Department of Housing and Urban Development February 2023 – Federal Register Recent Federal Regulation Documents
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Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104; Correction
The Department of Housing and Urban Development is correcting a final rule entitled ``Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104'' that published on February 14, 2023.
60-Day Notice of Proposed Information Collection: Emergency Solutions Grant Data Collection, OMB Control No.: 2506-0089
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
60-Day Notice of Proposed Information Collection: Application for Community Compass TA and Capacity Building Program NOFA and Awardee Reporting, OMB Control No.: 2506-0197
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
30-Day Notice of Proposed Information Collection: Nonprofit Application and Recertification for FHA Mortgage Insurance Programs OMB Control No.: 2502-0540
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.
60-Day Notice of Proposed Information Collection: Enterprise Income Verification (EIV) Systems-Access Authorization Form and Rules of Behavior and User Agreement
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
30-Day Notice of Proposed Information Collection: FHA-Insured Mortgage Loan Servicing Involving the Loss Mitigation Programs; OMB Control No. 2502-0589
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.
Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance
In accordance with the Build America, Buy America Act (``BABA'' or ``the Act'') this notice advises that HUD is proposing a public interest waiver of the Buy America Domestic Content Procurement Preference (``Buy America Preference,'' or ``BAP'') for recipients of Federal Financial Assistance (``FFA'') provided by HUD. When final, the waiver will provide an updated implementation schedule for application of the BAP to HUD FFA. HUD is also announcing its proposed BAP implementation schedule for all HUD FFA used to purchase iron or steel products in infrastructure projects in HUD programs other than the CDBG formula grants addressed in the November 23, 2022, waiver. HUD is also announcing its proposed BAP implementation schedule for the purchase of manufactured products and specified construction materials including: (1) non-ferrous metals; (2) lumber; (3) composite building materials; and (4) plastic and polymer-based pipe and tube (herein after referred to as ``specified construction materials'').
Exhibitors Sought for Innovative Housing Showcase
HUD, in collaboration with other organizations, will present the Innovative Housing Showcase in June 2023 on the National Mall in Washington, DC. The Innovative Housing Showcase (Showcase) is a public event to raise awareness of innovative housing designs and technologies that have the potential to increase housing supply, lower the cost of construction, and/or reduce housing expenses for owners and renters. HUD is especially interested in innovative housing designs and technologies that, in addition to reducing costs and expenses for builders, owners and renters, can expand affordable, accessible, and healthy housing options for low- and moderate-income households; support aging in place; improve climate mitigation and resilience and disaster recovery; and/or increase energy efficiency and support decarbonization in the housing sector. HUD is seeking exhibitors to showcase innovations, and this notice solicits affirmations of interest from parties that would like to be considered for participation in the Innovative Housing Showcase.
Adjustment of Civil Monetary Penalty Amounts for 2023
This rule provides for 2023 inflation adjustments of civil monetary penalty amounts required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). This rule also revises HUD's policy and applies annually adjusted penalty amounts to the date the penalty is assessed after the effective date of the rule (if the violation occurred after the enactment of the 2015 Act).
Request for Information Regarding Rehabilitation Mortgages
Through this Request for Information (RFI), the Federal Housing Administration (FHA) seeks public input regarding barriers to the use of the FHA 203(k) Rehabilitation Mortgage Insurance Program (203(k) Program) by lenders and consumers. Information provided in response to this RFI will allow FHA to identify barriers that limit the origination of 203(k) insured mortgages and lender participation in the program and consider opportunities to enhance the 203(k) Program to support HUD's goal of increasing the available supply of affordable housing in underserved communities.
60-Day Notice of Proposed Information Collection: Public Housing Capital Fund Program; OMB Control No.: 2577-0157
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104
This final rule revises HUD regulations to implement parts of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). In addition to amending regulations for HUD's public housing and Section 8 programs, this final rule revises the program regulations for several other HUD programs. HUD did this in the interest of aligning its requirements across its programs or because the underlying program statute required HUD to make the revisions. These include the regulations for HUD's Community Development Block Grants, HOME Investment Partnerships, Housing Trust Fund, Housing Opportunities for Persons With AIDS, Supportive Housing for the Elderly (Section 202), and Supportive Housing for Persons with Disabilities (Section 811) programs. Since HUD and other Federal agencies may use the regulations revised as part of this rulemaking in the calculation of income for other programs or activities, the public should be aware that the effects of this rulemaking are not limited to the programs listed in this rule and preamble.
Addressing Radon in the Environmental Review Process; Request for Comment
HUD has posted CPD-21-136, titled, Departmental Policy for Addressing Radon in the Environmental Review Process, on its website. HUD invites public comments from interested individuals, entities, and other parties on that Notice's proposed clarification that radon as a radioactive substance must be considered in the environmental review of proposed HUD-assisted projects.
Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2022
Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on July 1, 2022 and ending on September 30, 2022.
Affirmatively Furthering Fair Housing
Through this rulemaking, HUD proposes to implement the obligation to affirmatively further the purposes and policies of the Fair Housing Act, which is title VIII of the Civil Rights Act of 1968, with respect to certain recipients of HUD funds. The Fair Housing Act not only prohibits discrimination, but also directs HUD to ensure that the agency and its program participants will proactively take meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in housing-related opportunities, and foster inclusive communities that are free from discrimination. This proposed rule builds on the steps previously taken in HUD's 2015 Affirmatively Furthering Fair Housing (AFFH) final rule to implement the AFFH obligation and ensure that Federal funding is used in a systematic way to further the policies and goals of the Fair Housing Act. This rule proposes to retain much of the 2015 AFFH Rule's core planning process, with certain improvements such as a more robust community engagement requirement, a streamlined required analysis, greater transparency, and an increased emphasis on goal setting and measuring progress. It also includes mechanisms to hold program participants accountable for achieving positive fair housing outcomes and complying with their obligation to affirmatively further fair housing, modeled after those processes under other Federal civil rights statutes that apply to recipients of Federal financial assistance.
60-Day Notice of Proposed Information Collection: Enterprise Income Verification Systems Debts Owed to Public Housing Agencies and Terminations; OMB Control No.: 2577-0266
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
60-Day Notice of Proposed Information Collection: Restrictions on Assistance to Noncitizens and Authorization for Information/Privacy Act; OMB Control No.: 2577-0295
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
Request for Information Regarding HUD's Learning Agenda Supplement: Fiscal Year 2023
Developing and using rigorous research and relevant evidence is essential for HUD's mission of creating strong, sustainable, inclusive communities and quality, affordable homes for all. In March 2022, HUD published its first Department-wide HUD Learning Agenda: FY 2022-2026 (the ``Learning Agenda''), identifying the Department's priority learning and evidence needs and proposing research, evaluation, and data linkage projects to address those needs. The Learning Agenda covers a period of five years, with an annual review and update process. Through this Request for Information (RFI), HUD's Office of Policy Development and Research (PD&R) seeks public input regarding potential additions and adjustments to the Department's published Learning Agenda to reflect changes in learning priorities since March 2022. Information provided in response to this RFI will inform the development of the ``Learning Agenda Supplement: Fiscal Year 2023'' that HUD will publish to accompany the 2022-2026 Learning Agenda to document updates to the Department's priority learning needs.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, as amended, the Department of Housing and Urban Development, gives notice of a proposed revision of an existing Privacy Act system of records. The system of records is being updated in support of a follow-up information collection with the participants of the Homeless Families Impact Study (now called the Family Options Study). The overall goal of the Family Options Study is to determine which housing and service intervention works best to promote housing stability, family preservation, and family well-being, and self-sufficiency for homeless families with children. The new information collected will be added to the existing Homeless Families Impact Study Data Files. The Department proposes to expand the data collected under the previous study to capture additional data to determine the effects that housing and service interventions has had on the young children who are part of the sample. Refer to the ``Categories of Records'' section to identify new record types. Additionally, this Notice updates the routine uses of the data collected. This notice supersedes the previously published notice (February 26, 2014).
60-Day Notice of Proposed Information Collection: Family Report, MTW Family Report, MTW Expansion Family Report; OMB Control No. 2577-0083
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
Privacy Act of 1974; System of Records
Under the provision of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of Housing and Urban Development (HUD), Office of Public and Indian Housing (PIH), Real Estate Assessment Center (REAC), is modifying system of records, The Quality Assurance/ Quality Control Administrative Files of the Real Estate Assessment Center,'' to name change to Physical Assessment Sub-System (PASS). The modification makes updates to the system of records name, location and system manager, authority, purpose, categories of individuals, categories of records in the system, record source categories, routine uses, policies and practices for storage, retrieval, retention and disposal, safeguards, and access, contesting and notification procedures. The updates are explained in the ``Supplementary Section'' of this notice. The existing scope, objectives, business processes, and uses being made of the data by the HUD remains unchanged.
Privacy Act of 1974; System of Records Modification
HUD's Debt Collection and Asset Management System, which consist of two sister systems Title I and Generic Debt, is operated to collect and maintain data needed to support activities related to the Department's collection of delinquent debt obligations. Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of Housing and Urban Development (HUD) is issuing a public notice of its intent to modify a system of records entitled ``Debt Collection and Asset Management SystemTitle I/Generic Debt''. This system of records is being revised to make clarifying changes within: System Location, Security Classification, System Manager, Authority for Maintenance of the System, Purpose of the System, Categories of Individuals Covered by the System, Categories of Records in the System, Records Source Categories, Routine Uses of Records Maintained in the System, Retrieval of Records, Retention and Deposal of Records. The SORN modifications are outlined in the SORN ``Supplementary Information'' section.
60-Day Notice of Proposed Information Collection: Notice of Proposed Information Collection: Continuum of Care Homeless Assistance-Technical Submission; OMB Control No.: 2506-0183
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.
Federal Housing Administration (FHA): Section 8 Project-Based Rental Assistance: Standard Program Regulation and Renewal Contract; Advance Notice of Proposed Rulemaking and Request for Public Comment
The Office of Multifamily Housing Programs (MFH) seeks comments from the public regarding an initiative under which MFH, in partnership with owners, tenants, and other program stakeholders, would move toward a single Section 8 program regulation and single contract form pursuant to which the Secretary would renew project-based Section 8 Housing Assistance Payments (HAP) contracts under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA). Section 524 authorizes the Secretary to establish the terms and conditions under which expiring contracts are renewed, subject to the requirements of section 524. Currently, the Secretary issues one of several section 524 renewal contracts, which is subject to one of seven Section 8 regulatory parts under which the original contract was issued, as well as other HUD regulations implementing section 524. To reduce regulatory complexities, MFH envisions promulgating a single Section 8 project-based rental assistance program regulation consisting of a standardized set of Section 8 program requirements and a single form of section 524 renewal contract.
Announcement of the Housing Counseling Federal Advisory Committee; Notice of Public Meeting
This gives notice of a Housing Counseling Federal Advisory Committee (HCFAC) meeting and sets forth the proposed agenda. The HCFAC meeting will be held on Thursday, March 15, 2023. The meeting is open to the public and is accessible to individuals with disabilities.
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