[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6906-6908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01474]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7037-N-01]


Affirmative Fair Housing Marketing Plan--Information Collection: 
Solicitation of Comment 60-Day Notice Under Paperwork Reduction Act of 
1995; OMB Control No.: 2529-0013

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice.

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SUMMARY: This notice solicits public comment for a period of 60 days, 
consistent with the Paperwork Reduction Act of 1995 (PRA), on the 
Affirmative Fair Housing Marketing Plan (AFHMP) forms. The AFHMP forms 
collect information on the advertising and outreach activities of 
owners/developers of HUD Multifamily, Single Family, and Condominium/
Cooperative Housing projects to attract applicants/buyers throughout 
the housing market area regardless of race, color, national origin, 
religion, sex, disability, or familial status. The purpose of this 
notice is to allow for 60 days of public comment.

DATES: Comment Due Date: March 26, 2021.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to Colette Pollard, Reports Management Officer, QDAM, 
Department of Housing and Urban Development, 451 7th Street SW, Room 
4176, Washington, DC 20410. Communications must refer to the above 
docket number and title. There are two methods for submitting public 
comments.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to QDAM, Department of Housing and Urban Development, 451 7th 
Street SW, Room 4176, Washington, DC 20410;

[[Page 6907]]

    2. Electronic Submission of Comments. Interested persons may 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 website 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.

    Note:  To receive consideration as public comments, comments 
must be submitted through one of the two methods specified above. 
Again, all submissions must refer to the docket number and title of 
the notice.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling QDAM at 202-402-3400 (this is not a toll free 
number). Individuals who are deaf or hard of hearing and individuals 
with speech impairments may access this number via TTY by calling the 
toll-free Federal Information Relay Service at (800) 877-8339. Copies 
of all comments submitted are available for inspection and downloading 
at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: DeAndra Cullen, Deputy Assistant 
Secretary for Policy, Legislative Initiatives and Outreach, Office of 
Fair Housing and Equal Opportunity, Department of Housing and Urban 
Development, 451 7th Street SW, Washington, DC 20410, at 202-402-4115 
(this is not a toll-free number) or [email protected]. 
Individuals with hearing or speech impairments may access this number 
via TTY by calling the Federal Information Relay Service during working 
hours at 800-877-8339 (this is a toll-free number). Copies of the 
proposed information collection is available at www.hud.gov.

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: Affirmative Fair Housing Marketing 
Plan.
    OMB Approval Number: 2529-0013.
    Type of Request: Revision of a currently approved collection.
    Form Number: HUD-935.2A, HUD 935.2B, HUD-935.2C.
    Description of the need for the information and proposed use: Under 
the AFHM Regulations (24 CFR part 200, subpart M), all applicants for 
participation in Federal Housing Administration (FHA) subsidized and 
unsubsidized housing programs that involve the development or 
rehabilitation of the following types of housing must submit an AFHM 
Plan on a prescribed form: (1) Multifamily projects or manufactured 
home parks of five or more lots, units, or spaces; (2) a single family 
property, where the property is located in a subdivision and the 
builder or developer intends to sell five or more properties in the 
subdivision, and a lender is making an initial application for mortgage 
insurance; or (3) dwelling units, when the applicant's participation in 
FHA housing programs had exceeded or would thereby exceed development 
of five or more such dwelling units during the year preceding the 
application (not counting the development of single family dwelling 
units for occupancy by a mortgagor on property owned by the mortgagor 
and in which the applicant had no interest prior to entering into the 
contract for construction or rehabilitation).
    HUD is requesting that the OMB approve the revision of forms: HUD-
935.2A Affirmative Fair Housing Marketing Plan--Multifamily Housing, 
HUD-935.2B Affirmative Fair Housing Marketing Plan--Single Family 
Housing, and HUD-935.2C Affirmative Fair Housing Marketing Plan--
Condominiums or Cooperatives. These forms assist HUD in fulfilling its 
duty under the Fair Housing Act to administer its programs and 
activities relating to housing and urban development in a manner that 
affirmatively furthers fair housing, by promoting a condition in which 
individuals of similar income levels in the same housing market area 
have available to them a like range of housing choices, regardless of 
race, color, national origin, religion, sex, disability, or familial 
status. This collection also promotes compliance with Executive Order 
11063, which requires Federal agencies to take all necessary and 
appropriate action to prevent discrimination in federally insured and 
subsidized housing. Under the AFHM Regulations (24 CFR part 200, 
subpart M), all applicants for participation in Federal Housing 
Administration (FHA) subsidized and unsubsidized housing programs that 
involve the development or rehabilitation of the following types of 
housing must submit an AFHM Plan on a prescribed form: (1) Multifamily 
projects or manufactured home parks of five or more lots, units, or 
spaces; (2) a single family property, where the property is located in 
a subdivision and the builder or developer intends to sell five or more 
properties in the subdivision, and a lender is making an initial 
application for mortgage insurance; or (3) dwelling units, when the 
applicant's participation in FHA housing programs had exceeded or would 
thereby exceed development of five or more such dwelling units during 
the year preceding the application (not counting the development of 
single family dwelling units for occupancy by a mortgagor on property 
owned by the mortgagor and in which the applicant had no interest prior 
to entering into the contract for construction or rehabilitation). If 
this information was not collected, it would prevent HUD from ensuring 
compliance with affirmative fair housing marketing requirements.
    The revision to the HUD-935.2A is to clarify the instructions 
involving when respondents must submit an updated form for HUD review. 
In addition, there have been formatting changes to clarify when 
multiple responses are allowed versus singular response in a dropdown 
format for occupancy and reason for updated submission. There is also a 
change made to the references to the Census resources for accurate data 
reporting and prioritization of Decennial Census data. Lastly, the 
racial and ethnic demographic fields have been updated in the 
worksheets to match the categories provided in Census data. The HUD-
935.2B and C have been edited to include internet and social media 
advertising.
    Respondents: Applicants for FHA subsidized and unsubsidized housing 
programs.
    Estimated Number of Respondents: 5,703. For the HUD 935.2A: On an 
annual basis, there are approximately 303 respondents that submit new 
plans and 1,080 respondents that review their existing plans and submit 
updated plans. There are 4,320 respondents who will review their AFHMP 
and determine that it does not need to be submitted for HUD approval.

[[Page 6908]]

    For the HUD 935.2.B & C: On an annual basis, there are 
approximately 30 respondents that submit new plans.
    Estimated Number of Responses: 5,733.
    Frequency of Response: 1 per annum.
    Average Hours per Response: The average hours per response is 2.61 
hours. (For the HUD-935.2A, the hours per response are: 6 hours (new 
plans) and 4 hours (review and update plans) and 2 hours (review only). 
For the 935.2B & C, the hours per response is 6 hours).
    Total Estimated Burden: 14,958 hours.

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                                   Number of    Frequency    Responses    Burden hour per                           Hourly cost per
     Information collection       respondents  of response   per annum        response       Annual burden hours       response           Annual cost
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HUD-935.2A (MFH)................        5,703            1       5,703  New 6 x 303........  New 1,818..........  Respondents.......  Respondents
                                                                        Review & Update 4 x  Review & Update      $35/hr              New = ($35 x 4 x
                                                                         1,080.               4,320.               (professional       303) + ($16 x 2 x
                                                                        Review 2 x 4,320...  Review 8,640.......   work).              303) = $52,116.
                                                                                                                  $16/hr (clerical    Updates = ($35 x 2
                                                                                                                   work).              x 1,080) + ($16 x
                                                                                                                  $1.25 per report     2 x $1,080) =
                                                                                                                   mailing.            $110,160.
                                                                                                                                      Reviews = ($35 x 2
                                                                                                                                       x 4,320) =
                                                                                                                                       $302,400.
                                                                                                                                      Mailing Costs =
                                                                                                                                       $1.25 x 1,383 =
                                                                                                                                       $1,728.75.
                                                                                                                                      Annual Cost =
                                                                                                                                       $52,116 +$110,160
                                                                                                                                       + $302,400 +
                                                                                                                                       $1,728.75 =
                                                                                                                                       $466,404.75.
                                                                                                                  Government........  Government
                                                                                                                  $35.93/hr \1\       New = ($35.93 x 3
                                                                                                                   (professional       x 303) + ($16.35
                                                                                                                   work).              x 0.5 x 303) =
                                                                                                                  $16.35/hr \2\        $35,137.40.
                                                                                                                   (clerical work).   Reviews & Updates
                                                                                                                                       = ($35.93 x 3 x
                                                                                                                                       1,080) + ($16.35
                                                                                                                                       x 0.5 x 1,080) =
                                                                                                                                       $125,242.20.
                                                                                                                                      Annual Cost =
                                                                                                                                       $35,137.40+
                                                                                                                                       $125,242.20 =
                                                                                                                                       $160,379.60.
HUD-935.2B (SFH) & C (Condos and           30            1          30  6..................  180................  Respondents.......  Respondents
 Co-Ops).                                                                                                         $35/hr              ($35 x 4 x 30) +
                                                                                                                   (professional       ($16 x 2 x 30) =
                                                                                                                   work).              $5,160.
                                                                                                                  $16/hr (clerical    $1.25 x 30 =
                                                                                                                   work).              $37.50.
                                                                                                                  $1.25 per report    Annual Cost =
                                                                                                                   mailing.            $5,160 + $37.50 =
                                                                                                                                       $5,197.50.
                                                                                                                  Government........  Government
                                                                                                                  $35.93/hr           Annual Cost =
                                                                                                                   (professional       ($35.93 x 3 x 30)
                                                                                                                   work).              + ($16.35 x 0.5 x
                                                                                                                  $16.35/hr            30) = $3,478.95.
                                                                                                                   (clerical work).
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Total...........................        5,733          * 1       5,733  Avg. of 2.61.......  14,958.............  Avg. of $31.53....  Respondents:
                                                                                                                                       $471,602.25.
                                                                                                                                      Government:
                                                                                                                                       $163,858.55.
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\1\ Rate for GS 12 Step 5 ($35.93/hr) based on the salary information available on OPM.gov.
\2\ Rate for GS 5 step 5 ($16.35/hr) based on the salary information available on OPM.gov.
* Each.

Solicitation of Public Comment

    In accordance with 5 CFR 1320.8(d)(1), HUD is specifically 
soliciting comment 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.
    In addition, HUD requests comments on ways to modernize marketing 
given the rise of internet and social media advertising.
    HUD encourages interested parties to submit comment in response to 
these questions.

DeAndra Cullen,
Deputy Assistant Secretary for Policy, Legislative Initiatives and 
Outreach.
[FR Doc. 2021-01474 Filed 1-22-21; 8:45 am]
BILLING CODE 4210-67-P