30 day Rederal Register

Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices
A. Overview of Information Collection
Title of Information Collection:
Comprehensive Needs Assessment
(CNA).
OMB Approval Number: 2502–0505.
Type of Request: Revision of a
currently approved collection.
Form Number: None: CNAs are
required to be prepared by qualified
third party entities and provided to the
loan originator or servicer for review.
The originator or servicer then provides
the completed document to the owner,
who must provide a copy to HUD.
Description of the need for the
information and proposed use:
Collecting this information is required
for compliance with the statute. In
addition, this information allows the
project owner and HUD to assess
current project resources and determine
future financial resources required to
meet the needs of the project.
Estimation of the total numbers of
hours needed to prepare the information
collection including number of
respondents, frequency of response, and
hours of response: The number of
burden hours is 72,720. The number of
respondents is 1,818, the number of
responses is 1,818, the frequency of
response is on occasion, and the burden
hour per response is 40.

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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 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.
C. Authority
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.

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Dated: June 27, 2013.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2013–15994 Filed 7–2–13; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5683–N–57]

30-Day Notice of Proposed Information
Collection: Implementation of the
Housing for Older Persons Act of 1995
(HOPA)
Office of the Chief Information
Officer, HUD.

AGENCY:
ACTION:

Notice.

HUD has 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.

SUMMARY:

DATES:

Comments Due Date: August 2,

2013.
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].

ADDRESSES:

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. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. This is not a toll-free number.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
This
notice informs the public that HUD has
submitted to OMB a request for
approval of 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 28, 2012.

SUPPLEMENTARY INFORMATION:

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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: Reinstatement
without change of a previously
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 § 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) [Pub.
L. 104–76, 109 STAT. 787] as an
amendment to the Fair Housing Act.
The HOPA modified the ‘‘55 or older’’
housing exemption provided under
§ 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

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Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices

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 actually occupied by
persons 55 years of age or older. While
the supporting age verification records
may contain confidential information
about individual occupants, such
information .
Estimation of the total numbers of
hours needed to prepare the information
collection including number of

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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 has
estimated that the occupancy/age
verification data would require routine
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.
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 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.

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C. Authority
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: June 27, 2013.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2013–15995 Filed 7–2–13; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5683–N–58]

30-Day Notice of Proposed Information
Collection: FHA TOTAL (Technology
Open to Approved Lenders) Mortgage
Scorecard
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:

HUD has 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 2,
2013.
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:
Brenda Boldridge, U.S. Department of
Housing and Urban Development, 451
7th Street SW., Washington, DC 20410;
fax: 202–708–XXXX. Email:
[email protected].
SUMMARY:

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. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. This is not a toll-free number.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD has
submitted to OMB a request for
approval of the information collection
described in Section A. The Federal
Register notice that solicited public
comment on the information collection

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