80 FR 17766 - Implementation of the Privacy Act of 1974, as Amended; New System of Records, the Housing Search Process for Racial and Ethnic Minorities Evaluation Data Files

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 80, Issue 63 (April 2, 2015)

The Department's Office of Policy Development and Research (PD&R) is proposing to create a new system of records, the ``Housing Search Process for Racial and Ethnic Minorities Evaluation Data Files.'' The Department's Office of PD&R is responsible for maintaining current information on housing needs, market conditions and existing programs, as well as conducting research on priority housing and community development issues. The principal purpose of the evaluation of the Housing Search Process for Racial and Ethnic Minorities is to: Help guide the Department's research toward a more comprehensive understanding of the rental housing search processes for individual households; Make informed decisions on the development of more effective enforcement strategies to combat discriminatory practices; Identify ways to expand housing opportunities for racial and ethnic minorities. Further, HUD's Office of Housing Counseling for rental housing assistance, and the Office of Housing Choice Vouchers, among others will leverage the outcome study results for policy development and best practices aimed to ``build inclusive and sustainable communities free from discrimination'', and to identify and correct barriers that racial and ethnic minorities may experiences in the rental housing market. Finally, this study will allow the Department to leverage its own regular data collection efforts, like the American Housing Survey (AHS), to document the complexities of the housing search process at scale nationwide. A more detailed description of this system is contained in the ``Purpose'' caption of this system of records notice.

[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17766-17769]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07610]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5843-N-04]


Implementation of the Privacy Act of 1974, as Amended; New System 
of Records, the Housing Search Process for Racial and Ethnic Minorities 
Evaluation Data Files

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: New system of records.

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SUMMARY: The Department's Office of Policy Development and Research 
(PD&R) is proposing to create a new system of records, the ``Housing 
Search Process for Racial and Ethnic Minorities Evaluation Data 
Files.'' The Department's Office of PD&R is responsible for maintaining 
current information on housing needs, market conditions and existing 
programs, as well as conducting research on priority housing and 
community development issues.
    The principal purpose of the evaluation of the Housing Search 
Process for Racial and Ethnic Minorities is to: Help guide the 
Department's research toward a more comprehensive understanding of the 
rental housing search processes for individual households; Make 
informed decisions on the development of more effective enforcement 
strategies to combat discriminatory practices; Identify ways to expand 
housing opportunities for racial and ethnic minorities. Further, HUD's 
Office of Housing Counseling for rental housing assistance, and the 
Office of Housing Choice Vouchers, among others will leverage the 
outcome study results for policy development and best practices aimed 
to ``build inclusive and sustainable communities free from 
discrimination'', and to identify and correct barriers that racial and 
ethnic minorities may experiences in the rental housing market. 
Finally, this study will allow the Department to leverage its own 
regular data collection efforts, like

[[Page 17767]]

the American Housing Survey (AHS), to document the complexities of the 
housing search process at scale nationwide. A more detailed description 
of this system is contained in the ``Purpose'' caption of this system 
of records notice.

DATES: Effective Date: The notice will be effective May 4, 2015, unless 
comments are received that would result in a contrary determination.
    Comments Due Date: May 4, 2015.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of the General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 10276, Washington, DC 20410-0500. Communication should refer to 
the above docket number and title. A copy of each communication 
submitted will be available for public inspection and copying between 
8:00 a.m. and 5:00 p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Donna Robinson-Staton, Chief Privacy 
Officer, 451 Seventh Street SW., Washington, DC 20410 (Attention: 
Capitol View Building, 4th Floor), telephone number: (202) 402-8073. 
[The above telephone number is not a toll free number.] A 
telecommunications device for hearing- and speech-impaired persons 
(TTY) is available by calling the Federal Information Relay Service's 
toll-free telephone number (800) 877-8339.

SUPPLEMENTARY INFORMATION: This system of records will be operated by 
HUD's Office of PD&R and will include personally identifiable 
information (PII) of participants in the Housing Search Process for 
Racial and Ethnic Minorities that will be retrieved from the system by 
a name or unique identifier. The new system of records will encompass 
information on program and services administered by the Department. 
Publication of this notice allows the Department to satisfy its 
reporting requirement and keep an up-to-date accounting of its system 
of records publications. The new system of records will incorporate 
Federal privacy requirements and the Department's policy requirements. 
The Privacy Act provides individuals with certain safeguards against an 
invasion of personal privacy by requiring Federal agencies to protect 
records contained in an agency system of records from unauthorized 
disclosure, by ensuring that information is current and collected only 
for its intended use, and by providing adequate safeguards to prevent 
misuse of such information. Additionally, this notice demonstrates the 
Department's focus on industry best practices to protect the personal 
privacy of the individuals covered by this system of records notice.
    This notice states the name and location of the record system, the 
authority for and manner of its operations, the categories of 
individuals that it covers, the type of records that it contains, the 
sources of the information for the records, the routine uses made of 
the records and the type of exemptions in place for the records. In 
addition, this notice includes the business addresses of Department 
officials' who will inform interested persons of the procedures whereby 
they may gain access to and/or request amendments to records pertaining 
to them.
    This publication does meet the SORN threshold requirements pursuant 
to the Privacy Act and OMB Circular A-130, and a report was submitted 
to the Office of Management and Budget (OMB), the Senate Committee on 
Homeland Security and Governmental Affairs, and the House Committee on 
Government Reform as instructed by Paragraph 4c of Appendix l to OMB 
Circular No. A-130, ``Federal Agencies Responsibilities for Maintaining 
Records About Individuals,'' July 25, 1994 (59 FR 37914).

    Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).

    Dated: March 27, 2015.
Rafael C. Diaz,
Chief Information Officer.
SYSTEM OF RECORDS NO.:
    PD&R/RRE.04

SYSTEM NAME:
    Housing Search Process for Racial and Ethnic Minorities Evaluation 
Data Files.

SYSTEM LOCATION:
    The Department of Housing and Urban Development, 451 Seventh Street 
SW., Washington, DC 20140; The Urban Institute, 2100 M Street NW., 
Washington, DC 20037; The SSRS, 53 West Baltimore Pike Media, PA 19063.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by the system will include 
records on participants in the Housing Search Process for Racial and 
Ethnic Minorities who have agreed to be part of the outcome study.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system will include the 
participants name, home address, telephone number, and personal email 
address.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The authority for the collection of records, and the maintenance of 
this system is authorized by Sections 501-502 of the Housing and Urban 
Development Act of 1970 (Public Law 91-609), 12 U.S.C. 1701z-1, 1701z-2 
and Title VIII of the Civil Rights Act of 1968, as amended by the Fair 
Housing Act of 1988 (42 U.S.C. 3601.)

PURPOSE(S):
    The purpose of the evaluation of the Housing Search Process for 
Racial and Ethnic Minorities is to allow the Department to address 
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), which 
prohibits discrimination in the rental market based on race and/or 
ethnicity and charges HUD to study the nature and extent of these 
discriminations. It is suspected that the differences between the 
rental housing search process employed by racial and/or ethnic 
minorities and other populations may have significant consequences for 
the housing opportunities available to minority households and the 
strategies needed to combat racial and ethnic discrimination. HUD 
fulfills its obligations under this study by using multiple methods, 
including its flagship paired-testing studies to leverage search 
criteria gained from individuals during their rental housing search 
process. In the past, vigorous experiments have shown that people of 
different racial and/or ethnic groups are treated differently by 
landlords and real estate agents. This study will help the Department 
gain an understanding of the racial and ethnic differences experienced 
by individuals during the housing search process and will identify the 
important factors needed to address a common critique under the 
existing studies. National HUD-funded studies of housing discrimination 
routinely measure their results assuming a common search pattern 
defined by the testing protocols executed by both the minority and the 
nonminority testers. As a result, the Department is unable to 
understand whether these stages of the process capture the audit 
studies mapped to what people actually do when they search for rental 
housing. For example, in a housing search, an individual interacts with 
a landlord in the way that the audit studies capture. However, the 
interaction may not come about in the manner assumed by an audit study 
methodology (i.e. finding a listing on the internet or in the 
newspaper). The Department is also unaware of how the searcher decided 
to inquire about the unit, what factors shaped that decision, how the 
searcher interprets the

[[Page 17768]]

interaction with the landlord, and how this interaction shapes the 
searcher's subsequent housing search decisions. In other words, though 
the Department may know a great deal about what happens in terms of 
race and ethnicity at the point of the interaction between a 
prospective tenant and landlord, it knows very little about what 
precedes or follows that interaction, and how these factors ultimately 
affect housing outcomes.
    The research team plans to implement two original data collection 
activities designed specifically to begin fleshing out a more detailed 
conceptual framework for the housing search process by: (1) Exploring 
dimensions completely absent in existing survey data, (2) gathering 
information at different time points during active housing searches--a 
technique yet untested--and (3) engaging only respondents who are 
currently searching or have moved in the past two months to improve 
upon the often nebulous reporting windows of the existing survey data. 
For example, the AHS asks respondents to report on their search 
behavior and priorities up to 24 months after the search is complete. 
On the other hand, even though the Chicago Area Study (CAS), provides 
the most detailed information about search processes, it still asks 
respondents to recall searches happening as much as 10 years after the 
search.
    There are two exploratory data collection activities:
    1. The Housing Search Study (HSS) will consist of 525 half-hour, 
one-time phone cognitive testing interviews with diverse respondents 
who have moved into a rental property within the last two months. In 
addition, the HSS will follow 175 people actively engaged in a search 
for a rental property over a period of up to 28 days. The number of 
cognitive testing interviews for current searchers will depend on the 
status of each respondent's housing search. All respondents will 
participate in an initial interview at time 1 (to last 30 minutes) and 
will receive a follow-up call two weekends later at time 2 (to last 20 
minutes). Only respondents who are still actively searching at time 2 
will receive a follow-up call at time 3 (also to last 20 minutes). 
Cognitive tests with current searchers are designed to map the 
iterative and dynamic qualities of housing search.
    2. In-depth interviews will consist of one-time, 1-hour long in-
person conversations with 48 respondents identified through the first 
two original data collection efforts to explore the narratives 
surrounding the most salient racial/ethnic differences in the housing 
search process and outcomes that emerge from early analyses of data 
from the cognitive tests.
    The goal of the original data collection activities is not to 
estimate the prevalence of racial and/or ethnic differences in the 
housing search, but rather to develop a nuanced understanding of the 
process and identify potential drivers of racial and/or ethnic 
differences in order to inform the design of future fair-housing 
testing methodologies for potential points of intervention for HUD 
programs. All original data collection activities will be conducted in 
the Washington DC metropolitan area. Those who agree to participate in 
the study will have an opportunity to receive up to 200 dollars, 
depending on their level of participation in the study. In-depth 
interview respondents will be recruited from those who participate in 
the shorter, earlier interviews. The research team will analyze 
existing datasets including the Panel Study of Income Dynamics (PSID), 
the AHS, and the CAS. This analysis will leverage these surveys' strong 
sampling design to provide estimates of prevalence as well as 
statistically valid tests of racial and/or ethnic differences in the 
population for the very limited number of housing search related 
variables.

PURPOSE OF THE DATA COLLECTION:
    This submission requests approval for original data collection 
tasks 1 and 2--the HSS and the in-depth interviews will be merged with 
other planned analyses of secondary data to provide large-scale, 
nuanced information to address the task order research questions as 
articulated in the RFP:
     What are the primary ways that racial and ethnic 
minorities search for rental housing?
     To what extent are these patterns different from the 
housing search patterns of whites?
     What parts of these search patterns would be easy to 
document?
     What parts would be hard to document?
     What can be clearly demonstrated or inferred about the 
consequences of these differences for relative housing opportunities?
     What can be clearly demonstrated or inferred about the 
consequences of these differences about the ability to test for 
enforcement purposes?
     What can be clearly demonstrated or inferred about the 
consequences of these differences about appropriate educational 
programs?
     What are the most promising areas for further research, 
both on substantive importance grounds and feasibility of available 
research strategies?

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
Section 552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside HUD as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To Urban Institute staff to track study participants and locate 
participants for a future follow-up interview. Staff may also use the 
data files to match with other datasets for tracking purposes, such as 
change of address and credit bureau databases;
    2. To appropriate agencies, entities, and persons to the extent 
that such disclosures are compatible with the purpose for which the 
records in this system were collected, as set forth by Appendix I \1\--
HUD's Library of Routine Uses published in the Federal Register (July 
17, 2012, at 77 FR 41996); and
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    \1\ http://portal.hud.gov/hudportal/documents/huddoc?id=append1.pdf.
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    3. To appropriate agencies, entities, and persons when: a) HUD 
suspects or has confirmed that the security or confidentiality of 
information in a system of records has been compromised; b) HUD has 
determined that as a result of the suspected or confirmed compromise, 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of systems or 
programs (whether maintained by HUD or another agency or entity) that 
rely upon the compromised information; and c) the disclosure made to 
such agencies, entities, and persons is reasonably necessary to assist 
in connection with HUD's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm for 
purposes of facilitating responses and remediation efforts in the event 
of a data breach.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    All data collected will be input and stored in a secure database. 
Hard-copy materials containing respondent identifying information will 
be locked up when not in use. PII will be accessible to the research 
team only at the Urban Institute and SSRS system locations. PII will be 
accessible by the Urban Institute and the file will not be

[[Page 17769]]

shared or accessed by HUD. All hard-copy materials, including completed 
forms and electronic records on transportable media, will be kept in 
locked cabinets when not in use. In addition, data on transportable 
media will be encrypted. Records with PII will not be printed. Records 
and the file will be destroyed by the Urban Institute at the completion 
of the study.

RETRIEVABILITY:
    Records within the contact database will be retrieved by name, home 
address, telephone number, and personal email address.

RETENTION AND DISPOSAL:
    The retention and disposal procedures will be in keeping with HUD's 
records management statutory obligations as described in 44 U.S.C. 3101 
and 3303. Records will be maintained for a period not to exceed five 
years. All PII associated with the project will be destroyed by Urban 
Institute and their subcontractors or otherwise rendered irrecoverable 
per NIST Special Publication 800-88 ``Guidelines for Media 
Sanitization'' (September 2006) at the end of the contract.
    At the end of the contract, paper-based records that do not need to 
be retained will be shredded and the remainder of the files will be 
shredded after the three-year retention period required in the 
contract.

 SAFEGUARDS:
    Access to any server, security, storage, backup, and infrastructure 
equipment is monitored, restricted to only those with a need-to-have 
system access, including being secured by administrative password and 
authentication methods. All system users are required to sign a 
confidentiality pledge to abide by corporate policies and by HUD 
policies. There are no paper-based records associated with this study.

SYSTEM MANAGER(S) AND ADDRESS:
    Carol Star, Director, Division of Program Evaluation, Office of 
Policy Development and Research, Department of Housing and Urban 
Development, 451 Seventh Street SW., Washington, DC 20410, Telephone 
Number (202) 402-6139.

NOTIFICATION AND RECORD ACCESS PROCEDURES:
    For information, assistance, or inquiries about the existence of 
records, contact Donna Robinson-Staton, Chief Privacy Officer, U.S. 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 4156, Washington, DC 20410 (Attention: Capitol View Building, 4th 
Floor), telephone number: (202) 402-8073. Verification of your identity 
must include original signature and be notarized. Written request must 
include the full name, Social Security Number, date of birth, current 
address, and telephone number of the individual making the request.

CONTESTING RECORD PROCEDURES:
    The Department's rules for contesting contents of records and 
appealing initial denials appear in 24 CFR, Part 16. Additional 
assistance may be obtained by contacting: Donna Robinson-Staton, Chief 
Privacy Officer, U.S. Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410 (Attention: Capitol View 
Building, 4th Floor), telephone number: (202) 402-8073; or the HUD 
Departmental Privacy Appeals Officers, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Washington DC 20410.

RECORD SOURCE CATEGORIES:
    The individual study participants in the surveys will be recruited 
through a variety of neighborhood-level organizations, requesting 
voluntary participation. The data will be gathered from and supplied by 
a limited number of in-depth interviews of some members of the testing 
group, and the study participants: including recent movers and current 
housing searchers in large scale cognitive testing.
    The varied methods, designed to reach out to diverse populations, 
include:
     Media and advertising--A display of promotional posters 
about the study on buses in District of Columbia, flyers, emails, and 
Facebook posting.
     Online presence--Web page hosted for the study that 
explains its purpose, incentives, the organization implementing the 
study, and that provides instructions for participation.
     Community partnerships--A partnership to be establish with 
a variety of different private and nonprofit organizations, including 
rental assistance housing counseling agencies, community organizations, 
and businesses to help promote the study among their constituents.
     Snowball sampling--Referrals of respondents of cognitive 
testing who may be eligible.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 2015-07610 Filed 4-1-15; 8:45 am]
BILLING CODE CODE 4210-67-P