[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40158-40161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16074]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5667-N-03]
Supportive Housing for the Elderly Senior Preservation Rental
Assistance Contracts: 60-Day Notice of Information Collection
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
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ACTION: Notice of request for public comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, HUD is
issuing for public comment four documents for use in the Senior
Preservation Rental Assistance Contract (SPRAC) program. HUD is seeking
Office of Management and Budget (OMB) approval for the information
collection described below. The purpose of this notice is to allow 60
days for public comment in the Federal Register preceding submission to
OMB.
DATES: Comment Due Date: September 3, 2013.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW., Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Margaret Salazar, Acting Director,
Office of Affordable Housing Preservation, Office of Housing,
Department of Housing and Urban Development, 451 7th Street SW., Room
6230, Washington, DC 20410; telephone number 202-708-0001 (this is not
a toll-free number). Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The Section 202 Supportive Housing for the Elderly Act of 2010
(Pub. L. 111-372, 124 Stat. 4077, approved January 4, 2011) (2010 Act)
authorizes HUD to provide SPRACs with 20-year terms to owner-applicants
(Owner-Applicants) and existing Section 202 properties that meet SPRAC
eligibility criteria as established by HUD. The purpose of the SPRAC
Program is to prevent the displacement of current tenants of certain
projects assisted under HUD's Section 202 Supportive Housing for the
Elderly program (Section 202 program) in the case of refinancing or
recapitalization and to further preserve and maintain affordability of
Section 202 Direct Loan projects. General authority for the prepayment
of a Section 202 Direct Loan is provided by Section 811 of the American
Homeownership and Economic Opportunity (AHEO) Act of 2000, as amended
by the 2010 Act (12 U.S.C. 1701q note). Pursuant to this authority,
SPRACs may be awarded by HUD to Section 202 properties with original
interest rates of 6 percent or less (financed prior to 1974), as part
of a recaptialization to address the physical needs of the property. In
FY 2012, $16 million was made available for SPRAC funding.
On January 8, 2013, at 78 FR 1224, HUD published a proposed notice
in the Federal Register that presented for public comment the proposed
process by which HUD would award SPRACs, including the proposed
application process, as well as the proposed eligibility and selection
criteria. HUD solicited public comment for a period of 60 days. HUD
reviewed and considered the public comments received in response to the
January 8, 2013, notice, and HUD is developing the final notice that
will announce the process by which HUD will award SPRACs.
II. This 60-Day Notice
Documents for Review and Comment
Consistent with the Paperwork Reduction Act of 1995, this notice
seeks comment, for a period of 60 days of four documents that HUD will
use for the award of SPRACs.
1. Agreement To Enter Into a Senior Preservation Rental Assistance
Contract--Part I (ASPRAC I)
The ASPRAC I, including exhibits, which may be attached or
incorporated by reference, comprises the entire agreement between the
Owner and HUD with respect to the matters contained addressed in the
ASPRAC I. The exhibits that are part of the ASPRAC I include: the
Senior Preservation Rental Assistance Contract (SPRAC) to be executed
upon prepayment of the Section 202 Direct Loan (Exhibit A); the
schedule of completion in stages if applicable (the exhibit should
identify the units in each stage) (Exhibit B); and the schedule of
Davis-Bacon wages, if applicable (Exhibit C). The ASPRAC I provides for
the inclusion of additional exhibits that may be necessary or
appropriate.
The ASPRAC I provides that neither party is bound by any
representations or agreements of any kind except as contained in the
ASPRAC I, any applicable regulations, and agreements entered into in
writing by the parties which are consistent with this Agreement. The
ASPRAC I further provides that nothing contained in the ASPRAC I shall
create of affect any relationship between HUD and any contractors or
subcontractors employed by the Owner in the completion of the project.
The ASPRAC I requires the Owner to certify that the site of the
project for which HUD is committing funds is either (1) without
occupants eligible for relocation assistance under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (URA), as amended; or (2) with occupants eligible for assistance
the URA and Owner agrees to provide such assistance in accordance with
URA and HUD requirements.
2. Agreement To Enter Into a Senior Preservation Rental Assistance
Contract--Part II (ASPRAC II)
The ASPRAC II contains the following areas that specify the Owner's
agreement to undertake certain action, which include information and
reporting requirements:
Schedule of Completion, which addresses the timely
commencement of work, the time for completion, and the possibility of
delays, and the reporting requirements associated with commencement and
completion of work.
[[Page 40160]]
Marketing, which addresses the commencement and
continuation of marketing of the project and notification requirements
associated with the marketing.
Execution of the SPRAC, which addresses the time of
execution of the SPRAC, the completion of the various stages associated
with work on the project; unleased units at the time of execution of
the SPRAC, and HUD's examination of such units; leased units at the
time of execution and HUD's examination of such units; and the amount
of contract rents.
Cooperation in Equal Opportunity Reviews, which addresses
agreement by the Owner to cooperate with HUD in conducting monitoring
and compliance reviews and complaint investigations;
Compliance with standard federal laws related to
federally-funded housing, which includes compliance with such laws the
National Environmental Policy Act, Flood Disaster Protection Act, Clean
Air Act and Water Pollution Control Act, Displacement and Relocation
Assistance, Lead-Based Paint Poisoning Prevention Act, anti-lobbying
requirements; and the Davis Bacon Act.
Defaults by Owner, which addresses what constitutes a
default by the Owner under the SPRAC, HUD's determination of default
and corrective action that may be taken, including termination of the
SPRA.
Disputes, which provides that the Secretary of HUD or
designee will resolve a dispute that may arise between the Owner and a
HUD Field Office, which the latter two are unable to resolve.
Assignment, Sale or Foreclosure, which addresses the
Owner's agreement that it has not made or will not make any sale,
assignment, or conveyance or transfer of the project without seeking
and receiving the prior written consent of HUD.
Prevention of Conflicts of Interest, which addresses the
prohibition of the officers, directors, stockholders and unauthorized
representatives of the Owner having a financial interest in any
contract in connection with the rendition of services, the provision of
goods or supplies, project management, procurement of furnishings or
equipment, construction of the project, procurement of the site or
other matters related to the development or operation of the project.
3. Senior Preservation Rental Assistance Contract--Part I (SPRAC I)
The SPRAC I establishes the effective date, initial term, funding
for the initial term of the SPRAC and renewal. The SPRAC requires the
Owner to describe the project, to provide a statement of services
maintenance and utilities to be provided by the Owner. The SPRAC also
requires for the Owner to provide the following as exhibits to the
SPRAC: (1) A schedule of SPRAC Units and SPRAC rents; (2) daily debt
service; (3) an affirmative fair housing marketing plan; (4) the
recorded Section 202 Use Agreement; and (5) the Agreement to Enter into
a SPRAC.
4. Senior Preservation Rental Assistance Contract--Part II (SPRAC II)
The SPRAC II establishes the agreed-upon responsibilities and
obligations of the Owner, the Contact Administration and HUD. The SPRAC
II identifies the HUD regulations with which all owners of HUD assisted
housing must comply, and that includes the owner of a project assisted
under SPRAC. The SPRAC II includes definitions that are applicable to
SPRAC II but also SPRAC I. The SPRAC II reiterates the agreements
contained in ASPRAC II, such as those pertaining to nondiscrimination,
compliance reviews, the applicable property insurance such as property
and liability insurance, flood insurance, assignment, sale, or
foreclosure of the property, Davis-Bacon wage requirements, disputes,
and conflicts of interest.
The SPRAC II also specifies certain information collection and
reporting requirements, which are directed solely to the SPRAC projects
and these include the owner's agreement to: Maintain a written,
chronological waiting list showing the name, race, gender, ethnicity
and date of each person applying to reside in a SPRAC Unit at the
subject project; establish a standard numeric threshold for the purpose
of determining when it may be necessary to close the waiting list and
temporarily cease accepting applications for SPRAC Units; furnishing a
copy of its waiting list policies and procedures to HUD; furnishing to
HUD, upon HUD's request, applications of admissions (including denial
of admission); confirming all information provided on the application
by the family applicants; preparing the HUD Lease between the families
and the Owner in the form prescribed by HUD; submitting to the Contract
Administrator, upon the Contract Administrator's request, a rent
comparability study; submitting monthly requests to the Owner's
Contract Administrator for SPRAC payments, and each month request must
contain a certification by the Owner as to the accuracy and veracity of
certain formation to the best of the Owner's knowledge; and submitting
to the Contract Administrator within 90 days after the end of each
fiscal year of the project, financial statements for the project that
have been audited by an Independent Public Accountant in the form
required by HUD.
All four documents are available for review in their entirety at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/presrv/presmfh/sprac_contracts.
Paperwork Reduction Act--Estimated Burden and Cost
Under the Paperwork Reduction Act (44 U.S.C. 3501-3520) (PRA),
federal agencies must obtain approval from the Office of Management and
Budget (OMB) for each collection of information they conduct or
sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3)
and 5 CFR 1320.3(c) and includes agency requests or requirements that
members of the public submit reports, keep records, or provide
information to a third party. Section 506(c)(2)(A) of the PRA (44
U.S.C. 3506(c)(2)(A)) requires federal agencies to provide a 60-day
notice in the Federal Register concerning each proposed collection of
information before submitting the collection to OMB for approval.
To comply with this requirement, HUD is publishing this notice of
the proposed information and recordkeeping and reporting, as set forth
in the four SPRAC documents.
1. Descriptive Information
The Title of the Proposed Information Collection is Senior
Preservation Rental Assistance Contracts.
The Need for the Proposed Information Collection and Use is to
ensure proper use of federal funds, compliance with applicable HUD and
federal requirements, and to allow for HUD to monitor compliance with
HUD and federal requirements.
Agency Form Numbers N/A.
Eligible Applicants are owners of Section 202 properties with
original interest rates of 6 per cent or less (financed prior to 1974)
when the property refinanced is to make capital repairs and the owner
does not anticipate debt service savings from the refinance.
Status of Proposed Information Collection is new.
2. Specific Issues for Comment
With respect to the collection of information and reporting
requirements in the four SPRAC documents, HUD invites comments on these
topics:
(1) Whether the proposed collection of information is necessary for
the
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proper performance of responsibilities under the SPRAC program,
including whether the information will have practical utility;
(2) The accuracy of HUD's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used;
(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
respondents, including through the use of automated collection
techniques, when appropriate, and other forms of information
technology.
The public reporting burden for information collection and
reporting requirements in the four SPRAC documents are estimated to
include the time for reviewing the instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Information on the
estimated public reporting burden is provided in the following table:
3. Estimated Burden
The estimated burden for the four SPRAC documents is as follows:
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Number of Frequency of Responses per Burden hours Annual burden
Information collection respondents response annum per response hours
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ASPRAC I........................ 20 1 20 1 20
ASPRAC II....................... 20 1 20 1 20
SPRAC I......................... 20 1 20 2 40
SPRAC II........................ 20 1 20 2 40
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Totals...................... 20 4 80 6 120
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Dated: June 27, 2013.
Laura M. Marin,
Acting General Deputy Assistant Secretary for Housing--Acting General
Deputy Federal Housing Commissioner.
[FR Doc. 2013-16074 Filed 7-2-13; 8:45 am]
BILLING CODE 4210-67-P