[Federal Register: February 3, 2006 (Volume 71, Number 23)]
[Notices]
[Page 5872-5873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe06-90]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5039-N-01]
Notice of Proposed Information Collection: Comment Request
Implementation of the Housing for Older Persons Act of 1995
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice.
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SUMMARY: The proposed information collection requirement establishment
under the Final Rule implementing the Housing for Older Persons act of
1995 (HOPA) will be submitted to the Office of Management and Budget
(OMB) for review, as required by the Paperwork Reduction Act of 1995.
The Department is soliciting public comments on the information
collection requirement.
DATES: Comment Due Date: April 4, 2006.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed information collection requirement. Comments should refer
to the proposed by name and/or OMB Control Number, and should be sent
to: Turner M. Russell, Director, Enforcement Support Division, Office
of Enforcement, Department of Housing and Urban Development, 4517th
Street, SW., Room 5210, Washington, DC 20410-2000.
FOR FURTHER INFORMATION CONTACT: Turner M. Russell, Director,
Enforcement Support Division, Office of Enforcement, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 5210,
Washington, DC 20410-2000; telephone: (202) 619-8041 (this is not a
toll-free number). Hearing or speech-impaired individuals may access
this number via TTY by calling the toll-free Federal Information Relay
Service at: (800) 877-8399.
SUPPLEMENTARY INFORMATION: The Department is submitting this proposed
information collection requirement to the OMB for review, as required
under the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35, as
amended].
This notice is soliciting comments from members of the public and
affected agencies concerning the proposed information collection in
order to: (1) Evaluate whether the proposed information collection is
necessary for the proper performance of the Department's program
functions; (2) Evaluate the accuracy of the Department's assessment of
the paperwork burden that may result from the proposed information
collection; (3) Enhance the quality, utility and clarity of the
information which must be collected; and (4) Minimize the burden of the
information collection on responders, including the use of appropriate
automated collection techniques or other forms of information
technology (e.g., electronic transmission of data).
Title of Regulation: 24 CFR Part 100, Implementation of the Housing
for Older Persons Act of 1995; Final Rule.
OMB Control Number, if applicable: 2529-0046.
Description of the need for the information and proposed use: In
the Fair Housing Amendments Act of 1988 [42 U.S.C. 3601 et seq.],
Congress prohibited discrimination in the sale, rental or advertising
of housing based on familial status (individuals living with one or
more children under 18 years of age). However, at section 3607(b)(2) of
the Act, Congress exempted three (3) categories of ``housing for older
persons'' from liability for familial status discrimination: (1)
Housing providing 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 order; and (3) housing intended and operate 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]. The HOPA modified the
``55 or older'' housing exemption provided under Sec. 3607(b)(2)(C) of
the Act by eliminating the requirement for ``significant facilities and
services specifically designed to meet the physical or social needs of
older persons.'' The HOPA still requires that at least 80 percent of
the occupied units must be occupied by at least one person who is 55
years of age of older; and that housing providers must publish and
adhere to policies and procedures that demonstrate the intent to
operate housing for persons 55 years of age or older. In addition, the
HOPA mandates compliance with ``rules issued by the Secretary for
verification of occupancy, which shall * * * provide for [age]
verification by reliable surveys and affidavits.''
The HOPA Final Rule does not significantly increase the Act's
recordkeeping burden. It describes in greater detail the documentary
evidence which HUD will consider when determining whether or not a
housing facility or community qualifies for the ``55 or older'' housing
exemption. Further, Sec. 100.350(e)(5) of the HOPA Final Rule
established a non extendible one-year transition period [May 3, 1999-
May 3, 2000] for existing housing facilities or communities that wished
to qualify for the ``55 or older'' housing exemption. An existing
housing facility or community that failed to achieve compliance with
the HOPA exemption requirements by May 3, 2000, was required to: (1)
Cease reserving vacant units for ``55 or older'' residents; (2) market
available dwellings to the general public regardless of familial
status; and (3) rescind all policies, practices and procedures that
discriminate against persons with minor children. By definition, such
housing
[[Page 5873]]
facilities communities would no longer need to collect or maintain
occupancy/age verification information for purposes of the ``55 or
older'' housing exemption.
The information collection requirements contained in Sec. Sec.
100.306 and 100.307 of the HOPA Final Rule are necessary to satisfy the
criteria for the ``55 and older'' housing exemption under the HOPA. The
information required under the Act, the HOPA, and the HOPA Final Rule
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 statutory and regulatory
requirement to publish and adhere to age verification policies and
procedures for current and prospective occupants is the usual and
customary practice of the senior housing industry. The procedures for
verifying the ages of current residents may require an initial
occupancy survey, and periodic reviews and updates of existing age
verification records for each occupied dwelling unit. The creation of
such records should occur in the normal course of sale or rental
transactions and should require minimal time.
Three types of information would be collected under the HOPA Final
Rule. A 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. Under Sec. Sec. 100.307(i) of the HOPA
Final Rule, a summary of the occupancy survey results must be made
available for public inspection. This summary need not contain
confidential information about residents; it may simply indicate the
total number of dwelling units occupied by persons 55 years of age or
older. The supporting age verification records may contain some private
information; however, such information would be protected from
disclosure unless the facility or community claims the ``55 or older''
housing exemption as a defense to a jurisdictional familial status
discrimination complaint filed with HUD. HUD's Office of Fair Housing
and Equal Opportunity will only require a housing provider to disclose
such information when HUD investigates a jurisdictional familial status
discrimination complaint, and the housing provider claims the ``55 or
older'' housing exemption as an affirmative defense to the complaint.
Agency form number(s), if applicable: None.
Members of affected public: Both the HOPA and the HOPA Final Rule
require that small businesses and other small entities that operate
housing intended for occupancy by persons 55 years of age or older must
routinely collect and update age verification information necessary to
meet the eligibility criteria for the ``55 or older'' housing
exemption. The recordkeeping requirements are the responsibility of the
housing provider that wishes to qualify for the exemption.
Estimation of the total numbers of hours needed to prepare the
information collection including the number of respondents, frequency
of response, and hours of response: The information collection
requirements of the HOPA Final Rule are the responsibility of the
housing facility or community that claims eligibility for the ``55 or
older'' housing exemption provided under the HOPA. Since the HOPA does
not require HUD certification or registration for ``55 or older''
communities or facilities, it is difficult to estimate the number of
housing facilities and communities that intend to collect this
information in order to qualify for the exemption. When the HOPA
Proposed Rule was published for public comment in January 1997, HUD
estimated that approximately 1,000 facilities or communities would seek
the exemption. HUD also 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 estimated the average
number of housing transactions per year at ``10 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 for the three collections is 5,500
hours.''
Status of the proposed information collection: Extension of a
currently approved collection.
Authority: The Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35, as amended.
Dated: January 26, 2006.
Jon L. Gant,
Deputy Assistant Secretary for Enforcement and Programs.
[FR Doc. 06-994 Filed 2-2-06; 8:45 am]
BILLING CODE 4210-28-M