OMB approval for
this information collection expired in November 1986. The
Department has apparently been sponsoring this collection in
violation of the Paperwork Reduction Act since that time. In
addition in OMB's last review in 1986, it did not approve the
"additional information" components of the handbook. OMB directed
HUD to revise the handbook accordingly. In this submission, four
years later, HUD states that "we cannot comply with OMB's
remarks...." We should make clear that HUD has no authority to
refuse to comply with the Paperwork Reduction Act. Nor does HUD
have the authority to collect information that is not approved by
this Office. If HUD believes that information is critical to
program needs, it must make that argument in a submission to this
Office and await OMB approval. We continue to disapprove the
"additional material" section, and direct HUD to revise the
handbook to indicate that where the data submitted on the
management agency profile is incomplete, field office staff may
contact the respondent to clarify the response. In no case may
field offices require further information without OMB approval. HUD
shall respond to these comments by December 1990, and shall explain
the reasons for its noncompliance with legal requirements.
Inventory as of this Action
Requested
Previously Approved
12/31/1990
12/31/1990
12,600
0
0
4,350
0
0
0
0
0
THE MANAGEMENT DOCUMENTS FOR
MULTIFAMILY HOUSING PROJECTS ARE NEEDED BY HUD TO DETERMINE THE
ACCEPTABILITY OF PROPOSED MANAGEMENT AGENTS, ASSURE COMPLIANCE WITH
PROGRAM REQUIREMENTS, PROVIDE LEVERAGE FOR REMOVING POOR MANAGERS
AND RECOVER EXCESSIVE MANAGEMENT FEES.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.