82 FR 31622 - 30-Day Notice of Proposed Information Collection: Implementation of the Housing for Older Persons Act of 1995 (HOPA)

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range		31622-31624
FR Document		2017-14299
HUD submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.
Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31622-31624]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14299]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5997-N-17]


30-Day Notice of Proposed Information Collection: Implementation 
of the Housing for Older Persons Act of 1995 (HOPA)

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice.

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

SUMMARY: HUD submitted the proposed information collection requirement 
described below to the Office of Management and Budget (OMB) for 
review, in accordance with the Paperwork Reduction Act. The purpose of 
this notice is to allow for an additional 30 days of public comment.

DATES: Comments Due Date: August 7, 2017.

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: HUD Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503; fax: 202-395-5806. Email: [email protected]

FOR FURTHER INFORMATION, CONTACT: Inez C. Downs, Reports Management 
Officer, QMAC, Department of Housing and Urban Development, 451 7th 
Street SW., Washington, DC 20410; email Inez C. Downs at 
[email protected] or telephone 202-402-8046. This is not a toll-free 
number. Persons with hearing or speech impairments may access this 
number through TTY by calling the toll-

[[Page 31623]]

free Federal Relay Service at (800) 877-8339.
    Copies of available documents submitted to OMB may be obtained from 
Ms. Downs.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.
    The Federal Register notice that solicited public comment on the 
information collection for a period of 60 days was published on 
December 13, 2016 at 81 FR 89964.

A. Overview of Information Collection

    Title of Information Collection: Implementation of the Housing for 
Older Persons Act of 1995 (HOPA).
    OMB Approval Number: 2529-0046.
    Type of Request: Extension without change of a currently approved 
collection.
    Form Number: None.
    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) 
[Public Law 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 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 
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.
    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 estimated the occupancy/age verification data would require routine

[[Page 31624]]

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.
    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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Total annual
      Type of collection  activity           Number of     Frequency of      responses      Burden hour    Total annual     Hourly cost     Annual cost
                                            respondents      response          hours       per response    burden hours    per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
One: Publication of and adherence to               1,000               1           1,000               2           2,000          $21.30      $42,600.00
 policies and procedures that
 demonstrate the intent to operate as 55-
 or-older housing.......................
Two: Collect age verification data for             1,000               1           1,000               1           1,000           21.30       21,300.00
 at least one occupant per unit to meet
 the HOPA's minimum ``80'' requirement..
Three: Periodic updates of occupancy               1,000               1           1,000            2.50           2,500           21.30       53,250.00
 records................................
                                         ---------------------------------------------------------------------------------------------------------------
    Total Burden Hours and Costs........  ..............  ..............           3,000  ..............           5,500  ..............      117,150.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond; including using 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: July 3, 2017.
Inez C. Downs,
Department Reports Management Officer, Office of the Chief Information 
Officer.
[FR Doc. 2017-14299 Filed 7-6-17; 8:45 am]
 BILLING CODE 4210-67-P
31622 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

For the 935.2B & C, the hours per Total Estimated Burdens: 25,540
response is 6 hours). hours.
Information Number of Frequency Responses Burden hour per Annual burden Hourly cost per Annual cost
collection respondents of response per annum response hours response

HUD–935.2A 8,050 1 ................. 8,050 New 6 × 300 ...... New 1,800 ......... Respondents: Respondents:
(MFH).
Review Only 2 × Reviews Only $35/hour (professional New = ($35 × 4 × 300) + ($16 × 2
3,720. 7,440. work). × 300) = $51,600.
Review & Up- Review & Up- $16/hour (clerical work) Reviews = ($35 × 2 × 3,720) =
date 4 × 4,030. date 16,120. $260,400.
$1.25 per report mailing Updates = ($35 × 2 × 4,030) +
($16 × 2 × $4,030) = $411,060.
Mailing Costs = $1.25 × 4,330 =
$5,412.50.
Annual Cost = $51,600 +
$260,400 + $411,060 +
$5,412.50 = $728,472.50.
Government: Government:
$38.56/hour 1 (profes- New = ($38.56 × 3 × 300) +
sional work).. ($17.55 × 0.5 × 300) =
$37,336.50.
$17.55/hour 2 (clerical Reviews & Updates = ($38.56 × 3
work). × 4,030) + ($17.55 × 0.5 ×
$4,030) = $501,553.65.
Annual Cost = $37,336.50 +
$501,553.65 = $538,890.15.
HUD–935.2B 30 1 ................. 30 6 ........................ 180 .................... Respondents: Respondents:
(SFH) & C
(Condos and
Co-Ops).
$35/hour (professional ($35 × 4 × 30) + ($16 × 2 × 30) =
work). $5,160.
$16/hour (clerical work) $1.25 × 30 = $37.50.
$1.25 per report mailing Annual Cost = $5,160 + $37.50 =
$5,197.50.
Government: Government:
$38.56/hour (profes- Annual Cost = ($38.56 × 3 × 30) +
sional work). ($17.55 × 0.5 × 30) =
$3,733.65.
$17.55/hour (clerical
work).

Total ............. 8,080 1 each ........ 8,080 Avg. of 3.16 ....... 25,540 ............... Avg. of $28.73 .............. Respondents: $733,670.
....................................... Government: $542,623.80.

electronic submission of responses. described below to the Office of
HUD encourages interested parties to Management and Budget (OMB) for
B. Solicitation of Public Comment
submit comment in response to these review, in accordance with the
This notice is soliciting comments questions. Paperwork Reduction Act. The purpose
from members of the public and affected of this notice is to allow for an
Authority: Section 3507 of the Paperwork
parties concerning the collection of Reduction Act of 1995, 44 U.S.C. Chapter 35. additional 30 days of public comment.
information described in Section A on
Dated: July 3, 2017. DATES: Comments Due Date: August 7,
the following:
(1) Whether the proposed collection Inez C. Downs, 2017.
of information is necessary for the Department Reports Management Officer, ADDRESSES: Interested persons are
proper performance of the functions of Office of the Chief Information Officer. invited to submit comments regarding
the agency, including whether the [FR Doc. 2017–14289 Filed 7–6–17; 8:45 am] this proposal. Comments should refer to
information will have practical utility; BILLING CODE 4210–67–P the proposal by name and/or OMB
(2) The accuracy of the agency’s Control Number and should be sent to:
estimate of the burden of the proposed HUD Desk Officer, Office of
collection of information; DEPARTMENT OF HOUSING AND Management and Budget, New
(3) Ways to enhance the quality, URBAN DEVELOPMENT Executive Office Building, Washington,
utility, and clarity of the information to [Docket No. FR–5997–N–17] DC 20503; fax: 202–395–5806. Email:
be collected; and OIRA_Submission@omb.eop.gov
(4) Ways to minimize the burden of 30-Day Notice of Proposed Information FOR FURTHER INFORMATION, CONTACT:
the collection of information on those Collection: Implementation of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Inez C. Downs, Reports Management
who are to respond, including through Housing for Older Persons Act of 1995 Officer, QMAC, Department of Housing
the use of appropriate automated (HOPA) and Urban Development, 451 7th Street
collection techniques or other forms of
AGENCY: Office of the Chief Information SW., Washington, DC 20410; email Inez
information technology, e.g., permitting
Officer, HUD. C. Downs at Inez.C.Downs@hud.gov or
1 Rate for GS 12 Step 5 ($38.56/hour) based on the ACTION: Notice. telephone 202–402–8046. This is not a
salary information available on OPM.gov. toll-free number. Persons with hearing
2 Rate for GS 5 step 5 ($17.55/hour) based on the SUMMARY: HUD submitted the proposed or speech impairments may access this
salary information available on OPM.gov. information collection requirement number through TTY by calling the toll-

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31624 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

updating with each new housing of housing transactions per year at ten business. The estimated total annual
transaction within the facility or (10) transactions per community. burden hours are 5,500 hours.
community, and that the number of HUD concluded that the publication Estimation of the total numbers of
such transactions per year might vary of policies and procedures is likely to be hours needed to prepare the information
significantly depending on the size and a one-time event, and in most cases will collection including number of
nature of the facility or community. respondents, frequency of response, and
require no additional burden beyond
HUD also estimated the average number hours of response:
what is done in the normal course of
Please see table below.

Total annual
Type of collection Number of Frequency of Burden hour Total annual Hourly cost
responses Annual cost
activity respondents response per response burden hours per response
hours

One: Publication of and
adherence to policies
and procedures that
demonstrate the in-
tent to operate as 55-
or-older housing ....... 1,000 1 1,000 2 2,000 $21.30 $42,600.00
Two: Collect age
verification data for at
least one occupant
per unit to meet the
HOPA’s minimum
‘‘80’’ requirement ...... 1,000 1 1,000 1 1,000 21.30 21,300.00
Three: Periodic updates
of occupancy records 1,000 1 1,000 2.50 2,500 21.30 53,250.00

Total Burden Hours
and Costs .......... ........................ ........................ 3,000 ........................ 5,500 ........................ 117,150.00

B. Solicitation of Public Comment DEPARTMENT OF HOUSING AND SW., Washington, DC 20410; email
URBAN DEVELOPMENT Anna P. Guido at Anna.P.Guido@
This notice is soliciting comments hud.gov or telephone 202–402–5535.
from members of the public and affected [Docket No. FR–5997–N–33]
This is not a toll-free number. Person
parties concerning the collection of with hearing or speech impairments
information described in Section A on 30-Day Notice of Proposed Information
Collection: Delta Community Capital may access this number through TTY by
the following: calling the toll-free Federal Relay
Initiative
(1) Whether the proposed collection Service at (800) 877–8339. Copies of
of information is necessary for the AGENCY: Office of the Chief Information available documents submitted to OMB
proper performance of the functions of Officer, HUD. may be obtained from Ms. Guido.
the agency, including whether the ACTION: Notice. SUPPLEMENTARY INFORMATION: This
information will have practical utility; notice informs the public that HUD is
SUMMARY: HUD is seeking approval from
(2) The accuracy of the agency’s seeking approval from OMB for the
the Office of Management and Budget
estimate of the burden of the proposed information collection described in
(OMB) for the information collection
collection of information; Section A. The Federal Register notice
described below. In accordance with the
(3) Ways to enhance the quality, that solicited public comment on the
Paperwork Reduction Act, HUD is
utility, and clarity of the information to information collection for a period of 60
requesting comment from all interested
be collected; and days was published on April 7, 2017 at
parties on the proposed collection of
82 FR 17027.
(4) Ways to minimize the burden of information. The purpose of this notice
the collection of information on those is to allow for 30 days of public A. Overview of Information Collection
who are to respond; including using comment.
Title of Information Collection: Delta
appropriate automated collection DATES: Comments Due Date: August 7, Community Capital Initiative.
techniques or other forms of information 2017. OMB Approval Number: 2506–0200.
technology, e.g., permitting electronic ADDRESSES: Interested persons are Type of Request: Revision of a
submission of responses. invited to submit comments regarding currently approved collection.
HUD encourages interested parties to this proposal. Comments should refer to Form Number: SF 424; HUD 424CB;
submit comment in response to these the proposal by name and/or OMB HUD 424–CBW; SF–LLL; HUD 2990;
questions. Control Number and should be sent to: HUD 2991; HUD 2993; HUD 2994A;
HUD Desk Officer, Office of HUD 27061; and HUD 27300.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Management and Budget, New Description of the need for the
Executive Office Building, Washington, information and proposed use: The
Dated: July 3, 2017. DC 20503; fax: 202–395–5806, Email: purpose of this submission is for the
Inez C. Downs, OIRA Submission@omb.eop.gov. application for the Delta Community
Department Reports Management Officer, FOR FURTHER INFORMATION CONTACT: Capital Initiative grant process.
Office of the Chief Information Officer. Anna P. Guido, Reports Management Information is required to rate and rank
[FR Doc. 2017–14299 Filed 7–6–17; 8:45 am] Officer, QMAC, Department of Housing competitive applications and to ensure
BILLING CODE 4210–67–P and Urban Development, 451 7th Street eligibility of applicants for funding.

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Document Created: 2017-07-07 02:19:58
Document Modified: 2017-07-07 02:19:58
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.
Dates		Comments Due Date: August 7, 2017.
FR Citation		82 FR 31622