Final - OMB 2502-0608- Supporting Statement

Supporting Statement for Paperwork Reduction Act Submissions

Project Rental Assistance Program of Section 811 Supportive Housing for Persons with
Disabilities

(OMB# 2502-0608)

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

On January 04, 2011, President Barack Obama signed the Frank Melville Supportive Housing Investment Act of 2010 which amended Section 811 of the Cranston-Gonzalez National Affordable Housing Act (Pub L. 111-374) and created new funding authority. In lieu of HUD providing this funding directly to owners/developers as in the traditional Section 811 program, this legislation created new project rental assistance authority directed to states to provide this project-based rental operating assistance for persons with disabilities to multifamily rental owners/developers. The primary purpose of this program is to identify, stimulate, and support innovative state-level strategies that will increase housing for extremely low-income persons with disabilities as a more efficient approach to this funding. As in the traditional Section 811 program, this project rental assistance funding covers the difference between the approved operating costs and debt service of the project and the tenants’ contributions toward rent. In order to ensure that only qualified state housing agencies are selected, a Notice of Funding Opportunity (NOFO) is published that requires applicants for grant funds to provide specific information that will allow HUD to evaluate, score and rank applications. It is important to obtain information from prospective applicants to assist HUD in determining if they have the administrative capacity and the statutory requirements to manage the program. These factors are critical in meeting statutory requirements and in protecting the Department's financial interest in projects funded under this program. Attached is a copy of the appropriate section of each statute mandating or authorizing the collection of information.

2. Indicate how, by whom and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

This Section 811 Project Rental Assistance (PRA) submission requirements are collected so respondents can compete for the receipt of a benefit. The HUD Section 811 Project Rental Assistance Program application submission requirements are necessary to assist HUD in

determining an applicant's eligibility and capacity to administer these PRA funds to qualified multifamily rental owners for housing for persons with disabilities consistent with prescribed statutory and regulatory criteria. A thorough evaluation of an applicant's qualifications and capabilities is critical in protecting the Federal Government's financial interest and to mitigate any possibility of fraud, waste, or mismanagement of public funds. This information will be used to rate and rank applications which will be collected electronically via grants.gov by the nationally established deadline date. HUD Headquarters will evaluate applications based on established criteria identified in the Notice of Funding Opportunity (NOFO), rate the applications, and make selection recommendations. This process occurs once a year, subject to annual appropriations funding authority and the forms have been used for these respective purposes in the past.

The purpose and use of the components of the application are described below:

Contents of Application Package:

Forms: General Application Requirements and Certifications. This section consists of certifications and other supporting documents to be completed by the Section 811 Project Rental Assistance applicant which includes:

• Form HUD-92239-PRA, Grant Application Detailed Budget, which is a budget form for all PRA program funds.

• Form SFLLL- Disclosure of Lobbying Activities, which is a standard form used to disclose any lobbying activities conducted in connection with federal funds awarded through the program. (no change made to document)

• Form HUD 2880 Applicant/Recipient Disclosure/Update Report, which is a standard form used to disclose information about the applicant organization and identify potential conflicts of interest. (no change made to document)

• Form SF424-Application for Federal Assistance, which is the standard application for federal assistance. (no change made to document)

• Form HUD 92243-PRA-Affirmative Fair Housing Marketing Plan (AFHMP)- Multifamily Housing, which is a form used to disclose methods used to actively market housing opportunities to groups least likely to apply. (no change made to document)

Post Award Documentation

Forms: General Program Requirements and Certifications. This section consists of certifications and other supporting documents to be completed by the Section 811 Project Rental Assistance successful applicant that is award the grant, which includes:

• Form HUD-93205-PRA, 811 PRA Cooperative Agreement – Grantee and HUD legal document used to provide funds.

• Quarterly Reports – Grantee reports updating HUD on the program and operational performance using grant funds submitted three times a year.

• Annual Reports – Grantee reports submitted annually to update HUD on the program operation and performance.

• Form HUD-92236-PRA-811 Project Rental Assistance Lease Supportive Housing for Persons with Disabilities, which is the lease agreement between the Owner and tenant.

• Form HUD-92238-PRA, Use Agreement – Grantee and owners will execute this agreement restricting the income and tenants in the PRA units

• Form HUD-92235-PRA, Part I of the Rental Assistance Contract (PRA)- Grantees will execute this document with owners that have PRA units.

• Form HUD-92237-PRA, Part II of the Rental Assistance Contract (PRA) – Grantees will execute this document with owners that have PRA units.

• Form HUD-92240-PRA, Agreement to Enter into Rental Assistance Contract – Grantees will execute this agreement with owners that will have PRA units.

• Form HUD-92241-PRA, Section 811 Project Rental Assistance Logic Model-Form is removed from the collection.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Please provide a statement regarding how the use of information technology reduces or may reduce burden.

Applicants must submit their applications electronically through Grants.gov. All grant applications must be received and validated electronically by Grants.gov no later than the established application submission deadline. Applicants may not submit paper applications unless the applicant demonstrates good cause and request a waiver of the requirement for electronic submission. Waiver of the electronic submission may be approved under special circumstances, such as preventing hardship to a small agency. Applicants seeking a waiver of the electronic submission requirement must make the request in accordance with 24 CFR 5.1005. Applicants that are granted a waiver of the electronic submission requirement will not be afforded additional time to submit their applications. All other forms not included in the Application Package may be submitted by email in a document repository email mailbox established by the program office. Using information technology may reduce the burden by reducing administrative workload, improving communication and making the application process more efficient.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

Existing information cannot be utilized or modified because the Section 811 Project Rental Assistance anticipates that most items will only be required once from each applicant. Narrative plans will be required once as part of the initial application and revised plans may be required with additional information at the conclusion of the negotiation period with grant recipients. No other existing forms can be substituted to obtain the required information included in the application. All documents have been reviewed to ensure no duplication exists.

5. If the collection of information impacts small businesses or other small entities describe any methods used to minimize burden.

The collection of information will not have any significant economic impact on small entities in almost all cases. In the unlikely event that special circumstances arise which cause a hardship on a small entity, as noted in the response to number 3, a small entity can request a waiver of the electronic submission requirement to reduce any economic impact that may arise.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If the collection is not conducted frequently, it could lead to inefficient and excessive paperwork burdens on federal programs, hindering the effectiveness and increasing administrative cost. It could also lead to non-compliance with federal regulations, loss of funding, and legal liabilities. Additionally outdated information may mislead stakeholders, impair decision-making, and hinder the effectiveness of the programs, as well as potentially reduce public trust in the agency’s transparency and accountability. In the absence of the above information, the Department would not be able to assess the worthiness of applications, determine whether the state programs meet statutory and regulatory requirements, or make sound judgements regarding the potential risk to the Government.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• requiring respondents to report information to the agency more than quarterly;

Not required

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

Not required

• requiring respondents to submit more than an original and two copies of any document;

Not required

• requiring respondents to retain records other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

Not required

• in connection with a statistical survey, that is not designed to produce valid and reliable results than can be generalized to the universe of study;

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

Not required

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

Not required

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law

The information in the collection does not require any special circumstances that would cause an information collection to be conducted in any manner of the reasoning listed above.

7. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

• Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping disclosure, or reporting format (if any) and the data elements to be recorded, disclosed, or reported.

• Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that preclude consultation in a specific situation. These circumstances should be explained.

In accordance with 5CFR 1320.8(d), this information collection soliciting public comments was announced in the Federal Register on September 23, 2024, Volume 89, No. 184 Pages 2. (1) Comment received that was not posted to regulations.gov.

9. Explain any decision to provide any payment or gift to respondents, other than renumeration of contractors or grantees.

Not applicable

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation or agency policy. If the collection requires a system of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

HUD does not ensure applicant confidentiality. Applicants are informed of their privacy rights under the Freedom of Information Act (5 U.S.C. 552), Privacy Act (5 U.S.C. 552a), and HUD implementing regulations. Documentation and other information regarding each application submitted, including any letters of support, will be made available for public inspection for a 5-year period in accordance with the Freedom of Information Act (5 U.S.C. 552), and HUD's implementing regulations in 24 CFR Part 15. This collection does not require a system of records notice (SORN) or privacy impact assessment (PIA).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

This collection does contain any questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices;

• If this request covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in chart below; and

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.

Information Collection	Number of Respondents	Frequency of Response	Responses Per Annum	Burden Hour Per Response	Annual Burden Hours	Hourly Cost Per Response	Annual Cost
HUD-92235-Part I of the Rental Assistance Contract (PRA)	150	1	150	1	150	43.28	6,492
HUD-92237-Part II of the Rental Assistance Contract (PRA)	150	1	150	1	150	43.28	6,492
HUD-92238-PRA, Use Agreement	150	1	150	2	300	43.28	12,984
HUD-92239 – Grant Application Detailed Budget	100	4	400	1	400	43.28	17,312
HUD-92240-PRA, Agreement to Enter Into Rental Assistance Contract	150	1	150	1	150	43.28	6,492
HUD-93205- 811 PRA Cooperative Agreement	50	1	50	1	50	43.28	2,164
Form SFLLL- Disclosure of Lobbying Activities	26	1	26	0	0	0	0
Form HUD 2880 Applicant/Recipient Disclosure/Update Report	26	1	26	0	0	0	0
Form SF424-Application for Federal Assistance	26	1	26	0	0	0	0
Form HUD 92243-PRA-Affirmative Fair Housing Marketing Plan (AFHMP)	26	1	26	1	26	43.28	1,125
Form HUD-92236-PRA-811 Project Rental Assistance Lease Supportive Housing for Persons with Disabilities	1,250	1	1,250	0	0	0	0
TOTALS	2,104	14	2,404	8	1,226	43.28	53,061

There have been four Section 811 PRA Awards. There are currently 35 Section 811 PRA Grantees. Most of whom have funding from multiple Notices of Funding Opportunity. The forms referenced above are the forms that are required for the Grantee to enter into a Cooperative Agreement with HUD, and to enter into a Rental Assistance Contract with an Owner. It is anticipated that each Grantee will have at least 150 individual Rental Assistance Contracts and each form is required for each property. The 150 includes the anticipated awards for the next Notice of Funding Opportunity, which is currently in clearance for publication. The change in burden is directly related to the increased number of Grantees and Rental Assistance Contracts. As for the HUD 92236 form, HUD is not requesting approval of any burden hours since use of leases are a standard business practice in the housing rental industry.

Reporting Requirements

Of those that submit applications, it is estimated that there will be approximately 35 selected for approval and will need to submit quarterly and annually. There are currently 31 states reporting because the remaining 4 have not begun program operations. The new Notice of Funding Opportunity is expected to award no less than 15 additional awards.

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s) and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities;

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10) utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are no additional costs to respondents.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Information Collection	Number of Respondents	Frequency of Response	Responses Per Annum	Burden Hour Per Response	Annual Burden Hours	Hourly Cost Per Response	Annual Cost
HUD-92235-PRA, Part I of the Rental Assistance Contract	1,250	1	1,250	2	2,500	43.28	108,200
HUD-92237-PRA, Part II of the Rental Assistance Contract	1,250	1	1,250	.5	625	43.28	27,050
HUD-92238-PRA, Use Agreement	1,250	1	1,250	2	2,500	43.28	108,200
HUD-92239- Grant Application Detailed Budget	50	4	200	1	200	43.28	8,656
HUD-92240-PRA, Agreement to Enter Into Rental Assistance Contract	1,250	1	1,250	.5	625	43.28	27,050
HUD-93205- PRA, 811 PRA Cooperative Agreement	50	1	50	1	50	43.28	2,164
Form SFLLL- Disclosure of Lobbying Activities	26	1	26	0	0	0	0
Form HUD 2880 Applicant/Recipient Disclosure/Update Report	26	1	26	0	0	0	0
Form SF424-Application for Federal Assistance	26	1	26	0	0	0	0
Form HUD 92243-PRA-Affirmative Fair Housing Marketing Plan (AFHMP)	26	1	26	1	26	43.28	1,125
Form HUD-92236-PRA-811 Project Rental Assistance Lease Supportive Housing for Persons with Disabilities	1,250	1	1,250	0	0	0	0
TOTALS	6,454	14	6,604	8	6,526	43.28	282,445

The majority of the work involved in completing the required Section 811 PRA forms is done by the

Awardee. HUD staff is responsible for the review, negotiation, and execution of the documentation in HUD systems. The average cost to the Federal Government is based on an hourly rate of $43.28, at 7 hours per application (26) representing a GS-13, step-1 (based on the 2025 General Schedule Base). The annual rate is $90,025. Total: $1125.28. As for the HUD 92236 form, HUD is not requesting approval of any burden hours since use of leases are a standard business practice in the housing rental industry.

15. Explain the reasons for any program changes or adjustments reported in Items 12 and 14 of the Supporting Statement.

The reinstatement with change is based on the anticipated additional awardees due to a new Notice of Funding Opportunity that will guarantee additional awardees, thus increasing the burden of hours and cost. The changes address the urgent need to provide housing for those extremely low-income persons with disabilities who are transitioning from institutions to live independently in the community and/or are homeless or at risk of institutionalization and homelessness.

16. For collection of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

Collection of this information will not be published. Each application will be maintained at the HUD program Office in individual project files. However, a list of awardees will be made public, usually by Federal Register publication, upon completion of the selection process.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

HUD is not seeking approval to avoid displaying the OMB expiration date.

18. Explain each exception to the certification statement identified in item 19.

There are no exceptions to the certification statement identified in Item 19.

B. Collections of Information Employing Statistical Methods