[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Notices]
[Pages 28833-28834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11076]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5191-N-13]


Notice of Proposed Information Collection: Comment Request; 
Section 8 Renewal Policy Guide

AGENCY: Office of the Assistant Secretary for Housing, HUD.

ACTION: Notice.

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SUMMARY: The proposed information collection requirement described 
below will be submitted to the Office of Management and Budget (OMB) 
for review, as required by the Paperwork Reduction Act. The Department 
is soliciting public comments on the subject proposal. The Guide 
represents contract renewal policy which is consistent with current 
statutes and existing regulations.

DATES: Comments Due Date: July 18, 2008.

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: Lillian L. Deitzer, Reports 
Management Officer, Department of Housing and Urban Development, 451 
7th Street, SW., L'Enfant Plaza Building, Room 8202, Washington, DC 
20410.

FOR FURTHER INFORMATION CONTACT: Gail Williamson, Director, Housing 
Assistance and Policy Division, Department of Housing and Urban 
Development, 451 7th Street, SW., Washington, DC 20410, telephone (202) 
708-3000, extension 2473, for copies of the proposed forms and other 
available information.

SUPPLEMENTARY INFORMATION: The Department is submitting the proposed 
information collection to OMB for review, as required by 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 collection of information to: 
(1) Evaluate whether the proposed collection is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility; (2) Evaluate the accuracy 
of the agency's estimate of the burden of the proposed collection of 
information; (3) Enhance the quality, utility, and clarity of the 
information to be collected; and (4) Minimize the burden of the 
collection of information on those who are to respond; including the 
use of appropriate automated collection techniques or other forms of 
information technology, e.g., permitting electronic submission of 
responses.
    This Notice also lists the following information:
    Title of Proposal: Section 8 Renewal Policy Guide.
    OMB Control Number, if applicable: 2502-New.
    Description of the need for the information and proposed use: The 
modifications of the Section 8 renewal policy and recent legislation 
are implemented to address the essential requirement to preserving low 
income rental housing affordability and availability. The Section 8 
Renewal Policy Guide will include recent legislation modifications for 
renewing of expiring Section 8 policy(ies) Guidebook, as authorized by 
the Code of Federal Regulations 24 CFR Part 401 and 24 CFR Part 402.
    The Multifamily Housing Reform and Affordability Act of 1997 
(MAHRA) for fiscal year 1998 (Public Law 105-65, enacted on October 27, 
1997), required that expiring Section 8 project-based assistance 
contracts be renewed under MAHRA. Established in the MAHRA policies 
renewal of Section 8 project-based contracts rents are based on market 
rents instead of the Fair Market Rent (FMR) standard.
    MAHRA renewals submission should include a Rent Comparability Study 
(RCS). If the RCS indicated rents were at or below comparable market 
rents, the contract was renewed at current rents adjusted by Operating 
Cost Adjustment Factor (OCAF), unless the Owner submitted documentation 
justifying a budget-based rent increase or participation in Mark-Up-To-
Market. The case is that no renewal rents could exceed comparable 
market rents. If the

[[Page 28834]]

RCS indicated rents were above comparable market rents, the contract 
was referred to the Office of Affordable Housing Preservation (OAHP) 
for debt restructuring and/or rent reduction.
    The Preserving Affordable Housing for Senior Citizens and Families 
Into the 21st Century Act of 1999 (Pub. L. 106-74, enacted on October 
20, 1999), modified MAHRA.
    The Section 8 Renewal Policy Guide sets forth six renewal options 
from which a project owner may choose when renewing their expiring 
Section 8 contract: Option One--Mark-Up-To-Market, Option Two--Other 
Contract Renewal with Current Rents at or Below Comparable Market 
Rents, Option Three--Referral to the Office of Affordable Housing 
Preservation (OAHP), Option Four--Renewal of Projects Exempted From 
OMHAR, Option Five--Renewal of Portfolio Reengineering Demonstration or 
Preservation Projects, and Option Six--Opt Outs.
    Owners should select one of six options which are applicable to 
their project and should submit contract renewal on an annual basis to 
renew contract.
    The Section 8 Renewal Guide sets forth six renewal options from 
which a project owner may choose when renewing their expiring Section 8 
contracts.

Option One (Mark-Up-To-Market)
Option Two (Other Contract Renewals with Current Rents at or Below 
Comparable Market Rents
Option Three (Referral to the Office of Multifamily Housing Assistance 
Restructuring--OHAP)
Option Four (Renewal of Projects Exempted from OHAP)
Option Five (Renewal of Portfolio Reengineering Demonstration or 
Preservation Projects)
Option Six (Opt-Outs)

    Agency form numbers, if applicable:

Contract Renewal Request Form (HUD-9624)
OCAF Rent Adjustment Worksheet (HUD-9625)
Initial Eligibility Worksheet Comparability Study Comparison 
Worksheet (HUD-9626)
Section 236, Section 515 and Section 221(d)(3) BMIR Worksheet (HUD-
9627)
Other New Construction and Sub-Rehab Worksheet (HUD-9628)
Appraiser Certification (HUD-9629)
Rent Comparability Grid (HUD-9630)
One Year Notification Owner Does Not Intend to Renew (HUD-9631)
One Year Notification Letter Owner Intends to Renew (HUD-9632)
Use Agreement (HUD-9633)
Addendum to Agreement to Enter Into
Housing Assistance Payments Contract (HUD-9634)
Appendix 15-3 Project Capital Needs Assessments and Replacement 
Reserve Escrow (HUD-9635)
Projects Preparing a Budget-Based Rent Increase (HUD-9636)
Basic Renewal Contract--One Year Term (HUD-9637)
Basic Renewal Contract--Multi-Year Term (HUD-9638)
Renewal Contract for Mark-Up-To-Market Project (HUD-9639)
Housing Assistance Payments Preservation Renewal Contract (HUD-9640)
Interim (Full) Mark-To-Market Renewal Contract (HUD-9641)
Interim (Lite) Mark-To-Market Renewal Contract (HUD-9642)
Full Mark-To-Market Renewal Contract (HUD-9643)
Watch List Renewal Contract (HUD-9644)
Project Based Assistance Payments Amendment Contract Moderate 
Rehabilitation (HUD-9645)
Project Based Section Housing Assistance Payments Extension of 
Renewal Contract (HUD-9646)
Extension Amendment to Old Regulation State Agency Housing Payment 
Contract (HUD-9647)
Consent to Assignment of HAP Contract as Security for Freddie MAC 
Financing (HUD-9648)
Consent to Assignment of HAP Contract as Security for Financing 
(HUD-9649)
Consent to Assignment of HAP Contract as Security for FNMA Financing 
(HUD-9651)
Request to Renew Using Non-Section 8 Units in the Section 8 Project 
as a Market Rent Ceiling (HUD-9652)
Request to Renew Using FMR's as Market Ceiling (HUD-9653)
Addendum to Renewal Contract (HUD-9654)
Rent Comparability Study (HUD-9655)
Rent Comparability Grid (HUD-9656)
Completing the Rent Comparability Grid (HUD-9657)
Required Contents for Rent Comparability Study (HUD-9658)

    Estimation of the total number 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 46,040. 
The number of respondents is 46,040, the number of responses is 46,040, 
the frequency of response is on occasion, and the burden hour per 
response is 1.
    Status of the proposed information collection: This is a new 
collection.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., 
Chapter 35, as amended.

    Dated: May 12, 2008.
Frank L. Davis,
General Deputy Assistant Secretary for Housing--Deputy Federal Housing 
Commissioner.
[FR Doc. E8-11076 Filed 5-16-08; 8:45 am]
BILLING CODE 4210-67-P