Department of Housing and Urban Development November 2011 – Federal Register Recent Federal Regulation Documents
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Notice of Withdrawal of Proposed Information Collection: Local Appeals to Single-Family Mortgage Limits
On September 20, 2011, HUD published a notice of proposed information collection that HUD contemplated submitting to the Office of Management and Budget (OMB) for review on the subject of local appeals to Single-Family Mortgage Limits. This notice announces the withdrawal of that proposed information collection.
Notice of Single Family Loan Sales (SFLS 2012-1)
This notice announces HUD's intention to competitively sell certain unsubsidized single family mortgage loans, in a sealed bid sale offering called SFLS 2012-1, without Federal Housing Administration (FHA) mortgage insurance. This notice also generally describes the bidding process for the sale and certain persons who are ineligible to bid. This first sale of Fiscal Year (FY) 2012 is scheduled for December 7, 2011. FHA also expects to conduct two additional sales in FY 2012 in April and September 2012.
Redelegation of Fair Housing Act Complaint Processing Authority
Through this notice, the Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all prior redelegations of authority for Fair Housing Act complaint processing made within the Offices of the Assistant Secretary for FHEO and the General Deputy Assistant Secretary for FHEO under the Fair Housing Act and redelegates this authority to FHEO region and headquarters staff.
Redelegation of Administrative Authority Under Section 504 of the Rehabilitation Act of 1973
In this notice, the Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all prior redelegations of authority made within the Office of the Assistant Secretary for FHEO under Section 504 of the Rehabilitation Act of 1973, and HUD's implementing regulations, and redelegates certain authority as set forth herein to the General Deputy Assistant Secretary, who in turn redelegates certain authority as set forth herein to the Deputy Assistant Secretary for Enforcement and Programs, Director of the Office of Enforcement, Director of the Office of Systemic Investigations and the FHEO Region Directors.
Redelegation of Authority Under Section 3 of the Housing and Urban Development Act of 1968
Pursuant to 24 CFR 135.7, the Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) has been delegated authority under Section 3 of the Housing and Urban Development Act of 1968 and HUD's implementing regulations at 24 CFR part 135. In this notice, the Assistant Secretary for FHEO retains those authorities and, with noted exceptions, redelegates this authority to the General Deputy Assistant Secretary for FHEO, who further redelegates certain authority to the Deputy Assistant Secretary for Enforcement and Programs and to each of the FHEO Regional Directors. This notice also supersedes all prior redelegations of authority by the office of the Assistant Secretary for FHEO under section 3 of the Housing and Urban Development Act of 1968 and HUD's implementing regulations at 24 CFR 135.
Redelegation of Authority Under Section 561 of the Housing and Community Development Act of 1987
In this notice, the Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all prior redelegations of authority made within the office of the Assistant Secretary for FHEO under Section 561 of the Housing and Community Development Act of 1987, the Fair Housing Initiatives Program (FHIP), and retains and with noted exception redelegates this authority to the General Deputy Assistant Secretary for FHEO, who retains and further redelegates certain authority to FHEO headquarters and region office staff.
Redelegation of Fair Housing Assistance Program Authority
In this notice, the Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all prior redelegations of authority made within the Office of the Assistant Secretary for FHEO under the Fair Housing Assistance Program with the exception of redelegation of authority to the FHEO Region Directors, as set forth in 24 CFR 115.101(b). The Assistant Secretary for FHEO redelegates the authority in 24 CFR 115.101(b) and other authority, as set forth in this notice, to the General Deputy Assistant Secretary.
Redelegation of Authority for the Civil Rights Related Program Requirements of HUD Programs
The Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all prior redelegations of authority made within the Office of the Assistant Secretary for FHEO regarding civil rights related program requirements (CRRPR) of HUD programs to FHEO staff and retains and redelegates this authority, with noted exceptions, to the General Deputy Assistant Secretary of FHEO, Deputy Assistant Secretary for Enforcement and Programs, Director of the Office of Programs, and the FHEO Region Directors.
Redelegation of Authority Under the Age Discrimination Act of 1975
The Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all prior redelegations of authority made within the Office of the Assistant Secretary for FHEO under the Age Discrimination Act of 1975, and retains and redelegates this authority, with noted exceptions, to the General Deputy Assistant Secretary for FHEO, who in turn redelegates certain authority to the Deputy Assistant Secretary for Enforcement and Programs, Director of the Office of Enforcement and FHEO Region Directors.
Redelegation of Administrative Authority for Title I, Section 109 of the Housing and Community Development Act of 1974
The Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all prior redelegations of authority from the Assistant Secretary for FHEO under Title I, Section 109 of the Housing and Community Development Act of 1974, and redelegates certain authority, to FHEO headquarters and Region staff.
Redelegation of Administrative Authority for Title VI of the Civil Rights Act of 1964
In this notice, the Assistant Secretary for Fair Housing and Equal Opportunity (FHEO) supersedes all redelegations of authority under Title VI of the Civil Rights Act of 1964 made within the Office of the Assistant Secretary for FHEO and retains and redelegates this authority to act as the ``responsible Department official,'' with noted exceptions, to the General Deputy Assistant Secretary, who in turn, retains and redelegates this authority, with noted exceptions to the Deputy Assistant Secretary for Enforcement and Programs, Director of the Office of Enforcement, Director of Systemic Investigations and the FHEO Region Directors.
Order of Succession for the Office of Fair Housing and Equal Opportunity
In this notice, the Assistant Secretary for Fair Housing and Equal Opportunity designates the Order of Succession for the Office of Fair Housing and Equal Opportunity. This Order of Succession supersedes all previous Orders of Succession for the Office of Fair Housing and Equal Opportunity.
Consolidated Delegation of Authority for the Office of Fair Housing and Equal Opportunity
In this notice, the Secretary delegates authority pertaining to civil rights statutes, including the Fair Housing Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; and Section 109 of the Housing and Community Development Act of 1974, as amended, to the Assistant Secretary for Fair Housing and Equal Opportunity. This delegation supersedes all prior delegations for the Office of Fair Housing and Equal Opportunity.
The Performance Review Board
The Department of Housing and Urban Development announces the appointments of, Estelle B. Richman, Karen Newton Cole, Peter J. Grace, Jemine A. Bryon, Clifford D. Taffett, Bryan Greene, Kevin M. Simpson, Lori Michalski, Donald J. LaVoy, Patricia A. Hoban-Moore, and Kevin R. Cooke, as members of the Departmental Performance Review Board. The address is: Department of Housing and Urban Development, Washington, DC 20410-0050.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Federal Housing Administration (FHA) Appraiser Roster: Appraiser Qualifications for Placement on the FHA Appraiser Roster
On July 14, 2011, HUD published a proposed rule to update HUD's regulations to conform to the statutory requirement that appraisers must be certified, rather than licensed, by a state appraisal licensing board in order to appear on the FHA Appraiser Roster. This requirement was established by the Housing and Economic Recovery Act of 2008. Although current HUD practice is in compliance with the statutory mandate, the regulations reflect outdated prior policy of permitting state-licensed appraisers to be listed on the FHA Appraiser Roster. In addition, HUD proposed updating the FHA Appraiser Roster regulations by replacing the obsolete references to the Credit Alert Interactive Voice Response System (CAIVRS) with references to its successor, the online-based Credit Alert Verification Reporting System. This final rule follows the publication of the July 14, 2011, proposed rule. In this final rule, HUD is adopting the proposed rule without change. HUD did not receive any public comments on the proposed rule.
Notice of Proposed Information Collection: Comment Request, HUD-Administered Small Cities Program Performance Assessment Report
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Notice of Proposed Information Collection: Comment Request Congressional Earmark Grants
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The Department's Congressional Grants Division administers congressionally mandated grants, known as earmarks. These projects have been identified in the annual appropriation of funds to the Department and in the accompanying conference reports or congressional record accompanying each appropriation. Earmarks generally fall into two categories: Economic Development Initiative-Special Project (EDI-SP) and Neighborhood Initiative (NI) grants.
Notice of Submission of Proposed Information Collection to OMB; Protection and Enhancement of Environmental Quality
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The information collection applies to applicants seeking HUD financial assistance for their project proposals and is used by HUD for the performance of the Department's compliance with the National Environmental Policy Act and related federal environmental laws and authorities in accordance with HUD environmental regulations at 24 CFR part 50.
Notice of Submission of Proposed Information Collection to OMB; Capacity Building for Sustainable Communities Program
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The Capacity Building for Sustainable Communities Program (Program), through a Notice of Funding Availability, will identify intermediary organizations that can provide capacity building support for communities engaged in planning efforts that support community involvement and integrate housing, land use, land cleanup and preparation for reuse, economic and workforce development, transportation, and infrastructure investments.
Notice of Submission of Proposed Information Collection to OMB Community Challenge Planning Grant Program
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The Department of Housing and Urban Development's Community Challenge Planning Grant Program fosters reform and reduces barriers to achieving affordable, economically vital, and sustainable communities. Such efforts may include amending or replacing local master plans, zoning codes, and building codes, either on a jurisdiction-wide basis or in a specific neighborhood, district, corridor, or sector to promote mixed-use development, affordable housing, the reuse of older buildings and structures for new purposes, and similar activities with the goal of promoting sustainability at the local or neighborhood level. This Program also supports the development of affordable housing through the development and adoption of inclusionary zoning ordinances and other activities to support plan implementation.
Notice of HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2012-1)
This notice announces HUD's intention to sell certain unsubsidized multifamily and healthcare mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (MHLS 2012-1). This notice also describes generally the bidding process for the sale and certain persons who are ineligible to bid.
Notice of Proposed Information Collection: Comment Request; Single Family Premium Collection Subsystem-Periodic (SFPCS-P)
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Notice of Submission of Proposed Information Collection to OMB; Moving to Work Demonstration
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. All PHAs are required to submit annual plans, however, PHAs with Moving to Work demonstration agreements (29 at the time of submission of this request) the annual MTW plan and annual MTW report are submitted in lieu of the standard annual and 5 year PHA plans. Revisions are being made to this 50900 form to streamline the process of Agencies submitting required Annual Plan and Report Data to HUD so that the Department is able to better respond to Congressional and other inquiries regarding outcome measures obtained and promising practices learned throughout the duration of the demonstration.
Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009
In accordance with the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-05, approved February 17, 2009) (Recovery Act), and implementing guidance of the Office of Management and Budget (OMB), this notice advises that certain exceptions to the Buy American requirement of the Recovery Act have been determined applicable for work using Capital Fund Recovery Formula and Competition (CFRFC) grant funds. Specifically, exceptions were granted to the Philadelphia Housing Authority for the purchase and installation of a single zone, ductless split Heating, Ventilation and Air Conditioning (HVAC) system for the Plymouth Hall Apartments project, and to the Chattanooga Housing Authority for the purchase and installation of linoleum flooring for its Fairmount Avenue Townhomes project.
Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Amendments to Program Regulations
This proposed rule would make several revisions to the regulations governing the Indian Housing Block Grant (IHBG) Program and the Title VI Loan Guarantee Program. HUD negotiated the proposed rule with active Tribal participation under the procedures of the Negotiated Rulemaking Act of 1990, pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The proposed regulatory changes would implement statutory amendments and reflect the consensus decisions reached by HUD and the Tribal representatives.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Public Housing Energy Audits
This rule proposes to revise HUD's energy audit requirements applicable to HUD's public housing program for the purpose of clarifying such requirements, as well as identifying energy-efficient measures that need to be addressed in the audit and procedures for improved coordination with physical needs assessments. In addition, the rule moves the energy audit requirements to a different part of HUD's title of the Code of Federal Regulations.
Clarification of Duplication of Benefits Requirements Under the Stafford Act for Community Development Block Grant (CDBG) Disaster Recovery Grantees
This Notice clarifies the duplication of benefits requirements under the Stafford Act for all active Community Development Block Grant (CDBG) disaster recovery grants, and all future CDBG disaster recovery grants.
Privacy Act of 1974; Notification To Delete and Create a New System of Records, “HUD/FHA Lender Approval Files” to New Lender Electronic Assessment Portal
HUD is providing public notice that it proposes to design a new system, the Lender Electronic Assessment Portal (LEAP), and revise and delete information published in the Federal Register (FR) about one of its existing Privacy Act system of records. The creation of the new system is to facilitate migration and streamline efforts for record collection activities under the Federal Housing Administration (FHA) lender approval and recertification process. The new system LEAP will take full custody over the records currently maintained by HUD's Lender Approval Files System of Records Notice (SORN) and will fully automate the manual records process for these records. The HUD/FHA Lender Approval Files SORN contains information pertaining to individuals who are principals or officers of financial institutions seeking approval or approved to originate, service, or hold FHA single family or multifamily insured mortgages, or Title I and Title II insured loans. Fully automating and streamlining HUD's lender approval and recertification process enables HUD's Office of FHA to efficiently perform the workflow operation and the assessments required to ascertain a financial institution's eligibility and/or qualification to participating under a FHA-insured mortgage, or Title I and Title II insured loans. Subsequent changes that have occurred for the previously published notice involve: Changes to the Categories of Individuals Covered by the System, Categories of Records in the System, Purposes of the System, and Routine Uses of Records Maintained in the System, Including Categories of Users and Purposes of Such Users. This notice serves to update, replace and delete the prior SORN reference published in the Federal Register on August 22, 1999 for HUD/FHA Lender Approval Files.
Notice of Submission of Proposed Information Collection to OMB Loan Guarantee Recovery Fund Established Pursuant to the Church Arson Prevention Act of 1996
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Section 4 of the Church Arson Prevention Act of 1996 authorizes the Secretary to guarantee loans made to certain nonprofit organizations whose properties have been damaged by an act or acts of arson or terrorism.
Notice of Submission of Proposed Information Collection to OMB Neighborhood Stabilization Program Tracking Panel
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The information is being collected by telephone and on-site interviews to assess program design, implementation, inputs and outcomes at the local level.
HUD Draft Environmental Justice Strategy, Extension of Public Comment Period
Through this notice, HUD extends the period by which comments may be submitted on HUD's draft Environmental Justice Strategy, for which the availability of review and the opportunity to submit public comments were announced by notice published in the Federal Register on October 7, 2011.
Announcement of Funding Awards; HUD's Fiscal Year (FY) 2010 NOFA for the Fair Housing Initiatives Program Enforcement Testing Technical Assistance
In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department for funding under the Notice of Funding Availability (NOFA) for the Fair Housing Initiatives Program (FHIP) Enforcement Testing Technical Assistance for Fiscal Year (FY) 2010. This announcement contains the names and addresses of those award recipients selected for funding based on the rating and ranking of all applications and the amount of the awards.
Implementation of the Fair Housing Act's Discriminatory Effects Standard
Title VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act or Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin.\1\ HUD, to which Congress gave the authority and responsibility for administering the Fair Housing Act and the power to make rules implementing the Act, has long interpreted the Act to prohibit housing practices with a discriminatory effect, even where there has been no intent to discriminate.
Notice of Submission of Proposed Information Collection to OMB Congregate Housing Services Program
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information is necessary to monitor the use of grant funds for the Congregate Housing Services Program (CHSP) according to statutory, regulatory, and administrative requirements.
Notice of Proposed Information Collection for Public Comment on the: Study of Public Housing Agencies' Engagement With Homeless Households
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The Department is soliciting public comments on the subject proposal.
Notice of Submission of Proposed Information Collection to OMB Evaluation of the Veterans Homelessness Prevention Demonstration
The Department of Housing and Urban Development requests review and approval of the Paperwork Reduction Act requirements for the collection of information required to evaluate the Veterans Homelessness Prevention Demonstration (VHPD). The Department solicits public comments on the proposed collection of information to: (1) Enhance the quality, utility, and clarity of the information to be collected; and (2) minimize the burden of the information collection on those who respond; including through the use of appropriate automated collection techniques or other forms of information technology that will reduce burden.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Notice of Submission of Proposed Information Collection to OMB Transformation Initiative: Choice Neighborhoods Demonstration, Small Grants Research Program
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The U.S. Department of the Housing and Urban Development (HUD) intends to make funding available from the FY 2012 Transformation Initiative for Research Grants related to the Choice Neighborhoods Demonstration. This information collection is for applications for funding, and reporting requirements for funded applications.
HUD Debt Collection: Revisions and Update to the Procedures for the Collection of Claims
On July 5, 2011, HUD published a proposed rule to revise and update HUD's regulations governing the procedures for the collection of claims by HUD. The rule proposed to revise HUD's debt collection regulations to implement the Debt Collection Improvement Act of 1996 and the revised Federal Claims Collection Standards. The DCIA and FCCS generally apply to the collection of nontax debt owed to the Federal Government and require referral of all eligible delinquent nontax debt to the Department of the Treasury for collection by centralized offset and to a designated debt collection center for debt servicing when a debt becomes 180 days delinquent. The rule also proposed to update and make technical corrections to HUD's salary offset provisions to conform to the changes made to HUD's debt collection regulations. HUD is adopting the proposed rule without change. HUD did not receive any public comments on the proposed rule.
Notice of Proposed Information Collection: Comment Request; FHA-Insured Mortgage Loan Servicing Involving the Claims and Conveyance Process, Property Inspection/Preservation
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Order of Succession for the Office of the Chief Human Capital Officer
In this notice, the Chief Human Capital Officer for the Department of Housing and Urban Development designates the Order of Succession for the Office of the Chief Human Capital Officer.
Delegation of Authority for the Office of the Chief Human Capital Officer
Through this notice, the Secretary delegates all authority under the Chief Human Capital Officers Act of 2002 to the Chief Human Capital Officer. The Chief Human Capital Officer reports to the Chief Operating Officer, as described in the Federal Register notice published on June 14, 2011 at 76 FR 34745.
Federal Property Suitable as Facilities To Assist the Homeless
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for use to assist the homeless.
Announcement of Funding Awards for the Self-Help Homeownership Opportunity Program (SHOP) for Fiscal Year 2011
In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Fiscal Year 2011 (FY 2011) Notice of Funding Availability (NOFA) for the Self-Help Homeownership Opportunity Program (SHOP). This announcement contains the consolidated names and addresses of this year's award recipients under SHOP.
Order of Succession for the Office of the Chief Information Officer
In this notice, the Chief Information Officer (CIO) for the Department of Housing and Urban Development designates the Order of Succession for the Office of the Chief Information Officer. This Order of Succession supersedes all prior Orders of Succession for the Office of the Chief Information Officer.
Delegation Authority for the Office of the Chief Information Officer
Through this notice, the Secretary of HUD delegates to the Chief Information Officer (CIO) all authority and responsibility for the Department's information technology (IT) and authority to serve as the Department's Senior Information Technology Executive.
Notice of Submission of Proposed Information Collection to OMB; Energy Innovation Fund-Multifamily Energy Pilot Program
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information is collected from applicants for a new pilot program seeking innovative proposals for increasing the energy efficiency of Multifamily Housing.
Notice of Submission of Proposed Information Collection to OMB Application for Displacement/Relocation Assistance for Person
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Application for displacement/relocation for person (families, individuals, businesses, nonprofit organizations and farms) displaced by certain HUD programs. Periodically, HUD reviews a random sample of the Agency files to assure that persons did received the relocation payments to which they are entitled.
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