[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65358-65360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27548]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7006-N-18]


60-Day Notice of Proposed Information Collection: Public/Private 
Partnerships for the Mixed-Finance Development of Public Housing Units

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing.

ACTION: Notice.

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

DATES: Comments Due Date: February 19, 2019.

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 
<a href="/cdn-cgi/l/email-protection#55163a39302121307b053a3939342731153d20317b323a23"><span class="__cf_email__" data-cfemail="20634f4c455454450e704f4c4c415244604855440e474f56">[email protected]</span></a> 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 toll-free Federal Relay 
Service at (800) 877-8339.

FOR FURTHER INFORMATION CONTACT: Arlette Mussington, Office of Policy, 
Programs and Legislative Initiatives, PIH, Department of Housing and 
Urban Development, 451 7th Street SW, Room 3178, Washington, DC 20410; 
telephone (202) 402-4109, (this is not a toll-free number). Persons 
with hearing or speech impairments may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339. Copies 
of available documents submitted to OMB may be obtained from Ms. 
Mussington.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A.

A. Overview of Information Collection

    Title of Proposal: Public/Private Partnerships for the Mixed-
Finance Development of Public Housing Units.
    OMB Control Number: 2577-0275.
    Type of Request: Reinstatement without Change.
    Form Number: HUD-50156; HUD-50157, HUD-50158, HUD-50159, HUD-50160, 
HUD-50161.
    Description of the need for the information and proposed use: The 
Quality Housing and Work Responsibility Act of 1998 (P.L. 195-276, 
approved October 21, 1998), also known as the Public Housing Reform 
Act, created Section 35 of the U.S. Housing Act of 1937, 42 U.S.C. 
1437. Section 35 allows PHAs to own, operate, assist or otherwise 
participate in the development and operation of mixed-finance projects. 
Mixed-finance development refers to the development or rehabilitation 
of public housing, where the public housing units are owned in whole or 
in part by an entity other than a PHA. Prior to this, all public 
housing had to be developed and owned by a Public Housing Authority 
(PHA). However, Section 35 allowed PHAs to provide Section 9 capital 
and operating assistance to mixed-finance projects, which are also 
financially assisted by private and other resources. Private and other 
resources include tax credit equity, private mortgages and other 
federal, state or local funds. Section 35 also allows non-PHA owner 
entities to own and operate mixed-finance projects that contain both 
public housing and non-public housing units, or only public housing 
units. Along with public housing unit development, mixed-finance real 
estate development or rehabilitation transactions are used to extend 
public housing appropriations in housing development and to develop 
mixed-income housing, where public housing residents are anonymously 
mixed in with affordable and market rate housing residents.
    In order to approve the development of mixed-finance projects, HUD 
collects certain information from each PHA/Ownership Entity. Under 
current regulations, HUD collects and reviews the essential documents 
included in this ICR in order to determine whether or not approval 
should be given. After approval is given and the documents are recorded 
by the associated county, HUD collects the recorded versions of the 
documents in this ICR, along with all financing and legal agreements 
that the PHA/owner entity has with HUD and with third-parties in 
connection with that mixed-finance project. This includes unique legal 
documents along with standardized forms and ``Certifications and 
Assurances,'' which are not exempted under PRA. Regulations for the 
processing of mixed-finance public housing projects are at 24 CFR part 
905 subpart F (Sec.  905). This information is collected to ensure that 
the mixed-finance development effort has sufficient funds to reach 
completion, remain financially viable,

[[Page 65359]]

and follow HUD legal and programmatic guidelines for housing project 
development or rehabilitation, ownership and use restrictions, as well 
as preserving HUD's rights to the project.
    PHAs must provide information to HUD before a proposal can be 
approved for mixed-finance development. Information on HUD-prescribed 
forms and in HUD-prescribed contracts and agreements provides HUD with 
sufficient information to enable a determination that funds should or 
should not be reserved or a contractual commitment made. Regulations at 
24 CFR part 905.606, ``Development Proposal'' states that a Mixed-
finance Development Proposal (Proposal) must be submitted to HUD in 
order to facilitate approval of the development of public housing. The 
subpart also lists the information that is required in the Proposal. 
The documentation required is submitted using the collection documents 
(ICs) in this ICR.
    Members of affected public: Public Housing Agencies, Developers
    Estimation of the total number of hours needed to prepare the 
information collection including number of respondents, frequency of 
response, and hours of response:

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                                                                Number of                   Total      Hours per                  Cost per
                        Form/document                          respondents   Frequency    responses     response   Total hours      hour      Total cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. HUD-50157 Mixed-Finance Development Proposal..............           60            1           60           16          960          $50      $48,000
2. Supplementary Document: Unique Legal Document. Mixed-                60            1           60           24        1,440           50       72,000
 Finance Amendment to the Annual Contributions Contract......
3. Supplementary Document: Unique Legal Document. Mixed-                60            1           60         0.25           15          250        3,750
 Finance Declaration of Restrictive Covenants................
4. Supplementary Document: Unique Legal Document. Mixed-                60            1           60           16          960          250      240,000
 Finance Final Title Policy..................................
5. Supplementary Document: Unique Legal Document. Mixed-                60            1           60            1           60          250       15,000
 Finance Legal Opinion.......................................
6. Supplementary Document: Unique Legal Documents. Mixed-               60            1           60          116        6,960          250    1,740,000
 Finance Evidentiaries.......................................
7. Supplementary Document: Unique Legal Document. Regulatory            60            1           60            8          480          250      120,000
 and Operating Agreement.....................................
8. Supplementary Document: Unique Legal Document. Transition            60            1           60            8          480          250      120,000
 Plan........................................................
9. HUD-50161 Mixed-Finance Certifications and Assurances.....           60            1           60         0.25           15           50          750
10. Supplementary Document: Unique Legal Document. Site                110            1          110            8          880           50       44,000
 Acquisition Proposal........................................
11. Supplementary Document: Unique Legal Document.                      50            1           50           80        4,000           50      200,000
 Development Proposal........................................
12. HUD-50156 Mixed-Finance Development Proposal Calculator..           60            1           60            1           60           50        3,000
13. HUD-50059 Mixed-Finance Homeownership Term Sheet.........           20            1           20           16          320           50       16,000
14. Supplementary Document: Unique Legal Document. Mixed-               20            1           20           16          320          250       80,000
 Finance Homeownership Addendum..............................
15. HUD-50158 Mixed-Finance Homeownership Certifications and            20            1           20         0.25            5           50          250
 Assurances..................................................
16. HUD-50160 Mixed-Finance and Homeownership Pre-Funding               80            1           80         0.25           20           50        1,000
 Certifications and Assurances...............................
17. Supplementary Document: Unique Legal Document. Mixed-               20            1           20         0.25            5           50          250
 Finance Homeownership Declaration of Restrictive Covenants..
                                                              ------------------------------------------------------------------------------------------
    Totals...................................................          920  ...........          920  ...........       16,980  ...........    2,704,000
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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

[[Page 65360]]

    (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.

    Dated: November 29, 2018.
Merrie Nichols-Dixon,
Deputy Director, Office of Policy, Programs and Legislative 
Initiatives.
[FR Doc. 2018-27548 Filed 12-19-18; 8:45 am]
 BILLING CODE 4210-67-P


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