30 Day FR

46154

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices

manufactured housing regulations. The
Act authorizes the Secretary to appoint
a total of twenty-two members to the
MHCC. Twenty-one members have
voting rights; the twenty-second
member represents the Secretary and is
a non-voting position. Service on the
MHCC is voluntary. Travel and per
diem for meetings is provided in
accordance with federal travel policy
pursuant to 5 U.S.C. 5703.
HUD seeks highly qualified and
motivated individuals who meet the
requirements set forth in the Act to
serve as voting members of the MHCC
for up to two terms of three years. The
MHCC expects to meet at least one to
two times annually. Meetings may take
place by conference call or in person.
Members of the MHCC undertake
additional work commitments on
subcommittees and task forces regarding
issues under deliberation.
Nominee Selection and Appointment
Members of the Consensus Committee
are appointed to serve in one of three
member categories. Nominees will be
appointed to fill voting member
vacancies in the following categories:
1. Producers—Seven producers or
retailers of manufactured housing.
2. Users—Seven persons representing
consumer interests, such as consumer
organizations, recognized consumer
leaders, and owners who are residents
of manufactured homes.
3. General Interest and Public
Officials—Seven general interest and
public official members.
The Act provides that the Secretary
shall ensure that all interests directly
and materially affected by the work of
the MHCC have the opportunity for fair
and equitable participation without
dominance by any single interest; and
may reject the appointment of any one
or more individuals in order to ensure
that there is not dominance by any
single interest. For purposes of this
determination, dominance is defined as
a position or exercise of dominant
authority, leadership, or influence by
reason of superior leverage, strength, or
representation.
Additional requirements governing
appointment and member service
include:
(1) Nominees appointed to the User
category, and three of the individuals
appointed to the General Interest and
Public Official category shall not have a
significant financial interest in any
segment of the manufactured housing
industry; or a significant relationship to
any person engaged in the manufactured
housing industry.
(2) Each member serving in the User
category shall be subject to a ban

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

disallowing compensation from the
manufactured housing industry during
the period of, and during the one year
following, his or her membership on the
MHCC.
(3) Nominees selected for
appointment to the MHCC shall be
required to provide disclosures and
certifications regarding conflict-ofinterest and eligibility for membership
prior to finalizing an appointment.
All selected nominees will be
required to submit certifications of
eligibility under the foregoing criteria as
a prerequisite to final appointment.
Consensus Committee—Advisory Role
The MHCC’s role is to advise the
Secretary on the subject matter
described above.
Federal Advisory Committee Act
The MHCC is subject to the
requirements of the Federal Advisory
Committee Act (5 U.S.C. Appendix), 41
CFR parts 101–6 and 102–3 (the FACA
Final Rule), and to the Presidential
Memorandum, dated June 18, 2010,
directing all heads of executive
departments and agencies not to make
any new appointments or
reappointments of federally registered
lobbyists to advisory committees and
other boards and commissions. The June
18, 2010, Presidential Memorandum
authorized the Director of the Office of
Management and Budget (OMB) to issue
guidance to implement this policy. On
August 13, 2014 (79 FR 47482), OMB
issued guidance regarding the
prohibition against appointing or reappointing federally registered lobbyists
to clarify that the ban applies to persons
serving on advisory committees, boards,
and commissions in their individual
capacity and does not apply if they are
specifically appointed to represent the
interests of a nongovernmental entity, a
recognizable group of persons or
nongovernmental entities (an industry
sector, labor unions, environmental
groups, etc.), or state or local
governments.
Term of Office
Consensus Committee members serve
at the discretion of the Secretary or for
a three-year term and for up to two
terms.
Nominee Information
Individuals seeking nomination to the
MHCC should submit detailed
information documenting their
qualifications as addressed in the Act
and this Notice. Individuals may
nominate themselves. HUD
recommends that the application form
be accompanied by a resume.

PO 00000

Frm 00088

Fmt 4703

Sfmt 4703

Additional Information
The Department will make
appointments from nominations
submitted in response to this Notice.
However, individuals that applied last
year do not need to re-apply; pursuant
to this notice those applications are on
file and may be considered for future
appointments.
To be considered for appointment to
a position of an MHCC member whose
term expires in December of 2019, the
nomination should be submitted by
August 31, 2020.
Appointments will be made at the
discretion of the Secretary.
Len Wolfson,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner.
[FR Doc. 2020–16656 Filed 7–30–20; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7024–N–30]

30-Day Notice of Proposed Information
Collection: Project Approval for SingleFamily Condominiums; OMB Control
Number: 2502–0610
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:

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: August 31,
2020.
ADDRESSES: 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:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@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.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, US Department of
SUMMARY:

E:\FR\FM\31JYN1.SGM

31JYN1

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices
Housing and Urban Development, 451
7th Street SW, Room 4176, Washington,
DC 20410–5000; telephone (202) 402–
3400 (this is not a toll-free number) or
email at Colette.Pollard@hud.gov.
Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
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. Stakeholders may view the
proposed changes to Form HUD–9991,
FHA Condominium Loan Level/SingleUnit Approval Questionnaire and Form
HUD–9992, FHA Condominium Project
Approval Questionnaire at: https://
www.hud.gov/program_offices/housing/
sfh/SFH_policy_drafts.
A. Overview of Information Collection
Title of Information Collection:
Project Approval for Single-Family
Condominiums.
OMB Approval Number: 2502–0610.
Type of Request Revision of currently
approved collection.
Form Number: HUD–9991, FHA
Condominium Loan Level/Single-Unit
Approval Questionnaire and
Instructions; HUD–9992, FHA
Condominium Project Approval
Questionnaire and Instructions; HUD–
92544, Warranty of Completion of
Construction; HUD–92541, Builder’s
Certification of Plans, Specifications,
and Site; HUD–96029, Condominium
Rider.
Description of the need for the
information and proposed use: This
collection package seeks to renew and
revise two collection forms, Form HUD–
9992, FHA Condominium Project
Approval Questionnaire used to process
condominium project approval
applications and Form HUD–9991 FHA
Condominium Loan Level/Single-Unit
Approval Questionnaire used to process
single-unit approvals. These forms are
needed to determine if a condominium
project is eligible for FHA project
approval and if a Unit in an approved
or unapproved condominium project is
eligible for FHA-insured financing. The
Form HUD–9992, FHA Condominium
Project Approval Questionnaire and the
Form HUD–9991, FHA Condominium
Loan Level/Single-Unit Approval
Questionnaire have been revised to
address comments on the 60-Day
Notice. The HUD–92544, Warranty of
Completion of Construction and HUD–
96029, Condominium Rider were

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

updated to comply with the burden
statement requirements.
Respondents (i.e., affected public):
Business or other for-profit (lenders and
condominium associations).
Estimated Number of Respondents:
180,000.
Estimated Number of Responses:
180,000.
Frequency of Response: One-time for
each condominium project approval or
recertification, and one-time for loan
level approval and Single-Unit
Approval.
Average Hours per Response: .51250
hours (varies by form and approval type:
Project, loan level approval and SingleUnit Approval).
Total Estimated Burdens: 92,250.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information; (3) Ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) Ways to minimize the burden of the
collection of information on those who
are to respond; including through the
use of appropriate automated collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
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.
D. Summary of Public Comments and
HUD Responses
The 60-day Notice was published in
the Federal Register on January 31,
2020 Volume 85, No. 21, Pages 5686
–5687, and the public comment period
closed on March 31, 2020. HUD
received 140 comments from 13
commenters by the close of the public
comment period. Commenters included
individuals, mortgage companies,
banks, trade associations, and mortgage
brokers. The following is a summary of
the issues raised in the public
comments. The comments that pertain
to Forms HUD–9991 and HUD–9992 are

PO 00000

Frm 00089

Fmt 4703

Sfmt 4703

46155

addressed. Then, the comments specific
to each form follow.
Comments on Forms HUD–9991 and
HUD–9992
Comment: All the commenters
requested changes to make it easier to
use the forms and to reduce the amount
of time required for completion.
Suggestions for improvement included
wording clarifications, consolidation of
similar questions, and the elimination of
questions to make the forms shorter and
easier to understand. Several
commenters noted that most
condominium associations are not
familiar with FHA requirements and
requested additional guidance be
provided. In addition, several
commenters requested that the form be
converted into a PDF fillable document
with check boxes that can be changed.
HUD Response: HUD appreciates the
feedback and used a combination of the
suggestions to revise and restructure the
forms. HUD agrees that the
condominium associations and other
non-mortgagee participants may not be
familiar with FHA requirements. The
forms do not specify percentage
benchmarks to make them adaptable to
future policy changes. HUD developed
instructions to explain how questions
should be answered and included
Handbook 4000.1 section references.
Once the content of the forms has been
finalized, the forms will be formatted
and converted to a PDF fillable format
that will allow corrections.
Comment: Many commenters
indicated that requiring the
condominium association to complete
the form and sign the certification
caused significant delays in obtaining
information and increased costs.
Commenters reported that
condominium associations were not
always able to answer all the questions.
Condominium associations have
expressed concern about the
certification and the potential penalties,
often refusing to sign the form.
Commenters also noted increases in the
cost to obtain the information. Some
commenters suggested making the
mortgagee or Submitter solely
responsible for the completion and
certification of the form.
HUD Response: HUD agrees that most
condominium associations are not
familiar with FHA requirements and
understands from the comments that
this often leads to delays in receiving
the information and/or additional costs
to process the forms. HUD has removed
the requirement that the condominium
association must complete the form and
sign the certification for loan-level
approvals and Single-Unit Approvals.

E:\FR\FM\31JYN1.SGM

31JYN1

46156

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices

Mortgagees using the Form HUD–9991
to determine the eligibility of a Unit for
FHA-insured financing will be
responsible for obtaining and certifying
that the information provided is
accurate and meets FHA requirements.
For Condominium Project Approval, a
Submitter is an Eligible Submission
Source (Handbook 4000.1, section II.C.
for Eligible Submission Sources) that
prepares and submits a Condominium
Project Approval application package.
Submitters are responsible for
completing the Form HUD–9992 and
certifying that the FHA Condominium
Project Approval requirements have
been met. HUD also has removed the
requirement that the condominium
association must complete the form and
sign the certification for Condominium
Project Approval unless the
condominium association is the
Submitter. Mortgagees and Submitters
must use information obtained from
verifiable sources including the
condominium association, public
records, or other data sources. HUD
revised the forms and developed
instructions to explain how the
questions should be answered.
Comment: Commenters suggested
HUD consider extending the life of data
collected to reduce the number of times
information must be requested from a
condominium association. A commenter
noted that most of the data on the
questionnaire could be reused for up to
a year.
HUD Response: HUD agrees that the
data collected should have a period of
applicability. HUD will allow data
collected on the questionnaire to be no
more than 90 days old prior to the
questionnaire being signed. This 90-day
period will permit the previously
collected information to be used again
and create more efficiency for the
condominium association staff,
mortgagees and Submitters.
Comment: Most of the commenters
stated that the burden hour estimates for
Forms HUD–9991 and HUD–9992 did
not reflect the amount of time it took to
collect the documentation and fill out
the forms.
HUD Response: HUD agrees that an
overall increase in the burden hour
estimates is warranted for both Forms
HUD–9991 and HUD–9992. In response
to the public comments, HUD revised
both forms to reduce the length,
streamlined the information collection
process and developed instructions. The
burden hour estimate for OMB No.
2502–0610 assumes that many of the
sources of information are typically
used to operate a condominium project
and are accessible to mortgagees and
Submitters. In addition, the Paperwork

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

Reduction Act (PRA) burden hour
estimates for Single-Unit Approval and
Condominium Project Approval allocate
time for the package preparation and
collection of the documents, in
addition, to the estimate for completion
of the forms.
Comment: Many commenters noted
that condominium associations are
reluctant to provide their organization’s
Tax Identification Number and often
refuse to provide it. A commenter
requested that the field requiring the
association tax identification number be
marked as optional.
HUD Response: Many Condominium
Projects have similar names and are
often incorrectly entered into FHA’s
system. The condominium association
tax identification number is required to
establish a unique identifier number.
Collection of this information provides
a way to eliminate duplication and will
help ensure the FHA concentration for
each condominium project is correctly
calculated. While HUD understands that
the tax identification number may not
be available in all situations, FHA
would like to research the situations in
which a tax identification number
would not exist.
Comment: Several commenters
indicated that it is difficult to determine
how many units are owned by a single
entity or related parties for individual
owner concentration. Condominium
associations do not track how
individual Unit owners are related and
cannot provide reliable information to
verify if ‘‘an individual related to the
Unit owner by blood, marriage or
operation of law.’’ A commenter
suggested collecting only information
on units owned by a single owner and
removing the ‘‘Related Parties’’
requirement.
HUD Response: HUD concurs that it
is difficult for condominium
associations to provide this information
and is considering updates to the policy
that will remove the ‘‘Related Parties’’
requirement. It is important to know if
there is one or several owners of
multiple units that could have an
impact on the financial stability of the
project if one or more of the owners
were unable to pay their association
dues.
Comment: Many commenters stated
that the condominium associations are
not able to accurately measure Owner
Occupancy and that the data is difficult
to obtain. One commenter noted that the
reliability and accuracy of owner
occupancy data reduces its usefulness
in assessing the financial and
operational viability of a condominium
project.

PO 00000

Frm 00090

Fmt 4703

Sfmt 4703

HUD Response: HUD has revised the
Owner Occupancy section on both
forms and developed instructions to
explain how the questions should be
answered. Owner Occupancy plays a
vital part in the successful operation of
a condominium association.
Maintaining occupancy records is
something most condominium
associations currently do to successfully
manage their properties. HUD also
understands lenders exercise their
options to gather and verify this
information. HUD finds the information
requested and received to be effective
and useful in the analysis of the
condominium project’s viability
Comment: Many commenters
requested that third party industry
questionnaires be allowed as a
substitute for the Form HUD–9991 or
Form HUD–9992. The commenters
discussed the amount of condominium
project information contained in these
questionnaires and the wide-spread
industry acceptance.
HUD Response: HUD agrees that these
forms seem to provide useful
information about the Condominium
Project and condominium association.
The Handbook 4000.1 lists the Form
HUD–9991 and Form HUD–9992 as
required documentation for many
requirements. The Form HUD–9991 and
HUD–9992 are official HUD forms and
contain HUD’s required certification for
mortgagees and Submitters. Mortgagees
and Submitters are not prohibited from
using these pre-generated forms as a
source of information to complete the
HUD–9991 or HUD–9992 but they
cannot be submitted as a replacement.
HUD needs to further research the thirdparty providers to understand the
information collection and validation
methods before it can determine the role
of industry questionnaires.
Comment: Several commenters
requested the HUD consider automating
the collection of information and
approval for Single-Unit Approval and
Condominium Project Approval.
HUD Response: HUD concurs that
electronic submission would be
advantageous and cost-effective for our
stakeholders. Automating where
possible directly impacts HUD
stakeholders and will make navigating
the condominium approval process
much easier. HUD will review potential
options for future development and
plans to address in the technology plan.
Once funding is available, HUD will
automate as appropriate.
Form HUD–9991 Comments and HUD
Responses
The following comments and HUD
responses pertain to Form HUD–9991.

E:\FR\FM\31JYN1.SGM

31JYN1

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices
As previously noted, many of the
commenters requested changes to Form
HUD–9991 to simplify the process of
completing the form to make it more
user-friendly and less burdensome to
complete. Suggestions included
revising, eliminating, and consolidating
questions to shorten the questionnaire.
HUD appreciated the suggestions and
used many of them to restructure the
questionnaire.
Comment: HUD–9991, Section 2.a,
Condominium Project, includes a field
requesting the FHA Condo-ID Number.
A commenter suggested adding a
parenthetical ‘‘(if applicable)’’ since the
form is used for units in condominium
projects that are not approved and may
not have an FHA Condo ID.
HUD Response: HUD has revised the
Form HUD–9991 and developed
instructions to explain how the
questions should be answered. The FHA
Condo ID number was moved to the
Mortgagee Section. For Single-Unit
Approval, an FHA case number may be
requested without the submission of
this form. It is the lender’s
responsibility to enter the FHA Condo
ID number prior to submitting the form
in the FHA case binder. If the Unit is in
a Condominium Project that is not
currently approved but has an FHA
Condo ID, the lender will have to
provide the FHA Condo ID when the
FHA case number is requested.
Comment: A commenter noted that
the Form HUD–9991 was not listed in
the required documentation.
HUD Response: On October 24, 2019,
Handbook 4000.1, Section II.A.8.p was
updated to require Form HUD–9991 as
required documentation. Mortgagees
were permitted to use the Form HUD–
9991 on the original effective date of
October 15, 2019 and required to use it
for case numbers assigned on or after
January 2, 2020.
Comment: Commenters noted various
questions in Sections 3 and 4 that
condominium associations would not be
able to answer because they did not
understand FHA requirements.
HUD Response: HUD has reviewed
the comments and revised Sections 3
and 4 of Form HUD–9991. The
instructions provide additional
guidance and explain how the questions
should be answered. To accommodate
future policy changes, the Form HUD–
9991 does not cite specific percentage
requirements. The mortgagee must refer
to Handbook 4000.1 for the FHA
requirements. The mortgagee is required
to complete the form using information
obtained from verifiable sources
including the condominium association,
public records, or other data sources,
and certify it meets FHA requirements.

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

Comment: Several commenters
requested using a simpler form on a
loan level basis when a condominium
project has been approved by FHA.
HUD Response: HUD restructured
Form HUD–9991 and simplified the
process of completing the form. Sections
1 through 3 must be completed for both
Loan Level (Units in an approved
Condominium Project) and Single-Unit
Approval (Units in a Condominium
Project that is not approved). Sections 1
through 4 must be completed for a Unit
located in a Condominium Project that
has not been approved. Form HUD–
9991 is required documentation and
must be included in the case binder
along with all other required
documentation as outlined in HUD
Handbook 4000.1, FHA Single Family
Housing Policy Handbook (Handbook
4000.1). Completion of this form is not
required for the case number assignment
process.
Comment: One commenter noted
obtaining a new single unit approval
takes the same level of effort as
obtaining Condominium Project
Approval. The commenter also noted
that ‘‘it creates an additional hurdle for
the homeowner to financially qualify.’’
HUD Response: The Single Unit
Approval program is not a replacement
for full Condominium Project approval.
HUD has developed this program to
provide increased access to FHAinsured financing for the borrowers and
limit risk to the FHA Insurance Fund.
Form-9991 is substantially shorter than
Form-9992 (required for Full Approval)
and requires much less documentation.
HUD is hopeful that the commenters
will be pleased with the recent changes
made based on comments received. The
Form HUD–9991 has been reduced by
an additional two pages, has
instructions, and only requires the
mortgagee to complete now.
Comment: Commenter requested that
FHA should highlight the circumstances
in which recorded documents are not
required.
HUD Response: HUD has revised the
Form HUD–9991 and developed
instructions to explain how the
questions should be answered. The
instructions identify when recorded
governing documents would not be
required.
Comment: One commenter
recommended including a reference to
the October 21, 2019, Memorandum of
Understanding Between the Department
of Housing and Urban Development and
the Department of Justice concerning
False Claims Act civil actions to convey
the actual extent of False Claims Act
liability incurred by form certification.
The commenter noted that the

PO 00000

Frm 00091

Fmt 4703

Sfmt 4703

46157

information ‘‘should meet plain English
requirements for clarity and be
understandable by community
association professionals outside of the
legal profession.’’
HUD Response: HUD does not think
the inclusion of a reference to the
Memorandum is necessary. HUD has
revised the Form HUD–9991 and
developed instructions to explain how
the questions should be answered. The
certification language is consistent with
other OMB HUD approved forms. The
requirement for the condominium
association to certify has been removed,
and Form HUD–9991 must be
completed by the Mortgagee. HUD
expects the mortgagee to collect the
information from reliable and verifiable
sources.
Comment: One commenter
recommended changing the Litigation
question to include ‘‘pending’’ in the
question to add more clarity.
HUD Response: HUD concurs and has
amended Section 4.e.1 in the
questionnaire to include ‘‘pending’’ in
the question.
Comment: Several commenters
indicated the question regarding adverse
determination for the condominium
project is confusing to condominium
associations.
HUD Response: HUD agrees that the
current phrasing may be confusing to
the respondent and removed the
question.
Comment: Many commenters noted
that the estimated burden for the HUD–
9991 was too low and identified the
requirement for the condominium
association to complete the form and
certify; the lack of instructions; and
questions needing clarification.
HUD Response: HUD increased the
estimated burden hours for the Form
HUD–9991 by 15 minutes. The Form
HUD–9991 revisions included:
Streamlining the form; developing
instructions to explain how the
questions should be answered;
removing the requirement for the
condominium association to complete
the form and certify; and making the
mortgagee solely responsible for
completion of the form. HUD assumes
that many of the sources of information
are typically used in the operation of a
condominium project and are accessible
to mortgagees. The amount of time to
complete the Form HUD–9991 for a Unit
in an approved condominium project is
significantly less than the amount of
time it takes to complete the form for a
Unit in a non-FHA-approved project
(Single-Unit Approval). FHA will allow
data collected on the questionnaire to be
no more than 90 days old prior to the
questionnaire being signed. This 90 day

E:\FR\FM\31JYN1.SGM

31JYN1

46158

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices

period will permit information
previously collected to be used again,
and allow for a more efficient use of
time, both for the staff of the
condominium association and
mortgagee by reducing burden hours.
HUD expects the mortgagee to collect
the information from reliable and
verifiable sources.
HUD–9992 Comments and HUD
Responses
HUD has made significant changes
and streamlined Form HUD–9992 in
response to the public comments
received on the 60-Day Notice. To
reduce duplication, Section 3: Project
Eligibility and Section 4: Eligibility
Worksheet for Condominium Project
Approval have been consolidated. The
project eligibility questions have been
structured and, in some cases, removed
to reduce the information collected. The
first question of each section has been
revised to determine if additional
information is required or to direct the
respondent to the next section. An N/A
box also has been added where
applicable. HUD also developed
instructions to explain how questions
should be answered with a Handbook
4000.1 reference. The form does not
specify percentage benchmarks to make
it adaptable to future policy changes.
HUD concurs that the condominium
associations may not understand
questions that do not specify the
requirement. HUD removed the Form
HUD–9992 completion and certification
requirements for the condominium
association unless the condominium
association is the Submitter. The
Submitter will be responsible for
determining if the Condominium Project
complies with Condominium Project
Approval eligibility requirements and
must use information obtained from
reliable and verifiable sources including
the Condominium Association, public
records, or other data sources. Data that
has been obtained within the past 90
days of the signature on the HUD–9992
for an approved condominium project
can be used again. The Form HUD–9991
is designed to confirm continued
eligibility of the Unit and Condominium
Project with FHA requirements and this
reduces the burden of completing the
Form HUD–9991 for Units in FHAapproved condominium projects.
Comment: Several commenters
requested clarification on how to
complete Section 1: Mortgagee/
Submitter and offered suggestions on
the Mortgagee/Submitter information
that should be collected.
HUD Response: HUD restructured
Section 1: Mortgagee/Submitter
Information and consolidated 1.b.

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

Mortgagee Information and 1.c
Submitter Information. In the updated
form, 1.b. Submitter Information allows
a variety of respondents to complete the
form. The HUD–9992 instructions
explain how the questions should be
answered and contain Handbook 4000.1
references.
Comment: A commenter noted that
the form should clarify if the submitter
is not a mortgagee using the DELRAP
process, then the submitter is not
obligated to fill out Section 1.b. Right
now, it is not clear whether a submitter
using the HRAP process is supposed to
leave Section 1.b blank. This confusion
would be eliminated if there were
separate forms for the DELRAP and
HRAP processes.
HUD Response: HUD revised Section
1: Mortgagee/Submitter of the Form
HUD–9992 and developed instructions
to explain how the organizational
information should be provided. Section
1.b Mortgagee was deleted and replaced
with 1.b. Submitter. The Submitter
preparing the approval package should
complete the Form HUD–9992.
According to Handbook 4000.1, Section
II.C.2.c.i. i. Form HUD–9992, FHA
Condominium Project Approval
Questionnaire, the ‘‘Form HUD–9992
must be completed, signed, and dated
by an Eligible Submission Source or a
DELRAP Mortgagee’’). The same
requirements apply to Condominium
Projects seeking approval under HRAP
and DELRAP and the Form HUD–9992
is listed as required documentation for
many FHA Condominium Project
Approval requirements. At this time,
HUD has no plans to create separate
forms for HRAP and DELRAP
submissions but will take this into
consideration for the future.
Comment: In Section 2:
Condominium Project Information, a
commenter suggested adding ‘‘(if
applicable)’’ to the FHA Condo-ID
Number in Section 2.a since, the HUD–
9992 is used with both approved
condominium projects and projects
seeking approval.
HUD Response: HUD agrees that not
all condominium projects will have
FHA Condominium Project Approval.
The phrase ‘‘(if applicable)’’ was not
added to the Form HUD–9992 because
the instructions note that the FHA
Condo-ID Number should be provided if
one exists.
Comment: There were many
comments on how to make the
questions in Section 3.a Project
Eligibility more user-friendly. One
commenter noted that a third column
for ‘‘unknown,’’ should be added and
suggested removing 3.a.3. because the
condominium associations did not

PO 00000

Frm 00092

Fmt 4703

Sfmt 4703

understand mandatory rental pooling
agreements. A commenter indicated the
question 3.a.9 regarding adverse
determination for the condominium
project is confusing to condominium
associations and should be deleted.
HUD Response: HUD agrees that some
of the FHA requirements may be
difficult to understand without the
Handbook 4000.1 guidance. HUD
removed the project eligibility questions
3.a.1.–3.a.9. from the HUD–9992 to
streamline the form and because it is the
responsibility of the Submitter to
determine if a condominium project
complies with all the FHA
condominium project eligibility and
approval requirements. The Submitter
must use information obtained from
verifiable sources including the
condominium association, public
records, or other data sources to
complete the HUD–9992 and to confirm
compliance with the requirements.
Comment: Questions 3.c.3 through
3.c.9 request information about the
status of the Legal Phases. A commenter
noted that Section 3.c.3 through 3.c.9
should include an additional response
column labeled ‘‘Unknown.’’ Another
commenter suggested that 3.c.6 and
3.c.9 should be combined because the
information requested is redundant.
HUD Response: HUD consolidated the
Legal Phasing Sections 3.c. and 4.a and
restructured how the information is
collected. HUD needs to know the
number of phases and related units that
have been submitted for condominium
project approval. HUD added an N/A
check box the Legal Phasing section and
structured the first question to
determine if the respondent should
provide more information or move to
the next section. HUD also developed
instructions to explain how the
questions should be answered and to
provide a reference to Handbook 4000.1.
Comment: A commenter noted that
Sections 3.c and 4.a. ‘‘pertain to proof
of legal phasing and the request that the
submitter provide a certificate of
occupancy (CO) or ‘‘their equivalent.’’
The commenter also noted that ‘‘FHA
does not provide guidance on what
documentation is an acceptable
‘‘equivalent.’’ The commenter noted
they typically submit the recorded
amendment to the condominium
instruments adding phases and that a
certificate of occupancy requirement is
better suited for newly constructed
projects only. Another commenter
suggested that the recorded declarations
be added to the list of required
documentation.
HUD Response: Questions 3.c. and 4.a
collect information to determine if the
Condominium Project and its Legal

E:\FR\FM\31JYN1.SGM

31JYN1

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices
Phases comply with FHA requirements,
which are written to apply to a broad
array of laws throughout the United
States and U.S. territories. The purpose
of the ‘‘Certificate of Occupancy’’ or its
‘‘equivalent’’ is to demonstrate that all
the units within the phase are built out
and are ready for occupancy. HUD is
open to other types of documentation
that demonstrate the condominium
project and legal phase(s) comply with
FHA requirements. HUD will consider
adding the recorded amendment
annexing a phase to the required
documentation in future updates.
Comment: Question 4.a.5 asks about
the independently sustainability of
Legal Phases. A commenter
recommended that the Condominium
Association answer this question
instead of the Submitter.
HUD Response: HUD expects the
Submitter to be able to determine if the
completed Legal Phases are
independently sustainable without
future planned Legal Phases, as
demonstrated by the budget and
financial documentation, such that the
submitted Legal Phases of the
Condominium Project will not be
jeopardized by the failure to complete
additional Legal Phases. While the
Condominium Association can provide
its perspective, the Submitter should
make the determination. The Submitter
is responsible for determining if the
Condominium Project complies with
FHA eligibility Condominium Project
Approval requirements and must use
information obtained from verifiable
sources including the Condominium
Association, public records, or other
data sources to complete the HUD–9992.
Comment: Several commenters noted
similar questions in Section 3: Project
Eligibility and Section 4: Eligibility
Worksheet for Condominium Project
Approval should be consolidated to
make the form more user-friendly and to
reduce the possibility of errors. A
commenter noted that Sections 3.e and
4.e. relate to the individual owner
concentration and should be
consolidated. Another commenter noted
that Sections 3.d.2. and 4.c.1 pertain to
the project’s owner-occupancy rate and
should be consolidated. A final
commenter noted that Section 3.j.1
should be amended to include
information asked in Section 4.l.5,
‘‘could legal action impact the future
solvency of the Condominium
Association?’’
HUD Response: HUD agrees and
combined Sections 3 and 4 to streamline
the Form HUD–9992. The data
collection and eligibility determination
for individual owner concentration,
owner occupancy and litigation have

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

been consolidated into the same section.
HUD developed instructions to explain
how the questions should be answered.
Comment: Signature Pages. The Draft
Form HUD–9992 requires the submitter
to sign and date the form in 2 places, on
pages 6 and 10. This seems unnecessary.
The form should be consolidated so that
the submitter only has sign in one place,
as was the case the prior 2-page FHA
Condominium Certification Checklist.
HUD Response: HUD has revised the
Form HUD–9992 and only the
Submitter’s signature is required.
Comment: A commenter noted that
Question 3.d.3.a.ii New Construction,
Non-owner occupied Units in the HUD–
9992 published with the 60-Day Notice
should be eliminated because it is not
possible to know if future transactions
will be owner-occupied or not.
HUD Response: This question is
asking for the number of owneroccupied units at a particular point in
time and the non-owner-occupied units
are equal to the difference between the
total units and owner-occupied units.
HUD based the categories of owneroccupancy in the Final Condominium
Rule upon the Housing Opportunity
Through Modernization Act of 2016
(HOTMA) requirements as directed by
Congress. The question cannot be
eliminated.
Comment: A commenter requested
clarification regarding an owner
concentration that is between 35% and
50% where a project meets the 10%
delinquency requirement as to whether
the submitter must also provide 3 years’
worth of financial data and demonstrate
20% reserve funding, as provided for
under Mortgagee Letter 2016–15, or if
these requirements are now eliminated.
HUD Response: HUD thinks the
reference to the FHA Single-Family
Handbook 4000.1 is the comprehensive
source of FHA condominium policy and
Mortgagee Letter 2016–15 was
superseded by Handbook 4000.1
published on August 14, 2019. For
Condominium Project Approval, a
Condominium Project with an owner
occupancy percentage between 35% and
50% must meet the requirements in
Handbook 4000.1, Section II.C.2.c.iv(c)
Existing Construction Condominium
Projects that are greater than 12 months
old.
Comment: A commenter requested
guidance on determining the reserve
account balance for Question 3.f.1 in
Section 3.f. Financial Stability. The
commenter wanted to know if the
balance sheet or another document
should be used.
HUD Response: The Handbook 4000.1
lists the required financial
documentation. The Submitter is

PO 00000

Frm 00093

Fmt 4703

Sfmt 4703

46159

responsible for determining the reserve
account balance meets FHA
requirements and is being funded in
accordance with FHA requirements.
Comment: A commenter noted that
many of the questions assume that the
Homeowners Associations (HOA’s)
know HUD’s guidelines. As an example,
the commenter referenced Question
3.f.2 ‘‘Is the reserve account funded as
required by FHA?’’ The commenter
noted that not understanding FHA
requirements makes the HOAs leery
about answering many of the questions.
HUD Response: HUD concurs that the
condominium associations may not
understand questions that do not
specify the requirement. HUD has
revised the Form HUD–9992 and
developed instructions, which explain
how the questions should be answered
and include Handbook 4000.1
references. The form does not specify
percentage benchmarks to make it
adaptable to future policy changes. HUD
removed the Form HUD–9992
completion and certification
requirements for condominium
associations, which should make them
feel more comfortable providing
information to the Submitter. HUD
expects the Submitter to know the
requirements and to determine if the
condominium project complies with
FHA requirements.
Comment: A commenter asked if
‘‘old’’ delinquencies associated with
prior owners should be included in the
Unit in Arrears calculation in Question
3.f.5.
HUD Response: The Handbook 4000.1
guidance for Units in Arrears pertains to
the current owners. If there are
outstanding delinquencies from prior
unit owners, they should be noted in the
financial documentation if they pose a
financial threat to the condominium
project.
Comment: A commenter noted that
Question 3.f.6. on the draft Form does
not accommodate condominium
projects that have units with different
assessment amounts based on the unit
size or common element interest of the
units.
HUD Response: HUD agrees that the
HUD–9992 structure does not allow for
entry of a range of assessments. The
form requests the annual amount of
condominium assessments. If it will
have a bearing on the condominium
project’s performance, the Submitter
should address it in the condominium
project approval package.
Comment: A commenter noted that
Section 3.l. Subsections 3.h through 3.k
are unclear as to whether any box needs
to be checked off if these sections do not
apply. In general, it is unclear which

E:\FR\FM\31JYN1.SGM

31JYN1

46160

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices

boxes needed to be checked off if the
subsection is inapplicable.
HUD Response: HUD revised the
Form HUD–9992 and developed
instructions to explain how the
questions should be answered. To
minimize the number of questions a
respondent must answer the first
question to determine if more
information is required or to indicate
the next required response. An N/A
check box has been added to many of
the sections including the Commercial,
Live/Work and Leasehold sections
referenced by the commenter.
Comment: For question 4.d.1., the
commenter requested clarification that
the specific documentation being
reviewed to verify the requirement and
on how to demonstrate that the project
has had a stable income over the past
two years with decreases that do not
exceed FHA’s percentage of 15%. The
commenter noted that if the budget
income from the previous year to the
current year, the regulations need to be
updated to request previous year’s
budget. Currently, only the current year
budget is requested.
HUD Response: HUD will consider
updates to the Handbook 4000.1 that
will require the financial documentation
for the past two years. Both the income
and expense statement and the budget
can be used to provide information on
a Condominium Project’s financial
condition and the stability. The
reviewer can also use the year-to-date to
develop income projections for
comparison with last year’s statements
to determine that the income did not
decrease more than 15%.
Comment: A commenter also
requested clarification on the
requirements in Section 4.d.1 for new
construction and asked for confirmation
that if the operating income has not
been in place for two years, a
demonstration that the Project has not
shown any decrease in income would
suffice.’’
HUD Response: HUD agrees with the
approach and is considering updated
guidance in the Handbook 4000.1 that
will link the required financial
condition documentation to the length
of time the Condominium Project has
been operating.
Comment: Questions 4.d.3 through
4.d.6 relate to the reserve account
funding. A commenter noted that
Questions 4.d.3 and 4.d.4. appear to be
asking the same question. The
commenter recommended revising
Question 4.d.3 to read ‘‘Does the
Condominium budget demonstrate that
at least 10% of the total annual
assessment is being allocated toward
reserve funding as required by FHA? If

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

the answer is ‘‘No’’, answer questions
4.d.5 and 4.d.6.’’
HUD: HUD concurs and revised the
Financial Stability and Controls section
in response to several comments
received. The Submitter needs to
confirm that the balance in the reserve
account meets the FHA requirement and
demonstrate that the reserve fund that is
being funded consistently.
Comment: Section 4.d.5 also pertains
to reserve funding. The commenter
suggested rewording the question to
make it clear when a reserve study must
be reviewed to demonstrate the reserve
account is funded as required. The
commenter also requested guidance on
the financial documentation that should
be evaluated in conjunction with the
reserve study.
HUD Response: In response to
comments, HUD streamlined Form
HUD–9992 and revised the reserve
account balance questions to make it
clear that if the reserve account balance
is less than FHA’s requirement and/or
the reserve account is not being funded
in accordance with FHA requirements,
an acceptable reserve study is required.
The funding and/or expenditures must
be consistent with the reserve study
recommendations for approval.
Comment: The commenter noted that
Question 4.k.3. seems to inquire about
whether the management contract can
be terminated upon no more than 90
days’ notice only if the management
contract was entered into during the
developer control period. However,
Single Family Housing Policy Handbook
4000.1 states that the management
contract, regardless of when it was
entered into, must be terminable upon
no more than 90 days’ written notice.
The commenter noted that there is no
place on Form HUD–9992 to provide
this information for a current
management contract that was not
entered into during the developer
control period. The commenter also
indicated that Handbook 4000.1 is not
clear on whether a project is ineligible
solely because the management contract
is not terminable upon no more than 90
days’ notice. The commenter indicated
that the public could also use clarity on
whether the management contract
termination provision must be with or
without cause and whether an early
termination penalty is permissible or
not.
HUD Response: In response to the
comments, HUD streamlined and
revised the Form HUD–9992. HUD
concurs that grouping the management
contract with the other contracts on the
HUD–9992 could be confusing to the
respondent. If there is a management
company, Handbook 4000.1 requires the

PO 00000

Frm 00094

Fmt 4703

Sfmt 4703

management agreement to have a
provision giving the Condominium
Association the right to terminate the
Management Agreement with no more
than 90 Days’ notice. Handbook 4000.1
also requires that a current management
agreement must be submitted. It is the
Condominium Association’s
responsibility to determine if the
termination provision should be ‘‘with
or without cause.’’ FHA requirements
must be met for a condominium project
to be eligible for approval.
Comment: The commenter noted that
in their practice, some condominium
associations have cross-easements for
shared recreational facility use.
HUD Comment: This comment seems
to be a request for a policy
interpretation regarding cross-easements
for a shared recreational facility. If there
is a specific case, HUD will review it.
HUD will research to determine if
additional guidance should be
considered for future policy updates.
Comment: The commenter noted that
Sections 4.k.4 through 6. inquire as to
whether there are any recreational
easements or leases. The commenter
also noted that ‘‘Under Single Family
Housing Policy Handbook 4000.1, a
project with recreational easements or
leases is eligible for approval if either
the lease or easement holder is a
nonprofit entity under the control of the
condominium association or if each unit
owner has the right to cancel the
membership with no more than 90 days’
notice and without penalty. However,
these sections are written as if the
project has to satisfy both prongs in
order to be eligible. The commenter
asked for clarification on the
requirements that must be satisfied to be
eligible.
HUD Response: The leasehold
questions in Form HUD–9992 have been
reworded. The commenter’s
interpretation of the Handbook 4000.1
guidance is correct. It must be a
nonprofit or any entity that gives the
unit owners the right to cancel the
membership with no more than 90 days’
notice and without penalty. Handbook
4000.1 always takes precedence.
Comment: Section 4.l.5 asks about the
impact of any legal action on the
solvency of the condominium
association. The commenter noted that
the question is too broad and should be
removed.
HUD Response: The Form HUD–9992
has been revised in response to
comments. The questions pertaining to
litigation have been consolidated and
restructured. Understanding whether a
current legal action could affect the
financial stability of the project and if
the Condominium Project or

E:\FR\FM\31JYN1.SGM

31JYN1

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices
Condominium Association is facing any
other type of litigation risk is important.
Question 4.l.5 has been revised. If the
litigation is at a point, where a
settlement has been determined, it is
important to understand if the funds
allocated for any required repairs are
sufficient to cover the costs. If there is
a gap, and how the condominium
association plans to finish the repairs.
Comment: A commenter noted that
Section 4.l. Subsections 8 through 10
seem to only apply if the litigation has
to do with structural issues and
requested clarification on how to note
litigation related for something else.
Another commenter noted that Section
4.l.9 and Section 4.l.10, which pertain
to whether repairs have started should
be properly indented for clarity.
HUD Response: The Form HUD–9992
has been revised in response to
comments and the questions pertaining
to litigation have been consolidated.
HUD thinks the questions are broad
enough to capture all types of pending
and/or current litigation. Submitters are
asked to indicate if the Condominium
Project or Condominium Association is
subject to any pending Litigation and to
provide a signed and dated explanation
if yes. The Submitter should respond no
to the questions that do not apply. The
questions have been revised and the
dependent questions are noted in the
preceding question(s) and the
Instructions.
Comment: The commenter noted
Section 4.l.11 is too broad and should
be removed. Section 4.l.11 asks if the
Condominium Project or Condominium
Association are subject to any other
Litigation risk not covered by insurance
or that exceeds the amount of insurance
coverage relating to the potential losses
for that matter.
HUD Response: The Form HUD–9992
has been revised in response to
comments and the questions pertaining
to litigation have been consolidated.
Understanding whether the
Condominium Project or Condominium
Association are facing any other type of
litigation risk is important. If the
litigation is at a point, where a
settlement has been determined, it is
important to understand if the funds
allocated for any required repairs are
sufficient to cover the costs. If there is
a gap or potential gap understanding if
there is a plan to address any
anticipated shortfall is important.
Comment: The estimated reporting
burden to complete HUD Form–9992 is
60 minutes per respondent. During the
estimated 60 minutes, a respondent is
expected to read and comprehend form
instructions, conduct research to gather
and document required information,

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

complete the form, and review the form
for submission accuracy. The estimated
reporting burden for HUD Form–9991
for these same activities is 45 minutes
HUD Response: HUD increased the
burden hours for the Form HUD–9992 to
account for changes to the form and the
addition of instructions. The Form
HUD–9992 has been shortened from 13
to 8 pages and the requirement for the
condominium association to complete a
portion of the questionnaire has been
removed. The burden estimate for
condominium project approval included
1 hour for condominium package
preparation and 1 hour to complete
Form HUD–9992. The new burden
estimate for the Form HUD–9992 is 1.5
hours. HUD recognizes that many
condominium associations are not
familiar with the FHA Condominium
Project Approval guidelines and
terminology. The Submitter is
responsible for collecting information
from verifiable sources and confirming
the Condominium Project complies with
FHA Condominium Project Approval
requirements. The burden hour estimate
assumes that most of the information
required to complete the form is used
while operating the condominium
project. HUD understands from the
comments that the certification has an
impact on the cost and completion time
for condominium associations. To
reduce the number of questions that
must be answered, the first question of
each section has structured to determine
if more information is needed and to
direct the respondent to the next
question to answer. In addition, ‘‘Not
Applicable’’ (N/A) checkboxes have
been added throughout the Form HUD–
9992 where appropriate.
Comment: The commenter indicated
that requiring the HUD–9991 to be
submitted on each individual loan in an
FHA-approved condominium project
after going through the condominium
project approval process and completing
the HUD–9992 is not efficient.
HUD response: HUD has eliminated
the required documents sections from
form 9991 to streamline completion on
the form. While the ‘‘required
documents’’ section is no longer part of
the form, the mortgagee will still be
responsible for submission of the
required docs as applicable. Form HUD–
9991 is now 4 pages, includes
instructions, and is now only required
to be completed by the mortgagee.
Streamlining this form should reduce
the burden of completing the form. The
Form HUD–9992 is part of the FHA
Condominium Project Approval
package, which is used to determine the
Condominium Project’s compliance
with FHA requirements for project

PO 00000

Frm 00095

Fmt 4703

Sfmt 4703

46161

approval. The Form HUD–9991 is used
to determine the continued eligibility of
a Unit for FHA-insured financing. HUD
has reduced the information collected
on both the Form HUD–9992 and the
Form HUD–9991. In addition, HUD
extended the period that data collected
is valid to 90 days and removed the
requirement that the condominium
association complete the form. A
mortgagee can submit both forms using
the same data.
Comment: Several commenters noted
the recertification requirements seemed
as burdensome as initial certification. A
commenter noted that requiring the use
of one form to apply for project approval
and project recertification imposes an
equal burden for condominium project
approval and project recertification.
Several commenters requested the short
form questionnaire or checklist be
developed for recertification. A
commenter noted that it is very timeconsuming to complete the Form HUD–
9992 when many of the sections do not
apply. Another commenter asked for
clarification on the recertification
requirements for recorded legal
documents.
HUD Response: HUD has streamlined
the information collection process for
Condominium Project Approval
certification and recertification. The
extension of certification from two to
three years reduces the frequency of the
recertification. HUD expects the
additional revisions to the form and to
the structure of the questions to lower
the number of responses required for
most Condominium Projects seeking
recertification. Form HUD–9992 collects
critical information about the financial
and operating status of the
Condominium Project. For each section
of the Form HUD–9992, the Submitter
will answer the question to determine if
additional information is required or
move to the next question. In addition,
N/A boxes have been incorporated
throughout Form HUD–9992, which
allow the respondent to bypass sections
that do not apply. Condominium
Projects are not required to submit the
governing and legal documents for
recertification unless there have been
amendments. To assist respondents, a
question has been added to the form to
determine if the legal documents have
been amended since the last FHA
approval. Some projects will be able to
complete recertification easily, while
condominium projects with more
features or recently completed Legal
Phases will take more effort. The Form
HUD–9992 is required. At this time,
HUD does not have plans to create a
separate form for recertification but will
take this into consideration in the

E:\FR\FM\31JYN1.SGM

31JYN1

46162

Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices

future. HUD is developing a checklist
that shows the required documentation
for Full Approval, Recertification and
Legal Phasing. In addition, the
instructions address recertification and
include a reference to the Recertification
Review in Handbook 4000.1, Section
II.C.3.

(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.

Dated: July 20, 2020.
Anna Guido,
Department Reports Management Officer,
Office of the Chief Information Officer.

DATES:

BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7024–N–33]

30-Day Notice of Proposed Information
Collection: Federal Labor Standards
Questionnaire(s); Complaint Intake
Form 0MB Control No. 2501–0018
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:

HUD is seeking approval from
the Office of Management and Budget

SUMMARY:

Number of
respondents

HUD–4730 Federal
Labor Standards
Questionnaire ...........
HUD–4730SP
Cuestionario De
Esta´ndares
Federales De Trabajo
HUD–4731 Compliant
Intact Form ...............
Total ......................

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:
HUD Desk Officer, Office 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:
Anna P. Guido, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email her at
Anna.P.Guido@hud.gov or telephone
202–402–5535. This is not a toll-free
number. Person with hearing or speech
impairments may access this number
through TTY by calling the toll-free
ADDRESSES:

[FR Doc. 2020–16588 Filed 7–30–20; 8:45 am]

Information collection

Comments Due Date: August 31,

2020.

Frequency
of
response

Responses
per annum

Burden
hour per
response

Federal Relay Service at (800) 877–8339.
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.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on January 6, 2020
at 85 FR 524.
A. Overview of Information Collection
Title of Information Collection:
Federal Labor Standards
Questionnaire(s); Complaint Intake
Form.
OMB Approval Number: 2501–0018.
Type of Request: Reinstatement.
Form Number: HUD FORM 4730,
4730 SP, 4731.
Description of the need for the
information and proposed use: The
information is used by HUD to fulfill its
obligation to enforce Federal labor
standards provisions, especially to act
upon allegations of labor standards
violations.
Annual
burden

Hourly
cost per
response

Annual
cost

1,500.00

1.00

1,500.00

.50

750.00

$43.71

$32,782.50

500.00

1.00

500.00

.50

250.00

43.71

10,927.50

500.00

1.00

500.00

.50

250.00

43.71

10,927.50

........................

........................

2,500.00

........................

1,250.00

4371

54,637.50

* Estimated cost per hour (based on GS–13, Step 1 rate) for contract monitors to compare formation collected to certified payroll reports (includes time required records retention). The Form HUD–4730E, On-Line Employee Questionnaire will be eliminated, as it asked the same questions as the 4730. HUD determined that removing this form will have no impact on enforcement of the law.

B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and

VerDate Sep<11>2014

18:33 Jul 30, 2020

Jkt 250001

(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.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Anna P. Guido,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2020–16641 Filed 7–30–20; 8:45 am]
BILLING CODE 4210–67–P

PO 00000

Frm 00096

Fmt 4703

Sfmt 4703

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7024–N–31]

30-Day Notice of Proposed Information
Collection: Office of Lead Hazard
Control and Healthy Homes
‘‘Requirements for Notification,
Evaluation and Reduction of LeadBased Paint Hazards in FederallyOwned Residential Properties and
Housing Receiving Federal
Assistance’’ OMB Control No. #2539–
0009
Office of the Chief Information
Officer, HUD.

AGENCY:

E:\FR\FM\31JYN1.SGM

31JYN1