30 day

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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:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–5534
(this is not a toll-free number) or email
at Anna.P.Guido@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email Anna
P. Guido at Anna.P.Guido@hud.gov or
telephone 202–402–5535. This is not a
toll-free number. Persons with hearing
or speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
Information collection

Number of
respondents

A. Overview of Information Collection
Title of Information Collection:
Survey of Market Absorption of New
Multifamily Units.
OMB Approval Number: 2528–0013
(Expires July 31, 2020).
Type of Request (i.e., new, revision or
extension of currently approved
collection): Revision of a currently
approved collection.
Form Number: N/A.
Description of the need for the
information and proposed use: The
Survey of Market Absorption (SOMA)
provides the data necessary to measure
the rate at which new rental apartments
and new condominium apartments are
absorbed; that is, taken off the market,
usually by being rented or sold, over the
course of the first twelve months
following completion of a building. The
data are collected at quarterly intervals

Frequency of
response

Responses
per annum

Burden hour
per response

until the twelve months conclude, or
until the units in a building are
completely absorbed. The survey also
provides estimates of certain
characteristics, including asking rent/
price, number of units, and number of
bedrooms. The survey provides a basis
for analyzing the degree to which new
apartment construction is meeting the
present and future needs of the public.
Members of affected public: Rental
Agents/Builders.
Estimated Number of Respondents:
12,000 yearly (maximum).
Estimated Time per Response: 15
minutes/initial interview and 5 minutes
for any subsequent interviews (up to
three additional, if necessary).
Frequency of Response: Four times
(maximum).
Estimated Total Annual Burden
Hours: 6,000 (12,000 buildings × 30
minutes).
Estimated Total Annual Cost: The
only cost to respondents is that of their
time. The total estimated cost to HUD in
FY 2020 is $1,830,000.
Respondent’s Obligation: Voluntary.
Legal Authority: The survey is
conducted under Title 12, United States
Code, Section 1701Z.
Annual
burden
hours

Hourly cost
per response

Cost

SOMA ....................

12,000

4

48,000

.125 (30 minutes
total divided by 4
interviews).

6,000

$0

$0

Total ...............

12,000

4

48,000

.125 .......................

6,000

0

0

B. Solicitation of Public Comment

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Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.

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

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submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: October 28, 2019.
Seth D. Appleton,
Assistant Secretary for Policy Development
and Research.
[FR Doc. 2019–24433 Filed 11–7–19; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7011–N–49]

30-Day Notice of Proposed Information
Collection: Moving to Work
Amendment to Consolidated Annual
Contributions Contract (ACC)
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:

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Fmt 4703

Sfmt 4703

HUD has submitted the
information collection described below
to the Office of Management and Budget
(OMB) for review and approval, in
accordance with the Paperwork
Reduction Act. HUD has revised the
Moving to Work Amendment to the
Consolidated Annual Contributions
Contract (ACC) (‘‘MTW ACC
Amendment’’) in response to public
comments received during the public
comment period provided for by the 60Day Notice of Proposed Information
Collection. These revisions are more
thoroughly described below. This
publication is to provide notice to PHAs
of the revisions and to give PHAs the
opportunity to comment on such
revisions. The purpose of this notice is
to allow for an additional 30 days of
public comment.
DATES: Comments Due Date: December
9, 2019.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
SUMMARY:

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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices

the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Officer of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806; email:
OIRA_Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
This is not a toll-free number. Copies of
available documents submitted to OMB
may be obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD has
submitted to OMB a request for
approval of 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 December 27, 2018 at 83 FR 66738.

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A. Background
In order to implement the expanded
MTW program under division L, title II
of the Consolidated Appropriations Act,
2016 (Pub. L.114–113, December 18,
2015), HUD issued the first Operations
Notice of the Expansion of the Moving
to Work Demonstration Program
Solicitation of Comment (82 FR 8056,
January 23, 2017) (Operations Notice),
and solicited public comment. This
notice established requirements for the
implementation and continued
operation of the expansion of the MTW
demonstration program pursuant to the
2016 MTW Expansion Statute and
certain pre-approved waivers to
establish program flexibility for
participants. These waivers will be
available to MTW PHAs when the
revised MTW ACC Amendment is
executed. The Operations Notice also
provided that the 100 PHAs would be
selected in cohorts, with applications
for each cohort to be sought via a
Selection Notice.
This initial Operations Notice was
followed by subsequent Federal
Register notices. On May 4, 2017, HUD

Information collection

Number of
respondents

HUD–50166 MTW ACC
Amendment.

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100

Jkt 250001

published the Operations Notice for the
Expansion of the Moving to Work
Demonstration Program Solicitation of
Comment; Waiver Revision and
Reopening of Comment Period.’’ On
October 5, 2018, HUD published a
further Operations Notice (83 FR
50387)(a correction and extension of the
comment period was published on
October 11, 2018 (83 FR 51474)). This
notice made changes as a result of the
prior public comments, and again
solicited public comments. HUD plans
to issue the final MTW Operations
Notice separately.
On December 27, 2018, HUD issued
for public comment the 60-day notice
for the Moving to Work Amendment to
the Consolidated Annual Contributions
Contract (the ‘‘MTW ACC Amendment’’)
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. (83 FR 66738). The
MTW ACC Amendment has been
revised in response to public comments
received under the 60-day Notice. The
formal title has also been changed to the
‘‘Moving to Work Amendment to the
Annual Contributions Contract(s).’’ The
revised MTW ACC Amendment will
govern the 100 new PHAs’ participation
in the MTW demonstration pursuant to
the 2016 legislation. It will allow the
PHAs to exercise the flexibilities
provided by the MTW Operations
Notice and their respective Selection
Notice and require compliance with the
terms and conditions of each Notice
respectively. This notice follows the 60day notice.
B. Overview of Information Collection
Title of Information Collection:
Moving to Work Amendment to
Consolidated Annual Contributions
Contract.
OMB Approval Number: Pending
OMB approval.
Type of Request: New collection.
Form Number: HUD–50166.
Description of the need for the
information and proposed use: The
proposed Moving to Work (MTW)
Amendment to the Annual
Contributions Contract(s), signed by
HUD and the selected Public Housing
Authority (PHA), is necessary for HUD
to implement the expansion of the
Moving to Work program enacted by
Congress in the Consolidated
Appropriations Act, 2016 (Pub. L. 114–

Frequency
of response

Responses
per annum

1 each ............

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Burden hour
per response
1

Fmt 4703

Sfmt 4703

113, approved December 18, 2015)
(2016 Appropriation). It establishes the
basic terms and conditions that will
apply to 100 new PHAs participating in
the MTW demonstration pursuant to the
2016 Appropriation. Specifically, the
MTW ACC Amendment amends any
ACCs for the public housing or housing
choice voucher programs in effect
between the PHA and HUD to establish
the PHA’s designation as an MTW
agency and to operate in accordance
with the requirements of the MTW
demonstration program, as amended by
Public Law 114–113. The MTW ACC
Amendment establishes the terms of
participation in MTW, including the
requirement that the PHA follow the
MTW Operations Notice and its
respective Selection Notice. The PHAs
remain subject to the applicable ACCs
when the provisions are not otherwise
waived by the Operations Notice or the
applicable MTW Selection Notice.
Additionally, the MTW ACC
Amendment outlines PHA transition out
of the demonstration and HUD
termination rights upon PHA default. A
copy of the proposed MTW ACC
Amendment is published at the end of
this notice. Please note that the 30-Day
Notice of Proposed Information
Collection for the Public Housing
Annual Contributions Contract for
Capital and Operating Grant Funds
(Public Housing ACC) is published
elsewhere in this issue of the Federal
Register.
This 30-Day Notice of Proposed
Information Collection provides PHAs
with notice of revisions to the proposed
MTW ACC Amendment published on
December 27, 2018 in the 60-Day Notice
of Proposed Information Collection at 83
FR 66738. The MTW ACC Amendment
published in this notice revises several
provisions published in the 60-Day
Notice in response to public comments
received. These revisions are
summarized in Section E of this notice.
Additionally, HUD has summarized
public comments and provided
responses to those comments in Section
F of this notice.
Respondents: Public housing
agencies.
Total Estimated Burdens: The burden
costs associated with this collection are
as follows:

Annual burden
hours

1.00

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100

08NON1

Hourly cost
per response
$52.88

Cost
$5,288

Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
The burden costs shown represent
burden associated with a one-time
execution of the MTW ACC Amendment
for each of 100 PHAs to be designated
as MTW pursuant to the FY2016
Appropriations Statute. Previously, in
the 60-Day PRA Notice published on
December 27, 2018, HUD underestimated the estimated burden hours
associated with the execution of the
MTW ACC Amendment. The burden
hours did not account for the review
time associated with the one-time
execution of the MTW ACC
Amendment.
C. 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 comments in response to these
questions.

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D. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
E. Overview of Significant Changes
Made to the MTW ACC Amendment
The following represents the most
notable changes to the MTW ACC
Amendment. However, other changes
have also been made which may not be
identified below because they are
editorial or non-material and minor
changes. The MTW ACC Amendment
should be reviewed in its entirety to
determine the exact nature and scope of
these revisions. A copy of the revised
MTW ACC Amendment is published at
the end of this notice.
• HUD changed the title of the
document from the Moving to Work
Amendment to the Consolidated Annual
Contributions Contract(s) (MTW CACC
Amendment) to the Moving to Work
Annual Contributions Contract(s) (MTW

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ACC Amendment) in conjunction with
changes made to the Public Housing
ACC. The document continues to amend
any ACC in effect between the PHA and
HUD for the public housing or housing
choice voucher programs (including the
‘‘Consolidated Annual Contributions
Contract for the Rental Certificate and
Rental Voucher programs’’).
• HUD amended Section 4 of the
amendment and extended the term of
this amendment from 12 to 20 years,
and to clarify that the effective date of
the amendment is at the start of the first
full PHA fiscal year after execution of
the amendment by the PHA and HUD.
• HUD deleted Section 10 of the
amendment as a result of the changes to
Section 4, which rendered it
superfluous.
• HUD amended Section 5(C) of the
Amendment to clarify that exemptions
from statutory and regulatory
requirements pursuant to the MTW
Operations Notice extend to the
implementing subregulatory
requirements in response to public
comments.
• HUD amended Section 6 of the
Amendment in response to public
comments to clarify that a transition
plan is not needed a year prior to
termination of the MTW ACC
Amendment if the PHA’s participation
in the MTW demonstration program is
extended in advance of the final year of
the term of the MTW ACC Amendment.
HUD also made changes to this section
to clarify submission and approval
process for the transition plan and to
clarify that a subsequent amendment to
the ACC may be needed to allow
continuation of MTW authority
necessary to continue some activities
under the transition plan after the term
of the amendment.
• HUD amended Section 7(B) of the
Amendment in response to public
comments to remove remedies related to
suspending, reducing, or offsetting
funding, which are covered by the ACC.
• HUD amended Section 8 of the
Amendment for clarity.
• HUD added a severability clause in
Section 9 to ensure that the Amendment
remains in effect allowing for the
continued administration of the MTW
demonstration program in the event of
litigation affecting one of the
Amendment provisions.
F. Summary of MTW ACC Amendment
Comments and HUD Responses
Comment: Commenters felt that the
Standard MTW Agreement was
necessary to ensure that new MTW
agencies would be part of the same
program as the existing 39 MTW PHAs,
consistent with the intent of Congress in

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60407

expanding the MTW demonstration
program.
HUD Response: A fundamental goal of
the MTW expansion is to provide MTW
expansion PHAs with many of the same
flexibilities that the existing agencies
have. For that reason, the framework of
the MTW expansion was drafted with
the intent to provide generally the same
flexibilities of the existing MTW
agencies (after consideration of the legal
authority provided by the MTW statute
and continued necessity given changes
in law and regulations) in a framework
that is simplified for both HUD and
MTW PHAs and ensures resident
protections. Through the MTW
Operations Notice, HUD is creating a
simpler and streamlined structure for
new MTW PHAs and for HUD. The
MTW Operations Notice makes it clear
what statutory or regulatory provisions
the authorization is waiving and what
activities can be implemented without
further HUD approval. This is important
for scalability, monitoring, and allowing
the same flexibilities with simplified
administrative oversight. Further, in the
event a 1937 Act statutory or regulatory
provision is not included within the
MTW Operations Notice, an MTW
expansion agency may use its MTW
authority to request to waive the statute
or regulation, as long as it does not
conflict with a cohort study or is not
one of the statutory provisions restricted
by Congress.
Additionally, operating the
demonstration program via the MTW
Operations Notice, effectuated for each
agency via execution of the MTW ACC
Amendment, rather than by using
individual MTW Agreements allows for
consistency of interpretation and
administration of provisions such as the
MTW funding formula (rather than
having various individual formulae),
avoiding the potential for
misinterpretations and inconsistent
treatment among PHAs. The MTW ACC
amendment is necessary to allow the
agency to exercise the flexibilities
provided by the MTW Operations
Notice and to require compliance with
the terms thereof. This programmatic
structure is essential for scalability of
the MTW demonstration program;
administration of over 100 individual
MTW Agreements is not feasible for
HUD.
Comment: Commenters expressed
concerns, that unlike an MTW
agreement, the MTW Operations Notice
implemented through the MTW ACC
Amendment could be unilaterally
changed by HUD. Commenters also
stated that substantive changes to the
Notice affecting the terms of an MTW
agency’s participation in the

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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices

demonstration should be subject to
notice and comment procedures.
HUD Response: To improve
scalability and allow for ease of adding
additional flexibilities to the
demonstration, PIH looked to the Rental
Assistance Demonstration (RAD)
program and its implementation
through HUD notices. Using RAD’s
model, HUD will be able to revise the
MTW Operations Notice as it learns
from and develops the demonstration,
whereas it is much more difficult to
amend over 100 contracts. The MTW
Operations Notice states that any
significant updates to the Operations
Notice by HUD will be preceded by a
public comment period.
Comment: Commenters were
concerned about HUD’s ability to
discontinue an agency’s activity and felt
that the reasons for which HUD would
do this were unclear.
HUD Response: Language about
discontinuation of activities has been
removed from the MTW ACC
Amendment in response to public
comments. The final MTW Operations
Notice will provide additional
information on the factors HUD will
evaluate when considering requiring a
PHA to discontinue an activity.
Comment: Commenters expressed
concern that the language making the
PHA subject to all HUD requirements
other than those statutory and
regulatory provisions waived pursuant
to the MTW Operations Notice would
void all MTW flexibilities because of the
potential for conflicting requirements in
subregulatory guidance.
HUD Response: HUD has added
language to clarify that exemptions from
statutory and regulatory requirements
pursuant to the MTW Operations Notice
extend to subregulatory guidance to the
extent that that subregulatory guidance
implements statutory and regulatory
requirements waived by the MTW
Operations Notice in response to these
concerns.
Comment: Commenters expressed
concern over the mechanisms
surrounding the end of the 12-year term
of participation and an MTW PHA’s
ability to retain waivers to continue
successful activities.
HUD Response: HUD has amended
Section 6 of the ACC to acknowledge
that, in the event of an ACC amendment
extension, the transition plan would not
be due at the end of the initial term but
at the end of the extension(s). HUD has
also clarified the process by which an
agency can request continued use of
certain MTW flexibilities if/when its
term of participation expires. HUD also
extended the term of participation to 20
years in Section 4.

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Comment: Some commenters felt that
the termination and default remedies
authorized to HUD were excessive and
redundant of remedies provided by the
ACC.
HUD Response: HUD has removed
remedies related to suspending,
reducing, or offsetting funding, in
Section 7, as this language is covered in
the ACC(s).
Comment: Some commenters stated
that language in the MTW ACC
Amendment appeared to reflect an
attempt by HUD to protect itself from
future lawsuits similar to ones it has lost
with existing MTW agencies.
HUD Response: As HUD has stated in
the responses to comments on the
Public Housing ACC published
elsewhere in this issue, these changes
were not proposed in response to
litigation, but HUD is aware of litigation
surrounding the ACC. HUD makes clear
in the current version of the ACC that
HUD has never contemplated money
damages for action or inaction by HUD
with respect to the ACC. This is also
true of the MTW ACC Amendment.
Nothing in the revised ACC or MTW
ACC Amendment forecloses avenues for
judicial relief from any HUD action that
is arbitrary, capricious or contrary to
law.
Comment: Some commenters objected
to issuance of the MTW ACC
Amendment through the Paperwork
Reduction Act (‘‘PRA’’) rather than the
notice and comment rulemaking process
required by the Administrative
Procedures Act (the ‘‘APA’’).
Commenters stated that the PRA
standards for public comments do not
satisfy APA requirements.
HUD response: The MTW ACC
Amendment is an information
collection under the definitions in 5
CFR 1320.3(c)(1), which states that a
collection of information may be in any
form or format, including a contract or
an agreement. The ACC is a form with
an OMB form number, therefore, review
and public comment under the PRA are
appropriate.
Contrary to statements made by
commenters, the PRA process does
require solicitation of and response to
public comments (see 5 CFR
1320.5(a)(1)(iii)(F) (requiring ‘‘A
summary of the public comments
received under § 1320.8(d), including
actions taken by the agency in response
to the comments’’). HUD received
public comments from several public
housing industry groups and existing
MTW agencies and is responding to the
issues raised with this notice.

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Dated: November 5, 2019.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.

Moving to Work Amendment to Annual
Contributions Contract(s)
Section 1. This Moving to Work
(MTW) Amendment to the Annual
Contributions Contract(s) (MTW ACC
Amendment) is entered into between
the United States Department of
Housing and Urban Development
(‘‘HUD’’) and lllll (the ‘‘Public
Housing Agency, ‘‘PHA’’).
Section 2. This MTW ACC
Amendment is an amendment to any
Annual Contributions Contract (‘‘ACC’’)
or Annual Contributions Terms and
Conditions (‘‘ACC’’) in effect between
the PHA and HUD for the Public
Housing and Housing Choice Voucher
programs.
Section 3. The ACC is amended in
connection with the PHA’s designation
as a participant in the expansion of the
MTW demonstration pursuant to
Section 239 of the Consolidated
Appropriations Act, 2016, Public Law
114–113; 129 Stat. 2897 (2016 MTW
Expansion Statute) and Section 204 of
the Departments of Veterans Affairs and
Housing and Urban Development and
Independent Agencies Appropriations
Act, 1996, Public Law 104–134; 110
Stat. 1321–281 (1996 MTW statute). The
PHA’s participation in the expansion of
the MTW demonstration shall be
governed by the MTW Operations
Notice for the Expansion of the Moving
to Work Demonstration as it is issued
and may be amended in the future, or
any successor notice issued by HUD,
(‘‘the MTW Operations Notice’’).
Section 4. The term of this
amendment shall be for 20 years from
the beginning of the PHA’s first full
fiscal year following execution by the
PHA and HUD; or, until termination of
this amendment, whichever is sooner.
Section 5. Requirements and
Covenants.
(A) As a participant in the MTW
demonstration, the PHA must operate in
accordance with the express terms and
conditions set forth in the MTW
Operations Notice. The MTW
Operations Notice may be superseded or
amended by HUD at any time during the
twenty-year MTW term.
(B) The PHA will cooperate fully with
HUD and its contractors for the duration
of the HUD-sponsored evaluation of the
cohort of the MTW Expansion for which
the PHA was selected and shall comply
with all aspects of its Cohort Study as
outlined in the selection notice under
which the PHA was designated.

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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
(C) The PHA is exempted from
specific provisions of the Housing Act
of 1937 (‘‘the Act’’) and its
implementing regulations as specified
in the Operations Notice. Each such
exemption also extends to subregulatory
guidance to the extent that the
subregulatory guidance implements the
provisions of the Act or its
implementing regulations exempted
pursuant to the Operations Notice.
Notwithstanding any exemptions
pursuant to this MTW ACC amendment
and the MTW Operations Notice, the
PHA remains subject to all other HUD
Requirements (which include the Public
Housing Requirements), as they may be
amended in the future. Accordingly, if
any HUD Requirement, other than the
exempted provisions of the Act and its
implementing regulatory requirements
or subregulatory guidance, conflicts
with any authorization granted by this
MTW ACC Amendment, the MTW
Agency remains subject to that HUD
Requirement.
Section 6. At least one year prior to
expiration of this MTW ACC
Amendment,1 the PHA shall submit a
transition plan to HUD. It is the PHA’s
responsibility to be able to end all MTW
activities that it has implemented
through its MTW Supplement to the
PHA Plan upon expiration of this MTW
ACC Amendment. The transition plan
shall describe plans for phasing out
such activities. The plan may also
include any proposals of authorizations/
features of the ACC Amendment and the
MTW Operations Notice that the PHA
wishes to continue beyond the
expiration of the MTW ACC
Amendment. The PHA shall specify the
proposed duration and shall provide
justification for extension of such
authorization/features. HUD will review
and respond to timely-submitted
transition plans from the PHA in writing
within 75-days or they are deemed
approved. Only authorizations/features
specifically approved for extension shall
continue beyond the term of the MTW
ACC Amendment. The extended
features shall remain in effect only for
the duration and in the manner
specified in the approved transition
plan and be subject to any necessary
ACC Amendments as required by HUD.
Section 7. Termination and Default.
(A) If the PHA violates or fails to
comply with any requirement or
provision of the ACC, including this
amendment, HUD is authorized to take
any corrective or remedial action
1 Should the PHA receive an extension(s) of its
MTW participation (e.g. by extension or
replacement of its MTW ACC Amendment) the
transition plan will be due one year prior to the end
of the extension(s).

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described in this Section 7 for PHA
default or any other right or remedy
existing under applicable law, or
available at equity. HUD will give the
PHA written notice of any default,
which shall identify with specificity the
measures, which the PHA must take to
cure the default and provide a specific
time frame for the PHA to cure the
default, taking into consideration the
nature of the default. The PHA will have
the opportunity to cure such default
within the specified period after the
date of said notice, or to demonstrate
within 10 days after the date of said
notice, by submitting substantial
evidence satisfactory to HUD, that it is
not in default. However, in cases
involving clear and apparent fraud,
serious criminal behavior, or emergency
conditions that pose an imminent threat
to life, health, or safety, if HUD, in its
sole discretion, determines that
immediate action is necessary it may
institute the remedies under Section
7(B) of this MTW ACC Amendment
without giving the PHA the opportunity
to cure.
(B) If the PHA is in default of this
MTW ACC Amendment and/or the
MTW Operations Notice and the default
has not been cured, HUD may,
undertake any one or all remedies
available by law, including but not
limited to the following:
i. Require additional reporting by the
PHA on the deficient areas and the steps
being taken to address the deficiencies;
ii. Require the PHA to prepare and
follow a HUD-approved schedule of
actions and/or a management plan for
properly completing the activities
approved under this MTW ACC
Amendment;
iii. Suspend the MTW waiver
authorization for the affected activities;
iv. Require reimbursement by the
PHA to HUD for amounts used in
violation of this MTW ACC
Amendment;
v. Terminate this MTW ACC
Amendment and require the PHA to
transition out of MTW;
vi. Restrict a PHA’s ability to use its
MTW funding flexibly; and/or
vii. Take any other corrective or
remedial action legally available.
(C) The PHA may choose to terminate
this MTW ACC Amendment at any time.
Upon HUD’s receipt of written
notification from the PHA and a copy of
a resolution approving termination from
its governing board, termination will be
effective. The PHA will then begin to
transition out of MTW and will work
with HUD to establish an orderly phaseout of MTW activities, consistent with
Section 6 of this MTW ACC
Amendment.

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(D) Nothing contained in this ACC
amendment shall prohibit or limit HUD
from the exercise of any other right or
remedy existing under any ACC or
available under applicable law. HUD’s
exercise or non-exercise of any right or
remedy under this amendment shall not
be construed as a waiver of HUD’s right
to exercise that or any other right or
remedy at any time.
Section 8. Notwithstanding any
provision set forth in this MTW ACC
Amendment, any future law that
conflicts with any provision of this ACC
Amendment, as determined by HUD,
shall not be deemed to be a breach of
this ACC Amendment. Nor shall HUD’s
execution of any future law be deemed
a breach of this ACC Amendment. Any
future laws affecting the PHA’s funding,
even if that future law causes a decrease
in the PHA’s funding, shall not be
deemed a breach of this ACC
Amendment. No future law or HUD’s
execution thereof shall serve as a basis
for a breach of contract claim in any
court.
Section 9. If any clause, or portion of
a clause, in this Agreement is
considered invalid under the rule of
law, it shall be regarded as stricken
while the remainder of this Agreement
shall continue to be in full effect.
In consideration of the foregoing
covenants, the parties do hereby execute
this MTW ACC Amendment:
PHA
lllllllllllllllllll
By: llllllllllllllll
Its: lllllllllllllllll
Date: llllllllllllllll
UNITED STATES DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMENT
lllllllllllllllllll
By: llllllllllllllll
Its: lllllllllllllllll
Date: llllllllllllllll
[FR Doc. 2019–24473 Filed 11–7–19; 8:45 am]
BILLING CODE 4210–67–P

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