81_FR_65113 81 FR 64930 - 60-Day Notice of Proposed Information Collection: Public Comment Request: Notice on Equal Access Regardless of Sexual Orientation, Gender Identity, or Marital Status for HUD's Community Planning and Development Programs

81 FR 64930 - 60-Day Notice of Proposed Information Collection: Public Comment Request: Notice on Equal Access Regardless of Sexual Orientation, Gender Identity, or Marital Status for HUD's Community Planning and Development Programs

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 183 (September 21, 2016)

Page Range64930-64932
FR Document2016-22587

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 (PRA), 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.

Federal Register, Volume 81 Issue 183 (Wednesday, September 21, 2016)
[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64930-64932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22587]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5910-N-12]


60-Day Notice of Proposed Information Collection: Public Comment 
Request: Notice on Equal Access Regardless of Sexual Orientation, 
Gender Identity, or Marital Status for HUD's Community Planning and 
Development Programs

AGENCY: Office of Community Planning and Development, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: HUD is seeking approval from the Office of Management and 
Budget (OMB) for the information collection described below. In 
accordance with the Paperwork Reduction Act (PRA), 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 Date: November 21, 2016.

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 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.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW., Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note:  To receive consideration as public comments, comments 
must be submitted through one of the two methods specified above. 
Again, all submissions must refer to the docket number and title of 
the notice.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Persons who are deaf or hard of hearing or 
have speech impairments may access this number via TTY by calling the 
toll-free Federal Relay Service at 800-877-8339. Copies of all comments 
submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Norm Suchar, Director, Office of 
Special Needs Assistance Programs, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street SW., Washington, DC 20410-7000; telephone number 202-708-4300 
(this is not a toll-free number). Persons who are deaf or hard of 
hearing or have speech impairments can access this number via TTY by 
calling the toll-free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    As noted in the Summary, elsewhere in today's Federal Register, HUD 
is publishing its final rule entitled ``Equal Access in Accordance with 
an Individual's Gender Identity in Community Planning and Development 
Programs.'' Through this final rule, HUD ensures equal access to 
individuals in accordance with their gender identity in programs and 
shelter funded under programs administered by HUD's Office of Community 
Planning and Development (CPD). This rule builds upon HUD's February 
2012 final rule entitled ``Equal Access to Housing in HUD Programs 
Regardless of Sexual Orientation or Gender Identity'' (2012 Equal 
Access Rule), which aimed to ensure that HUD's housing programs would 
be open to all eligible individuals and families regardless of sexual 
orientation, gender identity, or marital status. The 2012 Equal Access 
Rule, however, did not address how transgender and gender non-
conforming individuals should be accommodated in temporary, emergency 
shelters and other buildings and facilities used for shelter that have 
physical limitations or configurations that require and that are 
permitted to have shared sleeping quarters or shared bathing 
facilities.\1\ This final rule published in today's Federal Register 
follows HUD's November 20, 2015 proposed rule, which addressed this 
issue after soliciting public comment. The final rule requires that 
recipients and subrecipients of CPD funding, as well as owners, 
operators, and managers of shelters, and other buildings and facilities 
and providers of services funded in whole or in part by any CPD program 
to grant equal access to such facilities, and other buildings and 
facilities, benefits, accommodations and services to individuals in 
accordance with the individual's gender identity, and in a manner that 
affords equal access to the individual's family.
---------------------------------------------------------------------------

    \1\ Shared sleeping quarters and shared bathing facilities are 
those for simultaneous use by more than one person.
---------------------------------------------------------------------------

    The notice set out in the appendix presents an additional measure 
by HUD to ensure that individuals seeking placement or accommodation in 
a shelter or other building or facility and housing funded under a 
program administered by CPD are aware of HUD's equal access policy, as 
established in HUD's 2012 Equal Access Rule, and elaborated upon in the 
final rule published in today's Federal Register. Through this PRA 
notice, HUD proposes to require owners and operators of CPD-funded 
shelters, housing, buildings and other facilities to post this notice 
on bulletin boards and in other public places where individuals staying 
in the shelter, building, housing or facility or seeking placement or 
accommodation in the shelter, building, housing, or facility would see 
this information. HUD strives to reduce burden by providing the content 
of the notice to be posted and estimates it will take about six minutes 
for owners and operators to print and post this notice. All existing 
and new owners would be required to post the notice only once,

[[Page 64931]]

and ensure that it remains visible to those accessing the shelter, 
housing, or facility.

II. Overview of Information Collection

    Title of Proposal: Notice on Equal Access Regardless of Sexual 
Orientation, Gender Identity, or Marital Status for HUD's Community 
Planning and Development Programs.
    OMB Control Number, if applicable: 2506-new.
    Description of the need for the information and proposed use: As 
noted above, the purpose of the notice set out in the appendix to this 
PRA notice is to ensure that individuals seeking placement or 
accommodation in a shelter, building, housing or facility funded under 
a program administered by CPD are aware of HUD's equal access 
requirements, as established in HUD's 2012 Equal Access Rule, and 
elaborated upon in the final rule published in today's Federal 
Register.
    Agency form numbers, if applicable: Not applicable.
    Members of affected public. Owners and operators of a shelter, 
building, housing or facility funded under programs administered by 
CPD.
    Estimation of the total numbers of hours needed to prepare the 
information collection including number of respondents, frequency of 
response, and hours of response: Please see table below.

                                                           Reporting and Recordkeeping Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Response
         Information collection              Number of       frequency       Total **      Burden hours    Total annual     Hourly rate     Burden cost
                                           respondents *     (average)       responses     per response        hours            ***       per instrument
A                                                      B               C               D               E               F
--------------------------------------------------------------------------------------------------------------------------------------------------------
HOME Investment Partnerships program....          25,350               1          25,350             .10            2535           21.73         $55,085
Community Development Block Grant                   2430               1            2430             .10             243           21.73           5,280
 program (State and Entitlement)........
Housing Opportunities for Persons with               100               1             100             .10              10           21.73             217
 AIDS program...........................
Emergency Solutions Grants program &               6,750               1           6,750             .10             675           21.73          14,667
 Continuum of Care......................
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................          34,630  ..............          34,630  ..............           3,463  ..............          75,249
--------------------------------------------------------------------------------------------------------------------------------------------------------
* No response is required--only the public posting of the notice within the facility.
** This is a one-time burden and does not need to be reposted annually, so long as the original posting remains intact.
*** Annualized Cost @$21.73/hr (Rate for a Social Worker in Individual Family and Services. http://www.bls.gov/oes/current/oes211029.html.

II. Solicitation of 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.
    HUD encourages interested parties to submit comment in response to 
these questions.

     Authority: Section 3507 of the Paperwork Reduction Act of 1995, 
44 U.S.C. Chapter 35.

    Dated: September 14, 2016.
Harriet Tregoning,
Principal Deputy Assistant Secretary for Community Planning and 
Development.

Appendix

Notice on Equal Access Regardless of Sexual Orientation, Gender 
Identity, or Marital Status for HUD's Community Planning and 
Development Programs

    This [shelter/building/housing/facility] receives funding from 
the U.S. Department of Housing and Urban Department's (HUD) Office 
of Community Planning and Development (CPD) and MUST comply with the 
following REQUIREMENTS:
     Determine your eligibility for housing regardless of 
your sexual orientation, gender identity, or marital status, and 
must not discriminate against you because you do not conform to 
gender or sex stereotypes (i.e., because of your gender identity);
     Grant you equal access to CPD programs or facilities 
consistent with your gender identity, and provide your family with 
equal access;
     MUST NOT ask you to provide anatomical information or 
documentary (like your ID), physical, or medical evidence of your 
gender identity; and
     Take non-discriminatory steps when necessary and 
appropriate to address privacy concerns raised by any residents or 
occupants, including you.
    If you think this program has violated any of these 
requirements, including any denial of services or benefits, contact 
your local HUD office for assistance with alleged violations of HUD 
program regulations. Local offices can be found at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/field_policy_mgt/localoffices
    If you believe you have experienced housing discrimination 
because of race, color, religion, national origin, disability, or 
sex, including discrimination because of gender identity, contact 1-
800-669-9777 or file a written complaint with HUD at: www.hud.gov 
``file a discrimination complaint''. Persons who are deaf, hard of 
hearing, or have speech impairments may file a complaint via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.
    To better understand HUD's requirements, the following 
definitions apply:
     Sexual orientation means one's emotional or physical 
attraction to the same and/or opposite sex (e.g. homosexuality, 
heterosexuality, or bisexuality).
     Gender identity means the gender with which a person 
identifies, regardless of the sex assigned to that person at birth 
and regardless of the person's perceived gender identity.
     Perceived gender identity means the gender with which a 
person is perceived to

[[Page 64932]]

identify based on that person's appearance, behavior, expression, 
other gender related characteristics, or sex assigned to the 
individual at birth or identified in documents.

[FR Doc. 2016-22587 Filed 9-20-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                  64930                    Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices

                                                    Dated: September 8, 2016.                             submission of comments allows the                     upon HUD’s February 2012 final rule
                                                  Katherine M. O’Regan,                                   commenter maximum time to prepare                     entitled ‘‘Equal Access to Housing in
                                                  Assistant Secretary, Office of Policy                   and submit a comment, ensures timely                  HUD Programs Regardless of Sexual
                                                  Development and Research.                               receipt by HUD, and enables HUD to                    Orientation or Gender Identity’’ (2012
                                                  [FR Doc. 2016–22722 Filed 9–20–16; 8:45 am]             make them immediately available to the                Equal Access Rule), which aimed to
                                                  BILLING CODE 4210–67–P                                  public. Comments submitted                            ensure that HUD’s housing programs
                                                                                                          electronically through the                            would be open to all eligible individuals
                                                                                                          www.regulations.gov Web site can be                   and families regardless of sexual
                                                  DEPARTMENT OF HOUSING AND                               viewed by other commenters and                        orientation, gender identity, or marital
                                                  URBAN DEVELOPMENT                                       interested members of the public.                     status. The 2012 Equal Access Rule,
                                                                                                          Commenters should follow the                          however, did not address how
                                                  [Docket No. FR–5910–N–12]
                                                                                                          instructions provided on that site to                 transgender and gender non-conforming
                                                  60–Day Notice of Proposed                               submit comments electronically.                       individuals should be accommodated in
                                                  Information Collection: Public                            Note: To receive consideration as public
                                                                                                                                                                temporary, emergency shelters and
                                                  Comment Request: Notice on Equal                        comments, comments must be submitted                  other buildings and facilities used for
                                                  Access Regardless of Sexual                             through one of the two methods specified              shelter that have physical limitations or
                                                  Orientation, Gender Identity, or Marital                above. Again, all submissions must refer to           configurations that require and that are
                                                  Status for HUD’s Community Planning                     the docket number and title of the notice.            permitted to have shared sleeping
                                                                                                             No Facsimile Comments. Facsimile                   quarters or shared bathing facilities.1
                                                  and Development Programs
                                                                                                          (FAX) comments are not acceptable.                    This final rule published in today’s
                                                  AGENCY: Office of Community Planning                       Public Inspection of Public                        Federal Register follows HUD’s
                                                  and Development, HUD.                                   Comments. All properly submitted                      November 20, 2015 proposed rule,
                                                  ACTION: Notice.                                         comments and communications                           which addressed this issue after
                                                                                                          submitted to HUD will be available for                soliciting public comment. The final
                                                  SUMMARY:    HUD is seeking approval from                public inspection and copying between                 rule requires that recipients and
                                                  the Office of Management and Budget                     8 a.m. and 5 p.m. weekdays at the above               subrecipients of CPD funding, as well as
                                                  (OMB) for the information collection                    address. Due to security measures at the              owners, operators, and managers of
                                                  described below. In accordance with the                 HUD Headquarters building, an advance                 shelters, and other buildings and
                                                  Paperwork Reduction Act (PRA), HUD                      appointment to review the public                      facilities and providers of services
                                                  is requesting comment from all                          comments must be scheduled by calling                 funded in whole or in part by any CPD
                                                  interested parties on the proposed                      the Regulations Division at 202–708–                  program to grant equal access to such
                                                  collection of information. The purpose                  3055 (this is not a toll-free number).                facilities, and other buildings and
                                                  of this notice is to allow for 60 days of               Persons who are deaf or hard of hearing               facilities, benefits, accommodations and
                                                  public comment.                                         or have speech impairments may access                 services to individuals in accordance
                                                  DATES: Comments Due Date: November                      this number via TTY by calling the toll-              with the individual’s gender identity,
                                                  21, 2016.                                               free Federal Relay Service at 800–877–                and in a manner that affords equal
                                                                                                          8339. Copies of all comments submitted                access to the individual’s family.
                                                  ADDRESSES: Interested persons are
                                                                                                                                                                   The notice set out in the appendix
                                                  invited to submit comments regarding                    are available for inspection and
                                                                                                                                                                presents an additional measure by HUD
                                                  this proposal. Comments should refer to                 downloading at www.regulations.gov.
                                                                                                                                                                to ensure that individuals seeking
                                                  the proposal by name and/or OMB                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                placement or accommodation in a
                                                  Control Number and should be sent to:                   Norm Suchar, Director, Office of Special              shelter or other building or facility and
                                                  Colette Pollard, Reports Management                     Needs Assistance Programs, Office of                  housing funded under a program
                                                  Officer, QDAM, Department of Housing                    Community Planning and Development,                   administered by CPD are aware of
                                                  and Urban Development, 451 7th Street                   Department of Housing and Urban                       HUD’s equal access policy, as
                                                  SW., Room 4176, Washington, DC                          Development, 451 7th Street SW.,                      established in HUD’s 2012 Equal Access
                                                  20410–5000; telephone 202–402–3400                      Washington, DC 20410–7000; telephone                  Rule, and elaborated upon in the final
                                                  (this is not a toll-free number) or email               number 202–708–4300 (this is not a toll-              rule published in today’s Federal
                                                  at Colette.Pollard@hud.gov for a copy of                free number). Persons who are deaf or                 Register. Through this PRA notice, HUD
                                                  the proposed forms or other available                   hard of hearing or have speech                        proposes to require owners and
                                                  information. Persons with hearing or                    impairments can access this number via                operators of CPD-funded shelters,
                                                  speech impairments may access this                      TTY by calling the toll-free Federal                  housing, buildings and other facilities to
                                                  number through TTY by calling the toll-                 Relay Service at 800–877–8339.                        post this notice on bulletin boards and
                                                  free Federal Relay Service at 800–877–                  SUPPLEMENTARY INFORMATION:                            in other public places where individuals
                                                  8339.                                                                                                         staying in the shelter, building, housing
                                                     1. Submission of Comments by Mail.                   I. Background
                                                                                                                                                                or facility or seeking placement or
                                                  Comments may be submitted by mail to                       As noted in the Summary, elsewhere                 accommodation in the shelter, building,
                                                  the Regulations Division, Office of                     in today’s Federal Register, HUD is                   housing, or facility would see this
                                                  General Counsel, Department of                          publishing its final rule entitled ‘‘Equal            information. HUD strives to reduce
                                                  Housing and Urban Development, 451                      Access in Accordance with an                          burden by providing the content of the
                                                  7th Street SW., Room 10276,                             Individual’s Gender Identity in                       notice to be posted and estimates it will
                                                  Washington, DC 20410–0500.                              Community Planning and Development
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                                                                                                                                                                take about six minutes for owners and
                                                     2. Electronic Submission of                          Programs.’’ Through this final rule, HUD              operators to print and post this notice.
                                                  Comments. Interested persons may                        ensures equal access to individuals in                All existing and new owners would be
                                                  submit comments electronically through                  accordance with their gender identity in              required to post the notice only once,
                                                  the Federal eRulemaking Portal at                       programs and shelter funded under
                                                  www.regulations.gov. HUD strongly                       programs administered by HUD’s Office                   1 Shared sleeping quarters and shared bathing
                                                  encourages commenters to submit                         of Community Planning and                             facilities are those for simultaneous use by more
                                                  comments electronically. Electronic                     Development (CPD). This rule builds                   than one person.



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                                                                               Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices                                                                        64931

                                                  and ensure that it remains visible to                           Description of the need for the                                   Agency form numbers, if applicable:
                                                  those accessing the shelter, housing, or                      information and proposed use: As noted                            Not applicable.
                                                  facility.                                                     above, the purpose of the notice set out                            Members of affected public. Owners
                                                                                                                in the appendix to this PRA notice is to                          and operators of a shelter, building,
                                                  II. Overview of Information Collection                        ensure that individuals seeking
                                                                                                                                                                                  housing or facility funded under
                                                    Title of Proposal: Notice on Equal                          placement or accommodation in a
                                                                                                                                                                                  programs administered by CPD.
                                                                                                                shelter, building, housing or facility
                                                  Access Regardless of Sexual                                                                                                       Estimation of the total numbers of
                                                                                                                funded under a program administered
                                                  Orientation, Gender Identity, or Marital                                                                                        hours needed to prepare the information
                                                                                                                by CPD are aware of HUD’s equal access
                                                  Status for HUD’s Community Planning                                                                                             collection including number of
                                                                                                                requirements, as established in HUD’s
                                                  and Development Programs.                                     2012 Equal Access Rule, and elaborated                            respondents, frequency of response, and
                                                    OMB Control Number, if applicable:                          upon in the final rule published in                               hours of response: Please see table
                                                  2506–new.                                                     today’s Federal Register.                                         below.
                                                                                                             REPORTING AND RECORDKEEPING BURDEN
                                                                                                           Response
                                                                                        Number of                                     Total **         Burden hours              Total annual                                  Burden cost
                                                    Information collection                                 frequency                                                                               Hourly rate ***
                                                                                      respondents *                                 responses          per response                 hours                                     per instrument
                                                                                                           (average)

                                                                A                          B                      C                     D                       E                     F

                                                  HOME Investment Part-
                                                    nerships program .....                   25,350                           1          25,350                         .10               2535                   21.73              $55,085
                                                  Community Develop-
                                                    ment Block Grant
                                                    program (State and
                                                    Entitlement) ..............                2430                           1             2430                         .10               243                   21.73                5,280
                                                  Housing Opportunities
                                                    for Persons with
                                                    AIDS program ...........                    100                           1                 100                     .10                 10                   21.73                  217
                                                  Emergency Solutions
                                                    Grants program &
                                                    Continuum of Care ...                      6,750                          1             6,750                       .10                675                   21.73               14,667

                                                       Total ......................          34,630     ........................         34,630       ........................            3,463    ........................          75,249
                                                     * No response is required—only the public posting of the notice within the facility.
                                                     ** This is a one-time burden and does not need to be reposted annually, so long as the original posting remains intact.
                                                     *** Annualized Cost @$21.73/hr (Rate for a Social Worker in Individual Family and Services. http://www.bls.gov/oes/current/oes211029.html.


                                                  II. Solicitation of Comment                                     Dated: September 14, 2016.                                      concerns raised by any residents or
                                                                                                                Harriet Tregoning,                                                occupants, including you.
                                                     This notice is soliciting comments                                                                                              If you think this program has violated any
                                                  from members of the public and affected                       Principal Deputy Assistant Secretary for                          of these requirements, including any denial
                                                                                                                Community Planning and Development.                               of services or benefits, contact your local
                                                  parties concerning the collection of
                                                  information described in Section A on                         Appendix                                                          HUD office for assistance with alleged
                                                  the following:                                                                                                                  violations of HUD program regulations. Local
                                                                                                                Notice on Equal Access Regardless of Sexual                       offices can be found at: http://portal.hud.gov/
                                                     (1) Whether the proposed collection                        Orientation, Gender Identity, or Marital                          hudportal/HUD?src=/program_offices/field_
                                                  of information is necessary for the                           Status for HUD’s Community Planning and                           policy_mgt/localoffices
                                                  proper performance of the functions of                        Development Programs                                                 If you believe you have experienced
                                                  the agency, including whether the                               This [shelter/building/housing/facility]                        housing discrimination because of race,
                                                  information will have practical utility;                      receives funding from the U.S. Department of                      color, religion, national origin, disability, or
                                                     (2) The accuracy of the agency’s                           Housing and Urban Department’s (HUD)                              sex, including discrimination because of
                                                                                                                                                                                  gender identity, contact 1–800–669–9777 or
                                                  estimate of the burden of the proposed                        Office of Community Planning and
                                                                                                                                                                                  file a written complaint with HUD at:
                                                  collection of information;                                    Development (CPD) and MUST comply with
                                                                                                                                                                                  www.hud.gov ‘‘file a discrimination
                                                     (3) Ways to enhance the quality,                           the following REQUIREMENTS:
                                                                                                                                                                                  complaint’’. Persons who are deaf, hard of
                                                  utility, and clarity of the information to                      • Determine your eligibility for housing                        hearing, or have speech impairments may file
                                                                                                                regardless of your sexual orientation, gender                     a complaint via TTY by calling the Federal
                                                  be collected; and
                                                                                                                identity, or marital status, and must not                         Information Relay Service at (800) 877–8339.
                                                     (4) Ways to minimize the burden of                         discriminate against you because you do not
                                                  the collection of information on those                                                                                             To better understand HUD’s requirements,
                                                                                                                conform to gender or sex stereotypes (i.e.,                       the following definitions apply:
                                                  who are to respond; including through                         because of your gender identity);                                    • Sexual orientation means one’s
                                                  the use of appropriate automated                                • Grant you equal access to CPD programs                        emotional or physical attraction to the same
                                                  collection techniques or other forms of                       or facilities consistent with your gender                         and/or opposite sex (e.g. homosexuality,
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                                                  information technology, e.g., permitting                      identity, and provide your family with equal                      heterosexuality, or bisexuality).
                                                  electronic submission of responses.                           access;                                                              • Gender identity means the gender with
                                                     HUD encourages interested parties to                         • MUST NOT ask you to provide                                   which a person identifies, regardless of the
                                                                                                                anatomical information or documentary (like                       sex assigned to that person at birth and
                                                  submit comment in response to these
                                                                                                                your ID), physical, or medical evidence of                        regardless of the person’s perceived gender
                                                  questions.                                                    your gender identity; and                                         identity.
                                                    Authority: Section 3507 of the Paperwork                      • Take non-discriminatory steps when                               • Perceived gender identity means the
                                                  Reduction Act of 1995, 44 U.S.C. Chapter 35.                  necessary and appropriate to address privacy                      gender with which a person is perceived to



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                                                  64932                    Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices

                                                  identify based on that person’s appearance,             451 7th Street SW., Washington, DC                    demonstrate the absence of parents, or
                                                  behavior, expression, other gender related              20410–8000, telephone (202) 402–6050                  where an examination of the student’s
                                                  characteristics, or sex assigned to the                 (this is not a toll-free number), or                  parents’ income may not be relevant.
                                                  individual at birth or identified in                    Danielle D. Garcia, Branch Chief,                     The 2006 supplementary guidance
                                                  documents.
                                                                                                          Multifamily Housing, Assisted Housing                 instructs PHAs, Owners, and Managers
                                                  [FR Doc. 2016–22587 Filed 9–20–16; 8:45 am]             Oversight Division, Room 6148, U.S.                   to consider certain criteria, including
                                                  BILLING CODE 4210–67–P                                  Department of Housing and Urban                       but not limited to, whether:
                                                                                                          Development, 451 7th Street SW.,                         (1) The individual is of legal contract
                                                                                                          Washington, DC 20410–8000, telephone                  age under state law.
                                                  DEPARTMENT OF HOUSING AND                               (202) 402–2768 (this is not a toll-free                  (2) The individual has established a
                                                  URBAN DEVELOPMENT                                       number). Persons with hearing or                      household separate from parents or legal
                                                  [Docket No. FR–5969–N–01]                               speech impairments may access these                   guardians for at least one year prior to
                                                                                                          numbers through TTY by calling the                    application for occupancy or the
                                                  Eligibility of Independent Students for                 toll-free Federal Relay Service at (800)              individual meets the U.S. Department of
                                                  Assisted Housing Under Section 8 of                     877–8339.                                             Education’s definition of an
                                                  the U.S. Housing Act of 1937;                                                                                 ‘‘independent student.’’ Section 480(d)
                                                                                                          SUPPLEMENTARY INFORMATION
                                                  Additional Supplementary Guidance                                                                             of the Higher Education Act of 1965, as
                                                                                                          I. Background                                         amended (the HEA), 20 U.S.C.
                                                  AGENCY:  Office of the Assistant                                                                              1087vv(d).
                                                  Secretary for Housing-Federal Housing                      Section 327 of HUD’s Fiscal Year
                                                                                                                                                                   (3) The individual is not claimed as
                                                  Commissioner, and Office of the                         2006 appropriations, Title III of Public
                                                                                                                                                                a dependent by parents or legal
                                                  Assistant Secretary for Public and                      Law 109–115, 119 Stat. 2936, approved
                                                                                                                                                                guardians pursuant to IRS regulations.
                                                  Indian Housing, HUD.                                    November 30, 2005 (2006 HUD                              (4) The individual obtains a
                                                  ACTION: Notice.                                         Appropriations Act), introduced new                   certification of the amount of financial
                                                                                                          restrictions on providing housing                     assistance that will be provided by
                                                  SUMMARY:    On December 30, 2005, HUD                   assistance to students of higher                      parents, signed by the individual
                                                  published a final rule (FR–5036–F–01),                  education under section 8 of the United               providing the support, even if no
                                                  ‘‘Eligibility of Students for Assisted                  States Housing Act of 1937 (42 U.S.C.                 assistance will be provided.
                                                  Housing under Section 8 of the U.S.                     1437f) (1937 Act). On December 30,                       The 2006 supplemental guidance also
                                                  Housing Act of 1937’’, implementing                     2005, at 70 FR 77742, HUD published a                 provided a list of items that PHAs,
                                                  section 327 of the agency’s Fiscal Year                 final rule implementing section 327 of                Owners, and Managers must verify to
                                                  2006 appropriations, Title III of Public                the Act (Section 327) in accordance                   determine whether a student is
                                                  Law 109–115, 119 Stat. 2936, approved                   with the statutory requirement that HUD               independent for purposes of using the
                                                  November 30, 2005 (2006 HUD                             issue a final rule no later than 30 days              student’s income alone for determining
                                                  Appropriations Act). Section 327                        following enactment of the 2006 HUD                   Section 8 eligibility (Student’s
                                                  requires that if an individual is enrolled              Appropriations Act. HUD’s rule                        Independence Verification
                                                  at an institution of higher education                   implementing the statute prohibits                    Requirements). Those items include:
                                                  (i.e., student) is under the age of 24, is              section 8 assistance to an individual                    (1) Previous address information to
                                                  not a veteran, is unmarried and does not                who is enrolled at an institution of                  determine evidence of a separate
                                                  have a dependent child, is individually                 higher education (i.e., students), is                 household, or verifying the student
                                                  ineligible for assistance under section 8               under the age of 24, is not a veteran, is             meets the U.S. Department of
                                                  of the United States Housing Act of                     unmarried, does not have a dependent                  Education’s definition of ‘‘independent
                                                  1937 (section 8 assistance), or the                     child, and is individually ineligible for             student’’;
                                                  student’s parents are, individually or                  section 8 assistance or has parents who                  (2) prior year income tax returns to
                                                  jointly, ineligible for assistance, no                  are, individually or jointly, ineligible on           verify if a parent or guardian has
                                                  section 8 assistance can be provided to                 the basis of income to receive                        claimed the student as a dependent,
                                                  the student.                                            assistance.                                           except if the student meets the
                                                     On April 10, 2006, HUD published                        On April 10, 2006, at 71 FR 18146,                 Department of Education definition of
                                                  supplemental guidance to assist                         HUD issued supplementary guidance to                  ‘‘independent student’’; and
                                                  providers in implementing the final                     further assist Public Housing Agencies                   (3) written certification by a parent of
                                                  rule. That supplemental guidance                        (PHAs) and multifamily project owners                 the amount of financial support that
                                                  provided a list of items that Public                    and management agents (Owners and                     parent provides to the student, or
                                                  Housing Agencies, Owners, and                           Managers) with the implementation of                  written certification that the parent
                                                  Managers are required to verify when                    the new eligibility restrictions (2006                provides no financial support to the
                                                  determining whether a student’s income                  supplementary guidance). HUD’s 2006                   student.
                                                  alone should be used to determine                       supplementary guidance provided                          HUD also adopted in Appendix A of
                                                  section 8 eligibility, and this notice                  certain exceptions to the requirement                 the 2006 supplementary guidance the
                                                  updates that list of items to remain                    that the eligibility of a student seeking             U.S. Department of Education’s (ED)
                                                  consistent with the U.S. Department of                  section 8 assistance would be                         definition of ‘‘independent student’’
                                                  Education’s definition of ‘‘independent                 determined based on income eligibility                from the HEA. ED’s definition provided
                                                  student,’’ and reduce barriers for                      for the assistance by both the student                that an ‘‘independent student’’ is a
                                                  vulnerable youth to receive assistance                  and the student’s parents. HUD’s 2006                 student who meets one or more of the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  and continue their education.                           supplementary guidance explained that                 following criteria: (a) Is at least 24 years
                                                  FOR FURTHER INFORMATION CONTACT:                        a student, under the age of 24 who                    old by December 31 of the award year
                                                  Rebecca L. Primeaux, Director, Housing                  meets the additional criteria of Section              for which aid is sought; (b) is an orphan
                                                  Voucher Management and Operations                       327, may still be income eligible for                 or a ward of the court through the age
                                                  Division, Office of Public and Indian                   assistance in circumstances where the                 of 18; (c) is a veteran of the United
                                                  Housing, Room 4214, U.S. Department                     student can demonstrate independence                  States Armed Forces; (d) has legal
                                                  of Housing and Urban Development,                       from parents, where the student can                   dependents other than a spouse (for


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Document Created: 2016-09-21 01:31:31
Document Modified: 2016-09-21 01:31:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactNorm Suchar, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410-7000; telephone number 202-708-4300 (this is not a toll-free number). Persons who are deaf or hard of hearing or have speech impairments can access this number via TTY by calling the toll-free Federal Relay Service at 800-877-8339.
FR Citation81 FR 64930 

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