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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2577-0249
ICR Reference No:
200611-2577-002
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
HUD/PIH
Agency Tracking No:
Title:
Implementation of the Violence Against Women and Department of Justice Reauthorization Act of 2005
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
11/24/2006
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/29/2006
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/16/2006
Terms of Clearance:
The request is approved without change, since the agency has responded to the issues raised by OMB in disapproving the previous request on October 27, 2006.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2007
6 Months From Approved
Responses
200
0
0
Time Burden (Hours)
200
0
0
Cost Burden (Dollars)
4,800
0
0
Abstract:
Residents residing In the public housing and Section 8 voucher programs will submit a HUD approval certification form that attest that the individual is a victim of abuse and that the incidences of abuse are bona fide. Without the certification, a PHA or owner may terminate assistance. The information provided to the PHA and owner is confidential.
Emergency Justfication:
The Department is seeking emergency review of the Paperwork Reduction Act requirements regarding the Violence Against Women Act 2005 and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162. The Notice of Paperwork Submission (copy enclosed), proposed for immediate publication in the Federal Register, explains the burden of the collection requirements and invites public comments. This is a new information collection. In compliance with the requirements of 5 CFR 1320.13, this letter requests emergency processing within 14 days from the date of publication. This request for emergency processing is essential since the bill was signed into law on January 5, 2006, and effective upon enactment. The Department intends to issue regulations to conform existing regulations to the changes made by VAWA 2005, and to provide additional interpretation and guidance that will be helpful in complying with the U.S. Housing Act of 1937, as amended by VAWA 2005. Public Housing Agencies (PHAs) must immediately proceed to ensure compliance with the provisions of VAWA 2005, by amending their leases and policies, as may be appropriate, to reflect the requirements of the law, and to make Section 8 owners aware of the requirements, as most of the VAWA 2005 provisions are not contingent upon the issuance of HUD regulations. The Department must ensure that PHAs and Section 8 owners begin complying with VAWAs 2005 provisions as soon as possible and HUD will be shielded from litigation over the failure of any PHA or Section owner to implement the provisions VAWA 2005 requires, among other things, that PHAs to request that an individual certify via a HUD approved certification form that the individual is a victim of domestic violence, dating violence, or stalking, and that the incident or incidents in question are bona fide incidents of the actual or threatened abuse. The certification must include the name of the perpetrator. The individual must also provide the certification within 14 business days after the PHA requests the certification. If the individual does not provide the certification within 14 business days after the PHA has requested the certification in writing, nothing prohibits any PHA from evicting any tenant or terminating a lease. A PHA may, at its discretion, extend the 14-day deadline.
Authorizing Statute(s):
None
Citations for New Statutory Requirements:
PL: Pub.L. 109 - 162 606 Name of Law: Violence Against Women and Department of Justice Reauthorization Act of 2005
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Certification of Domestic Violence, Dating Violence, or Stalking
HUD-XXX
Certification of Domestic Violence, Dating Violence, or Stalking
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
200
0
200
0
0
0
Annual Time Burden (Hours)
200
0
200
0
0
0
Annual Cost Burden (Dollars)
4,800
0
4,800
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Pris Banks 202 708-0614 ext. 4224
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
11/16/2006