60-Day Notice of Proposed Information Collection: Implementation of the
VAWA Reauthorization Act of 2013
HUD recently published in the Federal Register a 60-Day Notice of Proposed Information Collection: Implementation of the VAWA Reauthorization Act of 2013. HUD is solicitating comments on five key questions, particularly seeking member input on questions 4 and 5:
- 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;
- The accuracy of the agency’s estimate of the burden of the proposed collection of information;
- Ways to enhance the quality, utility, and clarity of the information to be collected;
- 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 response; and
- HUD seeks comment on the implementation of the requirement that covered housing providers must keep a record of all emergency transfers requested under its emergency transfer plan, and the outcomes of such requests, and that such data must be reported to HUD annually. Specifically, is HUD’s list of potential outcomes adequate or are there outcomes that should be added or modified? Further, HUD proposes to collect data on the ‘‘length of time’’ for emergency transfers to be implemented? Should a covered housing provider only measure from when the emergency transfer was requested to approval/denial and/or should it be measured to move-in date? If a victim is issued a Housing Choice Voucher (HCV) because of their emergency transfer request, should the length of time be measured from request to voucher issuance and/or lease-up date? Should covered housing providers be able to explain the circumstances that affected the length of time for emergency transfers (e.g., the victim turned down offered units due to safety concerns?)
Members can also submit their feedback to HUD by January 3, 2023.
Request for Member Feedback on Proposed Changes to OCAF Methodology
HUD is also seeking public input on two proposed technical changes to its OCAF calculation method:
- Vintage of data.
To calculate the inflation factor for each of the nine cost components that comprise the OCAF, HUD uses year-over-year data, pulling data as of May of each year. Beginning with the 2024 OCAFs, HUD will begin to pull data in August of each year, to reduce the time lag between when OCAFs are calculated and when they go into effect.
***Note: To provide for OCAFs that are relatively generous in 2023, given historically high inflation levels, HUD calculated the cost component inflation factor for most of the cost components using a time period that exceeds 1 year. HUD used the most recent available data at the time of calculation for the numerator. For the denominator, HUD used the figure for the time period that was used in the calculation of the 2022 OCAFs. Going forward, HUD will revert to using year over-year data for each component, subject to data availability.***
- Insurance component data source.
To calculate the inflation factor for the insurance component, HUD has used the Bureau of Labor Statistics Consumer Price Index, Tenants and Household Insurance Index. Beginning with the 2023 OCAFs, HUD instead uses the industry data for Direct property and casualty insurers-Commercial multiple peril insurance series from the Bureau of Labor Statistics, Producer Price Index, as it is the best metric for insurance costs for properties of leased rental housing.
With respect to these proposed changes to OCAF methodology, HUD will consider all comments submitted by December 15, 2022. Unless HUD receives comment that would lead to the reconsideration of these proposed changes, the changes will become effective on February 11, 2023. If HUD receives adverse comment that leads to reconsideration, HUD will notify the public via a revised notice issued immediately following the close of the comment period.