[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27176-27177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09791]



[[Page 27176]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7050-N-14]


30-Day Notice of Proposed Information Collection: Comment 
Request; Implementation of the Housing for Older Persons Act of 1995 
(HOPA), OMB Control No: 2529-0046

AGENCY: Office of Policy Development and Research, Chief Data Officer, 
HUD.

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 an additional 30 days of 
public comment.

DATES: Comments Due Date: June 6, 2022.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to <a href="/cdn-cgi/l/email-protection#d996908b9886aaacbbb4b0aaaab0b6b799b6b4bbf7bcb6a9f7beb6af"><span class="__cf_email__" data-cfemail="155a5c47544a666077787c66667c7a7b557a78773b707a653b727a63">[email protected]</span></a> or www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. 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: Colette Pollard, Reports Management 
Officer, QDAM, Department of Housing and Urban Development, 451 7th 
Street SW, Washington, DC 20410; email Colette Pollard at 
<a href="/cdn-cgi/l/email-protection#40032f2c253434256e102f2c2c213224002835246e272f36"><span class="__cf_email__" data-cfemail="d695b9bab3a2a2b3f886b9babab7a4b296bea3b2f8b1b9a0">[email protected]</span></a> or telephone 202-402-3400. 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 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 July 
15, 2021 at 86 FR 37340.

A. Overview of Information Collection

    Title of Information Collection: Implementation of the Housing for 
Older Persons Act of 1995 (HOPA).
    OMB Control Number: 2529-0046.
    Type of Request: Proposed reinstatement without change of an 
expired, previously approved information collection requirement.
    Description of the need for the information and proposed use: The 
Fair Housing Act [42 U.S.C.3601 et seq.], prohibits discrimination in 
the sale, rental, occupancy, advertising, insuring, or financing of 
residential dwellings based on familial status (individuals living in 
households with one or more children under 18 years of age). However, 
under Sec.  3607(b)(2) of the Act, Congress exempted three (3) 
categories of ``housing for older persons'' from liability for familial 
status discrimination: (1) Housing provided under any State or Federal 
program which the Secretary of HUD determines is ``specifically 
designed and operated to assist elderly persons (as defined in the 
State or Federal program)''; (2) housing ``intended for, and solely 
occupied by persons 62 years of age or older''; and (3) housing 
''intended and operated for occupancy by at least one person 55 years 
of age or older per unit [`55 or older' housing].'' In December 1995, 
Congress passed the Housing for Older Persons Act of 1995 (HOPA) 
[Public Law 104-76, 109 STAT. 787] as an amendment to the Fair Housing 
Act. The HOPA modified the ``55 or older'' housing exemption provided 
under Sec.  3607(b)(2)(C) of the Fair Housing Act by eliminating the 
requirement that a housing provider must offer ``significant facilities 
and services specifically designed to meet the physical or social needs 
of older persons.'' In order to qualify for the HOPA exemption, a 
housing community or facility must meet each of the following criteria: 
(1) At least 80 percent of the occupied units in the community or 
facility must be occupied by at least one person who is 55 years of age 
of older; (2) the housing provider must publish and adhere to policies 
and procedures that demonstrate the intent to operate housing for 
persons 55 years of age or older; and (3) the housing provider must 
demonstrate compliance with ``rules issued by the Secretary for 
verification of occupancy, which shall . . . provide for [age] 
verification by reliable surveys and affidavits.''
    The HOPA did not significantly increase the record-keeping burden 
for the ``55 or older'' housing exemption. It describes in greater 
detail the documentary evidence which HUD will consider when 
determining, during a familial status discrimination complaint 
investigation, whether or not a housing facility or community qualified 
for the ``55 or older'' housing exemption as of the date on which the 
alleged Fair Housing Act violation occurred.
    The HOPA information collection requirements are necessary to 
establish a housing provider's eligibility to claim the ``55 or older'' 
housing exemption as an affirmative defense to a familial status 
discrimination complaint filed with HUD under the Fair Housing Act. The 
information will be collected in the normal course of business in 
connection with the sale, rental, or occupancy of dwelling units 
situated in qualified senior housing facilities or communities. The 
HOPA's requirement that a housing provider must demonstrate the intent 
to operate a ``55 or older'' housing community or facility by 
publishing, and consistently enforcing, age verification rules, 
policies and procedures for current and prospective occupants reflects 
the usual and customary practice of the senior housing industry. Under 
the HOPA, a ``55 or older'' housing provider should conduct an initial 
occupancy survey of the housing community or facility to verify 
compliance with the HOPA's ``80 percent occupancy'' requirement and 
should maintain such compliance by periodically reviewing and updating 
existing age verification records for each occupied dwelling unit at 
least once every two years. The creation and maintenance of such 
occupancy/age verification records should occur in the normal course of 
individual sale or rental housing transactions and should require 
minimal preparation time. Further, a senior housing provider's 
operating rules, policies and procedures are not privileged or 
confidential in nature, because such information must be disclosed to 
current and prospective residents, and to residential real estate 
professionals.
    The HOPA exemption also requires that a summary of the occupancy 
survey results must be made available for public inspection. This 
summary need not contain confidential information about individual 
residents; it may simply indicate the total number of dwelling units 
that are actually occupied by persons 55 years of age or older. While 
the supporting age verification records may contain confidential 
information about individual occupants, such information would be 
protected from disclosure unless the housing provider claims the ``55 
or older'' housing exemption as an affirmative defense to a 
jurisdictional familial status discrimination complaint filed with HUD 
under the Fair Housing Act. HUD's Office of Fair Housing and Equal 
Opportunity will only require a housing provider to disclose such 
confidential information to HUD if and

[[Page 27177]]

when HUD investigates a jurisdictional familial status discrimination 
complaint filed against the housing provider under the Fair Housing 
Act, and if and when the housing provider claims the ``55 or older'' 
housing exemption as an affirmative defense to the complaint.
    Agency form number(s), if applicable: None.
    Members of affected public: The HOPA requires that small businesses 
and other small entities that operate housing intended for occupancy by 
persons 55 years of age or older must routinely collect and update 
reliable age verification information necessary to meet the eligibility 
criteria for the HOPA exemption. The record keeping requirements are 
the responsibility of the housing provider that seeks to qualify for 
the HOPA exemption.
    Estimation of the total numbers of hours needed to prepare the 
information collection, including the number of respondents, frequency 
of response, and hours of response:
    Housing providers claiming eligibility for the HOPA's ``55 or 
older'' housing exemption must demonstrate ongoing compliance with the 
HOPA exemption requirements. The HOPA does not authorize HUD to require 
submission of this information by individual housing providers as a 
means of certifying that their housing communities or facilities 
qualify for the exemption. Further, since the HOPA has no mandatory 
registration requirement, HUD cannot ascertain the actual number of 
housing facilities and communities that are currently collecting this 
information with the intention of qualifying for the HOPA exemption. 
Accordingly, HUD has estimated that approximately 1,000 housing 
facilities or communities would seek to qualify for the HOPA exemption. 
HUD has estimated that the occupancy/age verification data would 
require routine updating with each new housing transaction within the 
facility or community, and that the number of such transactions per 
year might vary significantly depending on the size and nature of the 
facility or community. HUD also estimated the average number of housing 
transactions per year at ten (10) transactions per community. HUD 
concluded that the publication of policies and procedures is likely to 
be a one-time event, and in most cases will require no additional 
burden beyond what is done in the normal course of business. The 
estimated total annual burden hours are 5,500 hours [See Table below].

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                                                                                                      Burden hour     Annual    Hourly cost
                 Type of collection activity                    Number of    Frequency    Responses       per         burden        per      Annual cost
                                                               respondents  of response   per annum     response      hours       response
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One: Collect reliable age verification records for at least          1,000            1        1,000            1        1,000       $18.18       $18.18
 one occupant per dwelling unit to meet the HOPA's minimum
 ``80% occupancy'' requirement...............................
Two: Publication of & adherence to policies & procedures that        1,000            1        1,000            2         2,00        18.18       36,360
 demonstrate intent to operate ``55 or older'' housing.......
Three: Periodic updates of age verification records..........        1,000            1        1,000         2.50        2,500        18.18       45,450
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B. Solicitation of Public Comments

    This Notice is soliciting comments from members of the public and 
affected agencies concerning the proposed information collection in 
order to:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of HUD's program functions;
    (2) Evaluate the accuracy of HUD's assessment of the paperwork 
burden that may result from the proposed information collection;
    (3) Enhance the quality, utility, and clarity of the information 
which must be collected; and
    (4) Minimize the burden of the information collection on 
responders, including the use of appropriate automated collection 
techniques or other forms of information technology (e.g., permitting 
electronic submission of responses).
    (5) ways to minimize the burden of the collection of information on 
those who are to respond, including the use of automated collection 
techniques or other forms of information technolog
    HUD encourages interested parties to submit comment in response to 
these questions.
    Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 
U.S.C. chapter 35, as amended.

Colette Pollard,
Department Reports Management Officer, Office of Policy Development and 
Research, Chief Data Officer.
[FR Doc. 2022-09791 Filed 5-5-22; 8:45 am]
BILLING CODE 4210-67-P


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