This ICR is not approved at this time because it does not adequately address the safety of the respondent, assurance of confidentiality, and the statutory allowances of VAWA.
In its next submission, HUD should clarify, in the instructions, that the certification form is only required if the victim is not providing other documentation considered sufficient by the Violence Against Women Act of 2005, including (i) documentation "signed by an employee, agent or volunteer of a victim service provider, an attorney, or a medical professional, for whom the victim has sought assistance in addressing domestic violence, dating violence, or stalking, or the effects of the abuse, in which the professional attests under penalty of perjury (28 USC 1746) to the professional's belief tha the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic violence, or stalking has signed or attested to the documentation; or (ii) a Federal, State, tribal, territorial, or local police or court record."
With regard to HUD's assurance of confidentiality, HUD is advised to consider the extent to which the Act provides exemptions for maintaining confidentiality. Subsection (a) 8, numerals (i) and (ii) authorize the PHA to share the document with persons requesting the information in writing, and persons who may need the form to commence eviction proceedings.
HUD is not required to publish FR notices prior to submitting its next request.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
01/31/2007
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0
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Residents residing in the public housing and Secton 8 voucher programs, will submit a HUD approval certification form that attest that the individual is a victim of abuse and that the incidences of abuse are bona fide. Without the certification, a PHA or owner may terminate assistance. The information provided to the PHA and owner is confidential.
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.
Comment on Implementation of VAWA.doc
Implementation of the Violence Against Women and Department of Justice Reauthorization Act of 2005