81_FR_73334 81 FR 73129 - Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants That Receive a Community Development Block Grant of $500,000 or Less

81 FR 73129 - Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants That Receive a Community Development Block Grant of $500,000 or Less

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 205 (October 24, 2016)

Page Range73129-73130
FR Document2016-25637

This notice advises that HUD is extending the deadline for submission of an Assessment of Fair Housing (AFH) by consolidated plan program participants that received in Fiscal Year (FY) 2015 or receive in a subsequent fiscal year a Community Development Block Grant of $500,000 or less, or in the case of a HOME consortium, whose members collectively received a CDBG grant of $500,000 or less, from the program year that begins on or after January 1, 2018, to the program year that begins on or after January 1, 2019 for which a new consolidated plan is due, the same date that qualified public housing agencies (PHAs) are to submit their AFHs.

Federal Register, Volume 81 Issue 205 (Monday, October 24, 2016) 
[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73129-73130]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25637]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5173-N-11]


Affirmatively Furthering Fair Housing: Extension of Deadline for 
Submission of Assessment of Fair Housing for Consolidated Plan 
Participants That Receive a Community Development Block Grant of 
$500,000 or Less

AGENCY: Office of the Assistance Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice.

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SUMMARY: This notice advises that HUD is extending the deadline for 
submission of an Assessment of Fair Housing (AFH) by consolidated plan 
program participants that received in Fiscal Year (FY) 2015 or receive 
in a subsequent fiscal year a Community Development Block Grant of 
$500,000 or less, or in the case of a HOME consortium, whose members 
collectively received a CDBG grant of $500,000 or less, from the 
program year that begins on or after January 1, 2018, to the program 
year that begins on or after January 1, 2019 for which a new 
consolidated plan is due, the same date that qualified public housing 
agencies (PHAs) are to submit their AFHs.

DATES: Effective Date: October 24, 2016.

FOR FURTHER INFORMATION CONTACT: Adam Norlander, Special Assistant, 
Office of Community Planning and Development, Department of Housing and 
Urban Development, 451 7th Street SW., Room 7100, Washington, DC 20410; 
telephone number 202-402-3778 (toll-free). Individuals with hearing or 
speech impediments may access this number via TTY by calling the toll-
free Federal Relay Service during working hours at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 16, 2015, at 80 FR 42357, HUD published in the Federal 
Register its Affirmatively Furthering Fair Housing (AFFH) final rule. 
The AFFH final rule provides HUD program participants with a new 
approach for planning for fair housing outcomes that will assist them 
in meeting their statutory obligation to affirmatively further fair 
housing as required by the Fair Housing Act, 42 U.S.C. 3608. To assist 
HUD program participants in meeting this obligation, the AFFH rule 
provides that program participants must conduct an Assessment of Fair 
Housing (AFH) using an ``Assessment Tool.''
    HUD's AFFH regulations codified in 24 CFR part 5 provide, in Sec.  
5.160, for a staggered AFH submission deadline for its program 
participants. For example, Sec.  5.160 provides that for their first 
AFH, consolidated program participants, except for program participants 
that received a FY 2015 CDBG grant of $500,000 or less, must submit an 
AFH no later than 270 calendar days prior to the start of their program 
year that begins on or after January 1, 2017 for which a new 
consolidated plan is due. Section 5.160 provides that consolidated 
program participants that received a FY 2015 CDBG grant of $500,000 or 
less must submit their first AFH no later than 270 calendar days prior 
to the start of the program year that begins on or after January 1, 
2018 for which a new consolidated plan is due. Section 5.160 provides 
that qualified public housing agencies (PHAs) \1\ must submit their 
first AFH no later than 270 calendar days prior to the start of the 
fiscal year that begins on or after January 1, 2019 for which a new 5-
year plan is due.
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    \1\ ``Qualified PHA,'' is defined in section 2702 of title VII 
of the Housing and Economic Recovery Act (HERA) (Public Law 110-289, 
approved July 30, 2008). Section 2702 of HERA defines ``qualified 
PHA'' as a PHA: (1) for which the sum of (i) the number of public 
housing dwelling units administered by PHA, and (ii) the number of 
vouchers under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) administered by the PHA is 550 or fewer; and 
(2) that is not designated under section 6(j)(2) of the United 
States Housing Act as a troubled PHA, and does not have a failing 
score under the Section 8 Management Assessment Program during the 
prior 12 months. HUD codified this statutory definition in its 
regulations on Public Housing Agency Plans at 24 CFR part 903, and 
the definition of ``qualified PHA'' is found at Sec.  903.3(c).
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    By notice published in the Federal Register on January 15, 2015, at 
80 FR 2062, prior to publication of the AFFH final rule, HUD announced 
its intention to provide a later AFH submission deadline for certain 
program participants that are typically small entities, such as 
qualified PHAs, or in the case of consolidated program participants 
that receive a small CDBG grant of $350,000 or less. HUD solicited 
public comment with the notice for a period of 30 days, on its January 
15, 2015, and public feedback was favorable to HUD's proposal to 
provide later AFH submission deadlines for smaller program participants 
and program participants that received a smaller CDBG grant. In 
consideration of public comment received on the January 15, 2015, 
notice, and, as noted above, in the AFFH final rule, HUD provided a 
separate submission deadline for QPHAs; that is, their first AFH is due 
no later than 270 calendar days prior to the start of the fiscal year 
that begins on or after January 1, 2019 for which a new

[[Page 73130]]

5-year plan is due. For consolidated program participants that received 
an FY 2015 CDBG grant of $500,000 or less, their first AFH must be 
submitted not later than 270 days prior to the start of the program 
year that begins on or after January 1, 2018 for which a new 
consolidated plan is due. In response to public comment, HUD raised the 
dollar amount of the CDBG grant from $350,000 to $500,000.
    Through this notice, HUD is extending the AFH submission deadline 
for the first AFH submission for consolidated program participants that 
received an FY 2015 CDBG grant of $500,000 or less, or in the case of 
HOME consortia, whose members collectively received an FY 2015 CDBG 
grant of $500,000 or less, to the same AFH submission deadline as 
QPHAs. For consolidated program participants that received an FY 2015 
CDBG grant of $500,000 or less, their first AFH is due no later than 
270 calendar days prior to the start of the program year that begins on 
or after January 1, 2019, for which a new consolidated plan is due.
    Through this notice, HUD also advises that the AFH submission 
deadline for program participants that received an FY 2015 CDBG grant 
of $500,000 or less also applies to new consolidated program 
participants that received a small CDBG grant in FY 2016, or receive a 
small CDBG grant in FY 2017 or FY 2018.
    Consolidated Plan program participants that receive this extension 
must continue to comply with existing, ongoing obligations to 
affirmatively further fair housing. Until a consolidated plan program 
participant has submitted its first AFH, it will continue to provide 
the AFFH Consolidated Plan certification in accordance with the 
regulations that existed prior to August 17, 2015. (See 24 CFR 
5.160(3).) The prior certification provides that program participants 
will conduct an analysis to identify impediments (AI) to fair housing 
choice within the jurisdiction, take appropriate actions to overcome 
the effects of any impediments identified through that analysis, and 
maintain records reflecting the analysis and actions. For Consolidated 
Plan program participants that are starting a new 3-5 year Consolidated 
Plan cycle that begins before their due date for an AFH or for 
Consolidated Plan program participants that otherwise have old or out-
of-date AIs, the AI should continue to be updated in accordance with 
the Fair Housing Planning Guide until those Consolidated Plan program 
participants convert to the new AFFH process.

    Dated: October 13, 2016.
Gustavo Velasquez,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 2016-25637 Filed 10-21-16; 8:45 am]
 BILLING CODE 4210-67-P

Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Notices 73129 (1) Evaluate whether the proposed DEPARTMENT OF HOUSING AND staggered AFH submission deadline for collection of information is necessary URBAN DEVELOPMENT its program participants. For example, for the proper performance of the § 5.160 provides that for their first AFH, [Docket No. FR–5173–N–11] functions of the agency, including consolidated program participants, whether the information will have Affirmatively Furthering Fair Housing: except for program participants that practical utility; Extension of Deadline for Submission received a FY 2015 CDBG grant of (2) Evaluate the accuracy of the $500,000 or less, must submit an AFH of Assessment of Fair Housing for agency’s estimate of the burden of the no later than 270 calendar days prior to Consolidated Plan Participants That proposed collection of information, the start of their program year that Receive a Community Development including the validity of the begins on or after January 1, 2017 for Block Grant of $500,000 or Less methodology and assumptions used; which a new consolidated plan is due. (3) Enhance the quality, utility, and AGENCY: Office of the Assistance Section 5.160 provides that clarity of the information to be Secretary for Fair Housing and Equal consolidated program participants that collected; and Opportunity, HUD. received a FY 2015 CDBG grant of (4) Minimize the burden of the ACTION: Notice. $500,000 or less must submit their first collection of information on those who AFH no later than 270 calendar days are to respond, including through the SUMMARY: This notice advises that HUD prior to the start of the program year use of appropriate automated, is extending the deadline for submission that begins on or after January 1, 2018 electronic, mechanical, or other of an Assessment of Fair Housing (AFH) for which a new consolidated plan is technological collection techniques or by consolidated plan program due. Section 5.160 provides that other forms of information technology, participants that received in Fiscal Year qualified public housing agencies e.g., permitting electronic submission of (FY) 2015 or receive in a subsequent (PHAs) 1 must submit their first AFH no responses. fiscal year a Community Development later than 270 calendar days prior to the Overview of This Information Block Grant of $500,000 or less, or in start of the fiscal year that begins on or Collection the case of a HOME consortium, whose after January 1, 2019 for which a new members collectively received a CDBG 5-year plan is due. (1) Type of Information Collection: grant of $500,000 or less, from the By notice published in the Federal Extension, Without Change, of a program year that begins on or after Register on January 15, 2015, at 80 FR Currently Approved Collection. January 1, 2018, to the program year that 2062, prior to publication of the AFFH (2) Title of the Form/Collection: final rule, HUD announced its intention begins on or after January 1, 2019 for Record of Abandonment of Lawful to provide a later AFH submission which a new consolidated plan is due, Permanent Resident Status. deadline for certain program (3) Agency form number, if any, and the same date that qualified public housing agencies (PHAs) are to submit participants that are typically small the applicable component of the DHS their AFHs. entities, such as qualified PHAs, or in sponsoring the collection: Form I–407; DATES: Effective Date: October 24, 2016. the case of consolidated program USCIS. participants that receive a small CDBG (4) Affected public who will be asked FOR FURTHER INFORMATION CONTACT: grant of $350,000 or less. HUD solicited or required to respond, as well as a brief Adam Norlander, Special Assistant, public comment with the notice for a abstract: Primary: Individuals or Office of Community Planning and period of 30 days, on its January 15, households. Lawful Permanent Development, Department of Housing 2015, and public feedback was favorable Residents (LPRs) use Form I–407 to and Urban Development, 451 7th Street to HUD’s proposal to provide later AFH inform USCIS and formally record their SW., Room 7100, Washington, DC submission deadlines for smaller abandonment of lawful permanent 20410; telephone number 202–402–3778 program participants and program resident status. U.S. Citizenship and (toll-free). Individuals with hearing or participants that received a smaller Immigration Services uses the speech impediments may access this CDBG grant. In consideration of public information collected in Form I–407 to number via TTY by calling the toll-free comment received on the January 15, record the LPR’s abandonment of lawful Federal Relay Service during working 2015, notice, and, as noted above, in the permanent resident status. hours at 1–800–877–8339. (5) An estimate of the total number of AFFH final rule, HUD provided a SUPPLEMENTARY INFORMATION: separate submission deadline for respondents and the amount of time estimated for an average respondent to I. Background QPHAs; that is, their first AFH is due no respond: 12,527 responses at 15 minutes later than 270 calendar days prior to the On July 16, 2015, at 80 FR 42357, start of the fiscal year that begins on or per response. HUD published in the Federal Register (6) An estimate of the total public after January 1, 2019 for which a new its Affirmatively Furthering Fair burden (in hours) associated with the Housing (AFFH) final rule. The AFFH 1 ‘‘Qualified PHA,’’ is defined in section 2702 of collection: 3,132 annual burden hours. final rule provides HUD program title VII of the Housing and Economic Recovery Act (7) An estimate of the total public participants with a new approach for (HERA) (Public Law 110–289, approved July 30, burden (in cost) associated with the planning for fair housing outcomes that 2008). Section 2702 of HERA defines ‘‘qualified collection: The estimated total annual will assist them in meeting their PHA’’ as a PHA: (1) for which the sum of (i) the cost burden associated with this number of public housing dwelling units statutory obligation to affirmatively administered by PHA, and (ii) the number of collection of information is $30,691. further fair housing as required by the vouchers under section 8(o) of the United States Fair Housing Act, 42 U.S.C. 3608. To Housing Act of 1937 (42 U.S.C. 1437f(o)) sradovich on DSK3GMQ082PROD with NOTICES Dated: October 18, 2016. administered by the PHA is 550 or fewer; and (2) Samantha Deshommes, assist HUD program participants in that is not designated under section 6(j)(2) of the Chief, Regulatory Coordination Division, meeting this obligation, the AFFH rule United States Housing Act as a troubled PHA, and Office of Policy and Strategy, U.S. Citizenship provides that program participants must does not have a failing score under the Section 8 and Immigration Services, Department of conduct an Assessment of Fair Housing Management Assessment Program during the prior Homeland Security. 12 months. HUD codified this statutory definition (AFH) using an ‘‘Assessment Tool.’’ in its regulations on Public Housing Agency Plans [FR Doc. 2016–25596 Filed 10–21–16; 8:45 am] HUD’s AFFH regulations codified in at 24 CFR part 903, and the definition of ‘‘qualified BILLING CODE 9111–97–P 24 CFR part 5 provide, in § 5.160, for a PHA’’ is found at § 903.3(c). VerDate Sep<11>2014 17:42 Oct 21, 2016 Jkt 241001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1

73130 Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Notices 5-year plan is due. For consolidated the analysis and actions. For (this is not a toll-free number) or email program participants that received an Consolidated Plan program participants at Colette.Pollard@hud.gov for a copy of FY 2015 CDBG grant of $500,000 or less, that are starting a new 3–5 year the proposed forms or other available their first AFH must be submitted not Consolidated Plan cycle that begins information. Persons with hearing or later than 270 days prior to the start of before their due date for an AFH or for speech impairments may access this the program year that begins on or after Consolidated Plan program participants number through TTY by calling the toll- January 1, 2018 for which a new that otherwise have old or out-of-date free Federal Relay Service at (800) 877– consolidated plan is due. In response to AIs, the AI should continue to be 8339. public comment, HUD raised the dollar updated in accordance with the Fair FOR FURTHER INFORMATION CONTACT: Liz amount of the CDBG grant from Housing Planning Guide until those Zepeda, Environmental Specialist, $350,000 to $500,000. Consolidated Plan program participants Office of Environment and Energy, Through this notice, HUD is convert to the new AFFH process. Department of Housing and Urban extending the AFH submission deadline Dated: October 13, 2016. Development, 451 7th Street SW., for the first AFH submission for Gustavo Velasquez, Washington, DC 20410; telephone (202) consolidated program participants that Assistant Secretary for Fair Housing and 402–3988 (this is not a toll-free number) received an FY 2015 CDBG grant of Equal Opportunity. or email at elizabeth.g.zepeda@hud.gov. $500,000 or less, or in the case of HOME [FR Doc. 2016–25637 Filed 10–21–16; 8:45 am] Persons with hearing or speech consortia, whose members collectively impairments may access this number received an FY 2015 CDBG grant of BILLING CODE 4210–67–P through TTY by calling the toll-free $500,000 or less, to the same AFH Federal Relay Service at (800) 877–8339. submission deadline as QPHAs. For DEPARTMENT OF HOUSING AND Copies of available documents consolidated program participants that received an FY 2015 CDBG grant of URBAN DEVELOPMENT submitted to OMB may be obtained $500,000 or less, their first AFH is due from Ms. Pollard. [Docket No. FR–5910–N–18] no later than 270 calendar days prior to SUPPLEMENTARY INFORMATION: This the start of the program year that begins 60-Day Notice of Proposed Information notice informs the public that HUD is on or after January 1, 2019, for which a Collection: 24 CFR Part 55, Floodplain seeking approval from OMB for the new consolidated plan is due. Management and Protection of information collection described in Through this notice, HUD also advises Wetlands Section A. that the AFH submission deadline for program participants that received an AGENCY: Office of Community Planning A. Overview of Information Collection FY 2015 CDBG grant of $500,000 or less and Development, HUD. Title of Information Collection: 24 also applies to new consolidated ACTION: Notice. CFR 55, Floodplain Management and program participants that received a SUMMARY: HUD is seeking approval from Protection of Wetlands. small CDBG grant in FY 2016, or receive the Office of Management and Budget OMB Approval Number: 2506–0151. a small CDBG grant in FY 2017 or FY (OMB) for the information collection Type of Request: Extension of 2018. described below. In accordance with the currently approved request. Consolidated Plan program Paperwork Reduction Act, HUD is Form Number: None. participants that receive this extension requesting comment from all interested Description of the need for the must continue to comply with existing, parties on the proposed collection of information and proposed use: 24 CFR ongoing obligations to affirmatively information. The purpose of this notice 55 implements decisionmaking further fair housing. Until a is to allow for 60 days of public procedures prescribed by Executive consolidated plan program participant comment. Order 11988 with which applicants has submitted its first AFH, it will continue to provide the AFFH DATES: Comments Due Date: December must comply before HUD financial Consolidated Plan certification in 23, 2016. assistance can be approved for projects accordance with the regulations that ADDRESSES: Interested persons are that are located within floodplains. existed prior to August 17, 2015. (See 24 invited to submit comments regarding Records of compliance must be kept. CFR 5.160(3).) The prior certification this proposal. Comments should refer to Respondents (i.e. affected public): provides that program participants will the proposal by name and/or OMB Local, state, and tribal governments. conduct an analysis to identify Control Number and should be sent to: Estimated Number of Respondents: impediments (AI) to fair housing choice Colette Pollard, Reports Management 575. within the jurisdiction, take appropriate Officer, QDAM, Department of Housing Estimated Number of Responses: 575. actions to overcome the effects of any and Urban Development, 451 7th Street Frequency of Response: 1. impediments identified through that SW., Room 4176, Washington, DC Average Hours per Response: Varies. analysis, and maintain records reflecting 20410–5000; telephone (202) 402–3400 Total Estimated Burdens: 2,500 hours. Number of Frequency of Responses Burden hour Annual burden Hourly cost Information collection Annual cost respondents response per annum per response hours per response 55.20 ............................... 275 1 275 8 .................. 2,200 40 88,000 55.21 ............................... 300 1 300 1 .................. 300 40 12,000 sradovich on DSK3GMQ082PROD with NOTICES Total ........................ 575 1 575 Varies .......... 2,500 40 100,000 B. Solicitation of Public Comment parties concerning the collection of (1) Whether the proposed collection information described in Section A on of information is necessary for the This notice is soliciting comments from members of the public and affected the following: proper performance of the functions of VerDate Sep<11>2014 17:42 Oct 21, 2016 Jkt 241001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1


Document Created: 2016-10-21 23:46:34
Document Modified: 2016-10-21 23:46:34
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.
ContactAdam Norlander, Special Assistant, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7100, Washington, DC 20410; telephone number 202-402-3778 (toll-free). Individuals with hearing or speech impediments may access this number via TTY by calling the toll- free Federal Relay Service during working hours at 1-800-877-8339.
FR Citation81 FR 73129 
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