60-Day Notice of Proposed Information Collection: Public Housing Agency (PHA) Lease and Grievance Requirements; OMB Control No.: 2577-0006

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Federal RegisterOct 3, 2024
89 Fed. Reg. 80591 (Oct. 3, 2024)
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    Department of Housing and Urban Development
  • [Docket No. FR-7091-N-05]
  • AGENCY:

    Office of Public and Indian Housing, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: December 2, 2024.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Written comments and recommendations for the proposed information collection can be sent within 60 days of publication of this notice to www.regulations.gov. Interested persons are also invited to submit comments regarding this proposal by name and/or OMB Control Number and can be sent to: Colette Pollard, Reports Management Officer, REE, Department of Housing and Urban Development, 451 7th Street SW, Room 8210, Washington, DC 20410-5000; telephone 202-402-3400 for Colette (this is not a toll-free number) or email at Colette.Pollard@hud.gov for a copy of the proposed forms or other available information.

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, REE, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Colette.Pollard@hud.gov, telephone (202) 402-3400. This is not a toll-free number. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit https:// www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: Public Housing Agency (PHA) Lease and Grievance Requirements.

    OMB Approval Number: 2577-0006.

    Type of Request: Reinstatement, with change, of previously approved collection for which approval has expired.

    Form Number: None.

    Description of the need for the information and proposed use: The Public Housing (PH) dwelling lease and grievance procedures are required by the United States Housing Act of 1937, specifically under Sections 6(k) and 6(l). These sections outline requirements such as establishing administrative grievance procedures for Public Housing Agencies (PHAs), utilizing leases with a 12-month term automatically renewed except for specific noncompliance instances, and specifying lease provisions for families paying the alternative non-public housing rent (alternative rent). Detailed regulations can be found in 24 CFR part 966—Public Housing Lease and Grievance Procedure, Subpart A—Dwelling Leases, Procedures, and Subpart B—Grievance Procedures and Requirements. Upon renting and receiving rental housing assistance, residents must sign a lease and acknowledge the grievance procedures, as outlined by the Department of Housing and Urban Development (HUD). PHAs are responsible for maintaining records and following these procedures, ensuring consistency with HUD's legal and administrative obligations.

    The implementation of the Housing Opportunity Through Modernization Act of 2016 (HOTMA) 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 PH lease to become month-to-month in the period before termination of an over-income family and 24 CFR 960.509 explains the new lease requirements for Non-Public Housing Over-Income (NPHOI) families. 24 CFR 960.509 stipulates that over-income families permitted to continue as tenants must pay the alternative rent and sign the lease for NPHOI families no later than either the next lease renewal or 60 days after receiving the third notification outlined in 24 CFR 960.507(c)(3), whichever comes first. 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.

    Members of affected public: Public Housing leaseholders.

    Estimated Number of Respondents: 809,425.

    Estimated Number of Responses: 1,133,195.

    Frequency of Response: 1.4.

    Average Hours per Response:.5.

    Total Estimated Burdens: 566,598.

    Information collection Number of respondents Frequency of response Responses per annum Burden hour per response Annual burden hours Hourly cost per response Annual cost
    Tenant leases and grievance procedures (recordkeeping) 809,425 1.4 1,133,195 .5 * 566,598 ** $22.27 $12,618,137
    * Calculation: 809,425 households (as of 7/22/2024 per the Public Housing Data Dashboard) × 1.4 median number of new and interim leases + changes + grievances (formal and informal) × 30 minutes (.5 of an hour) median time to complete = 566,598 total hours. ( https://www.hud.gov/program_offices/public_indian_housing/programs/ph/PH_Dashboard )
    ** Calculation: 566,598, total hours × $22.27 per hour = $12,618,137. The hourly rate assumes that the national average for housing authority staff responsible for preparing leases earn the equivalent of the 2024 GS Grade 8 Step 1 ( https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2024/GS_h.pdf ).