60-Day Notice of Proposed Information Collection: Section 8 Renewal Policy Guidebook, 74651-74661 [2022-26452]
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: February 6,
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 Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech or 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.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, at 451 7th
Street SW, Washington, DC 20410;
email at Colette.Pollard@hud.gov or
telephone at 202–402–3400. This is not
a toll-free number. HUD welcomes and
is prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech or 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. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
document complies with the
requirements of an OIG audit that found
the collection was not in compliance
with 24 CFR 214.3 and 2 CFR 200.501,
Audit requirements. The information is
used to assist HUD in evaluating the
managerial and financial capacity of
organizations to sustain operations
sufficient to implement HUD-approved
housing counseling programs. The
collection of information assists HUD in
reducing its own risks from fraudulent
activities or supporting inefficient or
ineffective housing counseling
programs. Since HUD publishes a web
list of HUD-approved Housing
Counseling Agencies and maintains a
toll-free housing counseling hotline,
performance reviews help HUD ensure
that individuals seeking assistance from
these approved agencies will receive
high quality services.
HUD uses performance reviews to
ascertain the professional and
management capacity of HUD-approved
housing counseling agencies to provide
adequate housing counseling services
necessary to comply with the
requirements of the Housing and Urban
Development Act and to ensure that
grant-funded organizations comply with
HUD and OMB administrative and
financial regulations. If this information
is not collected, HUD will be unable to
effectively monitor the Housing
Counseling Program to guard against
waste, fraud, abuse, or inappropriate
program practices. This collection
provides the means to meet that
obligation.
Respondents: Not-for-profit
institutions; State, Local or Tribal
Government.
Estimated Number of Respondents:
353.
Estimated Number of Responses: 353.
Frequency of Response: 1 per agency
performance review.
Average Hours per Response: 9.5.
Total Estimated Burden: 3,354 hours.
A. Overview of Information Collection
Title of Information Collection: Office
of Housing Counseling—Agency
Performance Review.
OMB Approval Number: 2502–0574.
OMB Expiration Date: August 31,
2024.
Type of Request: Revision of a
currently approved collection.
Form Number: HUD–9910, Office of
Housing Counseling—Agency
Performance Review.
Description of the Need for the
Information and Proposed Use: The
revisions to the currently approved
collection are needed to ensure the
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
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B. Solicitation of Public Comment
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74651
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
chapter 35.
Jeffrey D. Little,
General Deputy Assistant Secretary for
Housing.
[FR Doc. 2022–26453 Filed 12–5–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7056–N–42; OMB Control
No. 2502–0587]
60-Day Notice of Proposed Information
Collection: Section 8 Renewal Policy
Guidebook
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, 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.
DATES: Comments Due Date: February 6,
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 Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. 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
SUMMARY:
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Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
This is not a toll-free number. 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/telecommunicationsrelay-service-trs.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
A. Overview of Information Collection
Title of information collection:
Section 8 Renewal Policy Guidebook.
OMB approval number: 2502–0587.
OMB expiration date: November 30,
2020.
Type of request: Reinstatement, with
change, of previously approved
collection for which approval has
expired.
Form numbers:
1. Housing Assistance Payments
Contract: HUD–52522a; HUD–52522b
2. Assignment, Assumption, and
Amendment of Section 8 Housing
Assistance Payments (HAP) Contract:
HUD–5988 (new)
3. Use Agreement: HUD–90055
4. Rent Comparability Grid: HUD–
92273–S8
5. Project-Based Section 8 Housing
Assistance Payments: Addendum to
Renewal Contract Under Option One
or Option Two for Capital Repairs
and/or Acquisition Costs: HUD–93181
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Information collection
Housing Assistance Payments Contract (HUD–
52522a and b) ...............................................
Assignment, Assumption, and Amendment of
Section 8 Housing Assistance Payments
(HAP) Contract (HUD–5988) .........................
Section 8 Use Agreement (HUD–90055) .........
Rent Comparability Grid (HUD–92273–S8) ......
Project-Based Section 8 Housing Assistance
Payments: Addendum to Renewal Contract
Under Option One or Option Two for Capital
Repairs and/or Acquisition Costs (HUD–
93181) ............................................................
Project-Based Section 8 Housing Assistance
Payments: Addendum to Renewal Contract
Under Option One or Option Two for Capital
Repairs and/or Acquisition—Post-Rehabilitation Rents at Closing (HUD–93182) ..............
Rider to Original Section 8 Housing Assistance
Payments Contract (HUD–93184) .................
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6. Project-Based Section 8 Housing
Assistance Payments: Addendum to
Renewal Contract Under Option One
or Option Two for Capital Repairs
and/or Acquisition—PostRehabilitation Rents at Closing: HUD–
93182
7. Rider to Original Section 8 Housing
Assistance Payments Contract: HUD–
93184
8. Amendment to Project-Based Section
8 Housing Assistance Payments
Contract Pursuant to Section 8(bb)(1)
of the United States Housing Act of
1937: HUD–93185a; HUD–93185b
9. Contract Renewal Request Form:
HUD–9624
10. OCAF Rent Adjustment Worksheet:
HUD–9625
11. Letters to Owners/Agents: HUD–
9626
12. Letters to Owners/Agents: HUD–
9627
13. Request to Renew Using Non–
Section 8 Units in the Section 8
Project as a Market Rent Ceiling:
HUD–9629
14. Request to Renew Using Fair Market
Rents (FMRs) as Market Ceiling:
HUD–9630
15. Sample Use Agreement: HUD–9634
16. Projects Preparing a Budget-Based
Rent Increase: HUD–9635
17. Project-Based Section 8 Housing
Assistance Payments Basic Renew
Contract—One-Year Term: HUD–9636
18. Project-Based Section 8 Housing
Assistance Payments Basic Renew
Contract—Multi-Year Term: HUD–
9637
19. Project-Based Section 8 Housing
Assistance Payments Renewal
Contract for Mark-Up-To-Market
Project: HUD–9638
20. Project-Based Section 8 Housing
Assistance Payments Preservation
Renewal Contract: HUD–9639
Total annual
burden hrs.
Hourly cost
to public
Total annual
cost to
public
Hourly cost
to
government
Total annual
cost to
government
0.50
10
$39.72
$397.20
$51.18
$511.80
3,555
75
950
0.50
0.50
1.00
1,778
38
950
39.72
39.72
39.72
70,602.30
1,489.50
37,734.00
51.18
51.18
51.18
90,972.45
1,919.25
48,621.00
50
50
0.50
25
39.72
993.00
51.18
1,279.50
150
150
0.50
75
39.72
2,979.00
51.18
3,838.50
20
20
0.50
10
39.72
397.20
51.18
511.80
Number of
respondents
Total annual
responses
20
20
3,555
75
950
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Burden
hours per
response
21. Project-Based Section 8 Housing
Assistance Payments Interim (Full)
Mark-To-Market Renewal Contract:
HUD–9640
22. Project-Based Section 8 Housing
Assistance Payments Interim (Lite)
Mark-To-Market Renewal Contract:
HUD–9641
23. Project-Based Section 8 Housing
Assistance Payments Full Mark-ToMarket Renewal Contract: HUD–9642
24. Project-Based Section 8 Housing
Assistance Payments Watch List
Renewal Contract: HUD–9643
25. Project-Based Assistance Housing
Assistance Payments Contract For
Previous Mod Rehab Projects: HUD–
9644
26. Housing Assistance Payments
Program Housing Finance &
Development Agencies Extension
Amendment to Old Regulation State
Agency Housing Assistance Payments
Contract: HUD–9647
27. Project-Based Section 8 Contract
Administration Consent to
Assignment of HAP Contract as
Security for Freddie Mac Financing:
HUD–9648a
28. Project-Based Section 8 Contract
Administration Consent to
Assignment of HAP Contract to
FNMA as Security for FNMA Credit
Enhancement: HUD–9648d
29. Project-Based Section 8 Contract
Administration Consent to
Assignment of HAP Contract as
Security for Financing: HUD–9649
30. Consent to Assignment of Senior
Preservation Rental Assistance
Contracts (SPRAC) as Security for
Financing: HUD–9649a
31. Project-Based Section 8 Contract
Administration Consent to
Assignment of HAP Contract as
Security for FNMA Financing: HUD–
9651
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Information collection
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Hourly cost
to
government
Total annual
cost to
government
0.50
13
39.72
496.50
51.18
639.75
25
2,000
0.50
1.00
13
2,000
39.72
39.72
496.50
79,440.00
51.18
51.18
639.75
102,360.00
7,957
7,957
1.00
7,957
39.72
316,052.04
51.18
407,239.26
419
419
0.25
105
39.72
4,160.67
51.18
5,361.11
1,801
1,801
0.25
450
39.72
17,883.93
51.18
23,043.80
10
10
0.50
5
39.72
198.60
51.18
255.90
88
55
88
55
0.50
0.50
44
28
39.72
39.72
1,747.68
1,092.30
51.18
51.18
2,251.92
1,407.45
1,697
1,697
1.00
1,697
39.72
67,404.84
51.18
86,852.46
500
500
0.50
250
39.72
9,930.00
51.18
12,795.00
800
800
0.50
400
39.72
15,888.00
51.18
20,472.00
169
169
0.50
85
39.72
3,356.34
51.18
4,324.71
213
213
0.50
107
39.72
4,230.18
51.18
5,450.67
53
53
0.50
27
39.72
1,052.58
51.18
1,356.27
68
68
0.50
34
39.72
1,350.48
51.18
1,740.12
63
63
0.50
32
39.72
1,251.18
51.18
1,612.17
117
117
0.50
59
39.72
2,323.62
51.18
2,994.03
25
25
0.50
13
39.72
496.50
51.18
639.75
10
10
0.50
5
39.72
198.60
51.18
255.90
50
50
0.50
25
39.72
993.00
51.18
1,279.50
50
50
0.50
25
39.72
993.00
51.18
1,279.50
600
600
0.50
300
39.72
11,916.00
51.18
15,354.00
50
50
1.00
50
39.72
1,986.00
51.18
2,559.00
100
100
0.50
50
39.72
1,986.00
51.18
2,559.00
21,765
21,765
....................
16,655
....................
661,516.74
....................
852,377.31
25
25
2,000
Description of the need for the
information and proposed use: The
Section 8 Renewal Policy Guidebook
explains the various options available
under the Multifamily Housing Reform
and Affordability Act of 1997 (MAHRA)
for the renewal of expiring project-based
section 8 contracts and the adjustment
of contract rents and establishes related
administrative policies. Forms included
Jkt 259001
Total annual
cost to
public
25
Total ...........................................................
17:51 Dec 05, 2022
Hourly cost
to public
Total annual
responses
Amendment to Project-Based Section 8 Housing Assistance Payments Contract [Contract
A1] Pursuant to Section 8(bb)(1) of the
United States Housing Act of 1937 (HUD–
93185a) ..........................................................
Amendment to Project-Based Section 8 Housing Assistance Payments Contract [Contract
B] Pursuant to Section 8(bb)(1) of the United
States Housing Act of 1937 (HUD–93185b)
Contract Renewal Request Form (HUD–9624)
OCAF Rent Adjustment Worksheet (HUD–
9625) ..............................................................
Letters to Owners/Agents: Option 1 and 3
(HUD–9626) ...................................................
Letters to Owners/Agents: Option 2 and 4
(HUD–9627) ...................................................
Request to Renew Using Non–Section 8 Units
in the Section 8 Project as a Market Rent
Ceiling (HUD–9629) ......................................
Request to Renew Using FMRs as Market
Ceiling (HUD–9630) ......................................
Sample Use Agreement (HUD–9634) ..............
Projects Preparing a Budget-Based Rent Increase (HUD–9635) .......................................
Housing Assistance Payments Basic Renewal
Contract—One-Year Term (HUD–9636) .......
Housing Assistance Payments Basic Renewal
Contract—Multi-Year Term (HUD–9637) ......
Housing Assistance Payments Renewal Contract for Mark-Up-To-Market Project (HUD–
9638) ..............................................................
Housing Assistance Payments Preservation
Renewal Contract (HUD–9639) .....................
Housing Assistance Payments Interim (Full)
Mark-To-Market Renewal Contract (HUD–
9640) ..............................................................
Housing Assistance Payments Interim (Lite)
Mark-To-Market Renewal Contract (HUD–
9641) ..............................................................
Housing Assistance Payments Full Mark-ToMarket Renewal Contract (HUD–9642) ........
Housing Assistance Payments Watch List Renewal Contract (HUD–9643) .........................
Project-Based Assistance Housing Assistance
Payments Contract For Previous Mod
Rehab Projects (HUD–9644) .........................
Housing Assistance Payments Program Housing Finance & Development Agencies Extension Amendment to Old Regulation State
Agency Housing Assistance Payments Contract (HUD–9647) ..........................................
Consent to Assignment of HAP Contract as
Security for Freddie Mac Financing (HUD–
9648a) ............................................................
Consent to Assignment of HAP Contract to
FNMA as Security for FNMA Credit Enhancement (HUD–9648d) ..............................
Consent to Assignment of HAP Contract as
Security for Financing (HUD–9649) ..............
Consent to Assignment of Senior Preservation
Rental Assistance Contract (SPRAC) as Security for Financing (HUD–9649a) .................
Consent to Assignment of HAP Contract as
Security for FNMA Financing (HUD–9651) ...
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Total annual
burden hrs.
Number of
respondents
Burden
hours per
response
in the information collection are used in
the renewal and contract rent
adjustment processes. For example,
listed forms are used to establish market
rents; amend rents; request renewal of a
Section 8 contract under the
Multifamily Housing Reform and
Affordability Act of 1997; and ensure
the acceptable operation of properties
assisted under a Section 8 HAP contract.
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This information collection includes a
new form titled ‘‘Assignment,
Assumption, and Amendment of
Assignment, Assumption, and
Amendment of Section 8 Housing
Assistance Payments (HAP) Contract’’
(form HUD–5988) that is included as
Attachment A to this Notice. In addition
to soliciting public comments as
described in this Section, HUD seeks
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input on use of the new form that will
be required for the full assignment of a
HAP contract. A draft of the new form
is attached to this Notice for review. See
below as follows.
Respondents: Businesses or other forprofit and not-for-profit entities.
Estimated Number of Respondents:
21,765.
Estimated Number of Responses:
21,765.
Frequency of Response: Various.
Average Hours per Response: 0.56
hours.
Total Estimated Burden Hours: 16,655
hours.
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B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
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(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507.
Jeffrey D. Little,
General Deputy Assistant Secretary, Office
of Housing.
BILLING CODE 4210–67–P
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This form is used in the administration of the project-based rental assistance program, as authorized under section 8 of the United States Housing Act of
1937, and is intended to assist the Department in ensuring that the operation of the project complies with program requirements. The public reporting burden
for completing this form is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, and
gathering and maintaining the data needed. The information collected is required to obtain benefits. HUD may disclose certain information to Federal,
State, or local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. Information collected will not otherwise be
disclosed or released outside of HUD, except as required and permitted by law. HUD may not collect this information, and you are not required to
complete this form, unless it displays a currently valid 0MB control number.
74656
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
This Assignment, Assumption, and Amendment of Section 8 Housing Assistance Payments
Contract ("Assignment") is made this _ _ day of _ _ _ _ _ _ _ , 20_ by and among
the Contract Administrator, the Assignor/Seller, and the Assignee/Buyer, as each is identified
on page 1, and shall be effective on the date set forth above ("Effective Date"). Only revisions
to this form that are necessitated by State law, as determined solely by the United States
Department of Housing and Urban Development ("HUD"), are permitted.
RECITALS
A.
Previously, the Assignor/Seller or a former owner of the multifamily housing
project identified on page 1 ("Project") entered into an original Section 8 housing
assistance payments ("HAP") Contract ("Original HAP Contract") with the
contract administrator at that time (HUD, or a public housing agency ("PHA")
acting under an annual contributions contract ("ACC") with HUD). The Original
HAP Contract was authorized under section 8 of the United States Housing Act
of 1937 ("Act"), 42 U.S.C. § 1437f. If still in its original term (i.e., without having
expired and been renewed, as described in the following paragraph), the Original
HAP Contract is being assigned, assumed, and amended.
B.
If the Original HAP Contract previously expired, it was renewed under a contract
("Renewal Contract") or under successive Renewal Contracts, as authorized
under the Multifamily Assisted Housing Reform and Affordability Act of 1997, 42
U.S.C. § 1437f note, and the Renewal Contract currently in effect is being
assigned, assumed, and amended.
C.
A copy of the Original HAP Contract is attached and designated "Exhibit A."
D.
If the Original HAP Contract previously expired and was renewed, a copy of the
Renewal Contract currently in effect is also attached and is designated "Exhibit
B."
E.
The term "HAP Contract" means the Original HAP Contract (if no Renewal
Contract) or the Renewal Contract currently in effect, as applicable. The term
"Contract Administrator'' means the current contract administrator (HUD, or a
PHA, as applicable), as identified on page 1.
F.
If this Assignment is in connection with a sale or lease of the Project, the
Assignor/Seller and the Assignee/Buyer have entered into an agreement for such
sale or lease, which includes the real property on which the Project is located,
and any and all improvements situated thereon.
G.
The Assignor/Seller wishes to assign, and the Assignee/Buyer wishes to
assume, the HAP Contract, including all the rights and obligations thereunder.
H.
The Assignor/Seller and/or the Assignee/Buyer have requested HUD's written
consent to the assignment of the HAP Contract, and both understand that such
consent is subject to the terms and conditions set forth in this Assignment.
I.
The Assignor/Seller, the Assignee/Buyer, and the Contract Administrator
therefore agree as follows:
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I.
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
ASSIGNMENT BY ASSIGNOR/SELLER
A.
The Assignor/Seller hereby irrevocably assigns the HAP Contract, including all
the rights and obligations thereunder, to the Assignee/Buyer.
B.
The Assignor/Seller is hereby released from all future obligations arising under
the HAP Contract, on or after the Effective Date, provided, however, that (i) the
release shall not apply to any breach of the HAP Contract based on events,
circumstances, or conditions occurring before the Effective Date; and (ii) the
Assignor/Seller shall remain obligated to file any annual financial statements that
the HAP Contract or any applicable law or regulation may require for the period
preceding the Effective Date.
C.
Nothing in this Assignment shall be construed to impair, limit, or otherwise affect
any right that the Contract Administrator or HUD has or may have against the
Assignor/Seller for any violation of the HAP Contract that occurred or may have
occurred on or before the Effective Date.
Ill.
ASSUMPTION BY THE ASSIGNEE/BUYER. The Assignee/Buyer hereby assumes the
HAP Contract, including all the rights and obligations thereunder, as amended by this
Assignment.
IV.
AMENDMENT. The Assignee/Buyer (referred to in this Section IV as the "Owner'') and
the Contract Administrator hereby amend the HAP Contract to contain the following new
provisions:
A.
B.
"Compliance with applicable Federal statutes and regulations, as amended from
time to time. The Owner shall comply with all applicable Federal statutes and
regulations, as amended from time to time, including all applicable regulations in
24 C.F.R. part 5, as amended from time to time, including without limitation the
following:
1.
2 C.F.R. part 200 ("Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards");
2.
24 C. F. R. § 5.107 ("Audit Requirements for Non-Profit Organizations");
3.
24 C.F.R. part 5 subpart G ("Physical Condition Standards and Inspection
Requirements");
4.
24 C.F.R. part 5 subpart H ("Uniform Financial Reporting Standards"); and
5.
24 C.F.R. part 200 subpart P ("Physical Condition of Multifamily
Properties")."
"Annual financial reports. Notwithstanding anything to the contrary in the HAP
Contract, including any previous amendment to the HAP Contract, the Owner
shall comply with the following provisions:
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Within ninety (90) days, or such period established in writing by HUD,
following the end of each fiscal year, Owner shall prepare a financial
report for the Owner's fiscal year, or the portion thereof that started with
the Owner's assumption of the HAP Contract, based on an examination of
the books and records of the Owner in accordance with generally
accepted accounting principles and in such other form and substance as
specified by HUD in supplemental guidance, and provide such report to
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II.
74657
74658
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
the Contract Administrator and HUD (if a PHA is the Contract
Administrator) in such form, substance, and manner as may be specified
by HUD under the Uniform Financial Reporting Standards at 24 C.F.R.
§ 5.801 ("UFRS"), or any successor regulations.
VerDate Sep<11>2014
Unless specifically waived or modified by HUD or to the extent otherwise
exempt, Owner shall: (a) engage an independent, licensed Certified Public
Accountant ("CPA") to audit the Owner's annual financial report and to
produce an audit report in accordance with both Generally Accepted
Government Auditing Standards and Generally Accepted Auditing
Standards; (b) engage an independent, licensed CPA to perform an
agreed-upon procedure, in accordance with the American Institute of
Certified Public Accountants Statement on Standards for Attestation
Engagements, to compare the financial data template information
submitted electronically by the Owner to HUD against the annual financial
report examined by, and the audit report prepared by, the independent,
licensed CPA, and report any variances to HUD; and (c) furnish to the
Contract Administrator and HUD (if a PHA is the Contract Administrator)
the audit report, and any other reports relating to the annual financial
report or the audit report as required by HUD, by such means and in such
form, substance, and manner as may be specified by HUD under UFRS,
or any successor regulations.
3.
To the extent certain non-profit Owners' requirement to submit annual
financial reports may be waived or modified by HUD, or such Owners may
otherwise be exempt from compliance, such waiver, modification, or
exemption shall not be construed to relieve Owner of any requirements of
this provision, except for those requirements specifically waived, modified,
or exempt from.
4.
If Owner fails to perform as required pursuant to this provision, the
Contract Administrator or HUD (if a PHA is the Contract Administrator)
may, at its sole election, and in a manner determined by HUD, and without
affecting any other provisions herein, and without first providing notice of
default of the HAP Contract to the Owner, initiate or cause to be initiated a
forensic audit of the Owner's books, records, and accounts in such a
manner as to provide to the Contract Administrator and HUD (if a PHA is
the Contract Administrator) with as much of the same information that
would have been provided had the Owner not failed to perform as
required. Any such audit initiated by the Contract Administrator or HUD
does not relieve Owner of the requirement to submit to the Contract
Administrator and HUD (if a PHA is the Contract Administrator) an annual
audited financial report as required pursuant to this provision."
"Applicability and binding nature on successors and assigns. The duties and
obligations set forth in the HAP Contract, as amended by this Assignment, shall
apply during the remainder of the term of the HAP Contract and during each
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C.
2.
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
74659
successive renewal term and shall further apply to and be binding on each of the
Assignee/Buyer's successors and assigns."
V.
CONSENT BY HUD. Subject to the terms and conditions set forth herein and as
evidenced by the signature of HUD's authorized representative on page 7, HUD hereby
consents to the assignment of the HAP Contract.
RIGHTS OF PARTIES, GOVERNING LAW, AND EXECUTION
A.
Nothing in this Assignment shall be construed to impair, limit, or otherwise affect
any rights that the Assignor/Seller, the Assignee/Buyer, the Contract
Administrator, and/or HUD has or may have under the HAP Contract.
B.
This Assignment shall be governed and construed in accordance with the laws of
the State in which the Project is located and, to the extent that any provision is
inconsistent with such laws, with the laws of the United States of America.
C.
This Assignment may be executed in counterparts, each of which shall be
considered an original for all purposes. Any and all counterparts shall together
constitute one and the same instrument.
D.
Unless signed by an authorized representative of the Contract Administrator and
of HUD, this Assignment shall have no legal effect, and no housing assistance
payments shall be made under the HAP Contract to the Assignee/Buyer.
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VI.
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Signature Page 1 of 2
ASSIGNOR/SELLER
I/We, the undersigned, certify under penalty of perjury that the information provided above is
true and correct. WARNING: Anyone who knowingly submits a false claim or makes a false
statement is subject to criminal and/or civil penalties, including confinement for up to 5 years,
fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C.
§§ 3729, 3802)
(Print or Type)
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Signature of authorized representative
Name and official title of signatory (Print or Type)
ASSIGNEE/BUYER
I/We, the undersigned, certify under penalty of perjury that the information provided above is
true and correct. WARNING: Anyone who knowingly submits a false claim or makes a false
statement is subject to criminal and/or civil penalties, including confinement for up to 5 years,
fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C.
§§ 3729, 3802)
(Print or Type)
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Signature of authorized representative
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17:51 Dec 05, 2022
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Name and official title of signatory (Print or Type)
Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / Notices
74661
Signature Page 2 of 2
CONTRACT ADMINISTRATOR (HUD, or a PHA acting under an ACC with HUD)
(Print or Type)
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Signature of authorized representative
Name and official title of signatory (Print or Type)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Signature of authorized representative
Name and official title of signatory (Print or Type)
EXHIBIT A
(ORIGINAL HAP CONTRACT)
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1345]
Certain Automated Retractable Vehicle
Steps and Components Thereof;
Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
October 28, 2022, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Lund Motion Products, Inc. of
Brea, California. Supplements to the
complaint were filed on November 14,
2022. The complaint, as supplemented,
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain automated
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SUMMARY:
VerDate Sep<11>2014
17:51 Dec 05, 2022
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retractable vehicle steps and
components thereof by reason of the
infringement of certain claims of U.S.
Patent No. 9,272,667 (‘‘the ’667 patent);
U.S. Patent No. 9,527,449 (‘‘the ’449
Patent’’); U.S. Patent No. 9,511,717 (‘‘the
’717 Patent’’); and U.S. Patent No.
11,198,395 (‘‘the ’395 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute. The complainant requests that
the Commission institute an
investigation and, after the
investigation, issue a general exclusion
order, or in the alternative a limited
exclusion order, and cease and desist
orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
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need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, telephone
(202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
November 30, 2022, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
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[FR Doc. 2022–26452 Filed 12–5–22; 8:45 am]
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EXHIBIT B
(RENEWAL CONTRACT CURRENTLY IN EFFECT)
]]>Agencies
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74651-74661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26452]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7056-N-42; OMB Control No. 2502-0587]
60-Day Notice of Proposed Information Collection: Section 8
Renewal Policy Guidebook
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, 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: February 6, 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] for a copy of the proposed forms or other
available information. 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
[[Page 74652]]
https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, REE, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; email Colette Pollard at
[email protected] or telephone 202-402-3400. This is not a toll-
free number. 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. Pollard.
A. Overview of Information Collection
Title of information collection: Section 8 Renewal Policy
Guidebook.
OMB approval number: 2502-0587.
OMB expiration date: November 30, 2020.
Type of request: Reinstatement, with change, of previously approved
collection for which approval has expired.
Form numbers:
1. Housing Assistance Payments Contract: HUD-52522a; HUD-52522b
2. Assignment, Assumption, and Amendment of Section 8 Housing
Assistance Payments (HAP) Contract: HUD-5988 (new)
3. Use Agreement: HUD-90055
4. Rent Comparability Grid: HUD-92273-S8
5. Project-Based Section 8 Housing Assistance Payments: Addendum to
Renewal Contract Under Option One or Option Two for Capital Repairs
and/or Acquisition Costs: HUD-93181
6. Project-Based Section 8 Housing Assistance Payments: Addendum to
Renewal Contract Under Option One or Option Two for Capital Repairs
and/or Acquisition--Post-Rehabilitation Rents at Closing: HUD-93182
7. Rider to Original Section 8 Housing Assistance Payments Contract:
HUD-93184
8. Amendment to Project-Based Section 8 Housing Assistance Payments
Contract Pursuant to Section 8(bb)(1) of the United States Housing Act
of 1937: HUD-93185a; HUD-93185b
9. Contract Renewal Request Form: HUD-9624
10. OCAF Rent Adjustment Worksheet: HUD-9625
11. Letters to Owners/Agents: HUD-9626
12. Letters to Owners/Agents: HUD-9627
13. Request to Renew Using Non-Section 8 Units in the Section 8 Project
as a Market Rent Ceiling: HUD-9629
14. Request to Renew Using Fair Market Rents (FMRs) as Market Ceiling:
HUD-9630
15. Sample Use Agreement: HUD-9634
16. Projects Preparing a Budget-Based Rent Increase: HUD-9635
17. Project-Based Section 8 Housing Assistance Payments Basic Renew
Contract--One-Year Term: HUD-9636
18. Project-Based Section 8 Housing Assistance Payments Basic Renew
Contract--Multi-Year Term: HUD-9637
19. Project-Based Section 8 Housing Assistance Payments Renewal
Contract for Mark-Up-To-Market Project: HUD-9638
20. Project-Based Section 8 Housing Assistance Payments Preservation
Renewal Contract: HUD-9639
21. Project-Based Section 8 Housing Assistance Payments Interim (Full)
Mark-To-Market Renewal Contract: HUD-9640
22. Project-Based Section 8 Housing Assistance Payments Interim (Lite)
Mark-To-Market Renewal Contract: HUD-9641
23. Project-Based Section 8 Housing Assistance Payments Full Mark-To-
Market Renewal Contract: HUD-9642
24. Project-Based Section 8 Housing Assistance Payments Watch List
Renewal Contract: HUD-9643
25. Project-Based Assistance Housing Assistance Payments Contract For
Previous Mod Rehab Projects: HUD-9644
26. Housing Assistance Payments Program Housing Finance & Development
Agencies Extension Amendment to Old Regulation State Agency Housing
Assistance Payments Contract: HUD-9647
27. Project-Based Section 8 Contract Administration Consent to
Assignment of HAP Contract as Security for Freddie Mac Financing: HUD-
9648a
28. Project-Based Section 8 Contract Administration Consent to
Assignment of HAP Contract to FNMA as Security for FNMA Credit
Enhancement: HUD-9648d
29. Project-Based Section 8 Contract Administration Consent to
Assignment of HAP Contract as Security for Financing: HUD-9649
30. Consent to Assignment of Senior Preservation Rental Assistance
Contracts (SPRAC) as Security for Financing: HUD-9649a
31. Project-Based Section 8 Contract Administration Consent to
Assignment of HAP Contract as Security for FNMA Financing: HUD-9651
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total
Number of Total Burden Total Hourly cost Total Hourly cost annual cost
Information collection respondents annual hours per annual to public annual cost to to
responses response burden hrs. to public government government
--------------------------------------------------------------------------------------------------------------------------------------------------------
Housing Assistance Payments Contract (HUD-52522a 20 20 0.50 10 $39.72 $397.20 $51.18 $511.80
and b).........................................
Assignment, Assumption, and Amendment of Section 3,555 3,555 0.50 1,778 39.72 70,602.30 51.18 90,972.45
8 Housing Assistance Payments (HAP) Contract
(HUD-5988).....................................
Section 8 Use Agreement (HUD-90055)............. 75 75 0.50 38 39.72 1,489.50 51.18 1,919.25
Rent Comparability Grid (HUD-92273-S8).......... 950 950 1.00 950 39.72 37,734.00 51.18 48,621.00
Project-Based Section 8 Housing Assistance 50 50 0.50 25 39.72 993.00 51.18 1,279.50
Payments: Addendum to Renewal Contract Under
Option One or Option Two for Capital Repairs
and/or Acquisition Costs (HUD-93181)...........
Project-Based Section 8 Housing Assistance 150 150 0.50 75 39.72 2,979.00 51.18 3,838.50
Payments: Addendum to Renewal Contract Under
Option One or Option Two for Capital Repairs
and/or Acquisition--Post-Rehabilitation Rents
at Closing (HUD-93182).........................
Rider to Original Section 8 Housing Assistance 20 20 0.50 10 39.72 397.20 51.18 511.80
Payments Contract (HUD-93184)..................
[[Page 74653]]
Amendment to Project-Based Section 8 Housing 25 25 0.50 13 39.72 496.50 51.18 639.75
Assistance Payments Contract [Contract A1]
Pursuant to Section 8(bb)(1) of the United
States Housing Act of 1937 (HUD-93185a)........
Amendment to Project-Based Section 8 Housing 25 25 0.50 13 39.72 496.50 51.18 639.75
Assistance Payments Contract [Contract B]
Pursuant to Section 8(bb)(1) of the United
States Housing Act of 1937 (HUD-93185b)........
Contract Renewal Request Form (HUD-9624)........ 2,000 2,000 1.00 2,000 39.72 79,440.00 51.18 102,360.00
OCAF Rent Adjustment Worksheet (HUD-9625)....... 7,957 7,957 1.00 7,957 39.72 316,052.04 51.18 407,239.26
Letters to Owners/Agents: Option 1 and 3 (HUD- 419 419 0.25 105 39.72 4,160.67 51.18 5,361.11
9626)..........................................
Letters to Owners/Agents: Option 2 and 4 (HUD- 1,801 1,801 0.25 450 39.72 17,883.93 51.18 23,043.80
9627)..........................................
Request to Renew Using Non-Section 8 Units in 10 10 0.50 5 39.72 198.60 51.18 255.90
the Section 8 Project as a Market Rent Ceiling
(HUD-9629).....................................
Request to Renew Using FMRs as Market Ceiling 88 88 0.50 44 39.72 1,747.68 51.18 2,251.92
(HUD-9630).....................................
Sample Use Agreement (HUD-9634)................. 55 55 0.50 28 39.72 1,092.30 51.18 1,407.45
Projects Preparing a Budget-Based Rent Increase 1,697 1,697 1.00 1,697 39.72 67,404.84 51.18 86,852.46
(HUD-9635).....................................
Housing Assistance Payments Basic Renewal 500 500 0.50 250 39.72 9,930.00 51.18 12,795.00
Contract--One-Year Term (HUD-9636).............
Housing Assistance Payments Basic Renewal 800 800 0.50 400 39.72 15,888.00 51.18 20,472.00
Contract--Multi-Year Term (HUD-9637)...........
Housing Assistance Payments Renewal Contract for 169 169 0.50 85 39.72 3,356.34 51.18 4,324.71
Mark-Up-To-Market Project (HUD-9638)...........
Housing Assistance Payments Preservation Renewal 213 213 0.50 107 39.72 4,230.18 51.18 5,450.67
Contract (HUD-9639)............................
Housing Assistance Payments Interim (Full) Mark- 53 53 0.50 27 39.72 1,052.58 51.18 1,356.27
To-Market Renewal Contract (HUD-9640)..........
Housing Assistance Payments Interim (Lite) Mark- 68 68 0.50 34 39.72 1,350.48 51.18 1,740.12
To-Market Renewal Contract (HUD-9641)..........
Housing Assistance Payments Full Mark-To-Market 63 63 0.50 32 39.72 1,251.18 51.18 1,612.17
Renewal Contract (HUD-9642)....................
Housing Assistance Payments Watch List Renewal 117 117 0.50 59 39.72 2,323.62 51.18 2,994.03
Contract (HUD-9643)............................
Project-Based Assistance Housing Assistance 25 25 0.50 13 39.72 496.50 51.18 639.75
Payments Contract For Previous Mod Rehab
Projects (HUD-9644)............................
Housing Assistance Payments Program Housing 10 10 0.50 5 39.72 198.60 51.18 255.90
Finance & Development Agencies Extension
Amendment to Old Regulation State Agency
Housing Assistance Payments Contract (HUD-9647)
Consent to Assignment of HAP Contract as 50 50 0.50 25 39.72 993.00 51.18 1,279.50
Security for Freddie Mac Financing (HUD-9648a).
Consent to Assignment of HAP Contract to FNMA as 50 50 0.50 25 39.72 993.00 51.18 1,279.50
Security for FNMA Credit Enhancement (HUD-
9648d).........................................
Consent to Assignment of HAP Contract as 600 600 0.50 300 39.72 11,916.00 51.18 15,354.00
Security for Financing (HUD-9649)..............
Consent to Assignment of Senior Preservation 50 50 1.00 50 39.72 1,986.00 51.18 2,559.00
Rental Assistance Contract (SPRAC) as Security
for Financing (HUD-9649a)......................
Consent to Assignment of HAP Contract as 100 100 0.50 50 39.72 1,986.00 51.18 2,559.00
Security for FNMA Financing (HUD-9651).........
-------------------------------------------------------------------------------------------------------
Total....................................... 21,765 21,765 ........... 16,655 ........... 661,516.74 ........... 852,377.31
--------------------------------------------------------------------------------------------------------------------------------------------------------
Description of the need for the information and proposed use: The
Section 8 Renewal Policy Guidebook explains the various options
available under the Multifamily Housing Reform and Affordability Act of
1997 (MAHRA) for the renewal of expiring project-based section 8
contracts and the adjustment of contract rents and establishes related
administrative policies. Forms included in the information collection
are used in the renewal and contract rent adjustment processes. For
example, listed forms are used to establish market rents; amend rents;
request renewal of a Section 8 contract under the Multifamily Housing
Reform and Affordability Act of 1997; and ensure the acceptable
operation of properties assisted under a Section 8 HAP contract.
This information collection includes a new form titled
``Assignment, Assumption, and Amendment of Assignment, Assumption, and
Amendment of Section 8 Housing Assistance Payments (HAP) Contract''
(form HUD-5988) that is included as Attachment A to this Notice. In
addition to soliciting public comments as described in this Section,
HUD seeks
[[Page 74654]]
input on use of the new form that will be required for the full
assignment of a HAP contract. A draft of the new form is attached to
this Notice for review. See below as follows.
Respondents: Businesses or other for-profit and not-for-profit
entities.
Estimated Number of Respondents: 21,765.
Estimated Number of Responses: 21,765.
Frequency of Response: Various.
Average Hours per Response: 0.56 hours.
Total Estimated Burden Hours: 16,655 hours.
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.
HUD encourages interested parties to submit comment.
C. Authority
Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C.
3507.
Jeffrey D. Little,
General Deputy Assistant Secretary, Office of Housing.
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[FR Doc. 2022-26452 Filed 12-5-22; 8:45 am]
BILLING CODE 4210-67-C
