83i Mixed-Finance 1-26-12

83i Mixed-Finance 1-26-12.docx

Public/Private Partnerships for the Mixed-Finance Development of Public Housing Units

OMB: 2577-0275

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Paperwork Reduction Act Submission

Please read the instruction before completing this form. For additional forms or assistance in completing this forms, contact your agency’s Paperwork Reduction Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 Seventeenth St. NW, Washington, DC 20503.

1. Agency/Subagency Originating Request:


2. OMB Control Number:

U.S. Department of Housing and Urban Development

Office of Public and Indian Housing

a.


b. None

Requesting a new OMB Control Number

3. Type of Information Collection: (check one)

  1. New Collection

  2. Revision of a currently approved collection(see explanations)

  3. Extension of a currently approved collection

  4. Reinstatement, without change, of previously approved

collection for which approval PHAs expired

  1. Reinstatement, with change, of previously approved collection

for which approval PHAs expired

  1. Existing collection in use without an OMB control number

For b-f, note item A2 of Supporting Statement instructions.

4. Type of review requested: (check one)

  1. Regular

  2. Emergency - Approval requested by      

  3. Delegated

5. Small entities: Will this Information Collection have a significant economic impact on a substantial number of small entities?

Yes No

6. Requested expiration date:

a. Three years from approval date b. Other (specify)

     

7. Title:

Public/Private Partnerships for the Mixed-Finance Development of Public Housing Units



8. Agency form number(s): (if applicable)

HUD‑50030; HUD-50029, HUD-50150, HUD-50151, HUD-50154, HUD-50155

9. Keywords:

Housing, Public Housing, Contractor, ACC contract, TDC, development, modernization, rehabilitation

10. Abstract:

The 1998 Public Housing Reform Act allowed the mixed-finance development of public housing units. This meant that Public Housing Authorities (PHAs) could create public housing projects using public housing capital funds and outside sources of funds, subject to HUD's approval. This Information Collection pertains to the information that HUD collects in order to approve the mixed-finance development of public housing prior to a financial closing and the start of construction or rehabilitation activities. Applicants describe ownership, the type, size, and number of units, construction schedule, construction and permanent financing, property management, how public housing operating subsidy will be provided to the project and other operation plans.



11. Affected public: (mark primary with “P” and all others that apply with “X”)

a.  Individuals or households e.  Farms

b.  Business or other for-profit f.  Federal Government

c.  Not-for-profit institutions g. P State, Local or Tribal Government

12. Obligation to respond: (mark primary with “P” and all others that apply with “X”)

a. Voluntary

b. P Required to obtain or retain benefits

c.  Mandatory

13. Annual reporting and recordkeeping hour burden:

a. Number of respondents 130

b. Total annual responses 920

Percentage of these responses collected electronically 0

c. Total annual hours requested 16,980

d. Current OMB inventory 0

e. Difference (+,-) 16,980

f. Explanation of difference:

1. Program change: 7,225

2. Adjustment: 9,755

14. Annual reporting and recordkeeping cost burden: (in thousands of dollars)

Do not include costs based on the hours in item 13.

a. Total annualized capital/startup costs 0

b. Total annual costs (O&M)      0

c. Total annualized cost requested      0

d. Total annual cost requested      0

e. Current OMB inventory      0

f. Explanation of difference:

1. Program change:      

2. Adjustment:      

15. Purpose of Information Collection: (mark primary with “P” and all others that apply with “X”)

a.  Application for benefits e. X Program planning or management

b.  Program evaluation f.  Research

c.  General purpose statistics g. P Regulatory or compliance

d.  Audit

16. Frequency of recordkeeping or reporting: (check all that apply)

a. Recordkeeping b. Third party disclosure

c. Reporting:

1. On occasion 2. Weekly 3. Monthly

4. Quarterly 5. Semi-annually 6. Annually

7. Biennially 8. Other (describe) per financial closing/recordation of documents


17. Statistical methods:

Does this Information Collection employ statistical methods?

Yes No


18. Agency contact: (person who can best answer questions regarding the content of this submission)

Name: Lawrence Gnessin

Phone: 202-402-2676



19. Certification for Paperwork Reduction Act Submissions

On behalf of the U.S. Department of Housing and Urban Development, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

Note: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320/8(b)(3) appears at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.


The following is a summary of the topics, regarding the proposed collections of information that the certification covers:

  1. It is necessary for the proper performance of agency functions;

  2. It avoids unnecessary duplication;

  3. It reduces burden on small entities;

  4. It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

  5. Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

  6. It indicates the retention periods for recordkeeping requirements;

  7. It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

  1. Why the information is being collected;

  2. Use of the information;

  3. Burden estimate;

  4. Nature of response (voluntary, required for a benefit, or mandatory);

  5. Nature and extent of confidentiality; and

  6. Need to display currently valid OMB control number;

  1. It was developed by an office that PHAs planned and allocated resources for the efficient and effective management and use of the information to collected (see note in item 19 of the instructions);

  2. It uses effective and efficient statistical survey methodology; and

  3. It makes appropriate use of information technology.


If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

     


Signature of Program Official:




X

Dominique Blom, Deputy Assistant Secretary


Date:




Supporting Statement for Paperwork Reduction Act Submissions


A. Justification:


  1. Why is this information necessary?

The Quality Housing and Work Responsibility Act of 1998 (P.L. 195-276, approved October 21, 1998), also known as the Public Housing Reform Act, created Section 35 of the U.S. Housing Act of 1937, 42 U.S.C. 1437. Section 35 allows PHAs to own, operate, assist or otherwise participate in the development and operation of mixed-finance projects. Prior to this, all public housing had to be developed and owned by a Public Housing Authority (PHA). However, Section 35 allowed PHAs to provide Section 9 capital and operating assistance to mixed-finance projects, which are also financially assisted by private and other resources. Private and other resources include tax credit equity, private mortgages and other federal, state or local funds. Section 35 also allows non-PHA owner entities to own and operate mixed-finance projects that contain both public housing and non-public housing units, or only public housing units. Along with public housing unit development, mixed-finance real estate development or rehabilitation transactions are used to extend public housing appropriations in housing development and to develop mixed-income housing, where public housing residents are anonymously mixed in with affordable and market rate housing residents.

In order to approve the development of mixed-finance projects, HUD collects certain information from each PHA/Ownership Entity. Under current regulations, HUD collects and reviews mixed-finance proposals and all financing and legal agreements that the PHA/owner entity has with HUD and with third-parties in connection with that mixed-finance project. This includes unique legal documents along with standardized forms and “Certifications and Assurances,” which are not exempted under PRA. Regulations for the processing of mixed-finance public housing projects are at 24 CFR 941 (“§941” or part thereof).


  1. How is this information to be used?

This information is collected to ensure that the mixed-finance development effort has sufficient funds to reach completion, remain financially viable, and follow HUD legal and programmatic guidelines for housing project development or rehabilitation, ownership and use restrictions, as well as preserving HUD’s rights to the project.

PHAs must provide information to HUD before a proposal can be approved for mixed-finance development. Information on HUD-prescribed forms and in HUD-prescribed contracts and agreements provides HUD with sufficient information to enable a determination that funds should or should not be reserved or a contractual commitment made. Regulations at 24 CFR part 941 (“§941”) state the contents of a full mixed-finance proposal and evidentiary materials required for the financial closing and evidentiary recordation of a mixed-finance development. The regulations also list and describe the specific documentary submission requirements.


This table describes the collection documents (ICs) that are required under §941. Several are being reinstated after accidentally or inappropriately being removed from existing Control Numbers. Since there are a mixture of reinstated, new and OMB approved ICs, each IC description below includes its Control Number history.


Information Collection Form/Document

Title

Description

1

HUD-50030

Mixed-Finance Rental Term Sheet

This IC summarizes development terms of a Mixed-Finance rental project.

Collection Document History: This was included in OMB Control Number 2577-0157, and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011, but remains in 2577-0157 on OMB’s IC List. If still in 2577-0157, it has an expiration date of 1/31/2014 on the OMB website. Through this ICR, this document is being modified due to the automation and break-out of several calculations. This ICR also clarifies the Control Number confusion of this IC, as explained above, by moving it to the new Mixed-Finance OMB Control Number.

2

Supplementary Document:


Unique Legal Document

Mixed-Finance Amendment to the Annual Contributions Contract

This document contains the terms and conditions of the mixed-finance transaction.

Collection Document History: This document was included in 2577-0157 and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011. This IC is being reinstated via this ICR. This remedies a non-compliance issue.

3

Supplementary Document:


Unique Legal Document

Mixed-Finance Declaration of Restrictive Covenants

This is the legal document to be recorded in local land records, which states the public housing units will be available for use by eligible low-income families in accordance with all applicable public housing requirements.

Collection Document History: This document was included in 2577-0157 and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011. This IC is being reinstated via this ICR. This remedies a non-compliance issue.

4

Supplementary Document:


Unique Legal Document

Mixed-Finance Final Title Policy

This is the title insurance policy issued on the mixed-finance project.

Collection Document History: This document was included in 2577-0157 and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011. This IC is being reinstated via this ICR. This remedies a non-compliance issue.

5

Supplementary Document:


Unique Legal Document

Mixed-Finance Legal Opinion

This is the Legal Opinion by the attorney representing the PHA that the PHA has the authority to enter into all agreements and that mixed-finance development legal evidentiaries are correct and legally sufficient.

Collection Document History: This document was included in 2577-0157 and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011. This IC is being reinstated via this ICR. This remedies a non-compliance issue.

6

Supplementary Document:


Unique Legal Documents

Mixed-Finance Evidentiaries

This group of ICs are Third-Party financial and legal agreements between the PHA, Owner Entity or other participating parties, other than HUD.

Collection Document History: This document was included in OMB Control Number 2577-0033, which was consolidated into 2577-0157 with 12 other OMB Control Numbers via NOA dated 11/18/2005. This IC was accidentally not included in the IC List of the consolidated 2577-0157 ICR and is being reinstated via this ICR. This remedies a non-compliance issue.

7

Supplementary Document:


Unique Legal Document

Regulatory and Operating Agreement (“R&O”)

This is a Third-Party legal document between the PHA and the Ownership Entity that describes the low-income rental and other restrictions on public housing within the mixed-finance project.

Collection Document History: As a Third-Party legal document, this collection was included within Mixed-Finance Evidentiaries, item IC 6 above, in Control Number 2577-0033. This IC is considered central to HUD’s due diligence process. Due to its importance, it is being broken out of Mixed-Finance Evidentiaries and is being added as a separate ICR document. Since the Mixed-Finance Evidentiaries were accidentally excluded from the IC List described in ICR document IC 6, above, inclusion of the R&O is considered a remedy of a non-compliance issue.

8

Supplementary Document:


Unique Legal Document

Transition Plan

This document describes the actions that will be taken by the Owner Entity and the PHA in the event that the public housing units described in the Development Proposal and Mixed-Finance Amendment to the Annual Contributions Contract cannot be maintained as public housing units, usually due to financial infeasibility or damage due to a natural or man-made disaster.

Collection Document History: As a Third-Party legal document, this collection was included within Mixed-Finance Evidentiaries, mandated by the R&O, in Control Number 2577-0033. This IC is considered central to HUD’s due diligence process. Due to its importance, it is being broken out of Mixed-Finance Evidentiaries and is being added as a separate ICR document. Since the Mixed-Finance Evidentiaries were accidentally excluded from the IC List described in ICR document #6, above, inclusion of the Transition Plan may be considered a remedy of a non-compliance issue.

9

HUD-50151

Mixed-Finance Certifications and Assurances

The PHA signs this document, under penalty of perjury, which certifies that the PHA will meet HUD’s statutory and regulatory requirements in the production and operation of the mixed-finance development.

Collection Document History: This document was approved in 2577-0157 and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011. This IC’s format has been modified to include a PRA statement and other HUD form requirements. It is being reinstated via this ICR. This action rectifies a non-compliance situation.

10

Supplementary Document:


Unique Legal Document

Site Acquisition Proposal

When a PHA determines that it is necessary to acquire land or property for the development of public housing, the PHA must submit a site/property acquisition proposal to HUD for review and approval. The proposal includes a description of the property and of the related Development, including all aspects of the property that may affect or delay the Development’s construction and operation.

Collection Document History: This information has been collected for a number of years without a Control Number, and is now being included in the new Mixed-Finance OMB Control Number. This remedies a non-compliance issue.

11

Supplementary Document:


Unique Legal Document

Development Proposal

When a PHA plans to develop a 100% public housing project, it must submit a detailed proposal to HUD and obtain HUD approval of the development proposal. This document consists of information similar to that is collected in ICs 1 through 5, above.

Collection Document History: The Development Proposal has been collected for a number of years, even prior to the 1998 Public Housing Reform Act that allowed mixed-finance development of public housing. Many of HUD’s Field Offices no longer use the forms and instead perform a Mixed-Finance type of due diligence. This Development Proposal contains the information that has been collected through the years, plus more sophisticated financial and ownership information. This remedies a non-compliance issue.

12

HUD-50150

Term Sheet Calculator

This is a new form that automates existing manual information collections that have been part of the Mixed-Finance Rental Term Sheet (RTS), form HUD-50030 and Homeownership Term Sheet form HUD-50029. It calculates the Total Development Cost Limit, presents the development budget for a construction phase and checks developer and construction contractor fees for cost reasonableness. The form is referenced in the RTS.

13

HUD-50029

Mixed-Finance Homeownership Term Sheet

This document summarizes the development terms of a mixed-finance homeownership project, which uses public housing funds for construction.

Collection Document History: This was included in OMB Control Number 2577-0157, and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011, but remains in 2577-0157 on OMB’s IC List. If still in 2577-0157, it has an expiration date of 1/31/2014 on the OMB website. Through this ICR, this document is being modified due to the automation and break-out of several calculations. This ICR also clarifies the Control Number confusion of this IC, as explained above, by moving it to the new mixed-finance OMB Control Number.

14

Supplementary Document:


Unique Legal Document

Mixed-Finance Homeownership Addendum

This is the agreement between HUD and PHA, which is executed following HUD’s approval of a mixed-finance homeownership project. It modifies the HOPE VI Grant Agreement by adding the Homeownership terms and conditions.

Collection Document History: This document was included in 2577-0157 and was removed per the Supporting Statement on OMB’s http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201010-2577-002 by NOA of 1/31/2011. This IC is being reinstated via this ICR. This remedies a non-compliance issue.

15

HUD-50154

Mixed-Finance Homeownership Certifications and Assurances

The PHA signs this document, which certifies that the PHA has the legal authority to enter into agreements, that it will obtain all Evidentiaries that will be maintained for inspection, it will ensure that HUD’s statutory and regulatory requirements will be met in the production and operation of the mixed-finance homeownership project.

Collection Document History: This information has been collected for several years without a Control Number, and is now being included in the new OMB Control Number for mixed-finance. This remedies a non-compliance issue.

16

HUD-50155

Mixed-Finance and Homeownership Pre-Funding Certifications and Assurances

The PHA signs this document, under penalty of perjury, which certifies that the PHA has executed, or will execute, the documents listed in the Mixed-Finance ACC Amendment or the Homeownership Addendum, and that funds included in the Term Sheet are firmly committed to the project, in accordance with §§941.610.

Collection Document History: This information has been collected for several years without a Control Number, and is now being included in the new OMB Control Number for mixed-finance. This remedies a non-compliance issue.

17

Supplementary Document:


Unique Legal Document

Mixed-Finance Homeownership Declaration of Restrictive Covenants (HDRC)

This is a Third-Party legal document between the PHA and the Ownership Entity that describes the low-income rental and other restrictions on public housing within the mixed-finance project.

Collection Document History: As a Third-Party legal document, this collection was included within Mixed-Finance Evidentiaries, item IC 6 above, in Control Number 2577-0033. This IC is considered central to HUD’s due diligence process. Due to its importance, it is being broken out of Mixed-Finance Evidentiaries and is being added as a separate IC. Since the Mixed-Finance Evidentiaries were accidentally excluded from the IC List described in IC 6, above, inclusion of the HDRC is considered a remedy of a non-compliance issue.


3. Describe whether, and to what extent, the collection of information is automated?

The collection is not automated for submission via Internet web. However, the Mixed-Finance Amendment to the Annual Contributions Contract, the Mixed-Finance Homeownership Addendum, along with their respective Exhibits, and four formats for the Unique Legal Documents are posted at www.hud.gov/hopevi. The other HUD forms that are included in this ICR will be posted to this website as well. A number of manual financial calculations connected to form HUD-50030 and 50029 are being replaced with Excel form HUD-50150, which completes all calculations once basic financial information is entered. Models of the Unique Legal Documents are also available on the HOPE VI website. HUD encourages Respondents to submit all ICs on CD to minimize paper use in printing.


4. Duplication of Information

Information about a 100% public housing project that is not mixed-finance is sometimes collected in three out-dated forms under OMB 2577-0157. These three forms date from before the 1998 Public Housing Reform Act and in the 1990’s made up the Development Proposal. The forms are HUD-52483-A, Proposal for a Public Housing Project (05/1994); HUD-52484, Development Cost Budget/Cost Statement (08/1996); and HUD-52485, Demonstration of Financial Feasibility (05/1994). Although the forms are still in an IC List, typically their submission is no longer required by HUD offices. Upon the approval of this ICR, these three forms will be removed from OMB 2577-0157 through another ICR.


  1. Does the collection of information impact small businesses or other small entities?

This collection of information does not significantly impact small businesses or entities.


6. Describe the consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently.

Without this information, HUD cannot determine whether public housing funds are being used for eligible activities and whether a project meets applicable public housing requirements. Without this information, HUD cannot provide assurance that appropriated funds are being used in accordance with current law and regulations.

7. Explain any special circumstances

This ICR includes collection documents (ICs) that are required under §941 for the development of mixed-finance public housing. Mixed-finance housing development consists of complex, unique financial scenarios, which require specialized, knowledgeable staff. HUD is requesting a new OMB Control Number that will cover the information collection needs of mixed-finance housing development and remedy non-compliance.


All but two ICs included in this ICR remedy non-compliance issues. The two ICs that are current and active are forms HUD-50029 and HUD-50030 (IC 1 and 13), which are in OMB 2577-0157. These two ICs were supposed to be removed from 2577-0157 under NOA dated 1/31/2011, per the Supporting Statement, but appear to have been accidentally retained by OMB in the IC List for that Control Number. Both have an expiration date of 1/31/2014. Through this ICR, they are being moved to this new OMB Control Number for mixed-finance. Both of these two forms are being modified via this ICR.


A number of the other ICs (ICs 2, 3, 4, 5, 9, and 14) are being reinstated. These documents were originally included in 2577-0157 and were inappropriately removed at HUD’s request, under NOA dated 1/31/2011.


One other IC being reinstated, “Mixed-Finance Evidentiaries,” (IC 6) had accidentally been dropped when 13 Control Numbers were consolidated into OMB 2577-0157 under NOA dated 11/18/2005. Two other evidentiary documents, Regulatory and Operating Agreement (IC 7) and Transition Plan (IC 8) are being broken out of the Mixed-Finance Evidentiaries for rental units, because of their importance. This ICR includes three other homeownership documents (ICs 15, 16 and 17), which are homeownership Evidentiaries, but for which HUD has never had an OMB control numbers. All of the above will remedy non-compliance issues.


Two remaining ICs (ICs 10 and 11) relate to the development of projects that are 100% public housing, but use a due diligence methodology that is similar to Mixed-Finance. Inclusion of these ICs remedies a non-compliance issue, as HUD has collected this information, but did not have an OMB Control Number.


8. Identify the date and page number of the Federal Register notice soliciting comments on the information.

The 60-day Notice of Proposed Information Collection for Public Comment; Public/Private Partnerships for the Mixed-Finance Development of Public Housing Units was published in the Federal Register, Volume 77, page 1497, on January 10, 2012. No comments were received.

9. Explain any payments or gifts to respondents, other than remuneration of contractors or grantees.

No payments or gifts to respondents are provided.


10. Describe any assurance of confidentiality provided to respondents.

The information provided is not of a confidential nature.


11. Justify any questions of a sensitive nature, such as sexual, religious beliefs, and other matters that are commonly considered private.

The information collected does not contain questions of a sensitive nature.


12. Annual Reporting Burden

Respondents are PHAs. The number of respondents is based upon historical records kept by HUD on the annual number of financial closings. The hours per response is based upon HUD staff experience working with the respondents. The cost per hour is based upon the average salary of HUD staff that process the submissions made by PHA staff, and upon the hourly rate of mixed-finance attorneys, where the IC is prepared by an attorney.


 

Form/Document

No. of Respondents

Frequency

Total Responses

Hours per Response

Total Hours

Cost per hour

Total Cost

1

HUD-50030

Mixed-Finance Rental Term Sheet

60

1

60

16

960

$50

$48,000

2

Supplementary Document:

Unique Legal Document


Mixed-Finance Amendment to the Annual Contributions Contract

60

1

60

24

1,440

$50

$72,000

3

Supplementary Document:

Unique Legal Document


Mixed-Finance Declaration of Restrictive Covenants

60

1

60

0.25

15

$200

$3,000

4

Supplementary Document:

Unique Legal Document


Mixed-Finance Final Title Policy

60

1

60

16

960

$200

$192,000

5

Supplementary Document:

Unique Legal Document


Mixed-Finance Legal Opinion

60

1

60

1

60

$200

$12,000

6

Supplementary Document:

Unique Legal Documents


Mixed-Finance Evidentiaries

60

1

60

116

6,960

$200

$1,392,000

7

Supplementary Document:

Unique Legal Document


Regulatory and Operating Agreement

60

1

60

8

480

$200

$96,000

8

Supplementary Document:

Unique Legal Document


Transition Plan

60

1

60

8

480

$200

$96,000

9

HUD-50151

Mixed-Finance Certifications and Assurances

60

1

60

0.25

15.0

$50

$750

10

Supplementary Document:

Unique Legal Document


Site Acquisition Proposal

110

1

110

8

880

$50

$44,000

11

Supplementary Document:

Unique Legal Document


Development Proposal

50

1

50

80

4,000

$50

$200,000

12

HUD-50150

Term Sheet Calculator

60

1

60

1

60

$50

$3,000

13

HUD-50029

Mixed-Finance Homeownership Term Sheet

20

1

20

16

320

$50

$16,000

14

Supplementary Document:

Unique Legal Document


Mixed-Finance Homeownership Addendum

20

1

20

16

320

$200

$64,000

15

HUD-50154

Mixed-Finance Homeownership Certifications and Assurances

20

1

20

0.25

5

$50

$250

16

HUD-50155

Mixed-Finance and Homeownership Pre-Funding Certifications and Assurances

80

1

80

0.25

20

$50

$1,000

17

Mixed-Finance Homeownership Declaration of Restrictive Covenants

20

1

20

0.25

5

$50

$250

 

TOTALS

130

 

920

 

16,980

 

$2,240,250


13. Additional Cost to Respondents

Cost to Respondents is decreased. The ICs in this ICR that are being reinstated represent non-compliant collections that did not cease with the prior removal of the ICs. These ICs represent mixed-finance information that has been collected by HUD continuously for many years.

One IC is new and not related to a non-compliant collection. Form HUD-50150, “Term Sheet Calculator,” automates several manual calculations required by form HUD-50030, Mixed-Finance Rental Term Sheet.


14. Annualized cost to the Federal Government

The estimated annualized cost to the Federal Government is based on the hourly rate of approximately $50 an hour and an annual rate of $105,211, the 2010 General Pay Scale for a GS 14 Step 1. On average, this represents the staff of HUD’s Office of Public Housing Investments (OPHI), who process the typical mixed-finance transaction. There are approximately 40 employees that work on Mixed-Finance transactions approximately one-half of their time, including support and Management staff. 40 x ½ x $105,112 equals $2,102,240 of salary per year.


15. Explain any program changes or adjustments.


  1. Program Changes:


    1. The information in the following ICs is currently being collected, but has never had a Control Number assigned. IC i., new form HUD‑50150, combines several financial calculations that are currently manually performed by the respondents. The form has automated the calculations using MS Excel. HUD estimates that a total of 120 burden hours are being saved with the implementation of this form. Unfortunately, since the original burden hours never had a Control Number and were not previously reported, the burden hour savings is not included in the totals for this ICR. PRA information and form numbers have been assigned to three existing ICs, ii. Through iv., below. ICs v. through ix., below, are unique legal documents that must be submitted to HUD. The inclusion of these ICs in the new OMB Control Number will resolve some of HUD’s Mixed-Finance non-compliance issues. These ICs have a total of 5,945 burden hours and a cost of $441,250.


      1. HUD-50150 Term Sheet Calculator

      2. HUD-50151 Mixed-Finance Certifications and Assurances

      3. HUD-50154 Mixed-Finance Homeownership Certifications and Assurances

      4. HUD-50155 Mixed-Finance and Homeownership Pre-Funding Certifications and Assurances

      5. Regulatory and Operating Agreement: Supplementary Document: Unique Legal Document

      6. Mixed-Finance Homeownership Declaration of Restrictive Covenants: Supplementary Document: Unique Legal Document

      7. Site Acquisition Proposal: Supplementary Document: Unique Legal Document

      8. Development Proposal: Supplementary Document: Unique Legal Document

      9. Transition Plan: Supplementary Document: Unique Legal Document


    1. The following ICs are being moved from OMB 2577-0157 to the new Mixed-Finance Control Number. These documents summarize information that is included in other ICs included in this ICR. The burden hours for each of these forms has been increased from 8 hours to 16 hours. Form HUD-50030 has been updated to reflect the introduction of form HUD-50150, Term Sheet Calculator, and to delete items that are not needed in the summary. The original 8 hour burden for both of these ICs did not realistically take into account the research necessary to find the information in other ICs. These ICs have a total of 1,280 burden hours and a cost of $64,000.


      1. HUD-50030 Mixed-Finance Rental Term Sheet

      2. HUD-50029 Mixed-Finance Homeownership Term Sheet


    1. Program Change Total

The Program Changes in this ICR have a total of 7,225 burden hours and a cost of $505,250.


  1. Adjustments:

    1. The following ICs had been inappropriately removed from other Control Numbers and are being reinstated. IC i., below, had been reported under OMB Number 2577-0033, but was accidentally removed when that and 12 other Numbers were consolidated into 2577-0157. ICs ii. through vi., below, had been reported under OMB Number 2577-0157. The inclusion of these ICs in the new OMB Control Number resolves the remainder of HUD’s Mixed-Finance non-compliance issues. See the matrix in the answer to Question 2 for details of the Control Number histories.


      1. Mixed-Finance Evidentiaries: Supplementary Document: Unique Legal Document

      2. Mixed-Finance Amendment to the Annual Contributions Contract: Supplementary Document: Unique Legal Document

      3. Mixed-Finance Declaration of Restrictive Covenants: Supplementary Document: Unique Legal Document

      4. Mixed-Finance Final Title Policy: Supplementary Document: Unique Legal Document

      5. Mixed-Finance Legal Opinion: Supplementary Document: Unique Legal Document

      6. Mixed-finance Homeownership Addendum: Supplementary Document: Unique Legal Document


    1. Adjustments Total

The Adjustments in this ICR have a total of 9,775 burden hours and a cost of $1,735,000.



  1. Grand Total

The total increase in burden hours due to Program Changes is 7,225 hours at a cost of $505,250.

The total increase in burden hours due to Adjustments is 9,770 hours at a cost of $1,735,000.


The grand total increase in burden hours is 16,980 at a cost of $2,240,250.


16. If the information will be published, outline plans for tabulation and publication.

The results of this Information Collection will not be published.


17. OMB Expiration Date

HUD is not seeking approval to avoid displaying the OMB expiration date.


18. Certification of Paperwork Reduction Act Submission

There is no exception to Item # 19 "Certification of Paperwork Reduction Act Submission.”



B. Collections of Information Employing Statistical Methods.


This collection of information does not employ statistical methods.


OMB-83-I 10/95

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitlePaperwork Reduction Act Submission
AuthorWAYNE EDDINS
File Modified0000-00-00
File Created2021-01-31

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