation that demonstrates why you are eligible for an emergency transfer, you may submit that documentation to your housing provider if you choose. See HUD-5380 (VAWA Notice) for more infom1ation. Confidentiality: Your housing provider will keep strictly confidential any information you provide about the VAWA violence/abuse or the fact you are a victim, including the information on this form. This information can only be accessed by a person working for your housing provider if your housing provider explicitly authorizes that person's access for a reason specifically called for under applicable law. This information will not be given to others or put in a database shared with others, unless your housing provider gets your written permission to do so for a limited time, is required to do so as part of an eviction or tennination hearing or is required to do so by law. In addition, your housing provider must keep your address strictly confidential to ensure that it is not disclosed to a person who committed or threatened to commit VAWA violence/abuse against you. TO BE COMPLETED BY OR ON BEHALF OF THE TENANT REQUESTING A TRANSFER 1. Name(s)ofVictim(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 2. Your Name ((f'd~fferentjrom victim's): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3. Name(s) of other member(s) of the household: 4. Name(s) of other household member(s) who would transfer with the victim: 5. Address of location from which the victim seeks to transfer: Best Method of Contact: Phone Number~:_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Is it okay to leave a voicemail? D Yes D No D Email Email Address: D Mail Mailing Address: VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4725 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.072</GPH> khammond on DSKJM1Z7X2PROD with NOTICES D Phone Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices 66739 Please List: D Other 6. Name of the abuser (if known and can be safely disclosed): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 7. Relationship of the abuser to the victim (~f known and can be safely disclosed): _ _ _ _ _ __ 8. What features are requested for a safe unit? You may also list here any information that would facilitate a suitable transfer, such as accessibility needs, and a description of where it is safe/unsafe for you to live (Please note, ability to provide is based on availability.) D New Neighborhood D Second Floor unit (and above) D Well-lit hallways/walkways D New Building D Near an Exit D 24 Hour Security First Floor unit Other: 9. NOTE: Your housing provider might, in certain circumstances, request written documentation that you are a victim of VAWA violence/abuse. This information can be documented as follows: You can decide which form to submit. D HUD Form 5382 Certification ofDomestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation, which asks your name, the abuser's name, ifknown and safe to provide, and a description of the incident(s). D A document signed by a victim service provider, attorney, mental health professional, or medical professional who has helped you address the V AWA violence/abuse. The professional must state "under penalty of perjury" that he/she/they believe in the occurrence of the incident of VAWA violence/abuse and that it is covered by VAWA. Both you and the professional must sign the statement. D A police, administrative, or court record (such as a protective order) that shows you (or a member of your household) are a victim ofVAWA violence/abuse. D At the discretion of your housing provider, a statement or other documentation provided by you. D If permitted by your housing provider, a statement or other evidence provided by the tenant. D D Certification of Tenant: By signing below, I certify that the following apply to me and my household: 1. I am requesting an emergency transfer. AND 2. I believe there is a threat of imminent harm to myself or someone in my household if we stay in the same housing unit, AND/OR I or a member of my household was sexually assaulted on the premises of my housing in the last 90 days. Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Signed on'""'(-=D'-"a=t.,._e),. . ._____________ Public reporting burden for this collection of information is estimated to average 30 minutes per response. This includes the time for collecting, reviewing, and reporting. Comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street, SW, Washington, DC 20410. Housing providers in programs covered by VAWA may ask for a written request for an emergency transfer for a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking. Housing providers may distribute this form to tenants and tenants may use it to request an emergency transfer. The information is subject to the confidentiality requirements of VAWA. A Federal agency may not collect this infonnation, and you are not required to complete this fonn, unless it displays a cun-ently valid Office of Management and Budget control number. [FR Doc. 2022–24070 Filed 11–3–22; 8:45 am] VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1 EN04NO22.073</GPH> khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE C

Agencies

[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66723-66739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24070]


=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7061-N-18]


60-Day Notice of Proposed Information Collection: Implementation 
of the Violence Against Women Reauthorization Act of 2013, OMB Control 
No.: 2577-0286

AGENCY: Offices of Housing, Public and Indian Housing, and Community 
Planning and Development, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

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 Date: January 3, 2023.

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 Officer, REE, 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]. A copy of the proposed forms is available from 
Ms. Pollard. HUD welcomes and is prepared to receive calls from 
individuals who are deaf or hard of hearing, as well as individuals 
with speech and communication disabilities. To learn more about how to 
make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

[[Page 66724]]


FOR FURTHER INFORMATION CONTACT: Leea Thornton, Office of Policy, 
Program and Legislative Initiatives, PIH, Department of Housing and 
Urban Development, 451 7th Street SW, Room 3178, Washington, DC 20410; 
telephone 202-402-6455. HUD welcomes and is prepared to receive calls 
from individuals who are deaf or hard of hearing, as well as 
individuals with speech and communication disabilities. To learn more 
about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. 
Copies of available documents submitted to OMB may be obtained from Ms. 
Thornton.

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: Implementation of the Violence 
Against Women Reauthorization Act of 2013.
    OMB Approval Number: 2577-0286.
    Type of Request: Reinstatement, with change, of previously approved 
collection for which approval has expired.
    Form Number: HUD-5380, HUD-5381, HUD-5382, and HUD-5383. Other: 
Emergency transfer reporting, lease bifurcation, and lease addendum.
    Description of the need for the information and proposed use: The 
Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public 
Law 113-4, 127 Stat. 54, reauthorized and amended the Violence Against 
Women Act of 1994, as previously amended (title IV, sec. 40001-40703 of 
Pub. L. 103-322, 42 U.S.C. 13925 et seq.). In doing so, VAWA 2013 
expanded the VAWA protections that applied to HUD's Section 8 and 
Public Housing programs and widened the range of HUD's housing programs 
that are subject to VAWA protections. The provisions of VAWA 2013 that 
afford protections to victims of domestic violence, dating violence, 
sexual assault, and stalking are statutory and statutorily directed to 
be implemented. Accordingly, on November 16, 2016, HUD published a 
final rule at 81 FR 80724 (VAWA Rule), implementing VAWA 2013's 
provisions in its housing programs. The Violence Against Women Act 
Reauthorization Act of 2022 (VAWA 2022) was signed March 15, 2022, 
however certain provisions are not self-implementing. Once VAWA 2022 
has been implemented this PRA will be further updated, as appropriate.
    The HUD programs that include VAWA protections as required by VAWA 
2013 and the VAWA rule include:
     Section 202 Supportive Housing for the Elderly (12 U.S.C. 
1701q);
     Section 811 Supportive Housing for Persons with 
Disabilities (42 U.S.C. 8013);
     Housing Opportunities for Persons with AIDS (HOPWA) 
program (42 U.S.C. 12901 et seq);
     HOME Investment Partnerships (HOME) program (42 U.S.C. 
12741 et seq.);
     Homeless programs under title IV of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11360 et seq.), including the 
Emergency Solutions Grants (ESG) program; the Continuum of Care (CoC) 
program; and the Rural Housing Stability Assistance program;
     Multifamily rental housing under section 221(d)(3) of the 
National Housing Act (12 U.S.C. 17151(d)) with a below-market interest 
rate (BMIR) pursuant to section 221(d)(5);
     Multifamily rental housing under section 236 of the 
National Housing Act (12 U.S.C. 1715z-1);
     HUD programs assisted under the United States Housing Act 
of 1937 (42 U.S.C. 1437 et seq.); specifically, public housing under 
section 6 of the 1937 Act (42 U.S.C. 1437d), tenant-based and project-
based rental assistance under section 8 of the 1937 Act (42 U.S.C. 
1437f), and the Section 8 Moderate Rehabilitation Single Room 
Occupancy; and
     The Housing Trust Fund (12 U.S.C. 4568).
    To assure covered housing providers (CHPs) under the programs 
listed above comply with VAWA 2013 and the VAWA Rule, the Department 
must provide to all CHPs certain model documents for use, as follows:
     Form HUD-5380: Notice of Occupancy Rights Under the 
Violence Against Women Act. HUD must provide this notice to CHPs, which 
must, in turn, distribute it to tenants and to applicants at the times 
specified in the VAWA rule at minimum to ensure they are aware of their 
rights under VAWA and its implementing regulations. CHPs must add 
specific information to this form as indicated by the imbedded 
instructions. The use of ``we'' or ``us'' and use of shorthand will 
require customization depending on whether the provider and the 
landlord are the same, and, particularly for the CPD programs, the 
program decisions made by the grantee and subgrantee.
     Form HUD-5381: Model Emergency Transfer Plan for Victims 
of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. HUD 
must provide this model document to CHPs. CHPs must develop their own 
emergency transfer plans, as required by the VAWA rule, must make their 
emergency transfer plan available upon request, and, when feasible, 
must make their plan publicly available. CHPs may, at their discretion, 
use HUD-5381 to develop these plans. This model contains only general 
provisions of an emergency transfer plan that apply across the covered 
HUD programs. Adoption of this model plan without further customization 
and information concerning how the emergency transfer plan will operate 
will not be sufficient to meet a covered housing provider's 
responsibility to adopt an emergency transfer plan. CHPs must consult 
the applicable regulations and are encouraged to consult program-
specific HUD guidance when developing their own emergency transfer 
plans to ensure those plans contain all required elements.
     Form HUD-5382: Certification of Domestic Violence, Dating 
Violence, Sexual Assault, or Stalking, and Alternate Documentation. HUD 
must provide this certification form to CHPs, which must, in turn, 
distribute it to tenants and applicants as a required complement and 
extension of the required Notice of Occupancy Rights Under the Violence 
Against Women Act (Form HUD-5380). As further explained on the Form 
HUD-5382, an applicant or tenant who is asking for or about VAWA 
protections may choose to fill out and submit this certification form 
as one of the four legally acceptable options the VAWA final rule 
provides for answering any covered housing provider's written request 
for documentation that an individual is or has been a victim of 
domestic violence, dating violence, sexual assault, or stalking or that 
a covered incident or incidents of domestic violence, dating violence, 
sexual assault, and stalking occurred. (Note: This is a revision of and 
supersedes form HUD-50066. VAWA 2013 required that the form be updated 
and made applicable to all covered housing programs.)
     Form HUD-5383: Emergency Transfer Request for Certain 
Victims of Domestic Violence, Dating Violence, Sexual Assault, or 
Stalking. HUD provides this model emergency transfer request form to 
CHPs. CHPs may, at their discretion, distribute it to tenants and 
applicants. This form serves as a model for use by a CHP to accept 
requests for emergency transfers under its required VAWA 2013 Emergency 
Transfer Plan.

[[Page 66725]]

    HUD has, as part of this package, revised the forms that were 
published with HUD's final rule in order to more closely align with the 
rule and to clarify language. In addition to the minor changes, HUD 
makes the following specific changes:
     Form HUD-5380: Streamline information and language used in 
the notice to reduce pages. Translated regulatory language into plain 
language. Made titles of sections into questions that directly address 
the reader. CHPs must add specific information to this form as 
indicated by the imbedded instructions. Other areas of the form may be 
used by the provider to include customized information as necessary. 
The use of ``we'' or ``us'' and use of shorthand will require some 
customization depending on whether the provider (grantee/recipient) and 
the landlord are the same, and, particularly for the Office of HIV/AIDS 
Housing (OHH) and Office of Special Needs Assistance Programs (SNAPS), 
the program decisions made by the grantee/recipient.
     Form HUD-5381: Add a note to covered housing providers 
that the use of the model form without adding program specific and 
housing provider specific policies will not be sufficient to meet the 
emergency transfer plan requirements. Add a definition section with 
definitions taken from the regulation. Rename the section titled 
``Emergency Transfer Timing and Availability'' to ``Emergency Transfer 
Procedures'' and add two new sections, ``Emergency Transfer Policies'' 
section, which clarifies that the provider must specify their 
individual policies for different categories of transfers (i.e. 
internal or external transfers) where applicable, and a ``Priority for 
Transfers'' section, which requires providers to provide any type of 
priority being provided to a victim consistent with 24 CFR 5.2005(e)(3) 
and (e)(6). Update the ``Confidentiality'' section to more closely 
follow the regulation at 24 CFR 5.2007(c) and put individuals on notice 
of confidentiality protections. Lastly, add a ``Making Plan Available'' 
section to describe how the plan will be made publicly available, where 
possible.
     Form HUD-5382: Update the ``Submission of Documentation'' 
section to include information about reasonable accommodations.
     Form HUD-5383: Update the ``Confidentiality'' section to 
use more plain language. Added information about family members in 
household, current address, best method of contact, what type of 
transfer is being requested, what features they want to request in a 
safe unit, and optional documentation to include with form.
    In addition, the Department seeks approval for the following 
information collection activities required by VAWA 2013 and HUD's final 
rule:
     Lease Addendum: The VAWA regulation includes certain 
requirements that must be incorporated into tenants' leases.
     Emergency Transfer Reporting: CHPs must keep a record of 
all emergency transfers requested under its emergency transfer plan, 
and the outcomes of such requests, and retain these records for a 
period of three years, or for a period of time as specified in program 
regulations. Requests and outcomes of such requests must also be 
reported to HUD annually. Requests and outcomes of such requests must 
be reported to HUD annually. HUD proposes to include the following data 
fields in its program reporting systems to help standardize the 
information CHPs provide on emergency transfer requests and outcomes of 
those requests:

[cir] Total number of VAWA Emergency Transfer Requests
[cir] Number of requests that resulted in Internal Transfers
[cir] Number of requests that resulted in External Transfers
[cir] Number of requests yet to be placed
[cir] Number of approved Emergency Transfer requests that resulted in 
no transfer
[cir] Number of requests that did not qualify for Emergency Transfer 
and were denied
[cir] Length of time needed to process emergency transfers

    Consistent with House Report 116-109, part of the fiscal year 2022 
Omnibus Spending Bill, Public Law 113-4, HUD is also adding a request 
as part of this information collection to seek information about the 
extent to which public housing agencies and owners, and managers have 
adopted VAWA emergency transfer policies since the publication of the 
Department's model emergency transfer plan, and the effectiveness of 
those emergency transfer policies in allowing victims to access safe 
housing. The information would include the type of covered housing 
provider; a request for sharing their VAWA emergency transfer plan and 
whether such plan is publicly available; how many VAWA emergency 
transfer requests were received over the last three years and outcome 
of those requests; a request for indicating if a waiting list 
preference is available for victims of domestic violence, sexual 
assault, dating violence, and stalking; information about 
collaborations or coordination with consortiums or other providers for 
purposes of providing housing and services for victims; whether a VAWA 
service coordinator exists; and whether a VAWA lease bifurcation policy 
exists. This information may be collected by way of email 
communication, updated systems, or survey. This collection is also 
consistent with reporting in 24 CFR part 5, subpart L. HUD expects to 
request this information annually and it would take housing providers 
one hour per annual submission.
     Lease Bifurcation Option: VAWA 2013 mandates that HUD 
provide for lease bifurcation. In other words, CHPs may, subject to 
their program rules and state and local law, bifurcate a lease in order 
to evict or remove any member of a household who has allegedly engaged 
in criminal activity directly relating to domestic violence, dating 
violence, sexual assault, or stalking against an affiliated individual 
or other individual, while allowing the victim and other members of the 
household to remain. This is optional.
     Respondents (i.e. affected public): Public housing 
agencies, private multifamily housing owners and management agents, 
state and local agencies, and grant recipients.
    Estimated Number of Respondents: 328,485.
    Estimated Number of Responses: 7,969,000.
    Frequency of Response: Varies. For the HUD-5380 and HUD-5382 there 
are approximately 3,918 Public Housing and Housing Choice Voucher 
respondents with 801 responses per respondent. For Multifamily Housing 
there are approximately 23,000 respondents with 104 responses per 
respondent. For HOME there are 1,874 respondents with approximately 62 
responses. For HOPWA there are 255 respondents with 176 responses. For 
Homelessness programs (CoC, ESG, Rural Housing Stability) there are 
1,040 respondents with 410 responses.
    Each respondent indicated will have to complete an emergency 
transfer plan using the HUD-5381 or other format. For the HUD-5382 
certification for documentation by survivor and emergency transfer 
request there are approximately 210,725 responses. For the HUD-5382 and 
HUD-5383 certification for documentation by professional and emergency 
transfer request there are 69,714 responses.

[[Page 66726]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Frequency of                   Est. avg. time
    24 CFR section and description of        Number of       response         Annual            for         Annual hour
                activity                    respondents    (annual, per      responses      requirement       burden       Cost per hour    Total cost
                                                            respondent)                       (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    5.2005(a) Form HUD-5380: Notice of Occupancy Rights and form HUD-5382: Certification Form-Distribution and Review
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Public Housing and Housing Choice Voucher (HCV)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Average of Denied Admissions.....           3,918               7          27,426            0.08           2,194             $24         $52,658
Annual Average of new Households that              3,918              55         215,490            0.08          17,239              24         413,741
 Move In................................
Annual Average of Eviction Notices Sent.           3,918               3          11,754            0.08             940              24          22,568
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Multifamily Housing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Average of Denied Admissions.....          23,000              15         345,000            0.08          27,600              24         662,400
Annual Average of new Households that             23,000               9         207,000            0.08          16,560              24         397,440
 Move In................................
Annual Average of Eviction Notices Sent.          23,000              10         230,000            0.08          18,400              24         441,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          HOME
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Average of Denied Admissions.....           1,874              20          37,480            0.08           2,998              24          71,962
Annual Average of new Households that              1,874              16          29,984            0.08           2,399              24          57,569
 Move In................................
Annual Average of Eviction Notices Sent.           1,874               8          14,992            0.08           1,199              24          28,785
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          HOPWA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Average of Denied Admissions.....             255              20           5,100            0.08             408              24           9,792
Annual Average of new Households that                255              20           5,100            0.08             408              24           9,792
 Move In................................
Annual Average of Eviction Notices Sent.             255              10           2,550            0.08             204              24           4,896
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Homeless (CoC, ESG, and Rural Housing Stability)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Average of Denied Admissions.....           1,040               5           5,200             1.5           7,800              24         187,200
Annual Average of new Households that              1,040               1           1,040             1.5           1,560              24          37,440
 Move In................................
Annual Average of Eviction Notices Sent.           1,040               1           1,040             1.5           1,560              24          37,440
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               5.2005(e) Form HUD-5381: Emergency Transfer Plan-Completion
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918               1           3,918               8          31,344              24         752,256
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               1          23,000               8         184,000              24       4,416,000
HOME....................................          11,874               1           1,874               8          14,992              24         359,808
HOPWA...................................             255               1             255               8           2,040              24          48,960
Homeless (CoC, ESG, and Rural Housing              1,040               1           1,040               4           4,160              24          99,840
 Stability).............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         5.2007(b) Form HUD-5382: Certification Form--Documentation by Survivor
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918              10          39,180            0.33          12,929            7.25          93,738
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               6         138,000            0.33          45,540            7.25         330,165
HOME....................................           1,874              15          28,110            0.33           9,276            7.25          67,253
HOPWA...................................             255               5           1,275            0.33             421            7.25           3,050
Homeless (CoC, ESG, and Rural Housing              1,040               4           4,160             0.5           2,080            7.25          15,080
 Stability).............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    5.2007(b)(1)(ii) Form HUD-5382: Certification Form--Documentation by Professional
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918               3          11,754             0.5           5,877              24         141,048
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               2          46,000             0.5          23,000              24         552,000
HOME....................................           1,874               5           9,370             0.5           4,685              24         112,440
HOPWA...................................             255               2             510             0.5             255              24           6,120
Homeless (CoC, ESG, and Rural Housing              1,040               2           2,080             0.5           1,040              24          24,960
 Stability).............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     5.2005(e) Form HUD-5383: Emergency Transfer Request--Documentation by Survivor
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918              10          39,180            0.33          12,929            7.25          93,738
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               3          69,000            0.33          22,770            7.25         165,083
HOME....................................           1,874               5           9,370            0.33           3,092            7.25          22,418
HOPWA...................................             255               5           1,275            0.33             421            7.25           3,050
Homeless (CoC, ESG, and Rural Housing              1,040               4           4,160             0.5           2,080            7.25          15,080
 Stability).............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          5.2005(e) Form HUD-5383: Emergency Transfer Request--Annual Reporting
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918               1           3,918               1           3,918              24          94,032
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               1          23,000               1          23,000              24         552,000
HOME....................................           1,874               1           1,874               3           5,622              24         134,928
HOPWA...................................             255               1             255               1             255              24           6,120
Homeless (CoC, ESG, and Rural Housing              1,040               1           1,040               1           1,040              24          24,960
 Stability).............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    5.2005(a) Lease Addendum--Distribution and Review
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918              59         231,162             0.5         115,581              24       2,773,944
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000              24         552,000             0.5         276,000              24       6,624,000
HOME....................................           1,874              18          33,732             0.5          16,866              24         404,784
HOPWA...................................             255              50          12,750             0.5           6,375              24         153,000
Homeless (CoC, ESG, and Rural Housing              1,040             403         419,120             0.5         209,560              24       5,029,440
 Stability).............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                5.2009 Lease Bifurcation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918               4          15,672               8         125,376              24       3,009,024
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               4          92,000               2         184,000              24       4,416,000
HOME....................................           1,874               3           5,622               2          11,244              24         269,856
HOPWA...................................             255               2             510               2           1,020              24          24,480
Homeless (CoC, ESG, and Rural Housing              1,040             0.5             520             1.5             780              24          18,720
 Stability).............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             NEW: Emergency Transfer Report
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918               1           3,918               1           3,918              24          94,032
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               1          23,000             0.5          11,500              24         276,000
                                         ---------------------------------------------------------------------------------------------------------------
    Grand Total.........................         328,485          Varies       7,968,918          Varies       2,856,717  ..............     339,292,658
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 66727]]

    Notes:
     This matrix amends the one of the same titles provided in 
the OMB Emergency PRA approval, 2577-0286, approved 12/13/2016, which 
provided for 3,622,370 hours.
     For each category, HUD assumes the following breakdown of 
Covered Housing Provider respondents in covered programs: 3,918 public 
housing agencies that administer either or both public housing and HCV; 
23,000 Multifamily Housing properties; 1,874 HOME Participating 
Jurisdictions (PJs) and housing owners; 255 HOPWA grant recipients, and 
1,040 Homeless (CoC, ESG, and Rural Housing Stability) grant 
recipients.
     The ``Frequency of Response (annual, per respondent)'', 
provides the estimated average of actions anticipated for each CHP in 
each program area. For example, HUD estimates that each Multifamily 
Housing property will deny assistance to 20 applicants each year. 
Therefore, the total number of responses and total number of 
Multifamily Housing assistance denials in one year is 23,000 x 20 = 
460,000. Similarly, HUD estimates that each of the 255 HOPWA grant 
recipients will receive 5 completed Certification forms each year. The 
total number of responses and total number of certifications received 
in the HOPWA program in one year is 255 x 5 = 1,275.
     The $24 hourly rate is based on an average salary of 
$50,000 per annum. An internet search on 11/5/2020 shows housing 
specialist positions with an average of $40,000 per annum and $55,000 
per annum for residential property managers. This dollar amount is a 
reasonable average for employees of CHPs at differing levels of 
seniority.
     $7.25 is used as the cost to tenants, as it is the federal 
minimum hourly wage amount.
    Average Hours per Response: 0.39.
    Total Estimated Burdens: 2,856,718.

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) HUD solicits comment on the implementation of the requirement 
that covered housing providers must keep a record of all emergency 
transfers requested under its emergency transfer plan, and the outcomes 
of such requests, and that such data must be reported to HUD annually. 
Specifically, is HUD's list of potential outcomes adequate or are there 
outcomes that should be added or modified? Further, HUD proposes to 
collect data on the ``length of time'' for emergency transfers to be 
implemented. What is an appropriate measure for ``length of time'' for 
emergency transfers? Should a covered housing provider only measure 
from when the emergency transfer was requested to approval/denial and/
or should it be measured to move-in date? If a victim is issued a 
Housing Choice Voucher (HCV) as a result of their emergency transfer 
request, should the length of time be measured from request to voucher 
issuance and/or lease-up date? Should covered housing providers be able 
to explain the circumstances that affected the length of time for 
emergency transfers (e.g., the victim turned down offered units due to 
safety concerns)?
    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. 
3507.

Laura Miller-Pittman,
Chief Office of Policy, Programs and Legislative Initiatives.
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[FR Doc. 2022-24070 Filed 11-3-22; 8:45 am]
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