30-Day Notice of Proposed Information Collection; Affirmative Fair Housing Marketing Plan-HUD 935.2A, HUD 935.2B, and HUD 935.2C; OMB Control No.: 2529-0013, 80592-80595 [2024-22833]
Download as PDF
<![CDATA[
80592
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
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: Public
Housing Agency (PHA) Lease and
Grievance Requirements.
OMB Approval Number: 2577–0006.
Type of Request: Reinstatement, with
change, of previously approved
collection for which approval has
expired.
Form Number: None.
Description of the need for the
information and proposed use: The
Public Housing (PH) dwelling lease and
grievance procedures are required by
the United States Housing Act of 1937,
specifically under Sections 6(k) and 6(l).
These sections outline requirements
such as establishing administrative
grievance procedures for Public Housing
Agencies (PHAs), utilizing leases with a
12-month term automatically renewed
except for specific noncompliance
instances, and specifying lease
provisions for families paying the
alternative non-public housing rent
(alternative rent). Detailed regulations
can be found in 24 CFR part 966—
Public Housing Lease and Grievance
Procedure, Subpart A—Dwelling Leases,
Procedures, and Subpart B—Grievance
Procedures and Requirements. Upon
renting and receiving rental housing
assistance, residents must sign a lease
and acknowledge the grievance
procedures, as outlined by the
Department of Housing and Urban
Development (HUD). PHAs are
responsible for maintaining records and
following these procedures, ensuring
consistency with HUD’s legal and
administrative obligations.
The implementation of the Housing
Opportunity Through Modernization
Act of 2016 (HOTMA) created new lease
requirements in both section 24 CFR
960.507 and 24 CFR 960.509 and made
modifications to section 24 CFR 966.4
(a)(2)(iii). PHAs must now modify the
PH lease to become month-to-month in
the period before termination of an over-
income family and 24 CFR 960.509
explains the new lease requirements for
Non-Public Housing Over-Income
(NPHOI) families. 24 CFR 960.509
stipulates that over-income families
permitted to continue as tenants must
pay the alternative rent and sign the
lease for NPHOI families no later than
either the next lease renewal or 60 days
after receiving the third notification
outlined in 24 CFR 960.507(c)(3),
whichever comes first. HUD specifies
various provisions required in leases for
NPHOI families, including details about
lease parties, duration, covered costs,
renewal or termination procedures,
tenant rent and potential charges, usage
rights, PHA and tenant responsibilities,
repair and access obligations, lease
termination processes, grievance
procedures, and modification protocols.
Members of affected public: Public
Housing leaseholders.
Estimated Number of Respondents:
809,425.
Estimated Number of Responses:
1,133,195.
Frequency of Response: 1.4.
Average Hours per Response: .5.
Total Estimated Burdens: 566,598.
Information collection
Number of
respondents
Frequency of
response
Responses
per annum
Burden hour
per response
Annual burden
hours
Hourly cost
per response
Annual cost
Tenant leases and
grievance procedures
(recordkeeping) ........
809,425
1.4
1,133,195
.5
* 566,598
** $22.27
$12,618,137
* Calculation: 809,425 households (as of 7/22/2024 per the Public Housing Data Dashboard) × 1.4 median number of new and interim leases +
changes + grievances (formal and informal) × 30 minutes (.5 of an hour) median time to complete = 566,598 total hours. (https://www.hud.gov/
program_offices/public_indian_housing/programs/ph/PH_Dashboard)
** Calculation: 566,598, total hours × $22.27 per hour = $12,618,137. The hourly rate assumes that the national average for housing authority
staff responsible for preparing leases earn the equivalent of the 2024 GS Grade 8 Step 1 (https://www.opm.gov/policy-data-oversight/pay-leave/
salaries-wages/salary-tables/pdf/2024/GS_h.pdf).
ddrumheller on DSK120RN23PROD with NOTICES1
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.
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17:59 Oct 02, 2024
Jkt 265001
HUD encourages interested parties to
submit comments in response to these
questions.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7080–N–49]
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
chapter 35.
Sylvia Whitlock,
Acting Director, Office of Policy, Programs
and Legislative Initiatives.
[FR Doc. 2024–22831 Filed 10–2–24; 8:45 am]
30-Day Notice of Proposed Information
Collection; Affirmative Fair Housing
Marketing Plan—HUD 935.2A, HUD
935.2B, and HUD 935.2C; OMB Control
No.: 2529–0013
Office of Policy Development
and Research, Chief Data Officer, HUD.
ACTION: Notice.
AGENCY:
BILLING CODE 4210–67–P
PO 00000
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 an additional 30 days of
public comment.
SUMMARY:
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Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
DATES:
Comment Due Date: November 4,
2024.
Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
1. Electronic Submission of
Comments. Interested persons may also
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov website can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
ADDRESSES:
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the notice.
Facsimile (FAX) comments are not
acceptable.
ddrumheller on DSK120RN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 7th Street SW,
Room 8210, Washington, DC 20410;
email 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 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. The Federal Register notice
that solicited public comment on the
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17:59 Oct 02, 2024
Jkt 265001
information collection for a period of 60
days was published on June 26, 2024, at
80 FR 53437.
A. Overview of Information Collection
Title of Information Collection:
Affirmative Fair Housing Marketing
Plan.
OMB Approval Number: 2529–0013.
Type of Request: Revision of a
currently approved collection.
Form Number: HUD 935.2A, HUD
935.2B, HUD 935.2C.
Description of the need for the
information and proposed use: HUD is
requesting that the OMB approve the
revision of forms: HUD–935.2A
Affirmative Fair Housing Marketing
Plan—Multifamily Housing, HUD–
935.2B Affirmative Fair Housing
Marketing Plan—Single Family
Housing, and HUD–935.2C Affirmative
Fair Housing Marketing Plan—
Condominiums or Cooperatives. These
forms assist HUD in fulfilling its duty
under the Fair Housing Act to
administer its programs and activities
relating to housing and urban
development in a manner that
affirmatively furthers fair housing, by
promoting a condition in which
individuals of similar income levels in
the same housing market area have
available a like range of housing
choices, regardless of race, color,
national origin, religion, sex (including
sexual orientation and gender identity),
disability, or familial status. These
forms assist HUD grantees and insured
housing with their compliance with the
Fair Housing Act and other civil rights
requirements. This collection also
promotes compliance with Executive
Order 11063, which requires Federal
agencies to take all necessary and
appropriate action to prevent
discrimination in federally insured and
subsidized housing. Under the
Affirmative Fair Housing Marketing
Regulations (24 CFR part 200, subpart
M), an AFHMP must be submitted by all
applicants for participation in Federal
Housing Administration (FHA)
subsidized and unsubsidized housing
programs that involve the development
or rehabilitation of the following types
of housing: (1) multifamily projects or
manufactured home parks of five or
more lots, units, or spaces; (2) a single
family property, where the property is
located in a subdivision and the builder
or developer intends to sell five or more
properties in the subdivision, and a
lender is making an initial application
for mortgage insurance; or (3) dwelling
units, when the applicant’s
PO 00000
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80593
participation in FHA housing programs
had exceeded or would thereby exceed
the development of five or more of such
dwelling units during the year
preceding the application (not counting
the development of single family
dwelling units for occupancy by a
mortgagor on property owned by the
mortgagor and in which the applicant
had no interest prior to entering into the
contract for construction or
rehabilitation). The regulations require
applicants to submit the AFHMP on a
form prescribed by the Department (i.e.,
HUD–935A; HUD–935B and HUD 935–
C). If this information was not collected,
it would prevent HUD from ensuring
compliance with affirmative fair
housing marketing requirements.
HUD is revising the HUD–935.2A to
clarify the instructions involving
marketing activities and reduce the need
to provide information that has already
been reported to HUD. The revision also
substantially reduces the burden hours
of completing the form using Microsoft
Excel to automate the retrieval of project
demographics and geocoded Census
data once users enter an existing ninedigit Property ID.
Respondents: Applicants for FHA
subsidized and unsubsidized housing
programs.
Estimated Number of Respondents:
5,703 For the HUD 935.2A: On an
annual basis, there are approximately
303 respondents that submit new plans
and 1,080 respondents that review their
existing plans and submit updated
plans. There are 4,320 respondents who
will review their AFHMP and determine
that it does not need to be submitted for
HUD approval.
For HUD 935.2.B & C: On an annual
basis, there are approximately 30
respondents that submit new plans.
Estimated Number of Responses:
5,733.
Frequency of Response: 1 per annum.
Average Hours per Response: The
average hours per response is 2.7 hours.
(For HUD–935.2A, the hours per
response are: 4 hours (new plans) and
2 hours (to review and update plans.
Census data needed for updates are now
automated) and 2 hours (review only,
i.e. those who review and determine
that an update is not needed). For HUD–
935.2B & C, the hours per response is 3
hours (average hours between those that
will certify that they do not need to
complete the form and those that will
complete the form).
Total Estimated Burden: 12,102
hours.
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Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
Information collection
Number of
respondents
Frequency
of
response
Responses
per annum
5,703
1 ...............
5,703
HUD–935.2A (MFH) ....
Burden hour per
response
Annual burden
hours
Hourly cost per
response
Annual cost
New 4 × 303 ...........
Review & Update 2
× 1,080.
Review 2 × 4,320.
New 1,212 .........
Review & Update
2,160.
Review 8,640.
Respondents ...............
$40/hr (professional
work).
$18/hr (clerical work).
$1.35 per report mailing.
Respondents
New = ($40 × 4 × 303) +
($18 × 2 × 303) =
$59,388.
Updates = ($40 × 2 × 1,080)
+ ($18 × 2 × $1,080) =
$125,280.
Reviews = ($40 × 2 × 4,320)
= $345,600.
Mailing Costs = $1.35 × 100
= $135.
Annual Cost = $59,388 +
$125,280 + $345,600 +
$135 = $530,403.
Government
New = ($40.45 × 3 × 303) +
($18.40 × 0.5 × 303) =
$39,556.65.
Reviews & Updates =
($40.45 × 3 × 1,080) +
($18.40 × 0.5 × 1,080) =
$140,994.
Annual Cost = $39,556.65 +
$140,994 = $180,550.65.
Respondents
($40 × 3 × 30) + ($18 × 2 ×
30) = $4,680.
$1.35 × 0 = $0.
Annual Cost = $4,680 + $0 =
$4,680.
Government
Annual Cost = ($40.42 × 3 ×
30) + ($18.40 × 0.5 × 30)
= $3,918.8.
Government ................
$40.45/hr * (professional work).
$18.40/hr ** (clerical
work).
HUD–935.2B (SFH) &
C (Condos and CoOps).
Total ......................
30
1 ...............
30
3 .............................
90 .......................
Respondents ...............
$40/hr (professional
work).
$18/hr (clerical work).
$1.35 per report mailing.
Government ................
$40.42/hr (professional
work).
$18.40/hr (clerical
work).
5,733
1 each ......
5,733
Avg. of 2.12 ............
12,102 ................
Avg. of $17.84 ............
Respondents
$535,083.
Government
$184,469.49.
* Base rate for GS 12 Step 5 ($40.42/hr) based on the salary information available on OPM.gov.
** Base rate for GS 5 step 5 ($18.40/hr) based on the salary information available on OPM.gov.
Discussion of Revisions
HUD received comments from one
commenter, who strongly supported the
continued use of the AFHMP. In
response to the comments, HUD made
minor revisions to the forms as
described in the responses below.
ddrumheller on DSK120RN23PROD with NOTICES1
General Comments
Form Clarity: The commenter
suggested that the AFHMP form clarify
the meaning of ‘‘market area.’’ The
commenter suggested using broader
metropolitan areas such as MSAs or
regional planning geographies rather
than a developer’s subjective view of the
HMA without considering regional
patterns of segregation. The commenter
also suggested the replacement of
‘‘tenants’’ with ‘‘potential residents’’
because market area selection
requirements include homeownership.
Lastly, the commenter suggested that
the demographics of income eligible
persons be considered.
HUD Response: HUD appreciates
these suggestions and has replaced the
term ‘‘tenants’’ with ‘‘potential
residents’’ in Forms 935.2B and 935.2C
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17:59 Oct 02, 2024
Jkt 265001
to reflect that these units are for owneroccupants.
HUD agrees that the demographics of
income-eligible persons are an
important consideration and will
explore how to incorporate additional
data sources in future versions of the
form.
With regard to geographies, the form
instructions define a housing market
area (HMA) as an area from which a
multifamily housing project owner/
agent, may ‘‘reasonably expect to draw
a substantial number of tenants,’’ and an
Expanded Housing Market Area
(EHMA) as ‘‘a larger geographic area,
such as a Metropolitan Division or a
Metropolitan Statistical Area, which
may provide additional demographic
diversity regarding race, color, national
origin, religion, sex, familial status, or
disability.’’ The automated form 935.2A
selects default HMA and EHMA based
on a property’s location. The form
instructions detail the default
selections. The default HMA is the
Census Place (e.g. population centers
such as municipalities, cities, towns,
villages, or Zip Code Tabulation Areas
PO 00000
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Fmt 4703
Sfmt 4703
for unincorporated places) where the
development is located. In response to
public comments, we have added
examples of Census Places to the
instructions. The default EHMA is a
Metropolitan or Micropolitan Statistical
Area, if applicable, or a County for
properties not located within an MSA.
In response to this comment, we have
added additional details to instructions
of all three forms giving examples of
Census-defined places.
To account for unusual circumstances
and data or technical issues, the
automated form retains a manual input
feature that may be used to select
alternate HMA and EHMA geographies.
Users choosing alternate HMAs or
EHMAs must explain and justify their
selections in Question 13. HUD expects
that defining default HMA/EHMA’s
while also allowing manual selections
will result in more standardized
AFHMP submissions and more clarity
around the intent of analyzing
demographics at both the HMA and
EHMA levels, while preserving
flexibility for housing providers and
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
reviewers to account for local
conditions.
Preferences: The commenter
supported the inclusion of the residency
preferences questions. The commenter
suggested that HUD require that any
residency preference be clearly defined
by its geographic impact and
demonstrate that they do not
discriminatorily limit access by
applicants. The commenter also
suggested that the AFHMP form provide
instructions for analyzing whether other
types of preferences exclude applicants
who are least likely to apply.
HUD Response: All admissions
preferences must comply with
nondiscrimination requirements and
applicable civil rights laws. However,
HUD regulations at 24 CFR 5.655(c)(1)
and 24 CFR 5.105(a), specifically require
that HUD review and approve residency
preferences as part of the AFHMP
process. Accordingly, HUD has required
and will continue to require a
geographic analysis for AFHMP
submissions requesting or modifying
residency preferences. If during the
course of reviewing an AFHMP
submission HUD becomes aware of
other admissions preferences in
response to question 1j that violate
program requirements or civil rights,
reviewers will work with owners and/or
agents to revise preferences prior to
approval.
Burden Estimate: The commenter
noted that the burden hours could be
substantially longer than estimated
unless demographic information is
readily and easily available.
HUD Response: The revised Form
935–2A automates the retrieval of
demographic and geocoded census data
which is estimated to substantially
reduce the burden hours to complete the
form. HUD reorganized forms 935–2B
and 935–2C to highlight the selfcertification option, which reduces the
burden hours of completing the forms.
Alternative Marketing Techniques:
The commenter suggested that the
instructions should include alternative
media to reach out to people least likely
to apply, including outreach to persons
on the Housing Choice Voucher waiting
list, social media, direct mailings,
advertising on buses and trains, flyers at
daycare, senior, and recreation centers;
groceries; and tours of the housing and
neighborhood.
HUD Response: The forms currently
include examples of various marketing
outreach and community contacts,
including PHAs. Housing providers are
encouraged to continue to exhaust
various means to advertise housing and
draw potential residents that are least
likely to apply.
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Solicitation of Public Comment
In accordance with 5 CFR
1320.8(d)(1), HUD is specifically
soliciting comment from members of the
public and affected parties concerning
the collection of information described
in Section A on the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
(5) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comments 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. 2024–22833 Filed 10–2–24; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–FAC–2024–N047; FF09F42300
FVWF97920900000 XXX]
Sport Fishing and Boating Partnership
Council; Public Meeting
AGENCY:
Fish and Wildlife Service,
Interior.
Notice of meeting.
ACTION:
The U.S. Fish and Wildlife
Service gives notice of a public meeting
of the Sport Fishing and Boating
Partnership Council (Council), in
accordance with the Federal Advisory
Committee Act.
DATES:
Meetings: The Council will meet on
Tuesday, October 29, 2024, from 8:30
SUMMARY:
PO 00000
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80595
a.m. to 4:45 p.m. and Wednesday,
October 30, 2024, from 8:30 a.m. to
12:30 p.m. mountain time.
Registration: Registration is required.
The deadline for registration is October
25, 2024.
Accessibility: The deadline for
accessibility accommodation requests is
October 22, 2024. Please see
Accessibility Information, below.
For additional public input deadlines,
see Public Input, below.
ADDRESSES: The meeting will take place
at the U.S. Fish and Wildlife Service
Bozeman Fish Technology Center at
4050 Bridger Canyon Road, Bozeman,
MT 59715. Virtual participation will
also be available via teleconference and
broadcast over the internet. To register
and receive the web address and
telephone number for virtual
participation, contact the Designated
Federal Officer (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Tom
McCann, Designated Federal Officer, by
email at thomas_mccann@fws.gov, or by
telephone at 571–329–3206. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Established in 1993, the Sport Fishing
and Boating Partnership Council
(Council) advises the Secretary of the
Interior, through the Director of the U.S.
Fish and Wildlife Service (Service), and
the Secretary of Commerce, through the
Assistant Administrator of the National
Marine Fisheries Service of the National
Oceanic and Atmospheric
Administration (NOAA), on aquatic
conservation endeavors that benefit
recreational fishery resources and
recreational boating and that encourage
partnerships among industry, the
public, and government.
Meeting Agenda
• Opening remarks
• National Fish Habitat Partnership
board seat nomination
• Recreational Boating and Fishing
Foundation board seat review and
nomination
• Agency updates
• Subcommittee report out
• Council business and open discussion
• Public comment period
The final agenda and other related
meeting information will be posted on
E:\FR\FM\03OCN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80592-80595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22833]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7080-N-49]
30-Day Notice of Proposed Information Collection; Affirmative
Fair Housing Marketing Plan--HUD 935.2A, HUD 935.2B, and HUD 935.2C;
OMB Control No.: 2529-0013
AGENCY: Office of Policy Development and Research, Chief Data Officer,
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 an additional 30 days of
public comment.
[[Page 80593]]
DATES: Comment Due Date: November 4, 2024.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
1. Electronic Submission of Comments. Interested persons may also
submit comments electronically through the Federal eRulemaking Portal
at www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments
must be submitted through one of the two methods specified above.
Again, all submissions must refer to the docket number and title of
the notice. Facsimile (FAX) comments are not acceptable.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, REE, Department of Housing and Urban Development, 7th Street
SW, Room 8210, Washington, DC 20410; email [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 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. The Federal Register notice that solicited public comment on
the information collection for a period of 60 days was published on
June 26, 2024, at 80 FR 53437.
A. Overview of Information Collection
Title of Information Collection: Affirmative Fair Housing Marketing
Plan.
OMB Approval Number: 2529-0013.
Type of Request: Revision of a currently approved collection.
Form Number: HUD 935.2A, HUD 935.2B, HUD 935.2C.
Description of the need for the information and proposed use: HUD
is requesting that the OMB approve the revision of forms: HUD-935.2A
Affirmative Fair Housing Marketing Plan--Multifamily Housing, HUD-
935.2B Affirmative Fair Housing Marketing Plan--Single Family Housing,
and HUD-935.2C Affirmative Fair Housing Marketing Plan--Condominiums or
Cooperatives. These forms assist HUD in fulfilling its duty under the
Fair Housing Act to administer its programs and activities relating to
housing and urban development in a manner that affirmatively furthers
fair housing, by promoting a condition in which individuals of similar
income levels in the same housing market area have available a like
range of housing choices, regardless of race, color, national origin,
religion, sex (including sexual orientation and gender identity),
disability, or familial status. These forms assist HUD grantees and
insured housing with their compliance with the Fair Housing Act and
other civil rights requirements. This collection also promotes
compliance with Executive Order 11063, which requires Federal agencies
to take all necessary and appropriate action to prevent discrimination
in federally insured and subsidized housing. Under the Affirmative Fair
Housing Marketing Regulations (24 CFR part 200, subpart M), an AFHMP
must be submitted by all applicants for participation in Federal
Housing Administration (FHA) subsidized and unsubsidized housing
programs that involve the development or rehabilitation of the
following types of housing: (1) multifamily projects or manufactured
home parks of five or more lots, units, or spaces; (2) a single family
property, where the property is located in a subdivision and the
builder or developer intends to sell five or more properties in the
subdivision, and a lender is making an initial application for mortgage
insurance; or (3) dwelling units, when the applicant's participation in
FHA housing programs had exceeded or would thereby exceed the
development of five or more of such dwelling units during the year
preceding the application (not counting the development of single
family dwelling units for occupancy by a mortgagor on property owned by
the mortgagor and in which the applicant had no interest prior to
entering into the contract for construction or rehabilitation). The
regulations require applicants to submit the AFHMP on a form prescribed
by the Department (i.e., HUD-935A; HUD-935B and HUD 935-C). If this
information was not collected, it would prevent HUD from ensuring
compliance with affirmative fair housing marketing requirements.
HUD is revising the HUD-935.2A to clarify the instructions
involving marketing activities and reduce the need to provide
information that has already been reported to HUD. The revision also
substantially reduces the burden hours of completing the form using
Microsoft Excel to automate the retrieval of project demographics and
geocoded Census data once users enter an existing nine-digit Property
ID.
Respondents: Applicants for FHA subsidized and unsubsidized housing
programs.
Estimated Number of Respondents: 5,703 For the HUD 935.2A: On an
annual basis, there are approximately 303 respondents that submit new
plans and 1,080 respondents that review their existing plans and submit
updated plans. There are 4,320 respondents who will review their AFHMP
and determine that it does not need to be submitted for HUD approval.
For HUD 935.2.B & C: On an annual basis, there are approximately 30
respondents that submit new plans.
Estimated Number of Responses: 5,733.
Frequency of Response: 1 per annum.
Average Hours per Response: The average hours per response is 2.7
hours. (For HUD-935.2A, the hours per response are: 4 hours (new plans)
and 2 hours (to review and update plans. Census data needed for updates
are now automated) and 2 hours (review only, i.e. those who review and
determine that an update is not needed). For HUD-935.2B & C, the hours
per response is 3 hours (average hours between those that will certify
that they do not need to complete the form and those that will complete
the form).
Total Estimated Burden: 12,102 hours.
[[Page 80594]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Responses Burden hour per Annual burden Hourly cost per
Information collection respondents response per annum response hours response Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
HUD-935.2A (MFH)............... 5,703 1.............. 5,703 New 4 x 303....... New 1,212......... Respondents....... Respondents
Review & Update 2 Review & Update $40/hr New = ($40 x 4 x
x 1,080.. 2,160.. (professional 303) + ($18 x 2
Review 2 x 4,320.. Review 8,640...... work).. x 303) =
$18/hr (clerical $59,388.
work).. Updates = ($40 x
$1.35 per report 2 x 1,080) +
mailing.. ($18 x 2 x
$1,080) =
$125,280.
Reviews = ($40 x
2 x 4,320) =
$345,600.
Mailing Costs =
$1.35 x 100 =
$135.
Annual Cost =
$59,388 +
$125,280 +
$345,600 + $135
= $530,403.
Government........ Government
$40.45/hr * New = ($40.45 x 3
(professional x 303) + ($18.40
work).. x 0.5 x 303) =
$18.40/hr ** $39,556.65.
(clerical work).. Reviews & Updates
= ($40.45 x 3 x
1,080) + ($18.40
x 0.5 x 1,080) =
$140,994.
Annual Cost =
$39,556.65 +
$140,994 =
$180,550.65.
HUD-935.2B (SFH) & C (Condos 30 1.............. 30 3................. 90................ Respondents....... Respondents
and Co-Ops). $40/hr ($40 x 3 x 30) +
(professional ($18 x 2 x 30) =
work).. $4,680.
$18/hr (clerical $1.35 x 0 = $0.
work).. Annual Cost =
$1.35 per report $4,680 + $0 =
mailing.. $4,680.
Government........ Government
$40.42/hr Annual Cost =
(professional ($40.42 x 3 x
work).. 30) + ($18.40 x
$18.40/hr 0.5 x 30) =
(clerical work).. $3,918.8.
------------------------------------------------------------------------------------------------------------------------
Total...................... 5,733 1 each......... 5,733 Avg. of 2.12...... 12,102............ Avg. of $17.84.... Respondents
$535,083.
Government
$184,469.49.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Base rate for GS 12 Step 5 ($40.42/hr) based on the salary information available on OPM.gov.
** Base rate for GS 5 step 5 ($18.40/hr) based on the salary information available on OPM.gov.
Discussion of Revisions
HUD received comments from one commenter, who strongly supported
the continued use of the AFHMP. In response to the comments, HUD made
minor revisions to the forms as described in the responses below.
General Comments
Form Clarity: The commenter suggested that the AFHMP form clarify
the meaning of ``market area.'' The commenter suggested using broader
metropolitan areas such as MSAs or regional planning geographies rather
than a developer's subjective view of the HMA without considering
regional patterns of segregation. The commenter also suggested the
replacement of ``tenants'' with ``potential residents'' because market
area selection requirements include homeownership. Lastly, the
commenter suggested that the demographics of income eligible persons be
considered.
HUD Response: HUD appreciates these suggestions and has replaced
the term ``tenants'' with ``potential residents'' in Forms 935.2B and
935.2C to reflect that these units are for owner-occupants.
HUD agrees that the demographics of income-eligible persons are an
important consideration and will explore how to incorporate additional
data sources in future versions of the form.
With regard to geographies, the form instructions define a housing
market area (HMA) as an area from which a multifamily housing project
owner/agent, may ``reasonably expect to draw a substantial number of
tenants,'' and an Expanded Housing Market Area (EHMA) as ``a larger
geographic area, such as a Metropolitan Division or a Metropolitan
Statistical Area, which may provide additional demographic diversity
regarding race, color, national origin, religion, sex, familial status,
or disability.'' The automated form 935.2A selects default HMA and EHMA
based on a property's location. The form instructions detail the
default selections. The default HMA is the Census Place (e.g.
population centers such as municipalities, cities, towns, villages, or
Zip Code Tabulation Areas for unincorporated places) where the
development is located. In response to public comments, we have added
examples of Census Places to the instructions. The default EHMA is a
Metropolitan or Micropolitan Statistical Area, if applicable, or a
County for properties not located within an MSA. In response to this
comment, we have added additional details to instructions of all three
forms giving examples of Census-defined places.
To account for unusual circumstances and data or technical issues,
the automated form retains a manual input feature that may be used to
select alternate HMA and EHMA geographies. Users choosing alternate
HMAs or EHMAs must explain and justify their selections in Question 13.
HUD expects that defining default HMA/EHMA's while also allowing manual
selections will result in more standardized AFHMP submissions and more
clarity around the intent of analyzing demographics at both the HMA and
EHMA levels, while preserving flexibility for housing providers and
[[Page 80595]]
reviewers to account for local conditions.
Preferences: The commenter supported the inclusion of the residency
preferences questions. The commenter suggested that HUD require that
any residency preference be clearly defined by its geographic impact
and demonstrate that they do not discriminatorily limit access by
applicants. The commenter also suggested that the AFHMP form provide
instructions for analyzing whether other types of preferences exclude
applicants who are least likely to apply.
HUD Response: All admissions preferences must comply with
nondiscrimination requirements and applicable civil rights laws.
However, HUD regulations at 24 CFR 5.655(c)(1) and 24 CFR 5.105(a),
specifically require that HUD review and approve residency preferences
as part of the AFHMP process. Accordingly, HUD has required and will
continue to require a geographic analysis for AFHMP submissions
requesting or modifying residency preferences. If during the course of
reviewing an AFHMP submission HUD becomes aware of other admissions
preferences in response to question 1j that violate program
requirements or civil rights, reviewers will work with owners and/or
agents to revise preferences prior to approval.
Burden Estimate: The commenter noted that the burden hours could be
substantially longer than estimated unless demographic information is
readily and easily available.
HUD Response: The revised Form 935-2A automates the retrieval of
demographic and geocoded census data which is estimated to
substantially reduce the burden hours to complete the form. HUD
reorganized forms 935-2B and 935-2C to highlight the self-certification
option, which reduces the burden hours of completing the forms.
Alternative Marketing Techniques: The commenter suggested that the
instructions should include alternative media to reach out to people
least likely to apply, including outreach to persons on the Housing
Choice Voucher waiting list, social media, direct mailings, advertising
on buses and trains, flyers at daycare, senior, and recreation centers;
groceries; and tours of the housing and neighborhood.
HUD Response: The forms currently include examples of various
marketing outreach and community contacts, including PHAs. Housing
providers are encouraged to continue to exhaust various means to
advertise housing and draw potential residents that are least likely to
apply.
Solicitation of Public Comment
In accordance with 5 CFR 1320.8(d)(1), HUD is specifically
soliciting comment from members of the public and affected parties
concerning the collection of information described in Section A on the
following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
(5) ways to minimize the burden of the collection of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.
HUD encourages interested parties to submit comments 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. 2024-22833 Filed 10-2-24; 8:45 am]
BILLING CODE 4210-67-P
