81 FR 89964 - 60-Day Notice of Proposed Information Collection: Comment Request Implementation of the Housing for Older Persons Act of 1995 (HOPA)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 81, Issue 239 (December 13, 2016)
Federal Register Volume 81, Issue 239 (December 13, 2016)
| Page Range | 89964-89965 | |
| FR Document | 2016-29754 |
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)] [Notices] [Pages 89964-89965] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29754] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5911-N-03] 60-Day Notice of Proposed Information Collection: Comment Request Implementation of the Housing for Older Persons Act of 1995 (HOPA) AGENCY: Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The proposed information collection requirement established under the Housing for Older Persons Act of 1995 (HOPA) will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. HUD is soliciting public comments on the subject proposal. DATES: Comment Due Date: February 13, 2017. ADDRESSES: Interested persons are invited to submit comments regarding this proposed information collection requirement. Comments should refer to the proposal by name and/or OMB Control Number, and should be sent to: Deborah T. Ambers, Equal Opportunity Specialist, Enforcement Support Division, Office of Enforcement, Department of Housing and Urban Development, 451 7th Street SW., Room 5208, Washington, DC 20410- 2000, or the toll-free number for the Federal Relay Service at: 1-(800) 877-8339. FOR FURTHER INFORMATION CONTACT: Lynn M. Grosso, Director, Office of Enforcement, Department of Housing and Urban Development, 451 7th Street SW., Room 5226; Washington, DC 20410-2000; telephone (202) 402- 5361 (this is not a toll-free number). Hearing or speech-impaired individuals may access this number via TTY by calling the toll-free Federal Relay Service at: 1-(800) 877-8339. SUPPLEMENTARY INFORMATION: HUD is submitting this proposed information collection requirement to the OMB for review, as required under the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35, as amended]. This notice is soliciting comments from members of the public and affected agencies concerning the proposed information collection in order to: (1) Evaluate whether the proposed information collection is necessary for the proper performance of HUD's program functions; (2) Evaluate the accuracy of HUD's assessment of the paperwork burden that may result from the proposed information collection; (3) Enhance the quality, utility, and clarity of the information which must be collected; and (4) Minimize the burden of the information collection on responders, including the use of appropriate automated collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). Notice of Submission of Proposed Information Collection to OMB Title of Proposal: Implementation of the Housing for Older Persons Act of 1995 (HOPA). Office: Fair Housing and Equal Opportunity. OMB Control Number: 2529-0046. Description of the need for the information and proposed use: The Fair Housing Act [42 U.S.C. 3601 et seq.], prohibits discrimination in the sale, rental, occupancy, advertising, insuring, or financing of residential dwellings based on familial status (individuals living in households with one or more children under 18 years of age). However, under Sec. 3607(b)(2) of the Act, Congress exempted three (3) categories of ``housing for older persons'' from liability for familial status discrimination: (1) Housing provided under any State or Federal program which the Secretary of HUD determines is ``specifically designed and operated to assist elderly persons (as defined in the State or Federal program)''; (2) housing ``intended for, and solely occupied by persons 62 years of age or older''; and (3) housing ''intended and operated for occupancy by at least one person 55 years of age or older per unit [`55 or older' housing].'' In December 1995, Congress passed the Housing for Older Persons Act of 1995 (HOPA) [Pub. L. 104-76, 109 STAT. 787] as an amendment to the Fair Housing Act. The HOPA modified the ``55 or older'' housing exemption provided under Sec. 3607(b)(2)(C) of the Fair Housing Act by eliminating the requirement that a housing provider must offer ``significant facilities and services specifically designed to meet the physical or social needs of older persons.'' In order to qualify for the HOPA exemption, a housing community or facility must meet each of the following criteria: (1) at least 80 percent of the occupied units in the community or facility must be occupied by at least one person who is 55 years of age of older; (2) the housing provider must publish and adhere to policies and procedures that demonstrate the intent to operate housing for persons 55 years of age or older; and (3) the housing provider must demonstrate compliance with ``rules issued by the Secretary for verification of occupancy, which shall . . . provide for [age] verification by reliable surveys and affidavits.'' The HOPA did not significantly increase the record-keeping burden for the ``55 or older'' housing exemption. It describes in greater detail the documentary evidence which HUD will consider when determining, in the course of a familial status discrimination complaint investigation, whether or not a housing facility or community qualified for the ``55 or older'' housing exemption as of the date of the alleged Fair Housing Act violation. The HOPA information collection requirements are necessary to demonstrate a housing provider's eligibility to claim the ``55 or older'' housing exemption as an affirmative defense to a familial status discrimination complaint filed with HUD under the Fair Housing Act. The information will be collected in the normal course of business in connection with the sale, rental, or occupancy of dwelling units situated in qualified senior housing facilities or [[Page 89965]] communities. The HOPA's requirement that a housing provider must demonstrate the intent to operate a ``55 or older'' housing community or facility by publishing, and consistently enforcing, age verification rules, policies and procedures for current and prospective occupants reflects the usual and customary practice of the senior housing industry. Under the HOPA, a ``55 or older'' housing provider should conduct an initial occupancy survey of the housing community or facility to verify compliance with the HOPA's ``80 percent occupancy'' requirement, and should maintain such compliance by periodically reviewing and updating existing age verification records for each occupied dwelling unit at least once every two years. The creation and maintenance of such occupancy/age verification records should occur in the normal course of individual sale or rental housing transactions, and should require minimal preparation time. Further, a senior housing provider's operating rules, policies and procedures are not privileged or confidential in nature, because such information must be disclosed to current and prospective residents, and to residential real estate professionals. The HOPA exemption also requires that a summary of the occupancy survey results must be made available for public inspection. This summary need not contain confidential information about individual residents; it may simply indicate the total number of dwelling units actually occupied by persons 55 years of age or older. While the supporting age verification records may contain confidential information about individual occupants, such information would be protected from disclosure unless the housing provider claims the ``55 or older'' housing exemption as an affirmative defense to a jurisdictional familial status discrimination complaint filed with HUD under the Fair Housing Act. HUD's Office of Fair Housing and Equal Opportunity will only require a housing provider to disclose such confidential information to HUD if and when HUD investigates a jurisdictional familial status discrimination complaint filed against the housing provider under the Fair Housing Act, and if and when the housing provider claims the ``55 or older'' housing exemption as an affirmative defense to the complaint. Agency form number(s), if applicable: None. Members of affected public: The HOPA requires that small businesses and other small entities that operate housing intended for occupancy by persons 55 years of age or older must routinely collect and update reliable age verification information necessary to meet the eligibility criteria for the HOPA exemption. The record keeping requirements are the responsibility of the housing provider that seeks to qualify for the HOPA exemption. Estimation of the total numbers of hours needed to prepare the information collection, including the number of respondents, frequency of response, and hours of response: The HOPA information collection requirements are the responsibility of the individual housing facility or community that claims eligibility for the HOPA's ``55 or older'' housing exemption. The HOPA does not authorize HUD to require submission of this information by individual housing providers as a means of certifying that their housing communities or facilities qualify for the exemption. Further, since the HOPA has no mandatory registration requirement, HUD cannot ascertain the actual number of housing facilities and communities that are currently collecting this information with the intention of qualifying for the HOPA exemption. Accordingly, HUD has estimated that approximately 1,000 housing facilities or communities would seek to qualify for the HOPA exemption. HUD has estimated that the occupancy/age verification data would require routine updating with each new housing transaction within the facility or community, and that the number of such transactions per year might vary significantly depending on the size and nature of the facility or community. HUD also estimated the average number of housing transactions per year at ten (10) transactions per community. HUD concluded that the publication of policies and procedures is likely to be a one-time event, and in most cases will require no additional burden beyond what is done in the normal course of business. The estimated total annual burden hours are 5,500 hours. Status of the proposed information collection: Extension of a currently approved information collection. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: December 2, 2016. Timothy M. Smyth, Deputy Assistant Secretary for Enforcement and Programs. [FR Doc. 2016-29754 Filed 12-12-16; 8:45 am] BILLING CODE 4210-67-P
![89964 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
TSA canine. TSA will use the requirement. Comments should refer to of ‘‘housing for older persons’’ from
information collected to evaluate the the proposal by name and/or OMB liability for familial status
individual according to the CTC Control Number, and should be sent to: discrimination: (1) Housing provided
program guidelines. The collection Deborah T. Ambers, Equal Opportunity under any State or Federal program
includes information about the Specialist, Enforcement Support which the Secretary of HUD determines
individual’s household, personal Division, Office of Enforcement, is ‘‘specifically designed and operated
references, and current pet and Department of Housing and Urban to assist elderly persons (as defined in
veterinarian information. In addition, Development, 451 7th Street SW., Room the State or Federal program)’’; (2)
TSA will collect the individual’s 5208, Washington, DC 20410–2000, or housing ‘‘intended for, and solely
agreement to transport the canine home the toll-free number for the Federal occupied by persons 62 years of age or
from TSA CTC in San Antonio, Texas, Relay Service at: 1–(800) 877–8339. older’’; and (3) housing ’’intended and
and to provide any necessary medical FOR FURTHER INFORMATION CONTACT: operated for occupancy by at least one
care, including, but not limited to, Lynn M. Grosso, Director, Office of person 55 years of age or older per unit
heartworm and flea preventives, and Enforcement, Department of Housing [‘55 or older’ housing].’’ In December
annual vaccinations, for the duration of and Urban Development, 451 7th Street 1995, Congress passed the Housing for
the canine’s life. TSA will also collect SW., Room 5226; Washington, DC Older Persons Act of 1995 (HOPA) [Pub.
an attestation that all information 20410–2000; telephone (202) 402–5361 L. 104–76, 109 STAT. 787] as an
submitted is true. (this is not a toll-free number). Hearing amendment to the Fair Housing Act.
TSA estimates that annually 300 or speech-impaired individuals may The HOPA modified the ‘‘55 or older’’
individuals will complete the adoption access this number via TTY by calling housing exemption provided under
application and that it will take the toll-free Federal Relay Service at: 1- § 3607(b)(2)(C) of the Fair Housing Act
approximately 10 minutes or 0.1666 (800) 877–8339. by eliminating the requirement that a
hours. This will give an estimated housing provider must offer ‘‘significant
SUPPLEMENTARY INFORMATION: HUD is
annual time burden to the public of 50 facilities and services specifically
submitting this proposed information designed to meet the physical or social
hours. collection requirement to the OMB for needs of older persons.’’ In order to
Use of Results review, as required under the qualify for the HOPA exemption, a
TSA CTC Adoption Program will use Paperwork Reduction Act of 1995 [44 housing community or facility must
the information to assess the adoption U.S.C. Chapter 35, as amended]. meet each of the following criteria: (1)
applicant’s suitability for placement of a This notice is soliciting comments at least 80 percent of the occupied units
TSA canine who has participated in the from members of the public and affected in the community or facility must be
TSA CTC explosives detection training. agencies concerning the proposed occupied by at least one person who is
information collection in order to: (1) 55 years of age of older; (2) the housing
Dated: December 8, 2016. Evaluate whether the proposed provider must publish and adhere to
Christina A. Walsh, information collection is necessary for policies and procedures that
TSA Paperwork Reduction Act Officer, Office the proper performance of HUD’s demonstrate the intent to operate
of Information Technology. program functions; (2) Evaluate the housing for persons 55 years of age or
[FR Doc. 2016–29878 Filed 12–12–16; 8:45 am] accuracy of HUD’s assessment of the older; and (3) the housing provider must
BILLING CODE 9110–05–P paperwork burden that may result from demonstrate compliance with ‘‘rules
the proposed information collection; (3) issued by the Secretary for verification
Enhance the quality, utility, and clarity of occupancy, which shall . . . provide
DEPARTMENT OF HOUSING AND of the information which must be for [age] verification by reliable surveys
URBAN DEVELOPMENT collected; and (4) Minimize the burden and affidavits.’’
of the information collection on The HOPA did not significantly
[Docket No. FR–5911–N–03]
responders, including the use of increase the record-keeping burden for
60-Day Notice of Proposed Information appropriate automated collection the ‘‘55 or older’’ housing exemption. It
Collection: Comment Request techniques or other forms of information describes in greater detail the
Implementation of the Housing for technology (e.g., permitting electronic documentary evidence which HUD will
Older Persons Act of 1995 (HOPA) submission of responses). consider when determining, in the
Notice of Submission of Proposed course of a familial status
AGENCY: Office of the Assistant discrimination complaint investigation,
Secretary for Fair Housing and Equal Information Collection to OMB
whether or not a housing facility or
Opportunity, HUD. Title of Proposal: Implementation of community qualified for the ‘‘55 or
ACTION: Notice. the Housing for Older Persons Act of older’’ housing exemption as of the date
1995 (HOPA). of the alleged Fair Housing Act
SUMMARY: The proposed information Office: Fair Housing and Equal violation.
collection requirement established Opportunity. The HOPA information collection
under the Housing for Older Persons OMB Control Number: 2529–0046. requirements are necessary to
Act of 1995 (HOPA) will be submitted Description of the need for the demonstrate a housing provider’s
to the Office of Management and Budget information and proposed use: The Fair eligibility to claim the ‘‘55 or older’’
(OMB) for review, as required by the Housing Act [42 U.S.C. 3601 et seq.], housing exemption as an affirmative
Paperwork Reduction Act of 1995. HUD
pmangrum on DSK3GDR082PROD with NOTICES
prohibits discrimination in the sale, defense to a familial status
is soliciting public comments on the rental, occupancy, advertising, insuring, discrimination complaint filed with
subject proposal. or financing of residential dwellings HUD under the Fair Housing Act. The
DATES: Comment Due Date: February 13, based on familial status (individuals information will be collected in the
2017. living in households with one or more normal course of business in connection
ADDRESSES: Interested persons are children under 18 years of age). with the sale, rental, or occupancy of
invited to submit comments regarding However, under § 3607(b)(2) of the Act, dwelling units situated in qualified
this proposed information collection Congress exempted three (3) categories senior housing facilities or
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![Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices 89965
communities. The HOPA’s requirement routinely collect and update reliable age DEPARTMENT OF HOUSING AND
that a housing provider must verification information necessary to URBAN DEVELOPMENT
demonstrate the intent to operate a ‘‘55 meet the eligibility criteria for the
[Docket No. FR–6000–FA–21]
or older’’ housing community or facility HOPA exemption. The record keeping
by publishing, and consistently requirements are the responsibility of Announcement of Funding Awards;
enforcing, age verification rules, policies the housing provider that seeks to Fair Housing Initiatives Program Fiscal
and procedures for current and qualify for the HOPA exemption. Year 2016
prospective occupants reflects the usual
and customary practice of the senior Estimation of the total numbers of AGENCY: Office of the Assistant
housing industry. Under the HOPA, a hours needed to prepare the information Secretary for Fair Housing and Equal
‘‘55 or older’’ housing provider should collection, including the number of Opportunity, the Department of Housing
conduct an initial occupancy survey of respondents, frequency of response, and and Urban Development, HUD.
the housing community or facility to hours of response: The HOPA ACTION: Announcement of funding
verify compliance with the HOPA’s ‘‘80 information collection requirements are awards.
percent occupancy’’ requirement, and the responsibility of the individual
should maintain such compliance by housing facility or community that SUMMARY: In accordance with section
periodically reviewing and updating claims eligibility for the HOPA’s ‘‘55 or 102(a)(4)(C) of the Department of
existing age verification records for each older’’ housing exemption. The HOPA Housing and Urban Development
occupied dwelling unit at least once does not authorize HUD to require Reform Act of 1989, this announcement
every two years. The creation and submission of this information by notifies the public of funding decisions
maintenance of such occupancy/age individual housing providers as a means made by the Department under the
verification records should occur in the of certifying that their housing Notices of Funding Availability
normal course of individual sale or communities or facilities qualify for the (NOFAs) for the Fair Housing Initiatives
rental housing transactions, and should exemption. Further, since the HOPA has Program (FHIP) for Fiscal Year (FY)
require minimal preparation time. 2016. This announcement contains the
no mandatory registration requirement,
Further, a senior housing provider’s names and addresses of those award
HUD cannot ascertain the actual number
operating rules, policies and procedures recipients selected for funding based on
of housing facilities and communities the rating and ranking of all
are not privileged or confidential in
nature, because such information must that are currently collecting this applications and the amount of the
be disclosed to current and prospective information with the intention of awards.
residents, and to residential real estate qualifying for the HOPA exemption.
Accordingly, HUD has estimated that FOR FURTHER INFORMATION CONTACT:
professionals. Myron Newry, Director, FHIP Division,
The HOPA exemption also requires approximately 1,000 housing facilities
or communities would seek to qualify Office of Programs, Office of Fair
that a summary of the occupancy survey
Housing and Equal Opportunity,
results must be made available for for the HOPA exemption. HUD has
Department of Housing and Urban
public inspection. This summary need estimated that the occupancy/age
Development, 451 Seventh Street, SW.,
not contain confidential information verification data would require routine Room 5230, Washington, DC 20410.
about individual residents; it may updating with each new housing Telephone number (202) 402–7095 (this
simply indicate the total number of transaction within the facility or is not a toll-free number). Persons with
dwelling units actually occupied by community, and that the number of hearing or speech impairments may
persons 55 years of age or older. While such transactions per year might vary
the supporting age verification records access this number through TTY by
significantly depending on the size and calling the toll-free Federal Relay
may contain confidential information nature of the facility or community.
about individual occupants, such Service at 800–877–8339.
HUD also estimated the average number SUPPLEMENTARY INFORMATION: Title VIII
information would be protected from
of housing transactions per year at ten of the Civil Rights Act of 1968, as
disclosure unless the housing provider
(10) transactions per community. HUD amended, 42 U.S.C. 3601–19 (the Fair
claims the ‘‘55 or older’’ housing
exemption as an affirmative defense to concluded that the publication of Housing Act) provides the Secretary of
a jurisdictional familial status policies and procedures is likely to be Housing and Urban Development with
discrimination complaint filed with a one-time event, and in most cases will responsibility to accept and investigate
HUD under the Fair Housing Act. HUD’s require no additional burden beyond complaints alleging discrimination
Office of Fair Housing and Equal what is done in the normal course of based on race, color, religion, sex,
Opportunity will only require a housing business. The estimated total annual handicap, familial status or national
provider to disclose such confidential burden hours are 5,500 hours. origin in the sale, rental, or financing of
information to HUD if and when HUD Status of the proposed information most housing. In addition, the Fair
investigates a jurisdictional familial collection: Extension of a currently Housing Act directs the Secretary to
status discrimination complaint filed approved information collection. coordinate with State and local agencies
against the housing provider under the administering fair housing laws and to
Fair Housing Act, and if and when the Authority: Section 3506 of the Paperwork cooperate with and render technical
housing provider claims the ‘‘55 or Reduction Act of 1995, 44 U.S.C. Chapter 35, assistance to public or private entities
older’’ housing exemption as an as amended. carrying out programs to prevent and
pmangrum on DSK3GDR082PROD with NOTICES
affirmative defense to the complaint. Dated: December 2, 2016. eliminate discriminatory housing
Agency form number(s), if applicable: Timothy M. Smyth, practices.
None. Section 561 of the Housing and
Deputy Assistant Secretary for Enforcement
Members of affected public: The Community Development Act of 1987,
and Programs.
HOPA requires that small businesses 42 U.S.C. 3616, established FHIP to
[FR Doc. 2016–29754 Filed 12–12–16; 8:45 am]
and other small entities that operate strengthen the Department’s
housing intended for occupancy by BILLING CODE 4210–67–P enforcement of the Fair Housing Act
persons 55 years of age or older must and to further fair housing. This
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Document Created: 2016-12-13 02:44:49
Document Modified: 2016-12-13 02:44:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Lynn M. Grosso, Director, Office of Enforcement, Department of Housing and Urban Development, 451 7th Street SW., Room 5226; Washington, DC 20410-2000; telephone (202) 402- 5361 (this is not a toll-free number). Hearing or speech-impaired individuals may access this number via TTY by calling the toll-free Federal Relay Service at: 1-(800) 877-8339. | |
| FR Citation | 81 FR 89964 |
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