60-Day Notice of Proposed Information Collection: Project Based Vouchers (PBV) Online Form, OMB Control No.: 2577-0296, 28594-28598 [2023-09465]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28594-28598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09465]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7076-N-11]


60-Day Notice of Proposed Information Collection: Project Based 
Vouchers (PBV) Online Form, OMB Control No.: 2577-0296

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

ACTION: Notice.

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

DATES: Comments Due Date: July 3, 2023.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal.
    Written comments and recommendations for the proposed information 
collection can be sent within 60 days of publication of this notice to 
[email protected] or www.reginfo.gov/public/do/PRAMain. Find 
this particular information collection by selecting ``Currently under 
60-day Review--Open for Public Comments'' or by using the search 
function.
    Interested persons are also invited to submit comments regarding 
this proposal by name and/or OMB Control Number and can be sent to: 
Colette Pollard, Reports Management Officer, REE, Department of Housing 
and Urban Development, 451 7th Street SW, Room 8210, Washington, DC 
20410-5000; or email at [email protected].

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], 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 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.

A. Overview of Information Collection

    Title of Information Collection: Project Based Vouchers (PBV) 
Online Form.
    OMB Approval Number: OMB: 2577-0296.
    Type of Request: Revision of a currently approved collection.
    Form Number: HUD is developing a standardized electronic system 
that will collect this information. Within the scope of this 
collection, HUD requests the information in this notice from Public 
Housing Authorities (PHA) participating in the PBV program.
    Description of the need for the information and proposed use: PHAs 
apply for funding to assist low-income families to lease housing. One 
of the programs through which PHAs provide housing assistance is the 
Housing Choice Voucher (HCV) Program, a tenant-based rental assistance 
program. This program operates by providing vouchers that cover a 
portion of the contract rent for a unit. Some PHAs project-base their 
vouchers (the rental assistance is connected to a unit, not a family). 
Project-based vouchers (PBVs) are becoming a larger percentage of PHAs 
overall HCV portfolios, rising from just over 110,000 in 2016 to 
approximately 307,000 at the end of 2022. The PBV portfolio is expected 
to grow even more with the on-going conversion of up to 455,000 public 
housing units to project-based assistance under the Congressionally 
authorized Rental Assistance Demonstration (RAD). HUD currently 
collects information on individual participants in the HCV program who 
are in PBV units and Project Based Certificate (PBC) housing through 
the PIC system. In addition, HUD collects aggregate information on the 
total number of PBVs under contract at the PHA level. HUD currently 
does not systematically collect information on the project or 
development level for PBVs.
    This leaves a gap in HUD's information collection of PBVs between 
the individual tenant data and the aggregated PHA data. HUD does not 
systematically collect information on the development or project level, 
including the number of units at PBV projects, what exceptions apply, 
their rents, the terms of contract, and numerous other potential data 
points. This creates a challenge for monitoring, tracking and analyzing 
PBV projects, and limits HUD's ability to respond to requests for 
information on the PBV program from Congress and other sources. 
Additionally, it prevents HUD from having data with which to make 
informed decisions on risk-mitigation strategies with respect to PBVs.
    Potential risks are particularly heightened in the case of RAD PBV 
where a PHA-owned property is required to have an independent entity 
that performs inspections and determines rent adjustments. Currently, 
HUD has limited information about RAD PBV properties after conversion 
and is unable to adequately monitor their long-term viability. Through 
this collection, HUD is requiring the submission of project-level data 
on all

[[Page 28595]]

PBVs, including but not limited to RAD PBV, Mixed Finance PBVs, all 
PBVs at Moving to Work (MTW) Agencies, and all PBVs at non-MTW 
Agencies.
    Field Changes:
    This data collection will be renewing the following fields of 
collection for PBV:

 HAP Contract Number
 Name of Project
 Primary Street Address
 Structure Type
 Effective Date of HAP Contract
 Expiration Date of HAP Contract
 Type of Project Based Section 8 Contract
 Is this a RAD HAP contract?
 Vacancy Payments Permitted?
 Ownership Structure
 If PHA-Owned: Name of Independent Entity or Entities
 Number of Total Units in the Project (PBV and non-PBV Units)
 Number of Units Under HAP Contract by Bedroom Size
 Number and Bedroom Distribution of PBV-Assisted Section 504 
Units at the Project
 Does an Exception to the Income-Mixing Requirement Apply?
 If Yes, which exception is applicable?
 Program Cap Exception?
 If yes, enter the number of units for each excepted category.

    In addition to the data fields previously reviewed and approved by 
OMB, this PRA renewal includes new fields specific for RAD PBV projects 
that will need to be completed for each project with a RAD PBV HAP 
Contract annually.

    The new fields of collection for RAD PBV projects include:

 Annual Replacement Reserve Deposit Amount
 Annual Replacement Reserve Withdrawal Amount
 Ending Balance for the Replacement Reserve Account
 Replacement Reserve Deposits Suspended/Waived Indicator?
 Date Replacement Reserve Deposits Suspended/Waived?

    Within the PRA renewal the following fields will be discontinued 
and deleted from the form:

 Number of Units Under AHAP
 Effective Date(s) of AHAP
 Owner Name
 Owner Tax ID
 Management Entity
 Other Related Programs: Tax Credit, RAD, HUD-insured, VASH, or 
Other
 Population Served: General, Homeless, Veterans, Families 
Eligible for Supportive Services, Families Receiving Supportive 
Services, Elderly Family, Disabled Family
 Supportive Services Available (Y/N)?
 Unique Project Building Code
 Number of RAD PBVs
 Use Restriction End Date
 Year Built

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

Definitions

HAP Contract Number
    This is a unique number generated by the system when a new HAP 
Contract is entered into the HIP.
Name of Project
    The name of the project as determined by the PHA as used in public 
or property records (where such records contain a name of the property 
as a whole) or the commonly used name of the project (such as the name 
on a sign at the property entrance). If no such name exists, a name for 
the project designated by the PHA for use in the system. ``Project'' is 
defined consistent with 24 CFR 983.3(b) as ``a single building, 
multiple contiguous buildings, or multiple buildings on contiguous 
parcels of land.''
Primary Street Address
    The street address (including text fields for city, state, and zip 
code) of the building or buildings covered by the HAP contract and all 
units covered under the HAP contract.
Structure Type
    The most closely matching description of the project from among 
this list: Single-Family and Non-Single-Family. Single-family is 
defined in the 24 CFR 983.3(b) as ``a building with no more than four 
dwelling units (assisted or unassisted).''
Effective Date of HAP Contract
    Effective date listed in Sec.  1(d) of Part 1 of the HAP contract. 
A single-stage project will have the same effective date for all 
contract units. For a multi-stage project, include the effective date 
of the first stage of the HAP contract. If the HAP contract has 
multiple stages, enter the effective date of the first stage.
Expiration Date of HAP Contract
    The HAP contract term end date, as determined by adding the length 
of the HAP contract term (initial and any extensions) to the effective 
date listed in Sec.  1(d) of Part 1 of the HAP contract (for a multi-
stage project, use the effective date of the first stage). The length 
of the initial and extension HAP contract terms shall be those listed 
in the HAP contract (for existing projects: Sec.  1(d) of Part 1 of the 
Form HUD-52530-B HUD and associated exhibits; for newly constructed and 
rehabilitated projects: Sec.  1(e) of Part 1 of the Form HUD-52530-A 
and associated exhibits).
Type of Project Based Section 8 Contract
    The following definitions apply consistent with 24 CFR 983.3(b), as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
    a. Existing Housing. Housing units that already exist on the 
proposal selection date and that substantially comply with the Housing 
Quality Standards (HQS) on that date.
    b. Rehabilitated Housing. Housing units that exist on the proposal 
selection date, but do not substantially comply with the Housing 
Quality Standards (HQS) on that date, and are developed, pursuant to an 
agreement between the PHA and owner, for use under the PBV program.
    c. Newly Constructed Housing. Housing units that do not exist on 
the proposal selection date and are developed after the date of 
selection pursuant to an agreement between the PHA and owner for use 
under the PBV program. Upon amendment of 24 CFR 983.3(b), the new 
definitions therein will supersede the definitions listed here.
Is this a RAD HAP contract?
    RAD PBV HAP Contract: A HAP contract for units in a post-conversion 
property in which assistance was converted from a non-PBV form of 
rental assistance to PBV under RAD (``Covered Project''), where the 
contract is for only those units converted to PBV under RAD (``RAD PBV 
units''). This includes a contract for RAD PBV units that are located 
in a Covered Project converted through a transfer of assistance.
    Non-RAD PBV HAP Contract: A HAP contract for PBV units, none of 
which were converted to PBV under RAD (``non-RAD PBV units''). This 
includes a contract for non-RAD PBV units that are located within a 
property that also contains units that were converted under RAD.
Vacancy Payments Permitted?
    Provide an answer (yes/no) to the question of whether the PHA has 
included the vacancy payment provision in this HAP contract (for 
existing projects: Sec.  1(e)(2) of Part 1 of the Form HUD-52530-B HUD; 
for

[[Page 28596]]

newly constructed and rehabilitated projects: Sec.  1(f)(2) of Part 1 
of the Form HUD-52530-A).
Ownership Structure
    The following definitions apply consistent with 24 CFR part 983, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
    a. PHA-owned:

--Owned by the PHA (which includes a PHA having a ``controlling 
interest'' in the entity that owns the unit);
--Owned; or
--Owned by a limited liability company (LLC) or limited partnership in 
which the PHA (or an entity wholly controlled by the PHA) holds a 
controlling interest in the managing member or general partner.

    ``Controlling interest'' means:
    i. Holding more than 50 percent of the stock of any corporation;
    ii. Having the power to appoint more than 50 percent of the members 
of the board of directors of a non-stock corporation (such as a non-
profit corporation);
    iii. Where more than 50 percent of the members of the board of 
directors of any corporation also serve as directors, officers, or 
employees of the PHA;
    iv. Holding more than 50 percent of all managing member interests 
in an LLC;
    v. Holding more than 50 percent of all general partner interests in 
a partnership; or
    vi. Having equivalent levels of control in other ownership 
structures. Most ownership structures are already covered in the 
categories listed above. This last category is meant to cover any 
ownership structure not already listed in the categories above. Also, 
under this category (f), a PHA must have more than 50 percent control 
in that ownership structure (an equivalent level of control) for the 
project to be considered PHA-owned.
    b. PHA ownership interest but not PHA Owned: An ownership interest 
means that the PHA or its officers, employees, or agents are in an 
entity that holds any direct or indirect interest in the project in 
which the units are located, including, but not limited to, an interest 
as:

--Titleholder;
--Lessee;
--Stockholder;
--Member, or general or limited partner; or
--Member of a limited liability corporation.

    c. Not PHA-Owned and No PHA Ownership interest: The PHA does not 
own or has no ownership interest in the property.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed above.
If PHA-Owned: Name of Independent Entity or Entities
    If the project is PHA-Owned, the independent entity or entities 
which perform the following functions consistent with 24 CFR part 983: 
1. Review the PHA's PBV selection process. 2. Establish PBV contract 
rents (initial rent to owner and redetermined rent to owner). 3. 
Determine rent reasonableness. 4. Provide a copy of the rent 
reasonableness determination to the PHA and the HUD field office where 
the project is located. 5. Establish term of initial and any renewal 
HAP contract as required in 24 CFR 983.205. 6. Inspect units. 7. 
Provide a copy of the inspection report to PHA and HUD field office 
where the project is located.
    MTW PHAs with waivers may write in themselves as the independent 
entity.
    Instructions: If user identifies the project as PHA-Owned then the 
user must list the independent entity(s).
Number of Total Units in the Project (PBV and Non-PBV Units)
    Total number of units (PBV and non-PBV units) in the project, 
including those covered by an AHAP or HAP contract and non-contract 
units.
Number of Units Under HAP Contract by Bedroom Size
    Total number of contract units in the project covered by the HAP 
contract, broken out by each bedroom size (0, 1, 2, 3, 4, 5+).
Number and Bedroom Distribution of PBV-Assisted Section 504 Units at 
the Project
    This field captures the number of PBV-assisted units for each 
category listed below, broken out by each bedroom size (0, 1, 2, 3, 4, 
5+), at the project that are accessible for persons with mobility 
impairments in accordance with Section 504 of the Rehabilitation Act of 
1973 and HUD's implementing regulations at 24 CFR part 8.

 Section 504 Mobility Units
 Section 504 Hearing Vision Units
 Section 504 Mobility + Hearing Vision Units
    Such units must meet either the Uniform Federal Accessibility 
Standards (UFAS) or 2010 Americans with Disabilities Act (ADA) 
Standards (in accordance with HUD's Deeming Notice published in the 
Federal Register on May 23, 2014 (79 FR 29671)).
Does an exception to the income mixing requirement apply?
    Provide an answer (yes/no) to the question of whether the project 
qualifies for an exception to the income-mixing requirement under 24 
CFR 983.56, and applicable guidance. Applicable program guidance 
includes, but is not limited to: 82 FR 5458 (Jan. 18, 2017), 82 FR 
32461 (Jul. 14, 2017); 86 FR 53207 (Sept. 27, 2021); 87 FR 3570 (Jan. 
24, 2022).
If Yes, Which Exceptions(s)
    Choose the applicable exception from among those allowed by 24 CFR 
983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 
2017). The definitions of the exception categories are found in the 
following locations:
    a. Units that are exclusively made available to households eligible 
for supportive services: PIH Notice 2017-21, Attachment E.
    b. Units that are specifically made available for families 
receiving supportive services: PIH Notice 2017-21, Attachment E, for 
grandfathered projects as described therein.
    c. Units that are exclusively made available to elderly families: 
PIH Notice 2017-21, Attachment E.
    d. Units that are specifically made available for disabled 
families: PIH Notice 2017-21, Attachment E, for grandfathered projects 
as described therein.
    e. Units located in a census tract with a poverty rate of 20 
percent or less: PIH Notice 2017-21, Attachment E.
    f. Units that were previously subject to certain federal rent 
restrictions or receiving another type of long-term housing subsidy 
provided by HUD: PIH Notice 2017-21, Attachment F, for projects that 
meet the additional requirements as described therein.
    g. Units that are exclusively made available to eligible youth 
receiving FUP/FYI assistance: FR-6284-N-01.
    h. HUD-VASH vouchers: 86 FR 53207 (Sept. 27, 2021). Upon amendment 
of 24 CFR part 983, the new definitions therein will supersede the 
definitions listed here.
    i. MTW Waiver Authority: MTW agencies may increase PBV project caps 
under certain provisions of section 8(o)(13)(D) of the 1937 Act and 24 
CFR 983.56(a)-(b), as superseded by HOTMA Implementation Notices at 82 
FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 
2017-21). The standard agreement may also provide additional PBV 
flexibilities, including the ability to waive provisions in 24 CFR part 
983.

[[Page 28597]]

Program cap exception?
    Provide an answer (yes/no) to the question of whether the project 
qualifies for an exception to the program cap under 24 CFR 983.6, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017).
If yes, under which category do they qualify?
    Enter the number of excepted units from those allowed by 24 CFR 
983.6, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 
2017). The definitions of the exception categories are found in the 
following locations:
    [cir] Units that are specifically made available to house homeless 
individuals and families: PIH Notice 2017-21.
    [cir] Units that are specifically made available to house families 
that are comprised of or include a veteran: PIH Notice 2017-21.
    [cir] Units that provide supportive housing to persons with 
disabilities or to elderly persons: PIH Notice 2017-21.
    [cir] Units located in a census tract with a poverty rate of 20 
percent or less: PIH Notice 2017-21.
    [cir] Units that were previously subject to certain federal rent 
restrictions or receiving another type of long-term housing subsidy 
provided by HUD: PIH Notice 2017-21, for projects that meet the 
additional requirements as described therein.
    [cir] Units that house eligible youth receiving FUP/FYI assistance: 
FR-6284-N-01.
    [cir] HUD-VASH vouchers specifically awarded by HUD for project-
based assistance: PIH Notice 2017-21. Upon amendment of 24 CFR part 
983, the new definitions therein will supersede the definitions listed 
here.
    [cir] MTW Waiver Authority: MTW agencies may increase PBV program 
caps under certain provisions of section 8(o)(13)(B) of the 1937 Act 
and 24 CFR 983.6(a)-(b), as superseded by the Housing Opportunity 
through Modernization Act of 2016 (HOTMA) Implementation Notices at 82 
FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 
2017-21). The standard agreement may also provide additional PBV 
flexibilities, including the ability to waive provisions in 2.
Annual Replacement Reserve Deposit Amount
    Specified in the RCC, this is the required annual amount that is to 
be deposited into the project's replacement reserve account.
Annual Replacement Reserve Withdrawal Amount
    The total amount of funds withdrawn from the project's replacement 
reserve account within a given year (12-month period) to fund capital 
repairs.
Ending Balance for the Replacement Reserve Account
    The ending balance of the replacement reserve account after all 
transactions (withdrawals and deposits) in a given 12-month period are 
accounted for.
Replacement reserve deposits suspended/waived indicator?
    Provide an answer (yes/no) to the question of whether a request to 
suspend/waive deposits to the replacement reserve was submitted by the 
Owner and approved by HUD for a given project.
Date replacement reserve deposits suspended/waived?
    If the response to ``Replacement Reserve Deposits Suspended/Waived 
Indicator'' is ``yes'', provide the date HUD approved the request for 
replacement reserve deposits to be suspended/waived.
Burden Estimate
    Respondents: Public housing authorities (PHAs) that have project-
based vouchers (PBVs) as a part of their portfolio.
    Estimated Number of Respondents: 819.
    Estimated Number of Responses: 4,914.
    Frequency of Response: 6.
    Average Hours per Response: 1.5.
    Total Estimated Burdens: 7,371.

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                                      Number of       Frequency of    Responses per   Burden hour per   Annual burden   Hourly cost per
      Information collection         respondents        response          annum           response          hours           response       Annual cost
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PBV Property Information.........             819                6            4,914              1.5            7,371           $44.71         $329,557
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    Our burden estimate for the number of respondents is based on a 
recent VMS total of the number of PHAs reporting PBVs in VMS and 
accounting for the subset of PBVs that are RAD. Specific to projects 
with a RAD PBV HAP Contract, the RAD Notice requires Project Owners to 
establish and maintain a replacement reserve in an interest-bearing 
account. At this time, there are approximately 1,200 projects with a 
RAD PBV HAP contract for which this requirement is applicable. To track 
the replacement reserve requirement, HUD is requesting PHA response to 
3-5 questions for each project with a RAD PBV HAP Contract.
    It is assumed PHAs will have to do a one-time submission for all 
the projects and potentially make updates when changes occur to the PBV 
projects (frequency of responses). It is anticipated that this cost 
will decline in subsequent years as PHAs will only need to make the 
following updates:
     Changes to HAP contract information already entered into 
the system for PBV projects; and
     Responses to 3-5 questions (as applicable) regarding the 
replacement reserve account for each RAD project where the PHA serves 
as a contract administrator.
    The ``responses per annum'' represents an estimate of the amount of 
PBV projects that will need to be entered into the system. This number 
is multiplied by the frequency of responses to arrive at an annual 
estimate of burden hours. This is then multiplied by median average 
wage of a ``Management Analyst'' according to the Bureau of Labor 
Statistics for 2021 to arrive at a total annual cost.

B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond; including through the use of appropriate 
automated collection techniques or other forms of

[[Page 28598]]

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.

Steven Durham,
Acting Chief, Office of Policy, Programs and Legislative Initiatives.
[FR Doc. 2023-09465 Filed 5-3-23; 8:45 am]
BILLING CODE 4210-67-P