DAS Doc 04JUN23

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000

FOR PUBLIC AND INDIAN HOUSING

MEMORANDUM FOR: Nicholas Bilka, Chief, Office of Policies, Programs, and Legislative
Initiatives, PEVC
FROM:

Danielle Bastarache, Deputy Assistant Secretary, Office of Public
Housing and Voucher Programs, PE

SUBJECT:

Paperwork Reduction Act Submission:
Public Housing Agency (PHA) Lease and Grievance Requirements
OMB Control Number 2577-0006

Summary
Attached for your review is the Public Housing Agency (PHA) Lease and Grievance
Requirements Information Collection Request (ICR). With this current proposed information
collection, The Department of Housing and Urban Development (HUD) intends to the number of
burden hours based on current data. The previous estimation of 287,609 annual burden hours has
been increased to 566,598 hours. The increase in burden hours is due to the increase in the
estimated average hours per response from .25 hours to .5 hours. This estimate is based on the
one-time updates that will need to be made to the leases to account for the changes required by
Section 103 of The Housing Opportunity through Modernization Act of 2016 (HOTMA).
Background
The information collection burden associated with the Lease and Grievance
Requirements is required by statute 42 U.S.C. 1437d and 3535(d). The regulations covering the
Public Housing Lease and Grievance Procedure are located at 24 CFR Part 966 – Public Housing
Lease and Grievance Procedure, Subpart A – Dwelling Leases, Procedures and Subpart B –
Grievance Procedures and Requirements. HOTMA implementation created new lease
requirements in both section 24 CFR 960.507 and 24 CFR 960.509 and made modifications to
section 24 CFR 966.4 (a)(2)(iii). PHAs must now modify the public housing lease to become
month-to-month in the period before termination of an over-income family and 24 CFR 960.509
explains the new requirements for Non-Public Housing Over-Income (NPHOI) families.
Additional regulations at 24 CFR 960.509 stipulate that over-income families permitted to
continue as tenants must pay the alternative rent and sign the lease for NPHOI families no later
than the earlier of the next lease renewal or 60 days after receiving the third notification outlined
in 24 CFR 960.507(c)(3).
HUD specifies various provisions required in leases for NPHOI families, including
details about lease parties, duration, covered costs, renewal or termination procedures, tenant rent
and potential charges, usage rights, PHA and tenant responsibilities, repair and access
obligations, lease termination processes, grievance procedures, and modification protocols.
Grievance or due process rights may be granted in the NPHOI lease if permitted by PHA policy.

www.hud.gov

espanol.hud.gov

There is no form associated with this information collection request and PHAs do not
submit this information to HUD. Instead, the Department simply requires that PHA leases be
consistent with all legal or administrative obligations required by HUD. The PHAs maintain
individual lease documents that conform to local law and grievance procedures are included in or
incorporated by reference in all tenant leases.
If you have any questions, please contact Bernita James, Senior Housing Program
Specialist, at 202-402-7169 [email protected] .

Internal HUD Distribution :

Identification Lines :

Correspondence
Code
Name

Originator

Concurrence

Concurrence

Concurrence

Bernita C. James

Kymian D.
Ray

Todd Thomas

Danielle
Bastarache

Date

7/26/2024

Official Record Copy

U.S. Department of Housing and Urban Development
Previous edition is obsolete.

Concurrence

Concurrence

form HUD-713.1 (02/03)