[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53507-53510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16916]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7067-N-02]


60-Day Notice of Proposed Information Collection: Comment 
Request; ``Report Housing Discrimination'' Form HUD-903.1, HUD-903.1A, 
HUD-903.1B, HUD-903.1C, HUD-903.1F, HUD-903.1CAM, HUD-903.1KOR, HUD-
903.1RUS, HUD-903-1_Somali; OMB Control No.: 2529-0011

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity (FHEO), 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: October 10, 2023.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal.
    Written comments and recommendations for the proposed information 
collection can be submitted within 60 days of publication of this 
notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 60-day Review--
Open for Public Comments'' or by using the search function. Interested 
persons are also invited to submit comments regarding this proposal by 
name and/or OMB Control Number and can be sent to: Colette Pollard, 
Reports Management Officer, REE, Department of Housing and Urban 
Development, 451 7th Street SW, Room 8210, Washington, DC 20410-5000 or 
email at [email protected].

FOR FURTHER INFORMATION CONTACT: Erik Heins, Director, Enforcement 
Support

[[Page 53508]]

Division, FHEO Office of Enforcement, Office of Fair Housing and Equal 
Opportunity (FHEO), U.S. Department of Housing and Urban Development, 
451 7th Street SW, Washington, DC, 20410-2000; telephone number (202) 
402-5887 (this is not a toll-free number), or email at 
[email protected]. 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. To learn more 
about how to make an accessible telephone call, please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION: HUD is requesting this proposed extension of 
approval for a currently approved information collection to the OMB for 
review, as required by the Paperwork Reduction Act of 1995 [44 U.S.C. 
chapter 35, as amended]. On June 8, 2023, OMB issued a Notice of 
Emergency Approval for Program-related revisions to HUD's previously 
approved Form HUD-903.1 Series information collection. The OMB 
Emergency Approval expires on December 31, 2023.
    The ``Report Housing Discrimination'' Form (HUD-903.1) is used for 
the collection of pertinent information from persons or entities who 
wish to file housing discrimination complaints with HUD/FHEO under 
section 810(a) of the Fair Housing Act of 1968 (Act), as amended [42 
U.S.C. 3601 et seq. and 24 CFR part 103, subparts A and B] and/or under 
other Federal civil rights laws administratively enforced by FHEO. 
Effective as of October 1, 2022, FHEO was also authorized to file and 
investigate complaints alleging violations of the 2022 reauthorization 
of the Violence Against Women Act (VAWA) [34 U.S.C. 12494(c)]. 
Accordingly, FHEO requested and received OMB's emergency approval to 
revise the previously approved ``Report Housing Discrimination'' Form 
by adding information necessary to inform the public, including 
potential VAWA complainants/survivors, about FHEO's new VAWA 
enforcement authority. On January 20, 2023, FHEO also published Notice 
FHEO-2023-01: ``Notice to Public Regarding FHEO Enforcement Authority 
and Procedures: Violence Against Women Act 2022 (VAWA).'' Notice FHEO-
2023-01 describes FHEO's new procedures for conducting intake, filing, 
investigating, and resolving VAWA complaints. FHEO has also established 
a ``Your Rights Under the Violence Against Women Act (VAWA)'' web page 
that provides detailed guidance (including Notice FHEO-2023-01) for 
potential VAWA complainants/survivors, at: https://www.hud.gov/program_offices/fair_housing_equal_opp/VAWA.
    HUD's Office of Fair Housing and Equal Opportunity (FHEO) staff 
uses the currently-approved Form HUD-903.1 Series information 
collection at the intake stage of case processing to verify that a 
person or entity has standing as an aggrieved person to file a 
complaint under the Act; that the respondent is covered by the 
requirements of the Act; that the subject dwelling and/or transaction 
is covered by the requirements of the Act; that the alleged 
discriminatory activity is prohibited under the Act (subject matter 
jurisdiction); and that the alleged discriminatory activity occurred 
within the Act's one-year statute of limitations for filing a complaint 
with HUD. The currently approved Form complies with the procedures 
described in HUD's Fair Housing Act regulation at 24 CFR part 103, 
subpart B, subsections 103.10, 103.15, 103.20, 103.25, 103.30, 103.35, 
and 103.40. The Form also provides a complete list of mailing 
addresses, email addresses, and fax numbers for HUD's ten (10) Regional 
FHEO Offices.
    The currently approved Form HUD-903.1 Series will not increase the 
information collection burden for aggrieved persons. The Form asks an 
aggrieved person to provide their full name; address; phone and/or 
email contact information; and alternative contact information. The 
Form also asks the aggrieved person to answer five (5) preliminary 
questions that may establish HUD's authority (jurisdiction) to file and 
investigate a housing discrimination complaint.
    The currently approved Form HUD-903.1 Series will not increase the 
total annual burden hours for aggrieved persons who submit the Form to 
HUD via the internet. Therefore, HUD does not believe that the time for 
completing the online version of the Form will exceed the current 45-
minute time limit for internet submissions.
    This Notice is soliciting comments from members of the public and 
affected agencies concerning the proposed extension of approval for a 
currently approved collection of information concerning alleged 
discriminatory housing practices under the Fair Housing Act [42 U.S.C. 
3601 et seq.]. The Fair Housing Act prohibits discrimination in the 
sale, rental, occupancy, advertising, and insuring of residential 
dwellings; and in residential real estate-related transactions; and in 
the provision of brokerage services, based on race, color, religion, 
sex, handicap [disability], familial status, or national origin. The 
Fair Housing Act also makes it unlawful to coerce, intimidate, 
threaten, or interfere with any person who has (1) exercised their fair 
housing rights; or (2) aided or encouraged another person to exercise 
their fair housing rights.
    Any person who claims to have been injured by a discriminatory 
housing practice, or any person who believes that they will be injured 
by a discriminatory housing practice that is about to occur, may file a 
complaint with HUD not later than one year after the alleged 
discriminatory housing practice(s) occurred or terminated. FHEO 
designed the ``Report Housing Discrimination'' Form HUD-903.1 Series to 
promote consistency in the documents that, by statute, must be provided 
to persons or entities against whom complaints are filed 
[``respondents''], and for the general public's information and 
convenience. Section 103.25 of HUD's Fair Housing Act regulation 
describes the jurisdictional information that must be included in each 
complaint filed with HUD. For purposes of meeting the Act's one-year 
time limitation for filing complaints with HUD, complaints need not be 
initially submitted on the Form that HUD provides. ``Report Housing 
Discrimination'' Form HUD-903.1 (English language), HUD-903.1A (Spanish 
language), HUD-903.1B (Chinese language), HUD-903.1C (Arabic language), 
HUD-903.1F (Vietnamese language), HUD-903.1CAM (Khmer/Cambodian 
language), HUD-903.1KOR (Korean language), HUD-903.1RUS (Russian 
language), and HUD-903-1_(Somali language) may be submitted to HUD in 
person, by mail, by fax, email, or via the internet. FHEO staff uses 
the information provided on the Form to verify HUD's authority to 
investigate the aggrieved person's allegations under the Fair Housing 
Act and/or under other Federal civil rights laws that FHEO 
administratively enforces.

A. Overview of Information Collection

    Proposed Revised Title of Information Collection: Report Housing 
Discrimination.
    OMB Control Number: 2529-0011.
    Type of Request: Proposed extension of approval for a previously 
approved information collection.
    Form Number: HUD-903.1.
    Description of the need for the information and proposed use: FHEO 
uses the ``Report Housing Discrimination'' Form HUD-903.1 Series to 
collect pertinent information from persons wishing to file housing

[[Page 53509]]

discrimination complaints with HUD under the Fair Housing Act. The Fair 
Housing Act makes it unlawful to discriminate in the sale, rental, 
occupancy, advertising, or insuring of residential dwellings; or to 
discriminate in residential real estate-related transactions; or in the 
provision of brokerage services, based on race, color, religion, sex, 
handicap [disability], familial status, or national origin. The Fair 
Housing Act also makes it unlawful to coerce, intimidate, threaten, or 
interfere with any person who has (1) exercised their fair housing 
rights; or (2) aided or encouraged another person to exercise their 
fair housing rights.
    The ``Report Housing Discrimination'' Form HUD-903.1 Series 
facilitates the collection of pertinent information from persons or 
entities who wish to file housing discrimination complaints with HUD 
under section 810(a) of the Fair Housing Act of 1968 (Act), as amended 
[42 U.S.C. 3601 et seq. and 24 CFR part 103, subparts A and B]. Any 
person who claims to have been injured by a discriminatory housing 
practice, or any person who believes that they will be injured by a 
discriminatory housing practice that is about to occur, may file a 
complaint with HUD not later than one year after the alleged 
discriminatory housing practice occurs or terminates. FHEO staff uses 
the information to verify that the person or entity has standing as an 
aggrieved person to file a complaint under the Act; that the respondent 
is covered by the requirements of the Act; that the subject dwelling 
and/or transaction is covered by the requirements of the Act; that the 
alleged discriminatory activity is prohibited under the Act (subject 
matter jurisdiction); and that the alleged discriminatory activity 
occurred within the Act's one-year statute of limitations for filing a 
complaint with HUD. This information is subsequently used to notify 
persons or entities that have been accused of engaging in 
discriminatory housing practices [``respondents''], as required under 
42 U.S.C. 3610(1)(B)(ii) of the Act, and under 24 CFR 103.202(a) of 
HUD's Fair Housing Act regulation. FHEO also uses this Form to 
establish HUD's authority to conduct investigations under other Federal 
civil rights authorities, including, but not limited to, title VI of 
the Civil Rights Act of 1964 [42 U.S.C. 2000d-1]; section 504 of the 
Rehabilitation Act of 1973 [29 U.S.C. 794]; title II of the Americans 
with Disabilities Act of 1990 [42 U.S.C. 12131-12134]; section 109 of 
title I of the Housing & Community Development Act of 1974 [42 U.S.C. 
5309]; the Age Discrimination Act of 1975 [42 U.S.C. 6101-6107]; title 
X of the Education Amendments Act of 1972 [20 U.S.C. 1681-83, 85-88]; 
and under the 2022 reauthorization of the Violence Against Women Act 
(VAWA) [34 U.S.C. 12494(c)].
    To further public education about unlawful housing discrimination, 
the Form also contains a non-exhaustive list of activities that are 
prohibited under the Fair Housing Act and under VAWA. Electronic 
versions of the Form are currently available on FHEO's ``REPORT HOUSING 
DISCRIMINATION'' web page in English, Spanish, Chinese, Vietnamese, 
Korean, Arabic, Khmer/Cambodian, Russian, and Somali language texts at: 
https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
    The Form may be submitted to HUD by mail, email, fax, 
electronically via the internet, or presented in person to HUD's 
Regional and/or Field FHEO Offices. HUD/FHEO staff uses this 
information collection as a source of pertinent data for the HUD 
Enforcement Management System [``HEMS''], HUD's electronic Fair Housing 
Act complaint processing database. FHEO uses the HEMS database to 
conduct intake/assessment of housing discrimination claims; to perfect 
and generate jurisdictional complaints; to develop investigative plans; 
to store factual evidence obtained during complaint investigations; to 
document conciliation efforts under section 810(b) of the Act and 
voluntary compliance efforts under other Federal civil rights 
authorities; to generate Final Investigative Reports and Determinations 
of Reasonable Cause and Determinations of No Reasonable Cause under 
sections 810(b) and 810(g) of the Act; and to generate digital case 
files for administrative enforcement actions.
    Agency form numbers, if applicable: Form HUD-903.1 (English), Form 
HUD-903.1A (Spanish), Form HUD-903.1B (Chinese), Form HUD-903.1C 
(Arabic), Form HUD-903.1F (Vietnamese), Form HUD-903.1CAM (Khmer/
Cambodian), Form HUD-903.1KOR (Korean), Form HUD-903.1RUS (Russian), 
and Form HUD-903-1_(Somali).
    Members of affected public: Individuals or households; businesses 
or other for-profit, not-for-profit institutions; State, Local, or 
Tribal Governments.
    Estimation of the total number of hours needed to prepare the 
information collection, including the number of respondents, frequency 
of response, and hours of responses: During FY 2022, HUD/FHEO staff 
received approximately 29,791 information submissions from persons 
wishing to file housing discrimination complaints with HUD. Telephone 
contacts accounted for 1,529 of the total FY 2022 submissions. The 
remaining 28,262 submissions of potential complaint information were 
transmitted to HUD by mail, in-person, by email, and via the internet. 
HUD estimates that an aggrieved person takes approximately 45 minutes 
to complete the HUD 903.1 Form. HUD/FHEO staff uses the information 
collected from the Form HUD-903.1 Series to generate a formal housing 
discrimination complaint in the HEMS database. This formal complaint is 
subsequently signed by the aggrieved person(s) under penalty of perjury 
and is served on the respondent(s) by personal service or by certified 
mail, as required under 24 CFR 103.202(a) of HUD's Fair Housing Act 
regulation.
    Each aggrieved person will complete the HUD 903.1 Form on a one-
time basis. Therefore, HUD estimated the annual burden hours for this 
information collection at 21,196 hours.
    28,262 x 1 (frequency) x .45 minutes (.75 hours.) = 21,196 hours.
    Annualized cost burden to complainants: HUD does not provide 
postage-paid mailers for this information collection. Accordingly, 
persons who choose to submit the HUD-903.1 Form to HUD by regular mail 
must pay the United States Postal Service's (USPS's) prevailing First-
Class Postage rate. At the time of this Notice, the annualized cost 
burden per person, based on a one-time submission of this Form to HUD 
via the USPS's First-Class Postage rate is Sixty-Three Cents ($0.63) 
per person. Aggrieved persons may also submit the Form to HUD in 
person, by fax, by email, or electronically via the internet.
    There are no additional annualized cost burdens to aggrieved 
persons or record keepers resulting from this information collection.
    Status of the proposed information collection: Proposed extension 
of a currently approved information collection of pertinent information 
from aggrieved persons wishing to file housing discrimination 
complaints with HUD.

B. Solicitation of Public Comments

    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 information collection is necessary for 
the performance of the agency's functions;
    (2) Whether the agency's estimate of burdens imposed by the 
information collection is accurate;

[[Page 53510]]

    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burdens of the information collection on 
aggrieved persons, including 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 comments in response to 
these questions.

C. Authority

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 
chapter 35, as amended.

Erik Heins,
Director, Enforcement Support Division, FHEO.
[FR Doc. 2023-16916 Filed 8-7-23; 8:45 am]
BILLING CODE 4210-67-P