82 FR 35788 - 60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 146 (August 1, 2017)

Page Range		35788-35817
FR Document		2017-16110
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, 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 82 Issue 146 (Tuesday, August 1, 2017)
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35788-35817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16110]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5997-N-39]


60-Day Notice of Proposed Information Collection: Implementation 
of the Violence Against Women Reauthorization Act of 2013

AGENCY: Offices of Housing, Public and Indian Housing, and Community 
Planning and Development, HUD.

ACTION: Notice.

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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, 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: October 2, 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: Colette Pollard, Reports 
Management Officer, QDAM, Department of Housing and Urban Development, 
451 7th Street SW., Room 4176, Washington, DC

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20410-5000; email [email protected] or telephone 202-402-3400 
(this is not a toll-free number). Persons with hearing or speech 
impairments may access this number through TTY by calling the toll-free 
Federal Relay Service at (800) 877-8339. Interested persons may also 
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.

FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management 
Officer, QDAM, Department of Housing and Urban Development, 451 7th 
Street SW., Washington, DC 20410; email Colette Pollard at 
[email protected] or telephone 202-402-3400. This is not a toll-
free number. Persons with hearing or speech impairments may access this 
number through TTY by calling the toll-free Federal Relay Service at 
(800) 877-8339.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.

A. Overview of Information Collection

    Title of Information Collection: Implementation of the Violence 
Against Women Reauthorization Act of 2013 OMB Approval Number: 2577-
0286.
    Type of Request (i.e., new, revision or extension of currently 
approved collection): Revision of currently approved collection.
    Form Number: Forms HUD-5380, HUD-5381, HUD-5382, and HUD-5383.
    Other: Emergency transfer reporting, lease addenda, and lease 
bifurcation.
    Description of the need for the information and proposed use: The 
Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public 
Law 113-4, 127 Stat. 54, reauthorized and amended the Violence Against 
Women Act of 1994, as previously amended (title IV, sec. 40001-40703 of 
Public Law 103-322, 42 U.S.C. 13925 et seq.). In doing so, VAWA 2013 
expanded VAWA protections from HUD's Section 8 and Public Housing 
programs only to many of HUD's housing programs. The programs now 
covered under the final VAWA Rule include:
     Section 202 Supportive Housing for the Elderly (12 U.S.C. 
1701q);
     Section 811 Supportive Housing for Persons with 
Disabilities (42 U.S.C. 8013);
     Housing Opportunities for Persons with AIDS (HOPWA) 
program (42 U.S.C. 12901 et seq.);
     HOME Investment Partnerships (HOME) program (42 U.S.C. 
12741 et seq.);
     Homeless programs under title IV of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11360 et seq.), including the 
Emergency Solutions Grants (ESG) program, the Continuum of Care (CoC) 
program, and the Rural Housing Stability (RHS) Assistance program;
     Multifamily rental housing under section 221(d)(3) of the 
National Housing Act (12 U.S.C. 17151(d)) with a below-market interest 
rate (BMIR) pursuant to section 221(d)(5);
     Multifamily rental housing under section 236 of the 
National Housing Act (12 U.S.C. 1715z-1);
     HUD programs assisted under the United States Housing Act 
of 1937 (42 U.S.C. 1437 et seq.); specifically, public housing under 
section 6 of the 1937 Act (42 U.S.C. 1437d), tenant-based and project-
based rental assistance under section 8 of the 1937 Act (42 U.S.C. 
1437f), and the Section 8 Moderate Rehabilitation Single Room 
Occupancy; and
     The Housing Trust Fund (12 U.S.C. 4568).
    The provisions of VAWA 2013 that afford protections to victims of 
domestic violence, dating violence, sexual assault, or stalking are 
statutory and statutorily directed to be implemented. Accordingly, on 
November 16, 2016, HUD published a final rule at 81 FR 80724 (VAWA 
Rule), implementing VAWA 2013's provisions in its housing programs.
    To fully implement these provisions under VAWA 2013 and the VAWA 
Rule, the Department must provide to all PHAs, owners and managers, and 
grant recipients (collectively ``Covered Housing Providers'' or 
``CHPs'') the three following model documents:
     Form HUD-5380: Notice of Occupancy Rights Under the 
Violence Against Women Act. HUD must provide this notice to CHPs, which 
must in turn distribute it to tenants and to applicants denied 
assistance to ensure they are aware of their rights under VAWA and its 
implementing regulations.
     Form HUD-5381: Model Emergency Transfer Plan for Victims 
of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. HUD 
must provide this model document to CHPs, which may, at their 
discretion, use it to develop their own emergency transfer plans, as 
required under VAWA 2013.
     Form HUD-5382: Certification of Domestic Violence, Dating 
Violence, Sexual Assault, or Stalking, and Alternate Documentation. HUD 
must provide this certification form to CHPs, which must in turn 
distribute it to tenants and applicants. An individual may then 
optionally submit the form, certifying that he or she is a victim of 
domestic violence, dating violence, sexual assault, or stalking and 
that the incident in question is bona fide. The certification form 
serves as one tool for documenting the incident or incidents of 
domestic violence, dating violence, sexual assault, or stalking. (Note: 
This is a revision of and supersedes forms HUD-50066 and HUD-91066. 
VAWA 2013 required that the form be updated and made applicable to all 
covered programs.)
    Tenants may provide third-party documentation along with or in lieu 
of form HUD-5382. The VAWA regulation stipulates that one such 
document--
    A. Be signed by an employee, agent, or volunteer of a victim 
service provider, an attorney, or medical professional, or a mental 
health professional (collectively, ``professional'') from whom the 
victim has sought assistance relating to domestic violence, dating 
violence, sexual assault, or stalking, or the effects of abuse;
    B. Be signed by the applicant or tenant; and
    C. Specifies, under penalty of perjury, that the professional 
believes in the occurrence of the incident of domestic violence, dating 
violence, sexual assault, or stalking and that the incident meets the 
applicable definition of domestic violence, dating violence, sexual 
assault, or stalking.
    If an applicant or tenant submits such a statement, the 
corresponding professional may have to create or research documentation 
to accurately complete and maintain a record of the form.
    HUD provides form HUD-5383: Emergency Transfer Request for Certain 
Victims of Domestic Violence, Dating Violence, Sexual Assault, or 
Stalking to CHPs, which may, at their discretion, distribute it to 
tenants and applicants. This form serves as a model for use by a CHP to 
accept requests for emergency transfers under its required VAWA 2013 
Emergency Transfer Plan. This form

[[Page 35790]]

allows an individual to submit and certify that they are a victim of 
domestic violence, dating violence, sexual assault, or stalking and 
that the incident in question is bona fide for purposes of being 
eligible for an emergency transfer. Thus, it serves as another tool for 
documenting the incident or incidents of domestic violence, dating 
violence, sexual assault, and stalking.
    VAWA 2013 and/or the VAWA rule require or permit that CHPs also 
undertake certain activities as follows:
     Emergency Transfer Reporting: CHPs must keep a record of 
all emergency transfers requested under its emergency transfer plan, 
and the outcomes of such requests, and retain these records for a 
period of three years, or for a period of time as specified in program 
regulations. Requests and outcomes of such requests must also be 
reported to HUD annually.
     The VAWA regulation includes certain requirements that 
must be incorporated into the tenant's lease.
     Lease Bifurcation Option: VAWA 2013 provides CHPs the 
option to bifurcate a lease in order to evict, remove, terminate 
occupancy rights, or terminate assistance to any individual who is a 
tenant or lawful occupant of the housing and who engages in criminal 
activity directly relating to domestic violence, dating violence, 
sexual assault, or stalking. This option is designed to minimize the 
loss of housing to individual(s) covered under VAWA.
    Respondents (i.e., affected public): Public housing agencies, 
private multifamily housing owners and management agents, state and 
local agencies, and grant recipients.
    Estimated Number of Respondents: 30,087.
    Estimated Number of Responses: 7,941,827.
    Frequency of Response: Varies.
    Average Hours per Response: 1.4.
    Total Estimated Hour Burden: 3,269,550.

B. Proposed Changes to the Forms

    The OMB approved forms HUD-5380, HUD-5381, HUD-5382, and HUD-5383 
are being revised to more closely align with the VAWA regulation and to 
clarify language. In addition to minor changes, HUD proposes to make 
the following specific changes:
    Form 5380: Clarify the ``Tenant Protections'' and ``Removing the 
Abuser or Perpetrator from the Household'' sections to align with the 
regulations and provide more information about bifurcation. Rename 
``Moving to Another Unit'' to ``Emergency Transfer'' and include more 
emergency transfer language. Add language in the ``Documenting That You 
Are or Have Been a Victim'' section about reasonable accommodations and 
update the language for consistency with the regulation. Lastly, update 
the ``Confidentiality'' section to more closely follow the regulation 
and put individuals on notice of confidentiality protections.
    Form 5381: Add a note to covered housing providers that the use of 
the model form without adding program specific and housing provider 
specific policies will not be sufficient to meet the emergency transfer 
plan requirements. Add a definition section with definitions taken from 
the regulation. Rename the section titled ``Emergency Transfer Timing 
and Availability'' to ``Emergency Transfer Procedures'' and add two new 
sections, ``Emergency Transfer Policies'' section, which clarifies that 
the provider must specify their individual policies for different 
categories of transfers (i.e. internal or external transfers) where 
applicable, and a ``Priority for Transfers'' section, which requires 
providers to provide any type of priority being provided to a victim 
consistent with 24 CFR 5.2005(e)(3) and (e)(6). Update the 
``Confidentiality'' section to more closely follow the regulation and 
put individuals on notice of confidentiality protections. Lastly, add a 
``Making Plan Available'' section to describe how the plan will be made 
publicly available, where possible.
    Form 5382: Update the ``Submission of Documentation'' section to 
include information about reasonable accommodations. In addition, add a 
warning for making false submissions to ensure users of the form are 
aware of the legal nature of submitting false information to an entity 
when seeking access to Federal funds.
    Form 5383: Update the ``Confidentiality'' section to more closely 
follow the regulation and put individuals on notice of confidentiality 
protections. Reframe question number 11 as a ``Yes'' or ``No'' 
question. Lastly, add a warning for making false submissions to ensure 
users of the form are aware of the legal nature of submitting false 
information to an entity when seeking access to Federal funds.
    Drafts of the revised forms are being published along with this 
notice for the public to see the proposed changes.

C. 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 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: July 26, 2017.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information 
Officer.
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[FR Doc. 2017-16110 Filed 7-31-17; 8:45 am]
BILLING CODE 4210-67-C
35788 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices

Clinical Laboratories; SmithKline Bio- Enforcement (USICE) is submitting the sponsoring the collection: Form I–133;
Science Laboratories) following information collection request U.S. Immigration and Customs
Quest Diagnostics Incorporated, 8401 for review and clearance in accordance Enforcement.
Fallbrook Ave., West Hills, CA 91304, with the Paperwork Reduction Act of (4) Affected public who will be asked
818–737–6370, (Formerly: SmithKline 1995. The information collection is or required to respond, as well as a brief
Beecham Clinical Laboratories) published in the Federal Register to abstract: Primary: Individual or
Redwood Toxicology Laboratory, 3700 obtain comments from the public and Households, Business or other non-
Westwind Blvd., Santa Rosa, CA affected agencies. This information profit. The data collected on this form
95403, 800–255–2159 collection was previously published in is used by ICE to ensure accuracy in
STERLING Reference Laboratories, 2617 the Federal Register on May 26, 2017, correspondence between ICE and the
East L Street, Tacoma, Washington Vol. 82 No. 24377 allowing for a 60 day obligor. The form serves the purpose of
98421, 800–442–0438 comment period. USICE did not receive standardizing obligor notification of any
US Army Forensic Toxicology Drug a comment in connection with the 60- changes in their address, and will
Testing Laboratory, 2490 Wilson St., day notice. The purpose of this notice facilitate communication with the
Fort George G. Meade, MD 20755– is to allow an additional 30 days for obligor.
5235, 301–677–7085, Testing for public comments, (5) An estimate of the total number of
Department of Defense (DoD) Written comments and suggestions respondents and the amount of time
Employees Only regarding items contained in this notice estimated for an average respondent to
Charles LoDico, and especially with regard to the respond: 12,000 responses at 15 minutes
Chemist. estimated public burden and associated (.25 hours) per response.
response time should be directed to the (6) An estimate of the total public
[FR Doc. 2017–16131 Filed 7–31–17; 8:45 am]
Office of Information and Regulatory burden (in hours) associated with the
BILLING CODE 4160–20–P
Affairs, Office of Management and collection: 3,000 annual burden hours.
Budget. Comments should be addressed Dated: July 26, 2017.
DEPARTMENT OF HOMELAND to the OMB Desk Officer for U.S. Scott Elmore,
SECURITY Immigration and Customs Enforcement, PRA Clearance Officer, Office of the Chief
Department of Homeland Security, and Information Officer, U.S. Immigration and
U.S. Immigration and Customs sent via electronic mail to dhsdesk Customs Enforcement, Department of
Enforcement officer@omb.eop.gov. Homeland Security.
Written comments and suggestions [FR Doc. 2017–16085 Filed 7–31–17; 8:45 am]
Agency Information Collection from the public and affected agencies BILLING CODE 9111–28–P
Activities: Extension, Without concerning the proposed collection of
Changes, of an Existing Information information should address one or more
Collection; Comment Request; OMB of the following four points: DEPARTMENT OF HOUSING AND
Control No. 1653–0042 (1) Evaluate whether the proposed
URBAN DEVELOPMENT
collection of information is necessary
AGENCY: U.S. Immigration and Customs for the proper performance of the [Docket No. FR–5997–N–39]
Enforcement, Department of Homeland functions of the agency, including
Security. whether the information will have 60-Day Notice of Proposed Information
ACTION: 30-Day Notice of Information practical utility; Collection: Implementation of the
collection for review; Form No. I–333, (2) Evaluate the accuracy of the Violence Against Women
Obligor Change of Address; OMB agencies estimate of the burden of the Reauthorization Act of 2013
Control No. 1653–0042. proposed collection of information, AGENCY: Offices of Housing, Public and
The Department of Homeland including the validity of the Indian Housing, and Community
Security, U.S. Immigration and Customs methodology and assumptions used; Planning and Development, HUD.
(3) Enhance the quality, utility, and
ACTION: Notice.
* The Standards Council of Canada (SCC) voted
clarity of the information to be
to end its Laboratory Accreditation Program for collected; and SUMMARY: HUD is seeking approval from
Substance Abuse (LAPSA) effective May 12, 1998. (4) Minimize the burden of the the Office of Management and Budget
Laboratories certified through that program were collection of information on those who
accredited to conduct forensic urine drug testing as
(OMB) for the information collection
required by U.S. Department of Transportation
are to respond, including through the described below. In accordance with the
(DOT) regulations. As of that date, the certification use of appropriate automated, Paperwork Reduction Act, HUD is
of those accredited Canadian laboratories will electronic, mechanical, or other requesting comment from all interested
continue under DOT authority. The responsibility technological collection techniques or
for conducting quarterly performance testing plus parties on the proposed collection of
periodic on-site inspections of those LAPSA- other forms of information technology, information. The purpose of this notice
accredited laboratories was transferred to the U.S. e.g., permitting electronic submission of is to allow for 60 days of public
HHS, with the HHS’ NLCP contractor continuing to responses. comment.
have an active role in the performance testing and
laboratory inspection processes. Other Canadian Overview of This Information DATES: Comments Due Date: October 2,
laboratories wishing to be considered for the NLCP Collection
may apply directly to the NLCP contractor just as
2017.
U.S. laboratories do. (1) Type of Information Collection: ADDRESSES: Interested persons are
Upon finding a Canadian laboratory to be Extension, without changes, of a invited to submit comments regarding
mstockstill on DSK30JT082PROD with NOTICES

qualified, HHS will recommend that DOT certify this proposal. Comments should refer to
the laboratory (Federal Register, July 16, 1996) as
currently approved information
meeting the minimum standards of the Mandatory collection. the proposal by name and/or OMB
Guidelines published in the Federal Register on (2) Title of the Form/Collection: Control Number and should be sent to:
November 25, 2008 (73 FR 71858). After receiving Obligor Change of Address. Colette Pollard, Reports Management
DOT certification, the laboratory will be included
in the monthly list of HHS-certified laboratories and
(3) Agency form number, if any, and Officer, QDAM, Department of Housing
participate in the NLCP certification maintenance the applicable component of the and Urban Development, 451 7th Street
program. Department of Homeland Security SW., Room 4176, Washington, DC

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Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices 35789

20410–5000; email Colette.Pollard@ protections from HUD’s Section 8 and • Form HUD–5381: Model Emergency
hud.gov or telephone 202–402–3400 Public Housing programs only to many Transfer Plan for Victims of Domestic
(this is not a toll-free number). Persons of HUD’s housing programs. The Violence, Dating Violence, Sexual
with hearing or speech impairments programs now covered under the final Assault, or Stalking. HUD must provide
may access this number through TTY by VAWA Rule include: this model document to CHPs, which
calling the toll-free Federal Relay • Section 202 Supportive Housing for may, at their discretion, use it to
Service at (800) 877–8339. Interested the Elderly (12 U.S.C. 1701q); develop their own emergency transfer
persons may also submit comments • Section 811 Supportive Housing for plans, as required under VAWA 2013.
electronically through the Federal Persons with Disabilities (42 U.S.C. • Form HUD–5382: Certification of
eRulemaking Portal at 8013); Domestic Violence, Dating Violence,
www.regulations.gov. HUD strongly • Housing Opportunities for Persons Sexual Assault, or Stalking, and
encourages commenters to submit with AIDS (HOPWA) program (42 Alternate Documentation. HUD must
comments electronically. Electronic U.S.C. 12901 et seq.); provide this certification form to CHPs,
submission of comments allows the • HOME Investment Partnerships which must in turn distribute it to
commenter maximum time to prepare (HOME) program (42 U.S.C. 12741 et tenants and applicants. An individual
and submit a comment, ensures timely seq.); may then optionally submit the form,
receipt by HUD, and enables HUD to • Homeless programs under title IV of certifying that he or she is a victim of
make them immediately available to the the McKinney-Vento Homeless domestic violence, dating violence,
public. Comments submitted Assistance Act (42 U.S.C. 11360 et seq.), sexual assault, or stalking and that the
electronically through the including the Emergency Solutions incident in question is bona fide. The
www.regulations.gov Web site can be Grants (ESG) program, the Continuum of certification form serves as one tool for
viewed by other commenters and Care (CoC) program, and the Rural documenting the incident or incidents
interested members of the public. Housing Stability (RHS) Assistance of domestic violence, dating violence,
Commenters should follow the program; sexual assault, or stalking. (Note: This is
instructions provided on that site to • Multifamily rental housing under a revision of and supersedes forms
submit comments electronically. section 221(d)(3) of the National HUD–50066 and HUD–91066. VAWA
Housing Act (12 U.S.C. 17151(d)) with 2013 required that the form be updated
FOR FURTHER INFORMATION CONTACT:
a below-market interest rate (BMIR) and made applicable to all covered
Colette Pollard, Reports Management pursuant to section 221(d)(5); programs.)
Officer, QDAM, Department of Housing • Multifamily rental housing under Tenants may provide third-party
and Urban Development, 451 7th Street section 236 of the National Housing Act documentation along with or in lieu of
SW., Washington, DC 20410; email (12 U.S.C. 1715z–1); form HUD–5382. The VAWA regulation
Colette Pollard at Colette.Pollard@ • HUD programs assisted under the stipulates that one such document—
hud.gov or telephone 202–402–3400. United States Housing Act of 1937 (42 A. Be signed by an employee, agent,
This is not a toll-free number. Persons U.S.C. 1437 et seq.); specifically, public or volunteer of a victim service
with hearing or speech impairments housing under section 6 of the 1937 Act provider, an attorney, or medical
may access this number through TTY by (42 U.S.C. 1437d), tenant-based and professional, or a mental health
calling the toll-free Federal Relay project-based rental assistance under professional (collectively,
Service at (800) 877–8339. section 8 of the 1937 Act (42 U.S.C. ‘‘professional’’) from whom the victim
SUPPLEMENTARY INFORMATION: This 1437f), and the Section 8 Moderate has sought assistance relating to
notice informs the public that HUD is Rehabilitation Single Room Occupancy; domestic violence, dating violence,
seeking approval from OMB for the and sexual assault, or stalking, or the effects
information collection described in • The Housing Trust Fund (12 U.S.C. of abuse;
Section A. 4568). B. Be signed by the applicant or
The provisions of VAWA 2013 that tenant; and
A. Overview of Information Collection
afford protections to victims of domestic C. Specifies, under penalty of perjury,
Title of Information Collection: violence, dating violence, sexual that the professional believes in the
Implementation of the Violence Against assault, or stalking are statutory and occurrence of the incident of domestic
Women Reauthorization Act of 2013 statutorily directed to be implemented. violence, dating violence, sexual
OMB Approval Number: 2577–0286. Accordingly, on November 16, 2016, assault, or stalking and that the incident
Type of Request (i.e., new, revision or HUD published a final rule at 81 FR meets the applicable definition of
extension of currently approved 80724 (VAWA Rule), implementing domestic violence, dating violence,
collection): Revision of currently VAWA 2013’s provisions in its housing sexual assault, or stalking.
approved collection. programs. If an applicant or tenant submits such
Form Number: Forms HUD–5380, To fully implement these provisions a statement, the corresponding
HUD–5381, HUD–5382, and HUD–5383. under VAWA 2013 and the VAWA professional may have to create or
Other: Emergency transfer reporting, Rule, the Department must provide to research documentation to accurately
lease addenda, and lease bifurcation. all PHAs, owners and managers, and complete and maintain a record of the
Description of the need for the grant recipients (collectively ‘‘Covered form.
information and proposed use: The Housing Providers’’ or ‘‘CHPs’’) the HUD provides form HUD–5383:
Violence Against Women three following model documents: Emergency Transfer Request for Certain
Reauthorization Act of 2013 (VAWA • Form HUD–5380: Notice of Victims of Domestic Violence, Dating
mstockstill on DSK30JT082PROD with NOTICES

2013), Public Law 113–4, 127 Stat. 54, Occupancy Rights Under the Violence Violence, Sexual Assault, or Stalking to
reauthorized and amended the Violence Against Women Act. HUD must provide CHPs, which may, at their discretion,
Against Women Act of 1994, as this notice to CHPs, which must in turn distribute it to tenants and applicants.
previously amended (title IV, sec. distribute it to tenants and to applicants This form serves as a model for use by
40001–40703 of Public Law 103–322, 42 denied assistance to ensure they are a CHP to accept requests for emergency
U.S.C. 13925 et seq.). In doing so, aware of their rights under VAWA and transfers under its required VAWA 2013
VAWA 2013 expanded VAWA its implementing regulations. Emergency Transfer Plan. This form

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allows an individual to submit and are being revised to more closely align warning for making false submissions to
certify that they are a victim of domestic with the VAWA regulation and to ensure users of the form are aware of the
violence, dating violence, sexual clarify language. In addition to minor legal nature of submitting false
assault, or stalking and that the incident changes, HUD proposes to make the information to an entity when seeking
in question is bona fide for purposes of following specific changes: access to Federal funds.
being eligible for an emergency transfer. Form 5380: Clarify the ‘‘Tenant Form 5383: Update the
Thus, it serves as another tool for Protections’’ and ‘‘Removing the Abuser ‘‘Confidentiality’’ section to more
documenting the incident or incidents or Perpetrator from the Household’’ closely follow the regulation and put
of domestic violence, dating violence, sections to align with the regulations individuals on notice of confidentiality
sexual assault, and stalking. and provide more information about protections. Reframe question number
VAWA 2013 and/or the VAWA rule bifurcation. Rename ‘‘Moving to 11 as a ‘‘Yes’’ or ‘‘No’’ question. Lastly,
require or permit that CHPs also Another Unit’’ to ‘‘Emergency Transfer’’ add a warning for making false
undertake certain activities as follows: and include more emergency transfer submissions to ensure users of the form
• Emergency Transfer Reporting: language. Add language in the are aware of the legal nature of
CHPs must keep a record of all ‘‘Documenting That You Are or Have submitting false information to an entity
emergency transfers requested under its Been a Victim’’ section about reasonable when seeking access to Federal funds.
emergency transfer plan, and the accommodations and update the
Drafts of the revised forms are being
outcomes of such requests, and retain language for consistency with the
published along with this notice for the
these records for a period of three years, regulation. Lastly, update the
public to see the proposed changes.
or for a period of time as specified in ‘‘Confidentiality’’ section to more
program regulations. Requests and closely follow the regulation and put C. Solicitation of Public Comment
outcomes of such requests must also be individuals on notice of confidentiality
This notice is soliciting comments
reported to HUD annually. protections.
Form 5381: Add a note to covered from members of the public and affected
• The VAWA regulation includes parties concerning the collection of
certain requirements that must be housing providers that the use of the
model form without adding program information described in Section A on
incorporated into the tenant’s lease. the following:
• Lease Bifurcation Option: VAWA specific and housing provider specific
policies will not be sufficient to meet (1) Whether the proposed collection
2013 provides CHPs the option to
the emergency transfer plan of information is necessary for the
bifurcate a lease in order to evict,
requirements. Add a definition section proper performance of the functions of
remove, terminate occupancy rights, or
with definitions taken from the the agency, including whether the
terminate assistance to any individual
regulation. Rename the section titled information will have practical utility;
who is a tenant or lawful occupant of
the housing and who engages in ‘‘Emergency Transfer Timing and (2) The accuracy of the agency’s
criminal activity directly relating to Availability’’ to ‘‘Emergency Transfer estimate of the burden of the proposed
domestic violence, dating violence, Procedures’’ and add two new sections, collection of information;
sexual assault, or stalking. This option ‘‘Emergency Transfer Policies’’ section, (3) Ways to enhance the quality,
is designed to minimize the loss of which clarifies that the provider must utility, and clarity of the information to
housing to individual(s) covered under specify their individual policies for be collected; and
VAWA. different categories of transfers (i.e. (4) Ways to minimize the burden of
Respondents (i.e., affected public): internal or external transfers) where the collection of information on those
Public housing agencies, private applicable, and a ‘‘Priority for who are to respond; including through
multifamily housing owners and Transfers’’ section, which requires the use of appropriate automated
management agents, state and local providers to provide any type of priority collection techniques or other forms of
agencies, and grant recipients. being provided to a victim consistent information technology, e.g., permitting
Estimated Number of Respondents: with 24 CFR 5.2005(e)(3) and (e)(6). electronic submission of responses.
30,087. Update the ‘‘Confidentiality’’ section to HUD encourages interested parties to
Estimated Number of Responses: more closely follow the regulation and submit comment in response to these
7,941,827. put individuals on notice of questions.
Frequency of Response: Varies. confidentiality protections. Lastly, add a
Authority: Section 3507 of the Paperwork
Average Hours per Response: 1.4. ‘‘Making Plan Available’’ section to Reduction Act of 1995, 44 U.S.C. Chapter 35.
Total Estimated Hour Burden: describe how the plan will be made
3,269,550. publicly available, where possible. Dated: July 26, 2017.
Form 5382: Update the ‘‘Submission Colette Pollard,
B. Proposed Changes to the Forms of Documentation’’ section to include Department Reports Management Officer,
The OMB approved forms HUD–5380, information about reasonable Office of the Chief Information Officer.
HUD–5381, HUD–5382, and HUD–5383 accommodations. In addition, add a BILLING CODE 4210–67–P
mstockstill on DSK30JT082PROD with NOTICES

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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: October 2, 2017.
Contact		Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. This is not a toll- free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.
FR Citation		82 FR 35788