DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7083-N-02]
60-Day Notice of Proposed Information Collection; Affirmative Fair Housing Marketing
Plan – HUD 935.2A, HUD 935.2B, and HUD 935.2C; OMB Control Number: 2529-0013
AGENCY:
ACTION:

Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD.
Notice.

SUMMARY: This notice solicits public comment for a period of 60 days, consistent with the
Paperwork Reduction Act of 1995 (PRA), on the Affirmative Fair Housing Marketing Plan
(AFHMP) forms. The AFHMP forms collect information on the advertising and outreach
activities of owners/developers of HUD Multifamily, Single Family, and
Condominium/Cooperative Housing projects to attract applicants/buyers that are least likely to
apply due to their race, color, national origin, religion, sex (including sexual orientation and
gender identity), disability, or familial status. The purpose of this notice is to allow for 60 days of
public comment.
DATES:

Comment Due Date: [INSERT DATE 60 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER.]
ADDRESSES: Interested persons are invited to submit comments regarding this notice to
Colette Pollard, Reports Management Officer, REE, Department of Housing and Urban
Development, 451 7th Street, SW, Room 8120, Washington, DC 20410. Communications must
refer to the above docket number and title. There are two methods for submitting public
comments.
1. Submission of Comments by Mail. Comments may be submitted by mail to Colette
Pollard, REE, Department of Housing and Urban Development, 451 7th Street, SW,
Room 8120, Washington, DC 20410;
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 website 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 notice. Facsimile (FAX) comments are not acceptable.
FOR FURTHER INFORMATION CONTACT:

Jacy Gaige, Acting Director, Office of

Enforcement, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban
Development, 451 7th Street, SW, Room 7272, Washington, DC 20410; telephone (202) 4021481 (This is not a toll-free number). HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone call,
please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION:
This notice informs the public that HUD is seeking approval from OMB for the
information collection described in Section A.
A. Overview of Information Collection
Title of Information Collection:
Affirmative Fair Housing Marketing Plan – HUD 935.2A, HUD 935.2B, and HUD
935.2C.
OMB Approval Number: 2529-0013.
Type of Request: Revision of a currently approved collection.
Form Number: HUD 935.2A, HUD 935.2B, HUD 935.2C

Description of the need for the information and proposed use:
HUD is requesting that the OMB approve the revision of forms: HUD-935.2A
Affirmative Fair Housing Marketing Plan – Multifamily Housing, HUD-935.2B Affirmative Fair
Housing Marketing Plan – Single Family Housing, and HUD-935.2C Affirmative Fair Housing
Marketing Plan – Condominiums or Cooperatives. These forms assist HUD in fulfilling its duty
under the Fair Housing Act to administer its programs and activities relating to housing and
urban development in a manner that affirmatively furthers fair housing, by promoting a condition
in which individuals of similar income levels in the same housing market area have available a
like range of housing choices, regardless of race, color, national origin, religion, sex (including
sexual orientation and gender identity), disability, or familial status. These forms assist HUD
grantees and insured housing with their compliance with the Fair Housing Act and other civil
rights requirements. This collection also promotes compliance with Executive Order 11063,
which requires Federal agencies to take all necessary and appropriate action to prevent
discrimination in federally insured and subsidized housing. Under the Affirmative Fair Housing
Marketing Regulations (24 CFR part 200, subpart M), an AFHMP must be submitted by all
applicants for participation in Federal Housing Administration (FHA) subsidized and
unsubsidized housing programs that involve the development or rehabilitation of the following
types of housing:

(1) multifamily projects or manufactured home parks of five or more lots,

units, or spaces; (2) a single family property, where the property is located in a subdivision and
the builder or developer intends to sell five or more properties in the subdivision, and a lender is
making an initial application for mortgage insurance; or (3) dwelling units, when the applicant’s
participation in FHA housing programs had exceeded or would thereby exceed the development
of five or more of such dwelling units during the year preceding the application (not counting the
development of single family dwelling units for occupancy by a mortgagor on property owned
by the mortgagor and in which the applicant had no interest prior to entering into the contract for
construction or rehabilitation). The regulations require applicants to submit the AFHMP on a

form prescribed by the Department (i.e., HUD-935A; HUD-935B and HUD 935-C).

If this

information was not collected, it would prevent HUD from ensuring compliance with affirmative
fair housing marketing requirements.
HUD is revising the HUD-935.2A to clarify the instructions involving marketing
activities and reduce the need to provide information that has already been reported to HUD. The
revision also substantially reduces the burden hours of completing the form using Microsoft
Excel to automate the retrieval of project demographics and geocoded Census data once users
enter an existing nine-digit Property ID.
Respondents: Applicants for FHA subsidized and unsubsidized housing programs.
Estimated Number of Respondents: 5,703 For the HUD 935.2A: On an annual basis, there
are approximately 303 respondents that submit new plans and 1,080 respondents that
review their existing plans and submit updated plans. There are 4,320 respondents who
will review their AFHMP and determine that it does not need to be submitted for HUD
approval.
For HUD 935.2.B & C: On an annual basis, there are approximately 30 respondents
that submit new plans.
Estimated Number of Responses: 5,733.
Frequency of Response: 1 per annum.
Average Hours per Response: The average hours per response is 2.7 hours. (For HUD935.2A, the hours per response are: 4 hours (new plans) and 2 hours (to review and
update plans. Census data needed for updates are now automated) and 2 hours (review
only, i.e., those who review and determine that an update is not needed). For HUD935.2B & C, the hours per response is 3 hours (average hours between those that will
certify that they do not need to complete the form and those that will complete the form).
Total Estimated Burden: 12,102 hours.

Information
Collection

Number of
Respondents

Frequency
of
Response

Responses
Per
Annum

Burden
Hour Per
Response

Annual
Burden
Hours

HUD-935.2A
(MFH)

5,703

5,703

New
4x303

New
1,212

Review &
Update
2x1,080

Review
&
Update
2, 160

Review
2x4,320

Review
8,640

Hourly Cost
Per
Response

Annual Cost

Respondents Respondents
$40/hr New =
(professional ($40x4x303) +
work) ($18x2x303) =
$59,388
$18/hr
(clerical Updates =
work) ($40x2x1,080)
+
$1.35 per ($18x2x$1,080)
report = $125,280
mailing
Reviews =
($40x2x4,320)
=$345,600
Mailing Costs
= $1.35x100
= $135
Annual Cost =
$59,388
+$125,280 +
$345,600 +
$135 =
$530,403
Government

Government

$40.45/hr* New =
(professional ($40.45x3x303)
work) + ($18.40x0.5x
303) =
$18.40/hr** $39,556.65
(clerical
work) Reviews &
Updates =
($40.45x3x
1,080) +
($18.40x0.5x
1,080) =
$140,994
Annual Cost =
$39,556.65+
$140,994 =
$180,550.65
HUD-935.2B
(SFH) & C

1

3

Respondents Respondents

(Condos and
Co-Ops)

$40/hr ($40x3x30) +
(professional ($18x2x30) =
work) $4,680
$18/hr $1.35x0 = $0
(clerical
work) Annual Cost =
$4,680 + $0 =
$1.35 per $4,680
report
mailing
Government
Government
Annual Cost =
$40.42/hr ($40.42x3x30)
(professional + ($18.40x0.5x
30) = $3,918.8
work)
$18.40/hr
(clerical
work)

Total

5,733

1 each

5,733

Avg. of
3.5

12,102

Avg. of Respondents
$17.84
$535,083
Government
$184,469.49

*Base rate for GS 12 Step 5 ($40.42/hr) based on the salary information available on OPM.gov.
**Base rate for GS 5 step 5 ($18.40/hr) based on the salary information available on OPM.gov.

Solicitation of Public Comment
In accordance with 5 CFR 1320.8(d)(1), HUD is specifically soliciting comment from
members of the public and affected parties concerning the collection of information described in
Section A on the following:
(1) 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;
(2) The accuracy of the agency's estimate of the burden of the proposed collection of
information;
(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 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 responses.
HUD encourages interested parties to submit comments in response to these questions.
Charles McNally,
Director of Program Standards and Compliance,
Office of Fair Housing and Equal Opportunity.
[FR Doc. 2024-13987 Filed: 6/25/2024 8:45 am; Publication Date: 6/26/2024]