2022-26452. 60-Day Notice of Proposed Information Collection: Section 8 Renewal Policy Guidebook

AGENCY:

Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

ACTION:

Notice.

SUMMARY:

HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

DATES:

Comments Due Date: February 6, 2023.

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, REE, 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. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech and communication disabilities. To learn more about how to make an accessible telephone call, please visit Start Printed Page 74652 https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

FOR FURTHER INFORMATION CONTACT:

Colette Pollard, Reports Management Officer, REE, 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. This is not a toll-free number. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech and communication disabilities. To learn more about how to make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

A. Overview of Information Collection

Title of information collection: Section 8 Renewal Policy Guidebook.

OMB approval number: 2502-0587.

OMB expiration date: November 30, 2020.

Type of request: Reinstatement, with change, of previously approved collection for which approval has expired.

Form numbers:

1. Housing Assistance Payments Contract: HUD-52522a; HUD-52522b

2. Assignment, Assumption, and Amendment of Section 8 Housing Assistance Payments (HAP) Contract: HUD-5988 (new)

3. Use Agreement: HUD-90055

4. Rent Comparability Grid: HUD-92273-S8

5. Project-Based Section 8 Housing Assistance Payments: Addendum to Renewal Contract Under Option One or Option Two for Capital Repairs and/or Acquisition Costs: HUD-93181

6. Project-Based Section 8 Housing Assistance Payments: Addendum to Renewal Contract Under Option One or Option Two for Capital Repairs and/or Acquisition—Post-Rehabilitation Rents at Closing: HUD-93182

7. Rider to Original Section 8 Housing Assistance Payments Contract: HUD-93184

8. Amendment to Project-Based Section 8 Housing Assistance Payments Contract Pursuant to Section 8(bb)(1) of the United States Housing Act of 1937: HUD-93185a; HUD-93185b

9. Contract Renewal Request Form: HUD-9624

10. OCAF Rent Adjustment Worksheet: HUD-9625

11. Letters to Owners/Agents: HUD-9626

12. Letters to Owners/Agents: HUD-9627

13. Request to Renew Using Non-Section 8 Units in the Section 8 Project as a Market Rent Ceiling: HUD-9629

14. Request to Renew Using Fair Market Rents (FMRs) as Market Ceiling: HUD-9630

15. Sample Use Agreement: HUD-9634

16. Projects Preparing a Budget-Based Rent Increase: HUD-9635

17. Project-Based Section 8 Housing Assistance Payments Basic Renew Contract—One-Year Term: HUD-9636

18. Project-Based Section 8 Housing Assistance Payments Basic Renew Contract—Multi-Year Term: HUD-9637

19. Project-Based Section 8 Housing Assistance Payments Renewal Contract for Mark-Up-To-Market Project: HUD-9638

20. Project-Based Section 8 Housing Assistance Payments Preservation Renewal Contract: HUD-9639

21. Project-Based Section 8 Housing Assistance Payments Interim (Full) Mark-To-Market Renewal Contract: HUD-9640

22. Project-Based Section 8 Housing Assistance Payments Interim (Lite) Mark-To-Market Renewal Contract: HUD-9641

23. Project-Based Section 8 Housing Assistance Payments Full Mark-To-Market Renewal Contract: HUD-9642

24. Project-Based Section 8 Housing Assistance Payments Watch List Renewal Contract: HUD-9643

25. Project-Based Assistance Housing Assistance Payments Contract For Previous Mod Rehab Projects: HUD-9644

26. Housing Assistance Payments Program Housing Finance & Development Agencies Extension Amendment to Old Regulation State Agency Housing Assistance Payments Contract: HUD-9647

27. Project-Based Section 8 Contract Administration Consent to Assignment of HAP Contract as Security for Freddie Mac Financing: HUD-9648a

28. Project-Based Section 8 Contract Administration Consent to Assignment of HAP Contract to FNMA as Security for FNMA Credit Enhancement: HUD-9648d

29. Project-Based Section 8 Contract Administration Consent to Assignment of HAP Contract as Security for Financing: HUD-9649

30. Consent to Assignment of Senior Preservation Rental Assistance Contracts (SPRAC) as Security for Financing: HUD-9649a

31. Project-Based Section 8 Contract Administration Consent to Assignment of HAP Contract as Security for FNMA Financing: HUD-9651

Information collection	Number of respondents	Total annual responses	Burden hours per response	Total annual burden hrs.	Hourly cost to public	Total annual cost to public	Hourly cost to government	Total annual cost to government
Housing Assistance Payments Contract (HUD-52522a and b)	20	20	0.50	10	$39.72	$397.20	$51.18	$511.80
Assignment, Assumption, and Amendment of Section 8 Housing Assistance Payments (HAP) Contract (HUD-5988)	3,555	3,555	0.50	1,778	39.72	70,602.30	51.18	90,972.45
Section 8 Use Agreement (HUD-90055)	75	75	0.50	38	39.72	1,489.50	51.18	1,919.25
Rent Comparability Grid (HUD-92273-S8)	950	950	1.00	950	39.72	37,734.00	51.18	48,621.00
Project-Based Section 8 Housing Assistance Payments: Addendum to Renewal Contract Under Option One or Option Two for Capital Repairs and/or Acquisition Costs (HUD-93181)	50	50	0.50	25	39.72	993.00	51.18	1,279.50
Project-Based Section 8 Housing Assistance Payments: Addendum to Renewal Contract Under Option One or Option Two for Capital Repairs and/or Acquisition—Post-Rehabilitation Rents at Closing (HUD-93182)	150	150	0.50	75	39.72	2,979.00	51.18	3,838.50
Rider to Original Section 8 Housing Assistance Payments Contract (HUD-93184)	20	20	0.50	10	39.72	397.20	51.18	511.80
Start Printed Page 74653
Amendment to Project-Based Section 8 Housing Assistance Payments Contract [Contract A1] Pursuant to Section 8(bb)(1) of the United States Housing Act of 1937 (HUD-93185a)	25	25	0.50	13	39.72	496.50	51.18	639.75
Amendment to Project-Based Section 8 Housing Assistance Payments Contract [Contract B] Pursuant to Section 8(bb)(1) of the United States Housing Act of 1937 (HUD-93185b)	25	25	0.50	13	39.72	496.50	51.18	639.75
Contract Renewal Request Form (HUD-9624)	2,000	2,000	1.00	2,000	39.72	79,440.00	51.18	102,360.00
OCAF Rent Adjustment Worksheet (HUD-9625)	7,957	7,957	1.00	7,957	39.72	316,052.04	51.18	407,239.26
Letters to Owners/Agents: Option 1 and 3 (HUD-9626)	419	419	0.25	105	39.72	4,160.67	51.18	5,361.11
Letters to Owners/Agents: Option 2 and 4 (HUD-9627)	1,801	1,801	0.25	450	39.72	17,883.93	51.18	23,043.80
Request to Renew Using Non-Section 8 Units in the Section 8 Project as a Market Rent Ceiling (HUD-9629)	10	10	0.50	5	39.72	198.60	51.18	255.90
Request to Renew Using FMRs as Market Ceiling (HUD-9630)	88	88	0.50	44	39.72	1,747.68	51.18	2,251.92
Sample Use Agreement (HUD-9634)	55	55	0.50	28	39.72	1,092.30	51.18	1,407.45
Projects Preparing a Budget-Based Rent Increase (HUD-9635)	1,697	1,697	1.00	1,697	39.72	67,404.84	51.18	86,852.46
Housing Assistance Payments Basic Renewal Contract—One-Year Term (HUD-9636)	500	500	0.50	250	39.72	9,930.00	51.18	12,795.00
Housing Assistance Payments Basic Renewal Contract—Multi-Year Term (HUD-9637)	800	800	0.50	400	39.72	15,888.00	51.18	20,472.00
Housing Assistance Payments Renewal Contract for Mark-Up-To-Market Project (HUD-9638)	169	169	0.50	85	39.72	3,356.34	51.18	4,324.71
Housing Assistance Payments Preservation Renewal Contract (HUD-9639)	213	213	0.50	107	39.72	4,230.18	51.18	5,450.67
Housing Assistance Payments Interim (Full) Mark-To-Market Renewal Contract (HUD-9640)	53	53	0.50	27	39.72	1,052.58	51.18	1,356.27
Housing Assistance Payments Interim (Lite) Mark-To-Market Renewal Contract (HUD-9641)	68	68	0.50	34	39.72	1,350.48	51.18	1,740.12
Housing Assistance Payments Full Mark-To-Market Renewal Contract (HUD-9642)	63	63	0.50	32	39.72	1,251.18	51.18	1,612.17
Housing Assistance Payments Watch List Renewal Contract (HUD-9643)	117	117	0.50	59	39.72	2,323.62	51.18	2,994.03
Project-Based Assistance Housing Assistance Payments Contract For Previous Mod Rehab Projects (HUD-9644)	25	25	0.50	13	39.72	496.50	51.18	639.75
Housing Assistance Payments Program Housing Finance & Development Agencies Extension Amendment to Old Regulation State Agency Housing Assistance Payments Contract (HUD-9647)	10	10	0.50	5	39.72	198.60	51.18	255.90
Consent to Assignment of HAP Contract as Security for Freddie Mac Financing (HUD-9648a)	50	50	0.50	25	39.72	993.00	51.18	1,279.50
Consent to Assignment of HAP Contract to FNMA as Security for FNMA Credit Enhancement (HUD-9648d)	50	50	0.50	25	39.72	993.00	51.18	1,279.50
Consent to Assignment of HAP Contract as Security for Financing (HUD-9649)	600	600	0.50	300	39.72	11,916.00	51.18	15,354.00
Consent to Assignment of Senior Preservation Rental Assistance Contract (SPRAC) as Security for Financing (HUD-9649a)	50	50	1.00	50	39.72	1,986.00	51.18	2,559.00
Consent to Assignment of HAP Contract as Security for FNMA Financing (HUD-9651)	100	100	0.50	50	39.72	1,986.00	51.18	2,559.00
Total	21,765	21,765		16,655		661,516.74		852,377.31

Description of the need for the information and proposed use: The Section 8 Renewal Policy Guidebook explains the various options available under the Multifamily Housing Reform and Affordability Act of 1997 (MAHRA) for the renewal of expiring project-based section 8 contracts and the adjustment of contract rents and establishes related administrative policies. Forms included in the information collection are used in the renewal and contract rent adjustment processes. For example, listed forms are used to establish market rents; amend rents; request renewal of a Section 8 contract under the Multifamily Housing Reform and Affordability Act of 1997; and ensure the acceptable operation of properties assisted under a Section 8 HAP contract.

This information collection includes a new form titled “Assignment, Assumption, and Amendment of Assignment, Assumption, and Amendment of Section 8 Housing Assistance Payments (HAP) Contract” (form HUD-5988) that is included as Attachment A to this Notice. In addition to soliciting public comments as described in this Section, HUD seeks Start Printed Page 74654 input on use of the new form that will be required for the full assignment of a HAP contract. A draft of the new form is attached to this Notice for review. See below as follows.

Respondents: Businesses or other for-profit and not-for-profit entities.

Estimated Number of Respondents: 21,765.

Estimated Number of Responses: 21,765.

Frequency of Response: Various.

Average Hours per Response: 0.56 hours.

Total Estimated Burden Hours: 16,655 hours.

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.