[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1285-1287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00125]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7050-N-70; OMB Control No. 2577-0275]


30-Day Notice of Proposed Information Collection: Public/Private 
Partnerships for the Mixed-Finance Development of Public Housing Units

AGENCY: Office of Policy Development and Research, Chief Data Officer, 
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 an additional 30 days of 
public comment.

DATES: Comments Due Date: February 8, 2023.

[[Page 1286]]


ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to [email protected] or www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.

FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management 
Officer, REE, Department of Housing and Urban Development, 451 7th 
Street SW, Room 8210, Washington, DC 20410-5000; telephone 202-402-3400 
(this is not a toll-free number). 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. Pollard.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A. The Federal Register notice that solicited public comment on 
the information collection for a period of 60 days was published on 
July 28, 2022, at 87 FR 45352.

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 with change of a currently approved 
collection.
    Form Number: HUD-50156, HUD-50157, HUD-50158, HUD-50159, HUD-50160, 
HUD-50161, HUD-52190. This PRA also includes two new forms: The Mixed 
Finance Amendment to the Annual Contributions Contact and the Mixed 
Finance Development Proposal for Faircloth to RAD Transactions.
    Description of the need for the information and proposed use: The 
Quality Housing and Work Responsibility Act of 1998 (Pub. 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. 
1437z-7.1437. Section 35 allows Public Housing Authorities (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 PHA. However, Section 35 allows PHAs to provide Section 9 
Capital Funds and Operating Funds to mixed-finance projects, which are 
also financially assisted by private financing and other resources 
including 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 only public housing 
units or both public housing and non-public housing units. Mixed-
finance real estate development or rehabilitation transactions also 
help to extend public housing appropriations for housing development 
and to support the development of mixed-income housing in which 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 Information Collection Request (ICR) in order to 
determine approval. 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 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.
    The regulations that govern the processing of mixed-finance public 
housing projects are at 24 CFR part 905, subpart F. In accordance with 
these regulations, HUD collects information to ensure that the proposed 
mixed-finance development has sufficient funds to reach completion; 
will remain financially viable during its operating period; will follow 
HUD's legal and programmatic guidelines for housing project development 
or rehabilitation, ownership, and use restrictions; and will preserve 
HUD's rights to the project during its HUD-required affordability 
period. Information on HUD-prescribed forms and in HUD-prescribed 
contracts and agreements, along with other supplemental information 
called for in 24 CFR part 905, provides HUD with sufficient information 
to determine whether the project should be approved and whether funds 
should or should not be reserved or a contractual commitment made. 
Specifically, regulations at 24 CFR 905.606, ``Development Proposal,'' 
state that a Mixed-finance Development Proposal (Proposal) must be 
submitted to HUD to facilitate approval of the development of public 
housing. The subsection also lists the information that is required in 
the Proposal. The documentation required is submitted using the 
collection documents (ICs) in this ICR.
    HUD's Mixed-finance Development Proposal, and associated documents, 
can also be used to facilitate the approval of non-public housing 
developments whose development and/or operations are supported with 
Section 9 funds. For instance, Choice Neighborhoods grantees must use 
the Mixed-Finance Development Proposal to obtain HUD approval of their 
proposed housing development projects, even if those projects do not 
include public housing units. Moving to Work (MTW) agencies can also 
use this form to secure HUD approval of local, non-traditional 
development projects; however, it is not mandatory for them to do so. 
The Proposal notes requirements that apply to Choice Neighborhoods 
grantees and MTW agencies specifically. A PHA that is refinancing an 
existing Mixed-Finance project can also use the Proposal to secure HUD 
approval.
    This ICR was last updated in FY 2018. Since that time, minor 
updates have been made to the Proposal to clarify instructions for 
grantees. The HUD Declaration of Trust/Declaration of Restrictive 
Covenants (DOT/DORC), which was previously approved under a separate 
PRA, is also being included in this submission, along with the Mixed 
Finance Amendment to the Annual Consolidated Contract. HUD is also 
including a revised version of the Mixed Finance Development Proposal 
that can be used for Faircloth to RAD transactions and that includes 
specific requirements for those projects. The list of documents being 
requested in this ICR have also been updated to reflect current 
practices: A couple documents no longer collected as part of the Mixed 
Finance review process have been removed. This ICR also adds the Ground 
Lease, Memorandum of Ground Lease, Management Agreement, Management 
Plan and Sample Tenant Lease to the list of evidentiary documents 
collected via this ICR. These documents were previously grouped 
together in this ICR under the category of ``Mixed Finance

[[Page 1287]]

Evidentiary Documents.'' However, now the documents are being listed 
individually to provide greater clarity. Finally, the number of 
respondents has been adjusted since the last time this ICR was updated 
to more accurately reflect the current number of annual submissions.
    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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HUD-50156: Mixed-Finance Development Proposal Calculator..              40            1           40            4          160          $50       $8,000
HUD-50157: Mixed-Finance Development Proposal.............              40            1           40           16          640           50       32,000
HUD-XXXXX: Mixed-Finance Development Proposal for                       15            1           15           16          240           50       12,000
 Faircloth to RAD Transactions............................
HUD-XXXXX: Mixed-Finance Amendment to the Annual                        40            1           40           24          960           50       48,000
 Contributions Contract...................................
HUD-50158: Mixed-Finance Homeownership Certifications and               10            1           10         0.25            3           50          125
 Assurances...............................................
HUD-50059: Mixed-Finance Homeownership Term Sheet.........              10            1           10           16          160           50        8,000
HUD-50160: Mixed-Finance and Homeownership Pre-Funding                  10            1           10         0.25            3           50          125
 Certifications and Assurances............................
HUD-50161: Mixed-Finance Certifications and Assurances....              40            1           40         0.25           10           50          500
HUD 52190: Mixed-Finance Declaration of Restrictive                     40            1           40         0.25           10          250        2,500
 Covenants................................................
UNIQUE LEGAL DOCUMENTS: Management Plan, Management                     40            1           40           15          600          250      150,000
 Agreement and Sample Tenant Lease........................
UNIQUE LEGAL DOCUMENT: Regulatory and Operating Agreement.              40            1           40            8          320          250       80,000
UNIQUE LEGAL DOCUMENTS: Ground Lease and Memorandum of                  40            1           40           24          960          250      240,000
 Ground Lease.............................................
UNIQUE LEGAL DOCUMENT: ATLA Survey........................              40            1           40           12          480           50       24,000
UNIQUE LEGAL DOCUMENT: Mixed-Finance Legal Opinion........              40            1           40            1           40          250       10,000
UNIQUE LEGAL DOCUMENT: Mixed-Finance Final Title Policy...              40            1           40           16          640          250      160,000
UNIQUE LEGAL DOCUMENTS: Mixed-Finance Homeownership                     10            1           10           16          160          250       40,000
 Addendum.................................................
UNIQUE LEGAL DOCUMENT: Mixed-Finance Homeownership                      10            1           10         0.25            3           50          125
 Declaration of Restrictive Covenants.....................
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    Totals................................................             505  ...........          505       169.25        5,388  ...........      815,375
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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
    (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) ways to minimize the burden of the collection of information on 
those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    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.

Colette Pollard,
Department Reports Management Officer, Office of Policy Development and 
Research, Chief Data Officer.
[FR Doc. 2023-00125 Filed 1-6-23; 8:45 am]
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