[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65358-65360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27548]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7006-N-18]
60-Day Notice of Proposed Information Collection: Public/Private
Partnerships for the Mixed-Finance Development of Public Housing Units
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing.
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: February 19, 2019.
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 20410-5000; telephone 202-
402-3400 (this is not a toll-free number) or email at
[email protected] for a copy of the proposed forms or other
available information. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Arlette Mussington, Office of Policy,
Programs and Legislative Initiatives, PIH, Department of Housing and
Urban Development, 451 7th Street SW, Room 3178, Washington, DC 20410;
telephone (202) 402-4109, (this is not a toll-free number). Persons
with hearing or speech impairments may access this number via TTY by
calling the Federal Information Relay Service at (800) 877-8339. Copies
of available documents submitted to OMB may be obtained from Ms.
Mussington.
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 Proposal: Public/Private Partnerships for the Mixed-
Finance Development of Public Housing Units.
OMB Control Number: 2577-0275.
Type of Request: Reinstatement without Change.
Form Number: HUD-50156; HUD-50157, HUD-50158, HUD-50159, HUD-50160,
HUD-50161.
Description of the need for the information and proposed use: The
Quality Housing and Work Responsibility Act of 1998 (P.L. 195-276,
approved October 21, 1998), also known as the Public Housing Reform
Act, created Section 35 of the U.S. Housing Act of 1937, 42 U.S.C.
1437. Section 35 allows PHAs to own, operate, assist or otherwise
participate in the development and operation of mixed-finance projects.
Mixed-finance development refers to the development or rehabilitation
of public housing, where the public housing units are owned in whole or
in part by an entity other than a PHA. Prior to this, all public
housing had to be developed and owned by a Public Housing Authority
(PHA). However, Section 35 allowed PHAs to provide Section 9 capital
and operating assistance to mixed-finance projects, which are also
financially assisted by private and other resources. Private and other
resources include tax credit equity, private mortgages and other
federal, state or local funds. Section 35 also allows non-PHA owner
entities to own and operate mixed-finance projects that contain both
public housing and non-public housing units, or only public housing
units. Along with public housing unit development, mixed-finance real
estate development or rehabilitation transactions are used to extend
public housing appropriations in housing development and to develop
mixed-income housing, where public housing residents are anonymously
mixed in with affordable and market rate housing residents.
In order to approve the development of mixed-finance projects, HUD
collects certain information from each PHA/Ownership Entity. Under
current regulations, HUD collects and reviews the essential documents
included in this ICR in order to determine whether or not approval
should be given. After approval is given and the documents are recorded
by the associated county, HUD collects the recorded versions of the
documents in this ICR, along with all financing and legal agreements
that the PHA/owner entity has with HUD and with third-parties in
connection with that mixed-finance project. This includes unique legal
documents along with standardized forms and ``Certifications and
Assurances,'' which are not exempted under PRA. Regulations for the
processing of mixed-finance public housing projects are at 24 CFR part
905 subpart F (Sec. 905). This information is collected to ensure that
the mixed-finance development effort has sufficient funds to reach
completion, remain financially viable,
[[Page 65359]]
and follow HUD legal and programmatic guidelines for housing project
development or rehabilitation, ownership and use restrictions, as well
as preserving HUD's rights to the project.
PHAs must provide information to HUD before a proposal can be
approved for mixed-finance development. Information on HUD-prescribed
forms and in HUD-prescribed contracts and agreements provides HUD with
sufficient information to enable a determination that funds should or
should not be reserved or a contractual commitment made. Regulations at
24 CFR part 905.606, ``Development Proposal'' states that a Mixed-
finance Development Proposal (Proposal) must be submitted to HUD in
order to facilitate approval of the development of public housing. The
subpart also lists the information that is required in the Proposal.
The documentation required is submitted using the collection documents
(ICs) in this ICR.
Members of affected public: Public Housing Agencies, Developers
Estimation of the total number of hours needed to prepare the
information collection including number of respondents, frequency of
response, and hours of response:
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Number of Total Hours per Cost per
Form/document respondents Frequency responses response Total hours hour Total cost
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1. HUD-50157 Mixed-Finance Development Proposal.............. 60 1 60 16 960 $50 $48,000
2. Supplementary Document: Unique Legal Document. Mixed- 60 1 60 24 1,440 50 72,000
Finance Amendment to the Annual Contributions Contract......
3. Supplementary Document: Unique Legal Document. Mixed- 60 1 60 0.25 15 250 3,750
Finance Declaration of Restrictive Covenants................
4. Supplementary Document: Unique Legal Document. Mixed- 60 1 60 16 960 250 240,000
Finance Final Title Policy..................................
5. Supplementary Document: Unique Legal Document. Mixed- 60 1 60 1 60 250 15,000
Finance Legal Opinion.......................................
6. Supplementary Document: Unique Legal Documents. Mixed- 60 1 60 116 6,960 250 1,740,000
Finance Evidentiaries.......................................
7. Supplementary Document: Unique Legal Document. Regulatory 60 1 60 8 480 250 120,000
and Operating Agreement.....................................
8. Supplementary Document: Unique Legal Document. Transition 60 1 60 8 480 250 120,000
Plan........................................................
9. HUD-50161 Mixed-Finance Certifications and Assurances..... 60 1 60 0.25 15 50 750
10. Supplementary Document: Unique Legal Document. Site 110 1 110 8 880 50 44,000
Acquisition Proposal........................................
11. Supplementary Document: Unique Legal Document. 50 1 50 80 4,000 50 200,000
Development Proposal........................................
12. HUD-50156 Mixed-Finance Development Proposal Calculator.. 60 1 60 1 60 50 3,000
13. HUD-50059 Mixed-Finance Homeownership Term Sheet......... 20 1 20 16 320 50 16,000
14. Supplementary Document: Unique Legal Document. Mixed- 20 1 20 16 320 250 80,000
Finance Homeownership Addendum..............................
15. HUD-50158 Mixed-Finance Homeownership Certifications and 20 1 20 0.25 5 50 250
Assurances..................................................
16. HUD-50160 Mixed-Finance and Homeownership Pre-Funding 80 1 80 0.25 20 50 1,000
Certifications and Assurances...............................
17. Supplementary Document: Unique Legal Document. Mixed- 20 1 20 0.25 5 50 250
Finance Homeownership Declaration of Restrictive Covenants..
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Totals................................................... 920 ........... 920 ........... 16,980 ........... 2,704,000
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B. 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
[[Page 65360]]
(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.
C. Authority: Section 3507 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35.
Dated: November 29, 2018.
Merrie Nichols-Dixon,
Deputy Director, Office of Policy, Programs and Legislative
Initiatives.
[FR Doc. 2018-27548 Filed 12-19-18; 8:45 am]
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