[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53437-53439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13987]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7083-N-02]


60-Day Notice of Proposed Information Collection; Affirmative 
Fair Housing Marketing Plan--HUD 935.2A, HUD 935.2B, and HUD 935.2C; 
OMB Control Number: 2529-0013

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

ACTION: Notice.

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

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

[[Page 53438]]


DATES: Comment Due Date: August 26, 2024.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to Colette Pollard, Reports Management Officer, REE, 
Department of Housing and Urban Development, 451 7th Street SW, Room 
8120, Washington, DC 20410. Communications must refer to the above 
docket number and title. There are two methods for submitting public 
comments.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to Colette Pollard, REE, Department of Housing and Urban 
Development, 451 7th Street SW, Room 8120, Washington, DC 20410;
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov website can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
notice. Facsimile (FAX) comments are not acceptable.


FOR FURTHER INFORMATION CONTACT: Jacy Gaige, Acting Director, Office of 
Enforcement, Office of Fair Housing and Equal Opportunity, Department 
of Housing and Urban Development, 451 7th Street SW, Room 7272, 
Washington, DC 20410; telephone (202) 402-1481 (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. 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: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.

A. Overview of Information Collection

    Title of Information Collection: Affirmative Fair Housing Marketing 
Plan--HUD 935.2A, HUD 935.2B, and HUD 935.2C.
    OMB Approval Number: 2529-0013.
    Type of Request: Revision of a currently approved collection.
    Form Number: HUD 935.2A, HUD 935.2B, HUD 935.2C.
    Description of the need for the information and proposed use:
    HUD is requesting that the OMB approve the revision of forms: HUD-
935.2A Affirmative Fair Housing Marketing Plan--Multifamily Housing, 
HUD-935.2B Affirmative Fair Housing Marketing Plan--Single Family 
Housing, and HUD-935.2C Affirmative Fair Housing Marketing Plan--
Condominiums or Cooperatives. These forms assist HUD in fulfilling its 
duty under the Fair Housing Act to administer its programs and 
activities relating to housing and urban development in a manner that 
affirmatively furthers fair housing, by promoting a condition in which 
individuals of similar income levels in the same housing market area 
have available a like range of housing choices, regardless of race, 
color, national origin, religion, sex (including sexual orientation and 
gender identity), disability, or familial status. These forms assist 
HUD grantees and insured housing with their compliance with the Fair 
Housing Act and other civil rights requirements. This collection also 
promotes compliance with Executive Order 11063, which requires Federal 
agencies to take all necessary and appropriate action to prevent 
discrimination in federally insured and subsidized housing. Under the 
Affirmative Fair Housing Marketing Regulations (24 CFR part 200, 
subpart M), an AFHMP must be submitted by all applicants for 
participation in Federal Housing Administration (FHA) subsidized and 
unsubsidized housing programs that involve the development or 
rehabilitation of the following types of housing: (1) multifamily 
projects or manufactured home parks of five or more lots, units, or 
spaces; (2) a single family property, where the property is located in 
a subdivision and the builder or developer intends to sell five or more 
properties in the subdivision, and a lender is making an initial 
application for mortgage insurance; or (3) dwelling units, when the 
applicant's participation in FHA housing programs had exceeded or would 
thereby exceed the development of five or more of such dwelling units 
during the year preceding the application (not counting the development 
of single family dwelling units for occupancy by a mortgagor on 
property owned by the mortgagor and in which the applicant had no 
interest prior to entering into the contract for construction or 
rehabilitation). The regulations require applicants to submit the AFHMP 
on a form prescribed by the Department (i.e., HUD-935A; HUD-935B and 
HUD 935-C). If this information was not collected, it would prevent HUD 
from ensuring compliance with affirmative fair housing marketing 
requirements.
    HUD is revising the HUD-935.2A to clarify the instructions 
involving marketing activities and reduce the need to provide 
information that has already been reported to HUD. The revision also 
substantially reduces the burden hours of completing the form using 
Microsoft Excel to automate the retrieval of project demographics and 
geocoded Census data once users enter an existing nine-digit Property 
ID.
    Respondents: Applicants for FHA subsidized and unsubsidized housing 
programs.
    Estimated Number of Respondents: 5,703 For the HUD 935.2A: On an 
annual basis, there are approximately 303 respondents that submit new 
plans and 1,080 respondents that review their existing plans and submit 
updated plans. There are 4,320 respondents who will review their AFHMP 
and determine that it does not need to be submitted for HUD approval.
    For HUD 935.2.B & C: On an annual basis, there are approximately 30 
respondents that submit new plans.
    Estimated Number of Responses: 5,733.
    Frequency of Response: 1 per annum.
    Average Hours per Response: The average hours per response is 2.7 
hours. (For HUD-935.2A, the hours per response are: 4 hours (new plans) 
and 2 hours (to review and update plans. Census data needed for updates 
are now automated) and 2 hours (review only, i.e., those who review and 
determine that an update is not needed). For HUD-935.2B & C, the hours 
per response is 3 hours (average hours between those that will certify 
that they do not need to complete the form and those that will complete 
the form).
    Total Estimated Burden: 12,102 hours.

[[Page 53439]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Number of    Frequency    Responses    Burden hour per                           Hourly cost per
     Information collection       respondents  of response   per annum        response       Annual burden hours       response           Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
HUD-935.2A (MFH)................        5,703            1       5,703  New 4 x 303........  New 1,212..........  Respondents.......  Respondents
                                                                        Review & Update 2 x  Review & Update 2,   $40/hr              New = ($40 x 4 x
                                                                         1,080.               160.                 (professional       303) + ($18 x 2 x
                                                                        Review 2 x 4,320...  Review 8,640.......   work).              303) = $59,388.
                                                                                                                  $18/hr (clerical    Updates = ($40 x 2
                                                                                                                   work).              x 1,080) + ($18 x
                                                                                                                  $1.35 per report     2 x $1,080) =
                                                                                                                   mailing.            $125,280.
                                                                                                                                      Reviews = ($40 x 2
                                                                                                                                       x 4,320)
                                                                                                                                       =$345,600.
                                                                                                                                      Mailing Costs =
                                                                                                                                       $1.35 x 100 =
                                                                                                                                       $135.
                                                                                                                                      Annual Cost =
                                                                                                                                       $59,388 +$125,280
                                                                                                                                       + $345,600 + $135
                                                                                                                                       = $530,403.
                                                                                                                  Government........  Government
                                                                                                                  $40.45/hr *         New = ($40.45 x 3
                                                                                                                   (professional       x 303) + ($18.40
                                                                                                                   work).              x 0.5 x 303) =
                                                                                                                  $18.40/hr **         $39,556.65.
                                                                                                                   (clerical work).   Reviews & Updates
                                                                                                                                       = ($40.45 x 3 x
                                                                                                                                       1,080) + ($18.40
                                                                                                                                       x 0.5 x 1,080) =
                                                                                                                                       $140,994.
                                                                                                                                      Annual Cost =
                                                                                                                                       $39,556.65+
                                                                                                                                       $140,994 =
                                                                                                                                       $180,550.65.
HUD-935.2B (SFH) & C (Condos and           30            1          30  3..................  90.................  Respondents.......  Respondents
 Co-Ops).                                                                                                         $40/hr              ($40 x 3 x 30) +
                                                                                                                   (professional       ($18 x 2 x 30) =
                                                                                                                   work).              $4,680.
                                                                                                                  $18/hr (clerical    $1.35 x 0 = $0.
                                                                                                                   work).             Annual Cost =
                                                                                                                  $1.35 per report     $4,680 + $0 =
                                                                                                                   mailing.            $4,680.
                                                                                                                  Government........  Government
                                                                                                                  $40.42/hr           Annual Cost =
                                                                                                                   (professional       ($40.42 x 3 x 30)
                                                                                                                   work).              + ($18.40 x 0.5 x
                                                                                                                  $18.40/hr            30) = $3,918.8.
                                                                                                                   (clerical work).
                                 -----------------------------------------------------------------------------------------------------------------------
    Total.......................        5,733       1 each       5,733  Avg. of 3.5........  12,102.............  Avg. of $17.84....  Respondents:
                                                                                                                                       $535,083.
                                                                                                                                      Government:
                                                                                                                                       $184,469.49.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Base rate for GS 12 Step 5 ($40.42/hr) based on the salary information available on OPM.gov.
** Base rate for GS 5 step 5 ($18.40/hr) based on the salary information available on OPM.gov.

Solicitation of Public Comment

    In accordance with 5 CFR 1320.8(d)(1), HUD is specifically 
soliciting comment from members of the public and affected parties 
concerning the collection of information described in Section A on the 
following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    HUD encourages interested parties to submit comments in response to 
these questions.

Charles McNally,
Director of Program Standards and Compliance, Office of Fair Housing 
and Equal Opportunity.
[FR Doc. 2024-13987 Filed 6-25-24; 8:45 am]
BILLING CODE 4210-67-P