60-Day Notice of Proposed Information Collection Requirement: Comment Request Implementation of the Housing for Older Persons Act of 1995 (HOPA), OMB Control No: 2529-0046, 21265-21266 [2024-06507]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Notices
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;
(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; and
(5) Ways to minimize the burden of
the collection of information on those
who are respond, including the use of
automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Colette Pollard,
Department Reports Management Officer,
Office of Policy Development and Research,
Chief Data Officer.
[FR Doc. 2024–06504 Filed 3–26–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7083–N–01]
60-Day Notice of Proposed Information
Collection Requirement: Comment
Request Implementation of the
Housing for Older Persons Act of 1995
(HOPA), OMB Control No: 2529–0046
Office of the Assistant
Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
The proposed extension,
without change, of a currently approved
information collection requirement
established under the Housing for Older
Persons Act of 1995 (HOPA) will be
submitted to the Office of Management
and Budget (OMB) for review, as
required by the Paperwork Reduction
SUMMARY:
VerDate Sep<11>2014
17:03 Mar 26, 2024
Jkt 262001
Act of 1995. HUD is soliciting public
comments on the proposal.
DATES: Comments Due Date: May 28,
2024.
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 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 should 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; telephone
(202) 402–3577 (this is not a toll-free
number) or email:
PaperworkReductionActOffice@
hud.gov.
FOR FURTHER INFORMATION CONTACT: Erik
Heins, Director, Enforcement Support
Division, FHEO Office of Enforcement,
U.S. Department of Housing and Urban
Development, 451 7th Street SW,
Washington, DC 20410–2000; telephone
(202) 402–5887 (this is not a toll-free
number); or email at Erik.A.Heins@
hud.gov. 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.
SUPPLEMENTARY INFORMATION: HUD is
submitting this proposed extension,
without change, of a currently approved
information collection requirement to
the OMB for review, as required under
the Paperwork Reduction Act of 1995
[44 U.S.C. chapter 35, as amended].
A. Overview of Information Collection
Title of Information Collection:
Implementation of the Housing for
Older Persons Act of 1995 (HOPA).
OMB Control Number: 2529–0046.
Type of Request: Proposed extension,
without change, of a currently approved
information collection requirement.
Description of the need for the
information and proposed use: The Fair
Housing Act [42 U.S.C. 3601 et seq.],
prohibits discrimination in the sale,
rental, occupancy, advertising, insuring,
or financing of residential dwellings
based on familial status (individuals
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
21265
living in households with one or more
children under 18 years of age).
However, under § 3607(b)(2) of the Act,
Congress exempted three (3) categories
of ‘‘housing for older persons’’ from
liability for familial status
discrimination: (1) housing provided
under any State or Federal program
which the Secretary of HUD determines
is ‘‘specifically designed and operated
to assist elderly persons (as defined in
the State or Federal program)’’; (2)
housing ’’intended for, and solely
occupied by persons 62 years of age or
older’’; and (3) housing ‘‘intended and
operated for occupancy by at least one
person 55 years of age or older per unit
[‘55 or older’ housing].’’ In December
1995, Congress passed the Housing for
Older Persons Act of 1995 (HOPA) [Pub.
L. 104–76, 109 STAT. 787] as an
amendment to the Fair Housing Act.
The HOPA modified the ‘‘55 or older’’
housing exemption provided under
§ 3607(b)(2)(C) of the Fair Housing Act
by eliminating the requirement that a
housing provider must offer ‘‘significant
facilities and services specifically
designed to meet the physical or social
needs of older persons.’’ In order to
qualify for the HOPA exemption, a
housing community or facility must
meet each of the following criteria: (1)
at least 80 percent of the occupied units
in the community or facility must be
occupied by at least one person who is
55 years of age of older; (2) the housing
provider must publish and adhere to
policies and procedures that
demonstrate the intent to operate
housing for persons 55 years of age or
older; and (3) the housing provider must
demonstrate compliance with ‘‘rules
issued by the Secretary for verification
of occupancy, which shall . . . provide
for [age] verification by reliable surveys
and affidavits.’’
The HOPA did not significantly
increase the record-keeping burden for
the ‘‘55 or older’’ housing exemption. It
describes in greater detail the
documentary evidence which HUD will
consider when determining, during a
familial status discrimination complaint
investigation, whether or not a housing
facility or community qualified for the
‘‘55 or older’’ housing exemption as of
the date on which the alleged Fair
Housing Act violation occurred.
The HOPA information collection
requirements are necessary to establish
a housing provider’s eligibility to claim
the ‘‘55 or older’’ housing exemption as
an affirmative defense to a familial
status discrimination complaint filed
with HUD under the Fair Housing Act.
The information will be collected in the
normal course of business in connection
with the sale, rental, or occupancy of
E:\FR\FM\27MRN1.SGM
27MRN1
21266
Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Notices
dwelling units situated in qualified
senior housing facilities or
communities. The HOPA’s requirement
that a housing provider must
demonstrate the intent to operate a ‘‘55
or older’’ housing community or facility
by publishing, and consistently
enforcing, age verification rules, policies
and procedures for current and
prospective occupants reflects the usual
and customary practice of the senior
housing industry. Under the HOPA, a
‘‘55 or older’’ housing provider should
conduct an initial occupancy survey of
the housing community or facility to
verify compliance with the HOPA’s ‘‘80
percent occupancy’’ requirement and
should maintain such compliance by
periodically reviewing and updating
existing age verification records for each
occupied dwelling unit at least once
every two years. The creation and
maintenance of such occupancy/age
verification records should occur in the
normal course of individual sale or
rental housing transactions and should
require minimal preparation time.
Further, a senior housing provider’s
operating rules, policies and procedures
are not privileged or confidential in
nature, because such information must
be disclosed to current and prospective
residents, and to residential real estate
professionals.
The HOPA exemption also requires
that a summary of the occupancy survey
results must be made available for
public inspection. This summary need
not contain confidential information
about individual residents; it may
simply indicate the total number of
dwelling units that are actually
occupied by persons 55 years of age or
older. While the supporting age
verification records may contain
confidential information about
individual occupants, such information
would be protected from disclosure
unless the housing provider claims the
‘‘55 or older’’ housing exemption as an
affirmative defense to a jurisdictional
familial status discrimination complaint
filed with HUD under the Fair Housing
Act. HUD’s Office of Fair Housing and
Equal Opportunity will only require a
housing provider to disclose such
confidential information to HUD if and
when HUD investigates a jurisdictional
familial status discrimination complaint
filed against the housing provider under
the Fair Housing Act, and if and when
the housing provider claims the ‘‘55 or
older’’ housing exemption as an
affirmative defense to the complaint.
Agency form number(s), if applicable:
None.
Members of affected public: The
HOPA requires that small businesses
and other small entities that operate
housing intended for occupancy by
persons 55 years of age or older must
routinely collect and update reliable age
verification information necessary to
meet the eligibility criteria for the
HOPA exemption. The record keeping
requirements are the responsibility of
the housing provider that seeks to
qualify for the HOPA exemption.
Estimation of the total numbers of
hours needed to prepare the information
collection, including the number of
respondents, frequency of response, and
Number of
respondents
Type of collection activity
One: Collect reliable age verification records for at least one occupant per dwelling unit to meet the HOPA’s minimum ‘‘80% occupancy’’ requirement .........................................................................
Two: Publication of & adherence to policies & procedures that demonstrate intent to operate ‘‘55 or older’’ housing ............................
Three: Periodic updates of age verification records ...........................
Total Burden Hours & Costs ........................................................
khammond on DSKJM1Z7X2PROD with NOTICES
B. Solicitation of Public Comments
This Notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
information collection in order to: (1)
Evaluate whether the proposed
information collection is necessary for
the proper performance of HUD’s
program functions; (2) Evaluate the
accuracy of HUD’s assessment of the
VerDate Sep<11>2014
17:03 Mar 26, 2024
Jkt 262001
Frequency of
response
Responses
per annum
Burden hour
per response
Annual
burden
hours
Hourly
cost per
response
Annual
cost
1,000
1
1,000
1
1,000
$20.02
$20.02
1,000
1,000
1
1
1,000
1,000
2
2.50
2,000
2,500
20.02
20.02
40,040
50,050
......................
......................
3,000
........................
5,500
................
110,110
paperwork burden that may result from
the proposed information collection; (3)
Enhance the quality, utility, and clarity
of the information which must be
collected; and (4) Minimize the burden
of the information collection on
responders, including the use of
appropriate automated collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses).
PO 00000
hours of response: Housing providers
claiming eligibility for the HOPA’s ‘‘55
or older’’ housing exemption must
demonstrate ongoing compliance with
the HOPA exemption requirements. The
HOPA does not authorize HUD to
require submission of this information
by individual housing providers as a
means of certifying that their housing
communities or facilities qualify for the
exemption. Further, since the HOPA has
no mandatory registration requirement,
HUD cannot ascertain the actual number
of housing facilities and communities
that are currently collecting this
information with the intention of
qualifying for the HOPA exemption.
Accordingly, HUD has estimated that
approximately 1,000 housing facilities
or communities would seek to qualify
for the HOPA exemption. HUD has
estimated that the occupancy/age
verification data would require routine
updating with each new housing
transaction within the facility or
community, and that the number of
such transactions per year might vary
significantly depending on the size and
nature of the facility or community.
HUD also estimated the average number
of housing transactions per year at ten
(10) transactions per community. HUD
concluded that the publication of
policies and procedures is likely to be
a one-time event, and in most cases will
require no additional burden beyond
what is done in the normal course of
business. The estimated total annual
burden hours are 5,500 hours [See Table
below].
Frm 00034
Fmt 4703
Sfmt 4703
Authority: Section 3506 of the
Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 35, as amended.
Erik A. Heins,
Director, Enforcement Support Division,
FHEO Office of Enforcement.
[FR Doc. 2024–06507 Filed 3–26–24; 8:45 am]
BILLING CODE 4210–67–P
E:\FR\FM\27MRN1.SGM
27MRN1
]]>Agencies
[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Notices]
[Pages 21265-21266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06507]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7083-N-01]
60-Day Notice of Proposed Information Collection Requirement:
Comment Request Implementation of the Housing for Older Persons Act of
1995 (HOPA), OMB Control No: 2529-0046
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The proposed extension, without change, of a currently
approved information collection requirement established under the
Housing for Older Persons Act of 1995 (HOPA) will be submitted to the
Office of Management and Budget (OMB) for review, as required by the
Paperwork Reduction Act of 1995. HUD is soliciting public comments on
the proposal.
DATES: Comments Due Date: May 28, 2024.
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 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 should 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;
telephone (202) 402-3577 (this is not a toll-free number) or email:
[email protected].
FOR FURTHER INFORMATION CONTACT: Erik Heins, Director, Enforcement
Support Division, FHEO Office of Enforcement, U.S. Department of
Housing and Urban Development, 451 7th Street SW, Washington, DC 20410-
2000; telephone (202) 402-5887 (this is not a toll-free number); or
email at [email protected]. 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.
SUPPLEMENTARY INFORMATION: HUD is submitting this proposed extension,
without change, of a currently approved information collection
requirement to the OMB for review, as required under the Paperwork
Reduction Act of 1995 [44 U.S.C. chapter 35, as amended].
A. Overview of Information Collection
Title of Information Collection: Implementation of the Housing for
Older Persons Act of 1995 (HOPA).
OMB Control Number: 2529-0046.
Type of Request: Proposed extension, without change, of a currently
approved information collection requirement.
Description of the need for the information and proposed use: The
Fair Housing Act [42 U.S.C. 3601 et seq.], prohibits discrimination in
the sale, rental, occupancy, advertising, insuring, or financing of
residential dwellings based on familial status (individuals living in
households with one or more children under 18 years of age). However,
under Sec. 3607(b)(2) of the Act, Congress exempted three (3)
categories of ``housing for older persons'' from liability for familial
status discrimination: (1) housing provided under any State or Federal
program which the Secretary of HUD determines is ``specifically
designed and operated to assist elderly persons (as defined in the
State or Federal program)''; (2) housing ''intended for, and solely
occupied by persons 62 years of age or older''; and (3) housing
``intended and operated for occupancy by at least one person 55 years
of age or older per unit [`55 or older' housing].'' In December 1995,
Congress passed the Housing for Older Persons Act of 1995 (HOPA) [Pub.
L. 104-76, 109 STAT. 787] as an amendment to the Fair Housing Act. The
HOPA modified the ``55 or older'' housing exemption provided under
Sec. 3607(b)(2)(C) of the Fair Housing Act by eliminating the
requirement that a housing provider must offer ``significant facilities
and services specifically designed to meet the physical or social needs
of older persons.'' In order to qualify for the HOPA exemption, a
housing community or facility must meet each of the following criteria:
(1) at least 80 percent of the occupied units in the community or
facility must be occupied by at least one person who is 55 years of age
of older; (2) the housing provider must publish and adhere to policies
and procedures that demonstrate the intent to operate housing for
persons 55 years of age or older; and (3) the housing provider must
demonstrate compliance with ``rules issued by the Secretary for
verification of occupancy, which shall . . . provide for [age]
verification by reliable surveys and affidavits.''
The HOPA did not significantly increase the record-keeping burden
for the ``55 or older'' housing exemption. It describes in greater
detail the documentary evidence which HUD will consider when
determining, during a familial status discrimination complaint
investigation, whether or not a housing facility or community qualified
for the ``55 or older'' housing exemption as of the date on which the
alleged Fair Housing Act violation occurred.
The HOPA information collection requirements are necessary to
establish a housing provider's eligibility to claim the ``55 or older''
housing exemption as an affirmative defense to a familial status
discrimination complaint filed with HUD under the Fair Housing Act. The
information will be collected in the normal course of business in
connection with the sale, rental, or occupancy of
[[Page 21266]]
dwelling units situated in qualified senior housing facilities or
communities. The HOPA's requirement that a housing provider must
demonstrate the intent to operate a ``55 or older'' housing community
or facility by publishing, and consistently enforcing, age verification
rules, policies and procedures for current and prospective occupants
reflects the usual and customary practice of the senior housing
industry. Under the HOPA, a ``55 or older'' housing provider should
conduct an initial occupancy survey of the housing community or
facility to verify compliance with the HOPA's ``80 percent occupancy''
requirement and should maintain such compliance by periodically
reviewing and updating existing age verification records for each
occupied dwelling unit at least once every two years. The creation and
maintenance of such occupancy/age verification records should occur in
the normal course of individual sale or rental housing transactions and
should require minimal preparation time. Further, a senior housing
provider's operating rules, policies and procedures are not privileged
or confidential in nature, because such information must be disclosed
to current and prospective residents, and to residential real estate
professionals.
The HOPA exemption also requires that a summary of the occupancy
survey results must be made available for public inspection. This
summary need not contain confidential information about individual
residents; it may simply indicate the total number of dwelling units
that are actually occupied by persons 55 years of age or older. While
the supporting age verification records may contain confidential
information about individual occupants, such information would be
protected from disclosure unless the housing provider claims the ``55
or older'' housing exemption as an affirmative defense to a
jurisdictional familial status discrimination complaint filed with HUD
under the Fair Housing Act. HUD's Office of Fair Housing and Equal
Opportunity will only require a housing provider to disclose such
confidential information to HUD if and when HUD investigates a
jurisdictional familial status discrimination complaint filed against
the housing provider under the Fair Housing Act, and if and when the
housing provider claims the ``55 or older'' housing exemption as an
affirmative defense to the complaint.
Agency form number(s), if applicable: None.
Members of affected public: The HOPA requires that small businesses
and other small entities that operate housing intended for occupancy by
persons 55 years of age or older must routinely collect and update
reliable age verification information necessary to meet the eligibility
criteria for the HOPA exemption. The record keeping requirements are
the responsibility of the housing provider that seeks to qualify for
the HOPA exemption.
Estimation of the total numbers of hours needed to prepare the
information collection, including the number of respondents, frequency
of response, and hours of response: Housing providers claiming
eligibility for the HOPA's ``55 or older'' housing exemption must
demonstrate ongoing compliance with the HOPA exemption requirements.
The HOPA does not authorize HUD to require submission of this
information by individual housing providers as a means of certifying
that their housing communities or facilities qualify for the exemption.
Further, since the HOPA has no mandatory registration requirement, HUD
cannot ascertain the actual number of housing facilities and
communities that are currently collecting this information with the
intention of qualifying for the HOPA exemption. Accordingly, HUD has
estimated that approximately 1,000 housing facilities or communities
would seek to qualify for the HOPA exemption. HUD has estimated that
the occupancy/age verification data would require routine updating with
each new housing transaction within the facility or community, and that
the number of such transactions per year might vary significantly
depending on the size and nature of the facility or community. HUD also
estimated the average number of housing transactions per year at ten
(10) transactions per community. HUD concluded that the publication of
policies and procedures is likely to be a one-time event, and in most
cases will require no additional burden beyond what is done in the
normal course of business. The estimated total annual burden hours are
5,500 hours [See Table below].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Hourly
Type of collection activity Number of Frequency of Responses Burden hour burden cost per Annual
respondents response per annum per response hours response cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
One: Collect reliable age verification records for at least one 1,000 1 1,000 1 1,000 $20.02 $20.02
occupant per dwelling unit to meet the HOPA's minimum ``80%
occupancy'' requirement.........................................
Two: Publication of & adherence to policies & procedures that 1,000 1 1,000 2 2,000 20.02 40,040
demonstrate intent to operate ``55 or older'' housing...........
Three: Periodic updates of age verification records.............. 1,000 1 1,000 2.50 2,500 20.02 50,050
--------------------------------------------------------------------------------------
Total Burden Hours & Costs................................... ............ ............ 3,000 .............. 5,500 ......... 110,110
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. Solicitation of Public Comments
This Notice is soliciting comments from members of the public and
affected agencies concerning the proposed information collection in
order to: (1) Evaluate whether the proposed information collection is
necessary for the proper performance of HUD's program functions; (2)
Evaluate the accuracy of HUD's assessment of the paperwork burden that
may result from the proposed information collection; (3) Enhance the
quality, utility, and clarity of the information which must be
collected; and (4) Minimize the burden of the information collection on
responders, including the use of appropriate automated collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses).
Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 35, as amended.
Erik A. Heins,
Director, Enforcement Support Division, FHEO Office of Enforcement.
[FR Doc. 2024-06507 Filed 3-26-24; 8:45 am]
BILLING CODE 4210-67-P
