[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66723-66739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24070]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7061-N-18]


60-Day Notice of Proposed Information Collection: Implementation 
of the Violence Against Women Reauthorization Act of 2013, OMB Control 
No.: 2577-0286

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: January 3, 2023.

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, REE, 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]. A copy of the proposed forms is available from 
Ms. Pollard. HUD welcomes and is prepared to receive calls from 
individuals who are deaf or hard of hearing, as well as individuals 
with speech and 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.

[[Page 66724]]


FOR FURTHER INFORMATION CONTACT: Leea Thornton, Office of Policy, 
Program and Legislative Initiatives, PIH, Department of Housing and 
Urban Development, 451 7th Street SW, Room 3178, Washington, DC 20410; 
telephone 202-402-6455. HUD welcomes and is prepared to receive calls 
from individuals who are deaf or hard of hearing, as well as 
individuals with speech and 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. 
Thornton.

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: Reinstatement, with change, of previously approved 
collection for which approval has expired.
    Form Number: HUD-5380, HUD-5381, HUD-5382, and HUD-5383. Other: 
Emergency transfer reporting, lease bifurcation, and lease addendum.
    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 
Pub. L. 103-322, 42 U.S.C. 13925 et seq.). In doing so, VAWA 2013 
expanded the VAWA protections that applied to HUD's Section 8 and 
Public Housing programs and widened the range of HUD's housing programs 
that are subject to VAWA protections. The provisions of VAWA 2013 that 
afford protections to victims of domestic violence, dating violence, 
sexual assault, and 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. The Violence Against Women Act 
Reauthorization Act of 2022 (VAWA 2022) was signed March 15, 2022, 
however certain provisions are not self-implementing. Once VAWA 2022 
has been implemented this PRA will be further updated, as appropriate.
    The HUD programs that include VAWA protections as required by VAWA 
2013 and the 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 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).
    To assure covered housing providers (CHPs) under the programs 
listed above comply with VAWA 2013 and the VAWA Rule, the Department 
must provide to all CHPs certain model documents for use, as follows:
     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 at the times 
specified in the VAWA rule at minimum to ensure they are aware of their 
rights under VAWA and its implementing regulations. CHPs must add 
specific information to this form as indicated by the imbedded 
instructions. The use of ``we'' or ``us'' and use of shorthand will 
require customization depending on whether the provider and the 
landlord are the same, and, particularly for the CPD programs, the 
program decisions made by the grantee and subgrantee.
     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. CHPs must develop their own 
emergency transfer plans, as required by the VAWA rule, must make their 
emergency transfer plan available upon request, and, when feasible, 
must make their plan publicly available. CHPs may, at their discretion, 
use HUD-5381 to develop these plans. This model contains only general 
provisions of an emergency transfer plan that apply across the covered 
HUD programs. Adoption of this model plan without further customization 
and information concerning how the emergency transfer plan will operate 
will not be sufficient to meet a covered housing provider's 
responsibility to adopt an emergency transfer plan. CHPs must consult 
the applicable regulations and are encouraged to consult program-
specific HUD guidance when developing their own emergency transfer 
plans to ensure those plans contain all required elements.
     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 as a required complement and 
extension of the required Notice of Occupancy Rights Under the Violence 
Against Women Act (Form HUD-5380). As further explained on the Form 
HUD-5382, an applicant or tenant who is asking for or about VAWA 
protections may choose to fill out and submit this certification form 
as one of the four legally acceptable options the VAWA final rule 
provides for answering any covered housing provider's written request 
for documentation that an individual is or has been a victim of 
domestic violence, dating violence, sexual assault, or stalking or that 
a covered incident or incidents of domestic violence, dating violence, 
sexual assault, and stalking occurred. (Note: This is a revision of and 
supersedes form HUD-50066. VAWA 2013 required that the form be updated 
and made applicable to all covered housing programs.)
     Form HUD-5383: Emergency Transfer Request for Certain 
Victims of Domestic Violence, Dating Violence, Sexual Assault, or 
Stalking. HUD provides this model emergency transfer request form to 
CHPs. CHPs 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.

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    HUD has, as part of this package, revised the forms that were 
published with HUD's final rule in order to more closely align with the 
rule and to clarify language. In addition to the minor changes, HUD 
makes the following specific changes:
     Form HUD-5380: Streamline information and language used in 
the notice to reduce pages. Translated regulatory language into plain 
language. Made titles of sections into questions that directly address 
the reader. CHPs must add specific information to this form as 
indicated by the imbedded instructions. Other areas of the form may be 
used by the provider to include customized information as necessary. 
The use of ``we'' or ``us'' and use of shorthand will require some 
customization depending on whether the provider (grantee/recipient) and 
the landlord are the same, and, particularly for the Office of HIV/AIDS 
Housing (OHH) and Office of Special Needs Assistance Programs (SNAPS), 
the program decisions made by the grantee/recipient.
     Form HUD-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 at 24 CFR 5.2007(c) 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 HUD-5382: Update the ``Submission of Documentation'' 
section to include information about reasonable accommodations.
     Form HUD-5383: Update the ``Confidentiality'' section to 
use more plain language. Added information about family members in 
household, current address, best method of contact, what type of 
transfer is being requested, what features they want to request in a 
safe unit, and optional documentation to include with form.
    In addition, the Department seeks approval for the following 
information collection activities required by VAWA 2013 and HUD's final 
rule:
     Lease Addendum: The VAWA regulation includes certain 
requirements that must be incorporated into tenants' leases.
     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. Requests and outcomes of such requests must 
be reported to HUD annually. HUD proposes to include the following data 
fields in its program reporting systems to help standardize the 
information CHPs provide on emergency transfer requests and outcomes of 
those requests:

[cir] Total number of VAWA Emergency Transfer Requests
[cir] Number of requests that resulted in Internal Transfers
[cir] Number of requests that resulted in External Transfers
[cir] Number of requests yet to be placed
[cir] Number of approved Emergency Transfer requests that resulted in 
no transfer
[cir] Number of requests that did not qualify for Emergency Transfer 
and were denied
[cir] Length of time needed to process emergency transfers

    Consistent with House Report 116-109, part of the fiscal year 2022 
Omnibus Spending Bill, Public Law 113-4, HUD is also adding a request 
as part of this information collection to seek information about the 
extent to which public housing agencies and owners, and managers have 
adopted VAWA emergency transfer policies since the publication of the 
Department's model emergency transfer plan, and the effectiveness of 
those emergency transfer policies in allowing victims to access safe 
housing. The information would include the type of covered housing 
provider; a request for sharing their VAWA emergency transfer plan and 
whether such plan is publicly available; how many VAWA emergency 
transfer requests were received over the last three years and outcome 
of those requests; a request for indicating if a waiting list 
preference is available for victims of domestic violence, sexual 
assault, dating violence, and stalking; information about 
collaborations or coordination with consortiums or other providers for 
purposes of providing housing and services for victims; whether a VAWA 
service coordinator exists; and whether a VAWA lease bifurcation policy 
exists. This information may be collected by way of email 
communication, updated systems, or survey. This collection is also 
consistent with reporting in 24 CFR part 5, subpart L. HUD expects to 
request this information annually and it would take housing providers 
one hour per annual submission.
     Lease Bifurcation Option: VAWA 2013 mandates that HUD 
provide for lease bifurcation. In other words, CHPs may, subject to 
their program rules and state and local law, bifurcate a lease in order 
to evict or remove any member of a household who has allegedly engaged 
in criminal activity directly relating to domestic violence, dating 
violence, sexual assault, or stalking against an affiliated individual 
or other individual, while allowing the victim and other members of the 
household to remain. This is optional.
     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: 328,485.
    Estimated Number of Responses: 7,969,000.
    Frequency of Response: Varies. For the HUD-5380 and HUD-5382 there 
are approximately 3,918 Public Housing and Housing Choice Voucher 
respondents with 801 responses per respondent. For Multifamily Housing 
there are approximately 23,000 respondents with 104 responses per 
respondent. For HOME there are 1,874 respondents with approximately 62 
responses. For HOPWA there are 255 respondents with 176 responses. For 
Homelessness programs (CoC, ESG, Rural Housing Stability) there are 
1,040 respondents with 410 responses.
    Each respondent indicated will have to complete an emergency 
transfer plan using the HUD-5381 or other format. For the HUD-5382 
certification for documentation by survivor and emergency transfer 
request there are approximately 210,725 responses. For the HUD-5382 and 
HUD-5383 certification for documentation by professional and emergency 
transfer request there are 69,714 responses.

[[Page 66726]]



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                                                           Frequency of                   Est. avg. time
    24 CFR section and description of        Number of       response         Annual            for         Annual hour
                activity                    respondents    (annual, per      responses      requirement       burden       Cost per hour    Total cost
                                                            respondent)                       (hours)
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                    5.2005(a) Form HUD-5380: Notice of Occupancy Rights and form HUD-5382: Certification Form-Distribution and Review
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                                                     Public Housing and Housing Choice Voucher (HCV)
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Annual Average of Denied Admissions.....           3,918               7          27,426            0.08           2,194             $24         $52,658
Annual Average of new Households that              3,918              55         215,490            0.08          17,239              24         413,741
 Move In................................
Annual Average of Eviction Notices Sent.           3,918               3          11,754            0.08             940              24          22,568
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                                                                   Multifamily Housing
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Annual Average of Denied Admissions.....          23,000              15         345,000            0.08          27,600              24         662,400
Annual Average of new Households that             23,000               9         207,000            0.08          16,560              24         397,440
 Move In................................
Annual Average of Eviction Notices Sent.          23,000              10         230,000            0.08          18,400              24         441,600
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                                                                          HOME
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Annual Average of Denied Admissions.....           1,874              20          37,480            0.08           2,998              24          71,962
Annual Average of new Households that              1,874              16          29,984            0.08           2,399              24          57,569
 Move In................................
Annual Average of Eviction Notices Sent.           1,874               8          14,992            0.08           1,199              24          28,785
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                                                                          HOPWA
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Annual Average of Denied Admissions.....             255              20           5,100            0.08             408              24           9,792
Annual Average of new Households that                255              20           5,100            0.08             408              24           9,792
 Move In................................
Annual Average of Eviction Notices Sent.             255              10           2,550            0.08             204              24           4,896
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                                                    Homeless (CoC, ESG, and Rural Housing Stability)
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Annual Average of Denied Admissions.....           1,040               5           5,200             1.5           7,800              24         187,200
Annual Average of new Households that              1,040               1           1,040             1.5           1,560              24          37,440
 Move In................................
Annual Average of Eviction Notices Sent.           1,040               1           1,040             1.5           1,560              24          37,440
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                                               5.2005(e) Form HUD-5381: Emergency Transfer Plan-Completion
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Public Housing and Housing Choice                  3,918               1           3,918               8          31,344              24         752,256
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               1          23,000               8         184,000              24       4,416,000
HOME....................................          11,874               1           1,874               8          14,992              24         359,808
HOPWA...................................             255               1             255               8           2,040              24          48,960
Homeless (CoC, ESG, and Rural Housing              1,040               1           1,040               4           4,160              24          99,840
 Stability).............................
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                                         5.2007(b) Form HUD-5382: Certification Form--Documentation by Survivor
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Public Housing and Housing Choice                  3,918              10          39,180            0.33          12,929            7.25          93,738
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               6         138,000            0.33          45,540            7.25         330,165
HOME....................................           1,874              15          28,110            0.33           9,276            7.25          67,253
HOPWA...................................             255               5           1,275            0.33             421            7.25           3,050
Homeless (CoC, ESG, and Rural Housing              1,040               4           4,160             0.5           2,080            7.25          15,080
 Stability).............................
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                                    5.2007(b)(1)(ii) Form HUD-5382: Certification Form--Documentation by Professional
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Public Housing and Housing Choice                  3,918               3          11,754             0.5           5,877              24         141,048
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               2          46,000             0.5          23,000              24         552,000
HOME....................................           1,874               5           9,370             0.5           4,685              24         112,440
HOPWA...................................             255               2             510             0.5             255              24           6,120
Homeless (CoC, ESG, and Rural Housing              1,040               2           2,080             0.5           1,040              24          24,960
 Stability).............................
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                                     5.2005(e) Form HUD-5383: Emergency Transfer Request--Documentation by Survivor
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Public Housing and Housing Choice                  3,918              10          39,180            0.33          12,929            7.25          93,738
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               3          69,000            0.33          22,770            7.25         165,083
HOME....................................           1,874               5           9,370            0.33           3,092            7.25          22,418
HOPWA...................................             255               5           1,275            0.33             421            7.25           3,050
Homeless (CoC, ESG, and Rural Housing              1,040               4           4,160             0.5           2,080            7.25          15,080
 Stability).............................
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                                          5.2005(e) Form HUD-5383: Emergency Transfer Request--Annual Reporting
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Public Housing and Housing Choice                  3,918               1           3,918               1           3,918              24          94,032
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               1          23,000               1          23,000              24         552,000
HOME....................................           1,874               1           1,874               3           5,622              24         134,928
HOPWA...................................             255               1             255               1             255              24           6,120
Homeless (CoC, ESG, and Rural Housing              1,040               1           1,040               1           1,040              24          24,960
 Stability).............................
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                                                    5.2005(a) Lease Addendum--Distribution and Review
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Public Housing and Housing Choice                  3,918              59         231,162             0.5         115,581              24       2,773,944
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000              24         552,000             0.5         276,000              24       6,624,000
HOME....................................           1,874              18          33,732             0.5          16,866              24         404,784
HOPWA...................................             255              50          12,750             0.5           6,375              24         153,000
Homeless (CoC, ESG, and Rural Housing              1,040             403         419,120             0.5         209,560              24       5,029,440
 Stability).............................
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                                                                5.2009 Lease Bifurcation
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Public Housing and Housing Choice                  3,918               4          15,672               8         125,376              24       3,009,024
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               4          92,000               2         184,000              24       4,416,000
HOME....................................           1,874               3           5,622               2          11,244              24         269,856
HOPWA...................................             255               2             510               2           1,020              24          24,480
Homeless (CoC, ESG, and Rural Housing              1,040             0.5             520             1.5             780              24          18,720
 Stability).............................
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                                                             NEW: Emergency Transfer Report
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Housing and Housing Choice                  3,918               1           3,918               1           3,918              24          94,032
 Voucher (HCV)..........................
Multifamily Housing.....................          23,000               1          23,000             0.5          11,500              24         276,000
                                         ---------------------------------------------------------------------------------------------------------------
    Grand Total.........................         328,485          Varies       7,968,918          Varies       2,856,717  ..............     339,292,658
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[[Page 66727]]

    Notes:
     This matrix amends the one of the same titles provided in 
the OMB Emergency PRA approval, 2577-0286, approved 12/13/2016, which 
provided for 3,622,370 hours.
     For each category, HUD assumes the following breakdown of 
Covered Housing Provider respondents in covered programs: 3,918 public 
housing agencies that administer either or both public housing and HCV; 
23,000 Multifamily Housing properties; 1,874 HOME Participating 
Jurisdictions (PJs) and housing owners; 255 HOPWA grant recipients, and 
1,040 Homeless (CoC, ESG, and Rural Housing Stability) grant 
recipients.
     The ``Frequency of Response (annual, per respondent)'', 
provides the estimated average of actions anticipated for each CHP in 
each program area. For example, HUD estimates that each Multifamily 
Housing property will deny assistance to 20 applicants each year. 
Therefore, the total number of responses and total number of 
Multifamily Housing assistance denials in one year is 23,000 x 20 = 
460,000. Similarly, HUD estimates that each of the 255 HOPWA grant 
recipients will receive 5 completed Certification forms each year. The 
total number of responses and total number of certifications received 
in the HOPWA program in one year is 255 x 5 = 1,275.
     The $24 hourly rate is based on an average salary of 
$50,000 per annum. An internet search on 11/5/2020 shows housing 
specialist positions with an average of $40,000 per annum and $55,000 
per annum for residential property managers. This dollar amount is a 
reasonable average for employees of CHPs at differing levels of 
seniority.
     $7.25 is used as the cost to tenants, as it is the federal 
minimum hourly wage amount.
    Average Hours per Response: 0.39.
    Total Estimated Burdens: 2,856,718.

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
    (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.
    (5) HUD solicits comment on the implementation of the requirement 
that covered housing providers must keep a record of all emergency 
transfers requested under its emergency transfer plan, and the outcomes 
of such requests, and that such data must be reported to HUD annually. 
Specifically, is HUD's list of potential outcomes adequate or are there 
outcomes that should be added or modified? Further, HUD proposes to 
collect data on the ``length of time'' for emergency transfers to be 
implemented. What is an appropriate measure for ``length of time'' for 
emergency transfers? Should a covered housing provider only measure 
from when the emergency transfer was requested to approval/denial and/
or should it be measured to move-in date? If a victim is issued a 
Housing Choice Voucher (HCV) as a result of their emergency transfer 
request, should the length of time be measured from request to voucher 
issuance and/or lease-up date? Should covered housing providers be able 
to explain the circumstances that affected the length of time for 
emergency transfers (e.g., the victim turned down offered units due to 
safety concerns)?
    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. 
3507.

Laura Miller-Pittman,
Chief Office of Policy, Programs and Legislative Initiatives.
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[FR Doc. 2022-24070 Filed 11-3-22; 8:45 am]
BILLING CODE C