[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37260-37264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12162]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7070-N-30]


30-Day Notice of Proposed Information Collection: Family Report, 
MTW Family Report, MTW Expansion Family Report; OMB Control No. 2577-
0083

AGENCY: Office of Policy Development and Research, Chief Data Officer, 
HUD.

ACTION: Notice.

-----------------------------------------------------------------------

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 30 days of public comment.

DATES: Comments Due Date: July 7, 2023.

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 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, 7th Street 
SW, Room 8210, Washington, DC 20410; email Colette Pollard at 
[email protected] or 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 or communication disabilities.

[[Page 37261]]

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 
February 28 2023 at 88 FR 8301.

A. Overview of Information Collection

    Title of Information Collection: Family Report, MTW Family Report, 
MTW Expansion Family Report.
    OMB Approval Number: 2577-0083.
    Type of Request: Revision of a currently approved collection.
    Form Number: Form HUD-50058 Family Report, HUD-50058 MTW Family 
Report, Form HUD-50058 MTW Expansion Family Report.
    Description of the need for the information and proposed use: The 
Office of Public and Indian Housing of the Department of Housing and 
Urban Development (HUD) provides funding to public housing agencies 
(PHAs) to administer assisted housing programs. Form HUD-50058, Form 
HUD-50058 MTW, and Form HUD-50058 MTW Expansion Family Reports solicit 
demographic, family profile, income, and housing information on the 
entire nationwide population of tenants residing in assisted housing. 
The information collected through the Form HUD-50058 will be used to 
monitor and evaluate the Public Housing, Section 8 Housing Choice 
Voucher, Section 8 Project-Based Vouchers, and Section 8 Moderate 
Rehabilitation programs. The information collected through the Form 
HUD-50058 MTW will be used to monitor and evaluate current Moving to 
Work (MTW) PHAs participating in the MTW Demonstration program which 
includes the Public Housing, Section 8 Housing Choice Voucher, and 
Section 8 Project-Based Vouchers programs. The information collected 
through the Form HUD-50058 MTW Expansion will be used to monitor and 
evaluate the expansion MTW PHAs (PHAs designated as MTW pursuant to the 
2016 Expansion Statute, Section 239 of the Fiscal Year 2016 
Appropriations Act, Pub. L. 114-113), that are participating in the MTW 
Demonstration program, which includes the Public Housing, Section 8 
Housing Choice Voucher, Section 8 Project-Based Vouchers, Local, Non-
Traditional Property-Based, and Local, Non-Traditional Tenant-Based 
programs.
    Tenant data is collected to understand demographic, family profile, 
income, and housing information for participants in the Public Housing, 
Section 8 Housing Choice Voucher, Section 8 Project Based Certificate, 
Section 8 Moderate Rehabilitation, and MTW Demonstration programs. This 
data also allows HUD to monitor the performance of programs and the, 
performance of public housing agencies that administer the programs.
    Respondents: Public Housing Agencies, State and local governments, 
individuals and households.
    Total Estimated Burden Matrix: Increase in burden expected to 5 
minutes per response for a total of 244,493 hours.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             * Average
                                                             Number of       number of                                                      Regulatory
                                                            respondents    reponses per    Total annual     Minutes per                    reference (24
                 Information collection                     (PHA) (with     respondent       responses       response       Total hours     CFR) * see
                                                            responses)         (with                                                         attached
                                                                            responses)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form HUD-50058 New Admission............................           4,014              87         349,218              50         291,015         908.101
Form HUD-50058 Recertification..........................           4,014             583       2,340,162              30       1,170,081         908.101
Form HUD-50058 MTW New Admission........................              39             529          20,631              50       17,192.50         908.101
Form HUD-50058 MTW Recertification......................              39           4,018         156,702              30          78,351         908.101
Form HUD-50058 MTW Expansion New Admission..............             100              87           8,700              50           7,250         908.101
Form HUD-50058 MTW Expansion Recertification............             100             583          58,300              30          29,150         908.101
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................           4,153  ..............       2,933,713  ..............    1,593,039.50  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Average Number of Responses per Respondents = Total Annual Responses/Number of Respondents.
Estimated annualized hourly cost to respondents (PHA); Form HUD-50058: To report using Form HUD-50058 Family Report, it will cost the average PHA
  $1,268.75 annually to enter and submit all data for New Admission and $5,101.25 annually for Recertification.
Estimated annualized hourly cost to respondents (PHA); Form HUD-50058 MTW: To report using Form HUD-50058 MTW Family Report, it will cost the average
  PHA $7,714.58 annually to enter and submit all data for New Admissions and $35,157.50 annually for Recertification.
Estimated annualized hourly cost to respondents (PHA); Form HUD-50058 MTW Expansion: To report using Form HUD-50058 MTW Expansion Family Report, it will
  cost the average PHA $1,268.75 annually to enter and submit all data for New Admissions and $5,101.25 annually for Recertification.

B. 60-Day Notice for Comment

    HUD proposed changes in the 60-day notice to the HUD-50058 Family 
Report and necessary corresponding changes to the HUD-50058 MTW and 
HUD-50058 MTW Expansion Reports for consistency, along with a few minor 
revisions. More information about those changes are found in the 
February 8, 2023, 60-Day Notice of Proposed Information Collection: 
Family Report, MTW Family Report, MTW Expansion Family Report; OMB 
Control No. 2577-0083. 88 FR 8301.
    In response to the 60-day notice, HUD received 16 public comments. 
HUD responds to comments received below for those comments received in 
response to specific questions asked by HUD in the 60-day notice, and 
HUD responses to other comments are in the 30-day notice Supporting 
Statement and can be found at www.reginfo.gov/public/do/PRAMain by 
finding this particular information collection by selecting ``Currently 
under 30-day Review--Open for Public Comments'' or by using the search 
function.

C. 30-Day Notice for Comment

    In response to public comments on the 60-day notice, HUD is 
proposing a few minorhanges. HUD welcomes comments on the proposed 
changes or additional changes that should be considered when renewing 
this information collection, especially relevant to burden reduction. 
One

[[Page 37262]]

significant change proposed in the 60-day notice which HUD maintains is 
moving the codes from the Forms themselves and placing them in the 
instruction booklet to ease the use of the Forms and allow for non-
significant future updates. While HUD still updates the instruction 
booklet, HUD has made sample forms and instructions available for the 
public to see updated codes during the 30-day comment period. The forms 
and sample instructions can be viewed at www.reginfo.gov/public/do/PRAMain by finding this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.
    HUD-50058 Forms: The following provides a general overview of the 
changes that HUD is considering:

Section 1: Agency

    HUD maintains the proposal from the 60-day notice to update the 
program types and add the unit real estate ID number to this section.

Section 2: Action

    HUD maintains the proposal from the 60-day notice to update the 
codes for special programs and type of actions. For the type of action 
codes, HUD would remove the ``Historical Adjustment'' code, and add 
codes for PBV Transfer to Tenant-Based Voucher and two action types 
that will allow PHAs to record changes when the family will not receive 
an interim income reexamination due to Housing Opportunity Through 
Modernization Act of 2016, Public Law 114-201, (HOTMA) rulemaking--
Household Composition Change Only; and Other Change, Non-Income 
Threshold. In addition, HUD would change the FSS participation question 
to a Supportive Service program participation question to align with 
the changes in Section 17. HUD also would add questions to list the 
primary reason for a family's end of participation, similar to the 
current HUD-50058 MTW Expansion, but add additional ``Tenant 
Initiated'' code and ``Nonpayment of Rent'' as a code. Lastly, HUD 
would add a question on reasons for a family's interim reexamination 
(already on the HUD-50058 MTW Expansion); the type of HCV voucher 
issued, if applicable; and a date a participant vacated an HCV unit, if 
applicable.

Section 3: Household

    HUD at the 30-day notice is adding a new special status code at 
question 3o to allow PHAs to enter when there is a joint child custody 
arrangement. HUD has also decided to proceed with changes in the 30-day 
notice to the questions on Sex and Race asked at the 60-day comment 
period. HUD responds to comments received on changes to section 3 and 
explains the changes below:
Sex and Sexual Orientation
    HUD asked for comment on updating the field for ``Sex'' to 
``Gender'' and allow for inclusion of ``other'' responses. Similarly, 
HUD asked for comment on including a request for information about a 
household member's Sexual Orientation on the form. Some commenters 
supported improved demographic information collection on Lesbian, Gay, 
Bisexual, Transgender, and Queer (LGBTQ) participants by updating the 
field for gender and sexual orientation. Commenters requested HUD 
provide more information on how collecting information about gender 
identity and sexual orientation is relevant to the subsidy or 
qualifications for the program, and how HUD would use the data. One 
commenter suggested that data be used directly to enhance services and 
strengthen housing stability. Another commenter requested that 
respondents be told how the data would be used. Commenters asked what 
safeguards HUD would put in place to maintain security of individuals' 
information. One commenter asked whether the information would impact 
transferability and cross-program applications. One commenter asked how 
HUD planned to protect individuals and ensure protections in states 
where legislative efforts are specifically working against LGBTQ 
individuals, and other commenters noted concern for targeting of those 
in the LGBTQ community. One commenter noted HUD should consider the 
administrative burden of adding the questions. Commenters requested 
more guidance and training from HUD on implementing these changes and 
ensuring safeguards for the data. Specifically, guidance as requested 
on how to determine bedroom size eligibility for minors and training 
for staff on asking the questions appropriately.
    One commenter suggested HUD engage advocacy organizations to 
consider how vital this information is at program enrollment versus at 
another point of time. One commenter noted the importance of the 
information for understanding LGBTQ older adults and their experience 
accessing housing, and that statistics support respondents wanting to 
answer Sexual Orientation and Gender Identity (SOGI) questions. One 
commenter noted without this data HUD would be unable to determine how 
to target limited agency resources to better serve the LGBTQ community. 
Another commenter suggested HUD make changes to other HUD forms.
    While commenters supported more inclusive gender options, 
commenters also proposed additional alternatives for gender to include 
``did not disclose/did not know,'' ``other,'' separating transgender 
and non-binary options, asking sex assigned at birth separately from 
current gender identity, intersex, or multiple selection. One commenter 
specifically noted the need to include ``intersex'' consistent with 
Executive Order 14075 ``Advancing Equality for Lesbian, Gay, Bisexual, 
Transgender, Queer, and Intersex Individuals.'' Some commenters opposed 
adding additional options, removing sex, or making it multiple select 
because it could impact occupancy standards. Commenters supportive of 
the change recognized the benefit of having the gender codes align with 
State requirements. Commenters also asked how the change to gender 
would work in determining bedroom sizes under HCV. The commenters also 
asked HUD to analyze the reliability of the data.
    Commenters both supported and opposed adding questions about sexual 
orientation. One commenter recommended assessing sexual orientation at 
the household rather than individual level. While some commenters 
supported adding sexual orientation, commenters also proposed 
additional alternatives to include ``did not disclose/did not know,'' 
``other'' or multiple selection. Another commenter felt that the 
information may create distrust with clients, that some clients may 
refrain from answering or accessing services, and that the information 
was not relevant to the application. One commenter noted that 
statistics show that including questions on sexual orientation makes 
individual's experiences seem valued and are not typically viewed as 
invasive. The commenter also noted that such questions should include 
clear privacy standards and provide answering the question as optional.
    HUD appreciates the comments supporting the additional changes on 
collecting ``Gender'' and proposed changes to how to collect ``gender 
identity'' and ``sex.'' HUD recognizes the importance of aligning with 
other HUD programs and State law. HUD also recognizes the importance of 
allowing individuals to select multiple options and to change the 
options to allow more choice. HUD received many different proposals on 
options to provide and commenters flagged that adding more

[[Page 37263]]

options could complicate statistical reporting, increase administrative 
burden, and impact unit size determinations. HUD also received concerns 
about making this change and question around the need for such 
information.
    In an effort to address all these concerns and still align with 
other programs, consistent with HUD's proposed change, HUD will 
maintain a question on ``Gender'' and no longer collect ``Sex.'' HUD 
has always collected ``Sex'' for determining bedroom size but 
recognized that changes in State laws and for accurate representation 
of the people we serve that the current collection options around 
``Sex'' were flawed. In addition, HUD has settled on adding a response 
for ``X-Other/Non-Binary/Gender Non-Conforming'' in addition to 
existing ``Male'' and ``Female'' choices. HUD believes this aligns 
closely to Census Bureau standards and provides an alternative 
consistent with States that recognize X gender codes. HUD also 
recognizes this change will require technical assistance and guidance 
to help implement, which HUD plans to provide.
    HUD received comments both in support and opposition to adding a 
question on ``sexual orientation.'' Commenters raised questions on the 
need for the information, administrative burden, the impact on the 
privacy of respondents, analysis of the value of collecting the data, 
information about data security and accuracy, impact on 
transferability, invasiveness of question, and lack of trust that may 
result between PHAs and clients. In addition, commenters noted that HUD 
should provide best practices on how PHAs could have responsible data 
collection practices and training on how to collect the information and 
ensure no discriminatory impact on clients.
    Given all the responses HUD received, HUD believes that collecting 
of this information at this point before addressing the multiple 
questions raised about impacts on privacy, accuracy, and 
appropriateness of this vehicle to collect this information and data 
security is premature. HUD will consider in what form this question 
should be added in the future and how HUD can address all the questions 
raised prior to adding this question.
Disability
    HUD asked for comment on adding a ``No Response'' code to the 
Disability question. HUD received a couple of comments in support and 
other comments suggesting a ``did not disclose'' answer. One commenter 
noted that the change could impact allowances provided to tenant, 
require additional training for both providers and tenants, and could 
result in incorrect data collection and rent calculation.
    HUD appreciates the general support on adding a ``no disability'' 
response option on the Forms and other suggested additions. HUD agrees 
with the commenter that raised concerns that making this change would 
require additional training and could result in incorrect data 
collection and rent calculation. Therefore, given the additional 
changes HUD is making to comply with HOTMA and the potential for errors 
when providing accurate allowances, HUD has decided to hold on making 
this change.
Race
    HUD asked for comment on updating the codes for Race to include a 
new code for ``Other''. HUD received comments in support of adding 
``Other'' in the race field. Other commenters recommended changing 
``Other'' to ``Another Race'' or ``Some other race'' because of the 
negative connotation of ``Other.'' Other commenters suggested the 
inclusion of ``Middle East and North African,'' ``Did not disclose,'' 
or ``Multiracial.'' Commenters supported HUD's effort to align with 
OMB's race and ethnicity statistical standards, and others requested 
that HUD ensure consistency across PIH and Multifamily. Commenters also 
asked that HUD consider the impact on uniform data in making changes.
    HUD recognizes the importance of aligning our codes with 
Multifamily and government-wide efforts being undertaken by OMB. HUD 
agrees that there are many other options that could be added but 
believes aligning with other government and HUD information collections 
is important. Therefore, until OMB completes its update of race and 
ethnicity statistical standards HUD intends not to add the few 
suggested new categories. However, HUD appreciates the comments on 
changing ``other'' to ``Some Other Race'' and thinks doing so still 
aligns with Multifamily and other agency use of the word ``Other'' and 
limiting the number of changes. Having moved these codes to the 
Instruction Booklet, HUD can make additional changes in the future when 
OMB completes its update.
Alien Registration
    HUD asked for comment on changing the Alien Registration number at 
the 60-day notice. HUD received a comment proposing that HUD maintain 
the Alien Registration Number because it is used to request SAVE 
verification and confirm immigration status and another comment that 
noted the PHA could not use the USCIS case number as a substitute in 
the SAVE system. Given the comments, HUD will not make a change to the 
form but intends to provide further guidance in the Instruction 
Booklet.

Section 4: Background at Admission

    HUD maintains the proposal from the 60-day notice to include a date 
when the family was selected from the waiting list; if the family was 
formerly homeless; if the family transitioned out of an institutional 
setting; and whether there was a special non-waiting list admission.

Section 5: Unit To Be Occupied on Effective Date of Action

    HUD maintains the proposal from the 60-day notice to add an 
urbanization code to accommodate Puerto Rican addresses; provide for 
the type of accessible unit identified by the PHA; and include whether 
the last inspection passed by the unit was an alternative inspection.

Section 6: Assets

    HUD maintains the proposal from the 60-day notice to delineate 
actual income from imputed income for each family member consistent 
with HUD's HOTMA rulemaking. HUD, at this 30-day notice, proposes to 
include a new field that would ask whether such asset listed was 
included in new family assets. Additional instructions on this will be 
provided in the 50058 Instruction Booklet.

Section 7: Income

    HUD is maintaining the 60-day notice proposal to add questions 
required to be supplied by the PHA to help determine whether a family 
is subject to HOTMA's public housing over-income rule: what the 
applicable over-income limit for families of the application's size is; 
whether the family is over-income; and the date the over-income family 
began the 24 consecutive month grace period. These questions have been 
moved to Section 7, since PHAs will be asked to compare the family's 
annual income to the over-income limit.

Section 8: Expected Income Per Year

    HUD, at this 30-day notice, is proposing to expand the ``Permissive 
Deductions'' question at 8b beyond Public Housing only. HUD maintains 
the proposal from the 60-day notice to rename this section ``Deductions 
and Allowances.'' HUD notes this name change follows an identical 
proposal already made on the HUD-50058-

[[Page 37264]]

MTW-Expansion. HUD believes that this term accurately reflects the 
content of the section and clearly delineates it from the preceding 
section.
    HUD also maintains the proposals from the 60-day notice to include 
a new question for families to indicate whether a family is eligible 
for a medical hardship expense, childcare hardship expense or both, 
consistent with HUD's HOTMA rulemaking.

Section 10: Public Housing and Turnkey III

    HUD maintains the proposal from the 60-day notice to revise Section 
10 heading to remove ``and Turnkey III'' and remove the income-based 
ceiling rent question and replace the ``income-based ceiling rent'' 
reference with ``flat rent.''

Section 11: Section 8: Project Based Certificates and Vouchers

    HUD, at this 30-day notice, is proposing to include items 
requesting information on whether the family received mobility-related 
services; whether a security deposit was paid by the PHA on behalf of 
the family; and whether the family received additional financial 
assistance consistent with the 60-day notice proposed changes to 
Section 12.
    HUD maintains the proposal from the 60-day notice to revise Section 
11 heading to remove reference to ``Certificates'' and add a question 
to include the HAP Contract ID Number, as assigned by the PBV HAP 
Contract Collection module in the Housing Information Portal (HIP).

Section 12: Housing Choice Vouchers: Tenant Based Vouchers

    HUD maintains the proposal from the 60-day notice to remove the 
question about whether the family qualifies as ``Hard to House.'' In 
addition, HUD maintains the request for information on whether the 
family received mobility-related services; whether a security deposit 
was paid by the PHA on behalf of the family; and whether the family 
received a higher payment standard as reasonable accommodation. In 
addition, HUD maintains the request to add from the HUD-50058 MTW 
Expansion, the questions about additional Payments, not HAP Payments, 
for tenant-based voucher family and financial incentives for property 
owners.

Section 17: Family Self-Sufficiency (FSS)/Welfare to Work (WtW) Voucher 
Addendum

    HUD maintains the proposal from the 60-day notice to revise Section 
17 heading to read ``Supportive Services Programs,'' and remove the 
Welfare to Work voucher questions. Additionally, HUD maintains the 
other changes to require information on effective date; add options to 
the question of why a participant exited the FSS program; information 
on employment; services for other supportive services programs, such as 
ROSS and Jobs Plus; amend the list of benefits a participating family 
receives; and update the services needed by/provided to participating 
families. In addition, HUD maintains the proposal to remove the 
questions about who provides the services, and whether the family 
received a selection preference.
    HUD-50058 MTW and HUD-50058 MTW Expansion Form: HUD maintains the 
proposal from the 60-day notice to make conforming changes mentioned 
above. In addition, HUD maintains the proposal to: remove the date of 
admission to the MTW program because it was unnecessary; add in a 
question on the total homeownership assistance payment (HAP); and to 
remove reference to ``Local, Non-Traditional Assistance.''

D. 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.

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. 2023-12162 Filed 6-6-23; 8:45 am]
BILLING CODE 4210-67-P