[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35788-35817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16110]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5997-N-39]


60-Day Notice of Proposed Information Collection: Implementation 
of the Violence Against Women Reauthorization Act of 2013

AGENCY: Offices of Housing, Public and Indian Housing, and Community 
Planning and Development, HUD.

ACTION: Notice.

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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: October 2, 2017.

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: Colette Pollard, Reports 
Management Officer, QDAM, Department of Housing and Urban Development, 
451 7th Street SW., Room 4176, Washington, DC

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20410-5000; email [email protected] or telephone 202-402-3400 
(this is not a toll-free number). Persons with hearing or speech 
impairments may access this number through TTY by calling the toll-free 
Federal Relay Service at (800) 877-8339. Interested persons may also 
submit comments electronically through the Federal eRulemaking Portal 
at www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

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. This is not a toll-
free number. Persons with hearing or speech impairments may access this 
number through TTY by calling the toll-free Federal Relay Service at 
(800) 877-8339.

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: Implementation of the Violence 
Against Women Reauthorization Act of 2013 OMB Approval Number: 2577-
0286.
    Type of Request (i.e., new, revision or extension of currently 
approved collection): Revision of currently approved collection.
    Form Number: Forms HUD-5380, HUD-5381, HUD-5382, and HUD-5383.
    Other: Emergency transfer reporting, lease addenda, and lease 
bifurcation.
    Description of the need for the information and proposed use: The 
Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public 
Law 113-4, 127 Stat. 54, reauthorized and amended the Violence Against 
Women Act of 1994, as previously amended (title IV, sec. 40001-40703 of 
Public Law 103-322, 42 U.S.C. 13925 et seq.). In doing so, VAWA 2013 
expanded VAWA protections from HUD's Section 8 and Public Housing 
programs only to many of HUD's housing programs. The programs now 
covered under the final VAWA Rule include:
     Section 202 Supportive Housing for the Elderly (12 U.S.C. 
1701q);
     Section 811 Supportive Housing for Persons with 
Disabilities (42 U.S.C. 8013);
     Housing Opportunities for Persons with AIDS (HOPWA) 
program (42 U.S.C. 12901 et seq.);
     HOME Investment Partnerships (HOME) program (42 U.S.C. 
12741 et seq.);
     Homeless programs under title IV of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11360 et seq.), including the 
Emergency Solutions Grants (ESG) program, the Continuum of Care (CoC) 
program, and the Rural Housing Stability (RHS) Assistance program;
     Multifamily rental housing under section 221(d)(3) of the 
National Housing Act (12 U.S.C. 17151(d)) with a below-market interest 
rate (BMIR) pursuant to section 221(d)(5);
     Multifamily rental housing under section 236 of the 
National Housing Act (12 U.S.C. 1715z-1);
     HUD programs assisted under the United States Housing Act 
of 1937 (42 U.S.C. 1437 et seq.); specifically, public housing under 
section 6 of the 1937 Act (42 U.S.C. 1437d), tenant-based and project-
based rental assistance under section 8 of the 1937 Act (42 U.S.C. 
1437f), and the Section 8 Moderate Rehabilitation Single Room 
Occupancy; and
     The Housing Trust Fund (12 U.S.C. 4568).
    The provisions of VAWA 2013 that afford protections to victims of 
domestic violence, dating violence, sexual assault, or stalking are 
statutory and statutorily directed to be implemented. Accordingly, on 
November 16, 2016, HUD published a final rule at 81 FR 80724 (VAWA 
Rule), implementing VAWA 2013's provisions in its housing programs.
    To fully implement these provisions under VAWA 2013 and the VAWA 
Rule, the Department must provide to all PHAs, owners and managers, and 
grant recipients (collectively ``Covered Housing Providers'' or 
``CHPs'') the three following model documents:
     Form HUD-5380: Notice of Occupancy Rights Under the 
Violence Against Women Act. HUD must provide this notice to CHPs, which 
must in turn distribute it to tenants and to applicants denied 
assistance to ensure they are aware of their rights under VAWA and its 
implementing regulations.
     Form HUD-5381: Model Emergency Transfer Plan for Victims 
of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. HUD 
must provide this model document to CHPs, which may, at their 
discretion, use it to develop their own emergency transfer plans, as 
required under VAWA 2013.
     Form HUD-5382: Certification of Domestic Violence, Dating 
Violence, Sexual Assault, or Stalking, and Alternate Documentation. HUD 
must provide this certification form to CHPs, which must in turn 
distribute it to tenants and applicants. An individual may then 
optionally submit the form, certifying that he or she is a victim of 
domestic violence, dating violence, sexual assault, or stalking and 
that the incident in question is bona fide. The certification form 
serves as one tool for documenting the incident or incidents of 
domestic violence, dating violence, sexual assault, or stalking. (Note: 
This is a revision of and supersedes forms HUD-50066 and HUD-91066. 
VAWA 2013 required that the form be updated and made applicable to all 
covered programs.)
    Tenants may provide third-party documentation along with or in lieu 
of form HUD-5382. The VAWA regulation stipulates that one such 
document--
    A. Be signed by an employee, agent, or volunteer of a victim 
service provider, an attorney, or medical professional, or a mental 
health professional (collectively, ``professional'') from whom the 
victim has sought assistance relating to domestic violence, dating 
violence, sexual assault, or stalking, or the effects of abuse;
    B. Be signed by the applicant or tenant; and
    C. Specifies, under penalty of perjury, that the professional 
believes in the occurrence of the incident of domestic violence, dating 
violence, sexual assault, or stalking and that the incident meets the 
applicable definition of domestic violence, dating violence, sexual 
assault, or stalking.
    If an applicant or tenant submits such a statement, the 
corresponding professional may have to create or research documentation 
to accurately complete and maintain a record of the form.
    HUD provides form HUD-5383: Emergency Transfer Request for Certain 
Victims of Domestic Violence, Dating Violence, Sexual Assault, or 
Stalking to CHPs, which may, at their discretion, distribute it to 
tenants and applicants. This form serves as a model for use by a CHP to 
accept requests for emergency transfers under its required VAWA 2013 
Emergency Transfer Plan. This form

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allows an individual to submit and certify that they are a victim of 
domestic violence, dating violence, sexual assault, or stalking and 
that the incident in question is bona fide for purposes of being 
eligible for an emergency transfer. Thus, it serves as another tool for 
documenting the incident or incidents of domestic violence, dating 
violence, sexual assault, and stalking.
    VAWA 2013 and/or the VAWA rule require or permit that CHPs also 
undertake certain activities as follows:
     Emergency Transfer Reporting: CHPs must keep a record of 
all emergency transfers requested under its emergency transfer plan, 
and the outcomes of such requests, and retain these records for a 
period of three years, or for a period of time as specified in program 
regulations. Requests and outcomes of such requests must also be 
reported to HUD annually.
     The VAWA regulation includes certain requirements that 
must be incorporated into the tenant's lease.
     Lease Bifurcation Option: VAWA 2013 provides CHPs the 
option to bifurcate a lease in order to evict, remove, terminate 
occupancy rights, or terminate assistance to any individual who is a 
tenant or lawful occupant of the housing and who engages in criminal 
activity directly relating to domestic violence, dating violence, 
sexual assault, or stalking. This option is designed to minimize the 
loss of housing to individual(s) covered under VAWA.
    Respondents (i.e., affected public): Public housing agencies, 
private multifamily housing owners and management agents, state and 
local agencies, and grant recipients.
    Estimated Number of Respondents: 30,087.
    Estimated Number of Responses: 7,941,827.
    Frequency of Response: Varies.
    Average Hours per Response: 1.4.
    Total Estimated Hour Burden: 3,269,550.

B. Proposed Changes to the Forms

    The OMB approved forms HUD-5380, HUD-5381, HUD-5382, and HUD-5383 
are being revised to more closely align with the VAWA regulation and to 
clarify language. In addition to minor changes, HUD proposes to make 
the following specific changes:
    Form 5380: Clarify the ``Tenant Protections'' and ``Removing the 
Abuser or Perpetrator from the Household'' sections to align with the 
regulations and provide more information about bifurcation. Rename 
``Moving to Another Unit'' to ``Emergency Transfer'' and include more 
emergency transfer language. Add language in the ``Documenting That You 
Are or Have Been a Victim'' section about reasonable accommodations and 
update the language for consistency with the regulation. Lastly, update 
the ``Confidentiality'' section to more closely follow the regulation 
and put individuals on notice of confidentiality protections.
    Form 5381: Add a note to covered housing providers that the use of 
the model form without adding program specific and housing provider 
specific policies will not be sufficient to meet the emergency transfer 
plan requirements. Add a definition section with definitions taken from 
the regulation. Rename the section titled ``Emergency Transfer Timing 
and Availability'' to ``Emergency Transfer Procedures'' and add two new 
sections, ``Emergency Transfer Policies'' section, which clarifies that 
the provider must specify their individual policies for different 
categories of transfers (i.e. internal or external transfers) where 
applicable, and a ``Priority for Transfers'' section, which requires 
providers to provide any type of priority being provided to a victim 
consistent with 24 CFR 5.2005(e)(3) and (e)(6). Update the 
``Confidentiality'' section to more closely follow the regulation and 
put individuals on notice of confidentiality protections. Lastly, add a 
``Making Plan Available'' section to describe how the plan will be made 
publicly available, where possible.
    Form 5382: Update the ``Submission of Documentation'' section to 
include information about reasonable accommodations. In addition, add a 
warning for making false submissions to ensure users of the form are 
aware of the legal nature of submitting false information to an entity 
when seeking access to Federal funds.
    Form 5383: Update the ``Confidentiality'' section to more closely 
follow the regulation and put individuals on notice of confidentiality 
protections. Reframe question number 11 as a ``Yes'' or ``No'' 
question. Lastly, add a warning for making false submissions to ensure 
users of the form are aware of the legal nature of submitting false 
information to an entity when seeking access to Federal funds.
    Drafts of the revised forms are being published along with this 
notice for the public to see the proposed changes.

C. 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.

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

    Dated: July 26, 2017.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information 
Officer.
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[FR Doc. 2017-16110 Filed 7-31-17; 8:45 am]
BILLING CODE 4210-67-C