[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70986-70990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27841]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7015-N-10]
60-Day Notice of Proposed Information Collection: Project Based
Vouchers (PBV) Online Form
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
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SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comment
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for 60 days of public comment.
DATES: Comments Due: February 24, 2020.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: Colette Pollard, Reports
Management
[[Page 70987]]
Officer, QDAM, Department of Housing and Urban Development, 451 7th
Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-402-3400
(this is not a toll-free number) or email at [email protected]
for a copy of the proposed forms or other available information.
Persons with hearing or speech impairments may access this number
through TTY by calling the toll-free Federal Relay Service at (800)
877-8339.
FOR FURTHER INFORMATION CONTACT: Dawn Smith, Office of Policy, Programs
and Legislative Initiatives, PIH, Department of Housing and Urban
Development, 451 7th Street SW, Room 3178, Washington, DC 20410;
telephone 202-402-6488, (this is not a toll-free number). Persons with
hearing or speech impairments may access this number via TTY by calling
the Federal Relay Service at (800) 877-8339. Copies of available
documents submitted to OMB may be obtained from Ms. Smith.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: Project Based Vouchers (PBV)
Online Form.
OMB Approval Number: Pending OMB Approval.
Type of Request: New.
Form Number: HUD is developing a standardized electronic system and
data exchange standard for this collection and will provide a web
service to support electronic file transfer using Java Script Object
Notation (JSON).''. Within the scope of this collection, HUD requests
the information in this notice from participating PHAs
Description of the need for the information and proposed use:
Public Housing Agencies (PHAs) apply for funding to assist low-income
families to lease housing. One of the programs through which PHAs
provide housing assistance is the Housing Choice Voucher (HCV) Program,
a tenant-based rental assistance program. This program operates by
providing vouchers that cover a portion of the contract rent for a
unit. Some PHAs project-base their vouchers (the rental assistance is
connected to a unit, not a family). Project-based vouchers (PBVs) are
becoming a larger percentage of PHAs overall HCV portfolios, rising
from just over 110,000 in 2016 to approximately 215,000 in mid-2019.
The PBV portfolio is expected to grow even more with the on-going
conversion of up to 455,000 public housing units to project-based
assistance under the Congressionally authorized Rental Assistance
Demonstration (RAD). HUD currently collects information on individual
participants in the HCV program who are in PBV units and Project
certificate (PBC) housing through the PIC system. In addition, HUD
collects aggregate information on the total number of PBVs under
contract at the PHA level. HUD currently does not systematically
collect information on the project or development level for PBVs.
This leaves a gap in HUD's information collection of PBVs between
the individual tenant data and the aggregated PHA data. HUD does not
systematically collect information on the development or project level,
including the number of units at PBV projects, what exceptions apply,
their rents, the terms of contract, and numerous other potential data
points. This creates a challenge for monitoring, tracking and analyzing
PBV projects, and limits HUD's ability to respond to requests for
information on the PBV program from Congress and other sources.
Additionally, it prevents HUD from having data with which to make
informed decisions on risk-mitigation strategies with respect to PBVs.
Potential risks are particularly heightened in the case of two
specific program categories; Rental Assistance Demonstration (RAD) that
transition to be Project Based Vouchers and PHA-owned units where an
independent entity performs inspections and determines the rent
amounts. What distinguishes RAD PBVs from regular Project-Based
Vouchers is their initial construction was paid for by HUD, rents are
initially set below market level, and they are supposed to remain
affordable in perpetuity. Currently, HUD has very limited information
about RAD-PBV properties after their conversion and is unable to
adequately monitor their long-term viability. PHA-owned PBVs pose a
risk because PHAs may assist properties they own, subject to the
independent entity requirement. PHAs may assist properties they own,
subject to the independent entity requirement In addition, many other
non-RAD or PHA-owned projects, such as those with 100% PBVs serving
disabled or requiring supporting services represent crucial affordable
housing resources for vulnerable communities that cannot be quickly and
easily replaced through providing a voucher.
Through this collection, HUD is requiring the submission of
project-level data on all Project-Based Vouchers, including but not
limited to Rental Assistance Demonstration Project Based-Vouchers,
mixed finance Project-Based Vouchers, all Project-Based Vouchers at
Moving to Work Agencies, and all Project Based Vouchers at non-Moving
to Work Agencies.
The fields of collection for PBV projects may include:
HAP Contract Number
Name of Project
Address of Building(s) and Units
Number of Units Under AHAP
Number of Units Under HAP Contract by Bedroom Size
Number of Total Units in the Project
Structure Type
Type: Existing, Rehabilitated, or Newly Constructed
Effective Date(s) of AHAP
Effective Date(s) of HAP Contract
Expiration Date
Owner Name
Owner Tax ID
Management Entity
PHA-Owned, PHA Has Ownership Interest but Not PHA-Owned, No PHA
Ownership Interest
If PHA-Owned: Name of Independent Entity or Entities
Other Related Programs: Tax Credit, RAD, HUD-insured, VASH, or Other
Population Served: General, Homeless, Veterans, Families Eligible for
Supportive Services, Families Receiving Supportive Services, Elderly
Family, Disabled Family
Does an Exception to the Income-Mixing Requirement Apply?
If Yes, Which Exceptions(s)
Supportive Services Available (Y/N)?
Vacancy Payments Permitted (Y/N)?
Program Cap Exception (Y/N)?
Program Cap Exception Category
Unique Project Building Code*
HAP Contract Code*
Number of RAD PBVs
Use Restriction End Date
Year Built
Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility
Units at the Project
Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/
Vision Units at the Project
* The Unique Project Building Code and HAP Contract Code may be
produced by the system or a protocol for numbering may be established
by HUD.
HUD recognizes that some of this information may be submitted to
HUD, for instance as part of the initial subsidy layering review
process, however, these submissions are insufficient to give HUD a
universal and currently accurate picture of the Project Based Voucher
universe. Therefore, HUD is proposing this information collection.
[[Page 70988]]
Definitions
HAP Contract Number
A unique number assigned to a Form HUD-52530-A (PBV HAP Contract--
New Construction or Rehabilitation) or Form HUD-52530-B (PBV HAP
Contract--Existing Housing) (hereinafter ``HAP contract'') executed for
the project, which may be produced by the system or a protocol for
numbering may be established by HUD.
Name of Project
The name of the project as determined by the PHA as used in public
or property records (where such records contain a name of the property
as a whole) or the commonly used name of the project (such as the name
on a sign at the property entrance). If no such name exists, a name for
the project designated by the PHA for use in the system. ``Project'' is
defined consistent with 24 CFR 983.3(b) as ``a single building,
multiple contiguous buildings, or multiple buildings on contiguous
parcels of land.''
Address of Building(s) and Units
The street address, city, state, and zip code of the building or
buildings covered by the HAP contract and all units covered under the
HAP contract.
Number of Units Under AHAP
Total number of units in the project covered by the Form HUD-52523-
A and Form HUD-52523-B (Agreement to Enter into a Housing Assistance
Payment Contract) (hereinafter ``AHAP'').
Number of Units Under HAP Contract by Bedroom Size
Total number of contract units in the project covered by the HAP
contract, broken out by each bedroom size (0, 1, 2, 3, 4, 5+).
Number of Total Units in the Project
Total number of units in the project, including those covered by an
AHAP or HAP contract and non-contract units.
Structure Type
The most closely matching description of the project from among
this list: Elevator Structure, Mixed Type, Row or Townhouse Style
(Separate Entrances), Semi Detached, Single Family/Detached, Walkup/
Multifamily Apt (Shared Entrance).
Type: Existing, Rehabilitation or Newly Constructed
The following definitions apply consistent with 24 CFR 983.3(b), as
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
Existing Housing
Housing units that already exist on the proposal selection date and
that substantially comply with the HQS on that date.
Rehabilitated Housing
Housing units that exist on the proposal selection date, but do not
substantially comply with the HQS on that date, and are developed,
pursuant to an Agreement between the PHA and owner, for use under the
PBV program.
Newly Constructed Housing
Housing units that do not exist on the proposal selection date and
are developed after the date of selection pursuant to an Agreement
between the PHA and owner for use under the PBV program.
Upon amendment of 24 CFR 983.3(b), the new definitions therein will
supersede the definitions listed here.
Effective Date(s) of AHAP
Effective date(s) listed in Sec. 1.4 of Part 1 the AHAP. A single-
stage project will have the same Agreement effective date for all
contract units. A multi-stage project will separate effective dates for
each stage.
Effective Date(s) of HAP Contract
Effective date(s) listed in Sec. 1(d) of Part 1 of the HAP
contract. A single-stage project will have the same effective date for
all contract units. For a multi-stage project, include the dates of
each stage and the contract units covered by each stage.
Expiration Date
The HAP contract term end date, as determined by adding the length
of the HAP contract term (initial and any extensions) to the effective
date listed in Sec. 1(d) of Part 1 of the HAP contract (for a multi-
stage project, use the effective date of the first stage). The length
of the initial and extension HAP contract terms shall be those listed
in the HAP contract (for existing projects: Sec. 1(d) of Part 1 of the
Form HUD-52530-B HUD and associated exhibits; for newly constructed and
rehabilitated projects: Sec. 1(e) of Part 1 of the Form HUD-52530-A
and associated exhibits).
Owner Name
The owner name as listed in Sec. 1(a) of Part 1 of the HAP
contract and contact information (telephone and email).
Owner Tax ID
The owner's federal tax identification number.
Management Entity
Name of the company or agency that manages the property and contact
information (telephone and email).
PHA-Owned, PHA Has Ownership Interest But Not PHA-Owned, No PHA
Ownership Interest
The following definitions apply consistent with 24 CFR part 983, as
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
(1) PHA-owned:
a. Owned by the PHA (which includes a PHA having a ``controlling
interest'' in the entity that owns the unit);
b. Owned by an entity wholly controlled by the PHA; or
c. Owned by a limited liability company (LLC) or limited
partnership in which the PHA (or an entity wholly controlled by the
PHA) holds a controlling interest in the managing member or general
partner.
``Controlling interest'' means:
a. Holding more than 50 percent of the stock of any corporation;
b. Having the power to appoint more than 50 percent of the members
of the board of directors of a non-stock corporation (such as a non-
profit corporation);
c. Where more than 50 percent of the members of the board of
directors of any corporation also serve as directors, officers, or
employees of the PHA;
d. Holding more than 50 percent of all managing member interests in
an LLC;
e. Holding more than 50 percent of all general partner interests in
a partnership; or
f. Having equivalent levels of control in other ownership
structures. Most ownership structures are already covered in the
categories listed above. This last category is meant to cover any
ownership structure not already listed in the categories above. Also,
under this category (f), a PHA must have more than 50 percent control
in that ownership structure (an equivalent level of control) for the
project to be considered PHA-owned.
(2) PHA ownership interest: An ownership interest means that the
PHA or its officers, employees, or agents are in an entity that holds
any direct or indirect interest in the project in which the units are
located, including, but not limited to, an interest as:
a. Titleholder;
b. Lessee;
c. Stockholder;
d. Member, or general or limited partner; or
e. Member of a limited liability corporation.
[[Page 70989]]
(3) No PHA ownership interest: The PHA has no ownership interest in
the property.
Upon amendment of 24 CFR part 983, the new definitions therein will
supersede the definitions listed here.
If PHA-Owned: Name of Independent Entity or Entities
If the project is PHA-owned, the independent entity or entities
which perform the following functions consistent with 24 CFR part 983:
1. Review the PHA's PBV selection process.
2. Establish PBV contract rents (initial rent to owner and
redetermined rent to owner).
3. Determine rent reasonableness.
4. Provide a copy of the rent reasonableness determination to the
PHA and the HUD field office where the project is located.
5. Establish term of initial and any renewal HAP contract as
required in 24 CFR 983.205.
6. Inspect units.
7. Provide a copy of the inspection report to PHA and HUD field
office where the project is located.
Other Related Programs: Tax Credit, RAD, HUD-Insured, VASH, or Other
List any HUD voucher authority other than regular Housing Choice
Vouchers used to provide PBVs to the project (e.g., RAD, VASH). List
other governmental housing assistance from federal, state, or local
agencies, including assistance such as tax concessions or tax credits
(e.g., HUD-insured, Tax Credit).
Population Served: General, Homeless, Veterans, Families Eligible for
Supportive Services, Families Receiving Supportive Services, Elderly
Family, Disabled Family
List the population(s) served if the project contains units
specifically made available for or exclusively made available to a
specific population. If some units are not specifically made available
for or exclusively made available to a specific population listed
below, mark ``General.'' The definitions of each population are found
in the following locations, consistent with 24 CFR parts 5, 983, as
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
1. Homeless: PIH Notice 2017-21, Attachment D.
2. Veterans: PIH Notice 2017-21, Attachment D.
3. Families eligible for supportive services: PIH Notice 2017-21,
Attachments D and E.
4. Families receiving supportive services: PIH Notice 2017-21,
Attachment E.
5. Elderly family: 24 CFR 5.403.
6. Disabled family: 24 CFR 5.403.
Upon amendment of 24 CFR part 983, the new definitions therein will
supersede the definitions listed here.
Does an Exception to the Income-Mixing Requirement Apply?
Provide an answer (yes/no) to the question of whether the project
qualifies for an exception to the income-mixing requirement under 24
CFR 983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul.
14, 2017).
If Yes, Which Exception(s)
Choose the applicable exception from among those allowed by 24 CFR
983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14,
2017). The definitions of the exception categories are found in the
following locations:
1. Units that are exclusively made available to households eligible
for supportive services: PIH Notice 2017-21, Attachment E.
2. Units that are specifically made available for families
receiving supportive services: PIH Notice 2017-21, Attachment E, for
grandfathered projects as described therein.
3. Units that are exclusively made available to elderly families:
PIH Notice 2017-21, Attachment E.
4. Units that are specifically made available for disabled
families: PIH Notice 2017-21, Attachment E, for grandfathered projects
as described therein.
5. Units located in a census tract with a poverty rate of 20
percent or less: PIH Notice 2017-21, Attachment E.
6. Units that were previously subject to certain federal rent
restrictions or receiving another type of long-term housing subsidy
provided by HUD: PIH Notice 2017-21, Attachment F, for projects that
meet the additional requirements as described therein.
7. RAD PBV units: PIH Notice 2017-21, Attachment F.
8. HUD-VASH vouchers specifically designated for project-based
assistance: PIH Notice 2017-21, Attachment F.
Upon amendment of 24 CFR part 983, the new definitions therein will
supersede the definitions listed here.
Supportive Services Required/Available
If the project has supportive services available to residents so as
to qualify for an exception to 24 CFR 983.56
Vacancy Payments Permitted
Provide an answer (yes/no) to the question of whether the PHA has
included the vacancy payment provision in this HAP contract (for
existing projects: Sec. 1(e)(2) of Part 1 of the Form HUD-52530-B HUD;
for newly constructed and rehabilitated projects: Sec. 1(f)(2) of Part
1 of the Form HUD-52530-A).
Program Cap Exception (Y/N)?
Provide an answer (yes/no) to the question of whether the project
qualifies for an exception to the program cap under 24 CFR 983.6, as
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017).
Program Cap Exception Category
Choose the applicable exception from among those allowed by 24 CFR
983.6, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14,
2017). The definitions of the exception categories are found in the
following locations:
1. Units that are specifically made available to house homeless
individuals and families: PIH Notice 2017-21, Attachment D.
2. Units that are specifically made available to house families
that are comprised of or include a veteran: PIH Notice 2017-21,
Attachment D.
3. Units that provide supportive housing to persons with
disabilities or to elderly persons: PIH Notice 2017-21, Attachment D.
4. Units located in a census tract with a poverty rate of 20
percent or less: PIH Notice 2017-21, Attachment D.
5. Units that were previously subject to certain federal rent
restrictions or receiving another type of long-term housing subsidy
provided by HUD: PIH Notice 2017-21, Attachment F, for projects that
meet the additional requirements as described therein.
6. RAD PBV units: PIH Notice 2017-21, Attachment F.
7. HUD-VASH vouchers specifically designated for project-based
assistance: PIH Notice 2017-21, Attachment F.
Upon amendment of 24 CFR part 983, the new definitions therein will
supersede the definitions listed here.
Unique Project Building Code *
Code may be produced by the system or a protocol for numbering may
be established by HUD.
Use Restriction End Date
Provide an answer (yes/no) to the question of whether the project
is subject to a use restriction imposed by HUD. If yes, provide the end
date of the use restriction.
Number of RAD PBVs
Number of PBVs that converted under the Rental Assistance
Demonstration Program.
[[Page 70990]]
HAP Contract Amount
Code may be produced by the system or a protocol for numbering may
be established by HUD.
Year Built
The year the project's construction was first completed.
Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility
Units at the Project
This field captures the number of PBV-assisted units at the project
that are accessible for persons with mobility impairments in accordance
with Section 504 of the Rehabilitation Act of 1973 and HUD's
implementing regulations at 24 CFR part 8. Such units must meet either
the Uniform Federal Accessibility Standards (UFAS) or 2010 Americans
with Disabilities Act (ADA) Standards (in accordance with HUD's Deeming
Notice published in the Federal Register on May 23, 2014 (79 FR
29671)).
Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/
Vision Units at the Project
PHAs would be required to enter this information into the online
form when a new project came under Housing Assistance Payment (HAP)
contract, and when project or development information changed. The
unique project code identifier will tie to future potential changes to
the 50058 which will permit linking HUD assisted-tenants to HUD
assisted-properties. This is a new information collection.
Respondents (i.e. affected public): Public housing authorities
(PHAs) that have project-based vouchers (PBVs) as a part of their
portfolio.
Note: Preparer of this notice may substitute the chart for
everything beginning with estimated number of respondents above:
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Number of Frequency of Responses per Burden hour per Annual burden Hourly cost per
Information collection respondents response annum response hours response Annual cost
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PBV Property Information......... 668 6 4,008 1,5 6,012 $40.10 $241,0188
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Our burden estimate for the number of respondents is based on a
recent VMS total of the number of PHAs reporting PBVs in VMS. It is
assumed PHAs will have to do a one-time submission for all the projects
as well as potentially make updates when changes occur to the PBV
projects (frequency of responses). The ``responses per annum''
represents an estimate of the amount of PBV projects that will need to
be entered into the system. This number is multiplied by the frequency
of responses to arrive at an annual estimate of burden hours. This is
then multiplied by median average wage of a ``Management Analyst''
according to the Bureau of Labor Statistics for 2019 to arrive at a
total annual cost.\1\ It is anticipated that this cost will decline in
subsequent years as PHAs only need to update information already in the
system when changes are made to PBV projects.
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\1\ https://www.bls.gov/oes/current/oes131111.htm.
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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.
(5) In this information collection, HUD has proposed collecting
information on PBV-assisted units in PBV projects that are Section 504
accessible. Would it be feasible and useful to also collect this
information on non-assisted units at PBV projects that do not receive
PBV assistance Project-Based Voucher projects? Are there any potential
barriers to collecting this information?
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.
Dated: December 13, 2019.
Nora McArdle,
Senior Program Analyst, Office of Policy, Program and Legislative
Initiatives.
[FR Doc. 2019-27841 Filed 12-23-19; 8:45 am]
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