Title 24: Housing and Urban Development
(a) Who is eligible? (1) Basic eligibility. An applicant must meet all eligibility requirements in order to receive housing assistance. At a minimum, the applicant must be a family, as defined in §5.403 of this title, and must be income-eligible, as described in this section. Such eligible applicants include single persons.
(2) Low income limit. No family other than a low income family is eligible for admission to a PHA's public housing program.
(b) Income used for eligibility and targeting. Family annual income (see §5.609) is used both for determination of income eligibility under paragraph (a) and for PHA income targeting under §960.202
(c) Reporting. The PHA must comply with HUD-prescribed reporting requirements that will permit HUD to maintain the data, as determined by HUD, necessary to monitor compliance with income eligibility and targeting requirement.
(a) Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants.
(2) These policies shall provide for and include the following:
(i) Targeting admissions to extremely low income families as provided in paragraph (b) of this section.
(ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903).
(iii) Precluding admission of applicants whose habits and practices reasonably may be expected to have a detrimental effect on the residents or the project environment;
(iv) Objective and reasonable policies for selection by the PHA among otherwise eligible applicants, including requirements for applications and waiting lists (see 24 CFR 1.4), and for verification and documentation of information relevant to acceptance or rejection of an applicant, including documentation and verification of citizenship and eligible immigration status under 24 CFR part 5; and
(v) Policies of participant transfer between units, developments, and programs. For example, a PHA could adopt a criterion for voluntary transfer that the tenant had met all obligations under the current program, including payment of charges to the PHA.
(b) Targeting admissions to extremely low income families —(1) Targeting requirement. (i) Not less than 40 percent of the families admitted to a PHA's public housing program during the PHA fiscal year from the PHA waiting list shall be extremely low income families. This is called the “basic targeting requirement.”
(ii) To the extent provided in paragraph (b)(2) of this section, admission of extremely low income families to the PHA's Section 8 voucher program during the same PHA fiscal year is credited against the basic targeting requirement.
(iii) A PHA must comply with both the targeting requirement found in this part and the deconcentration requirements found in part 903 of this chapter.
(2) Credit for admissions to PHA voucher program. (i) If admissions of extremely low income families to the PHA's voucher program during a PHA fiscal year exceeds the 75 percent minimum targeting requirement for the PHA's voucher program (see 24 CFR 982.201(b)(2)), such excess shall be credited (subject to the limitations in paragraph (b)(2)(ii) of this section) against the PHA's basic targeting requirement for the same fiscal year.
(ii) The fiscal year credit for voucher program admissions that exceed the minimum voucher program targeting requirement shall not exceed the lower of:
(A) Ten percent of public housing waiting list admissions during the PHA fiscal year;
(B) Ten percent of waiting list admission to the PHA's Section 8 tenant-based assistance program during the PHA fiscal year; or
(C) The number of qualifying low income families who commence occupancy during the fiscal year of PHA public housing units located in census tracts with a poverty rate of 30 percent or more. For this purpose, qualifying low income family means a low income family other than an extremely low income family.
(c) Adoption and availability of tenant selection policies. These selection policies shall:
(1) Be duly adopted and implemented;
(2) Be publicized by posting copies thereof in each office where applications are received and by furnishing copies to applicants or tenants upon request, free or at their expense, at the discretion of the PHA; and
(3) Be consistent with the fair housing and equal opportunity provisions of §5.105 of this title; and
(4) Be submitted to the HUD field office upon request from that office.
(a) Establishment of PHA local preferences. (1) The PHA may adopt a system of local preferences for selection of families admitted to the PHA's public housing program. The PHA system of selection preferences must be based on local housing needs and priorities as determined by the PHA. In determining such needs and priorities, the PHA shall use generally accepted data sources. Such sources include public comment on the PHA plan (as received pursuant to §903.17 of this chapter), and on the consolidated plan for the relevant jurisdiction (as received pursuant to part 91 of this title).
(2) The PHA may limit the number of applicants that qualify for any local preference.
(3) PHA adoption and implementation of local preferences is subject to HUD requirements concerning income-targeting (§960.202(b)), deconcentration and income-mixing (§903.7), and selection preferences for developments designated exclusively for elderly or disabled families or for mixed population developments (§960.407).
(4) The PHA must inform all applicants about available preferences and must give applicants an opportunity to show that they qualify for available preferences.
(b) Particular local preferences —(1) Residency requirements or preferences. (i) Residency requirements are prohibited. Although a PHA is not prohibited from adopting a residency preference, the PHA may only adopt or implement residency preferences in accordance with non-discrimination and equal opportunity requirements listed at §5.105(a) of this title.
(ii) A residency preference is a preference for admission of persons who reside in a specified geographic area (“residency preference area”). A county or municipality may be used as a residency preference area. An area smaller than a county or municipality may not be used as a residency preference area.
(iii) Any PHA residency preferences must be included in the statement of PHA policies that govern eligibility, selection and admission to the program, which is included in the PHA annual plan (or supporting documents) pursuant to part 903 of this chapter. Such policies must specify that use of a residency preference will not have the purpose or effect of delaying or otherwise denying admission to the program based on the race, color, ethnic origin, gender, religion, disability, or age of any member of an applicant family.
(iv) A residency preference must not be based on how long an applicant has resided or worked in a residency preference area.
(v) Applicants who are working or who have been notified that they are hired to work in a residency preference area must be treated as residents of the residency preference area. The PHA may treat graduates of, or active participants in, education and training programs in a residency preference area as residents of the residency preference area if the education or training program is designed to prepare individuals for the job market.
(2) Preference for working families. The PHA may adopt a preference for admission of working families (families where the head, spouse, or sole member, is employed). However, an applicant must be given the benefit of the working family preference if the head and spouse, or sole member is age 62 or older, or is a person with disabilities.
(3) Preference for person with disabilities. The PHA may adopt a preference for admission of families that include a person with disabilities. However, the PHA may not adopt a preference for persons with a specific disability.
(4) Preference for victims of domestic violence. The PHA should consider whether to adopt a local preference for admission of families that include victims of domestic violence.
(5) Preference for single persons who are elderly, displaced, homeless or a person with disabilities. The PHA may adopt a preference for admission of single persons who are age 62 or older, displaced, homeless, or persons with disabilities over other single persons.
(c) Selection for particular unit. In selecting a family to occupy a particular unit, the PHA may match characteristics of the family with the type of unit available, for example, number of bedrooms. In selection of families to occupy units with special accessibility features for persons with disabilities, the PHA must first offer such units to families which include persons with disabilities who require such accessibility features (see §§8.27 and 100.202 of this title).
(d) Housing assistance limitation for single persons. A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a resident family may not be provided a housing unit with two or more bedrooms.
(e) Selection method. (1) The PHA must use the following to select among applicants on the waiting list with the same priority for admission:
(i) Date and time of application; or
(ii) A drawing or other random choice technique.
(2) The method for selecting applicants must leave a clear audit trail that can be used to verify that each applicant has been selected in accordance with the method specified in the PHA plan.
(a) The PHA must promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination, and must provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination.
(b) When a determination has been made that an applicant is eligible and satisfies all requirements for admission, including the tenant selection criteria, the applicant must be notified of the approximate date of occupancy insofar as that date can be reasonably determined.
(a) Family obligation to supply information. (1) The family must supply any information that the PHA or HUD determines is necessary in administration of the public housing program, including submission of required evidence of citizenship or eligible immigration status (as provided by part 5, subpart E of this title). “Information” includes any requested certification, release or other documentation.
(2) The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or an interim reexamination of family income and composition in accordance with HUD requirements.
(3) For requirements concerning the following, see part 5, subpart B of this title:
(i) Family verification and disclosure of social security numbers;
(ii) Family execution and submission of consent forms for obtaining wage and claim information from State Wage Information Collection Agencies (SWICAs).
(4) Any information supplied by the family must be true and complete.
(b) Family release and consent. (1) As a condition of admission to or continued assistance under the program, the PHA shall require the family head, and such other family members as the PHA designates, to execute a consent form (including any release and consent as required under §5.230 of this title) authorizing any depository or private source of income, or any Federal, State or local agency, to furnish or release to the PHA or HUD such information as the PHA or HUD determines to be necessary.
(2) The use or disclosure of information obtained from a family or from another source pursuant to this release and consent shall be limited to purposes directly connected with administration of the program.
(c) PHA responsibility for reexamination and verification. (1) The PHA must obtain and document in the family file third party verification of the following factors, or must document in the file why third party verification was not available:
(i) Reported family annual income;
(ii) The value of assets;
(iii) Expenses related to deductions from annual income; and
(iv) Other factors that affect the determination of adjusted income or income-based rent.
This subpart establishes a preference for elderly families and disabled families for admission to mixed population public housing projects, as defined in §960.405.
(a) This subpart applies to all dwelling units in mixed population projects (as defined in §960.405), or portions of mixed population projects, assisted under the U.S. Housing Act of 1937. These projects formerly were known as elderly projects.
(b) This subpart does not apply to section 23 and section 10(c) leased housing projects or the section 23 Housing Assistance Payments Program where the owners enter into leases directly with the tenants, or to the Section 8 Housing Assistance Payments Program, the Low-Rent Housing Homeownership Opportunities Program (Turnkey III), the Mutual Help Homeownership Opportunities Program, or to Indian Housing Authorities. (For applicability to Indian Housing Authorities, see part 905 of this chapter.) Additionally, this subpart is not applicable to projects designated for elderly families or designated for disabled families in accordance with 24 CFR part 945.
(a) The PHA must give preference to elderly families and disabled families equally in determining priority for admission to mixed population developments. The PHA may not establish a limit on the number of elderly families or disabled families who may be accepted for occupancy in a mixed population development.
(b) In selecting elderly families and disabled families to occupy units in mixed population developments, the PHA must first offer units that have special accessibility features for persons with disabilities to families who include persons with disabilities who require the accessibility features of such units (see §§8.27 and 100.202 of this title).
[65 FR 16729, Mar. 29, 2000]
(b) Occupancy in public housing. For the purpose of increasing security for residents of a public housing development, the PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include in the PHA annual plan or supporting documents the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents.
(a) Declaration of policy
It is the policy of the United States—
(C) consistent with the objectives of this subchapter, to vest in public housing agencies that perform well, the maximum amount of responsibility and flexibility in program administration, with appropriate accountability to public housing residents, localities, and the general public;
(2) that the Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods;
(2) Rental payments for public housing families.—
(A) Authority for family to select.—
(i) In general.— A family residing in a public housing dwelling shall pay as monthly rent for the unit the amount determined under clause (i) or (ii) of subparagraph (B), subject to the requirement under paragraph (3) (relating to minimum rents). Each public housing agency shall provide for each family residing in a public housing dwelling unit owned, assisted, or operated by the agency to elect annually whether the rent paid by such family shall be determined under clause (i) or (ii) of subparagraph (B). A public housing agency may not at any time fail to provide both such rent options for any public housing dwelling unit owned, assisted, or operated by the agency.
(I) In general.— The monthly rental amount determined under this clause for a family shall be an amount, determined by the public housing agency, that does not exceed the greatest of the amounts (rounded to the nearest dollar) determined under subparagraphs (A), (B), and (C) of paragraph (1). This clause may not be construed to require a public housing agency to charge a monthly rent in the maximum amount permitted under this clause.
(4) Occupancy by police officers.—
(A) In general.— Subject to subparagraph (B) and notwithstanding any other provision of law, a public housing agency may, in accordance with the public housing agency plan for the agency, allow a police officer who is not otherwise eligible for residence in public housing to reside in a public housing dwelling unit. The number and location of units occupied by police officers under this paragraph and the terms and conditions of their tenancies shall be determined by the public housing agency.
(B) Increased security.— A public housing agency may take the actions authorized in subparagraph (A) only for the purpose of increasing security for the residents of a public housing project.
(C) Definition.— In this paragraph, the term “police officer” means any person determined by a public housing agency to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State, or local government or by any agency thereof (including a public housing agency having an accredited police force).
The United States Housing Act of 1937- Section 6
(1) In general
Notwithstanding any other provision of law, except as provided in subparagraph (C), the National Crime Information Center, police departments, and other law enforcement agencies shall, upon request, provide information to public housing agencies regarding the criminal conviction records of adult applicants for, or tenants of, covered housing assistance for purposes of applicant screening, lease enforcement, and eviction.
(B) Requests by owners of project-based section 8 [42 U.S.C. 1437f] housing
A public housing agency may make a request under subparagraph (A) for information regarding applicants for, or tenants of, housing that is provided project-based assistance under section 1437f of this title only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency obtain such information on behalf of the owner. Upon such a request by the owner, the agency shall make a request under subparagraph (A) for the information. The agency may not make such information available to the owner but shall perform determinations for the owner regarding screening, lease enforcement, and eviction based on criteria supplied by the owner.
A law enforcement agency described in subparagraph (A) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality.
Before an adverse action is taken with regard to assistance under this subchapter on the basis of a criminal record, the public housing agency shall provide the tenant or applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record.
A public housing agency may be charged a reasonable fee for information provided under paragraph (1). In the case of a public housing agency obtaining information pursuant to paragraph (1)(B) for another owner of housing, the agency may pass such fee on to the owner initiating the request and may charge additional reasonable fees for making the request on behalf of the owner and taking other actions for owners under this subsection.
Each public housing agency shall establish and implement a system of records management that ensures that any criminal record received by the public housing agency is—
(A) maintained confidentially;
(B) not misused or improperly disseminated; and
(C) destroyed, once the purpose for which the record was requested has been accomplished.
A public housing agency receiving information under this subsection may use such information only for the purposes provided in this subsection and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the agency and who has a job-related need to have access to the information in connection with admission of applicants, eviction of tenants, or termination of assistance. For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall, by regulation, establish procedures necessary to ensure that information provided under this subsection to a public housing agency is used, and confidentiality of such information is maintained, as required under this subsection. The Secretary shall establish standards for confidentiality of information obtained under this subsection by public housing agencies on behalf of owners.
The United States Housing Act of 1937- Section 5
(a) 5-year plan (1) In general Subject to paragraph (2), not less than once every 5 fiscal years, each public housing agency shall submit to the Secretary a plan that includes, with respect to the 5 fiscal years immediately following the date on which the plan is submitted - (A) a statement of the mission of the public housing agency for serving the needs of low-income and very low-income families in the jurisdiction of the public housing agency during such fiscal years; and (B) a statement of the goals and objectives of the public housing agency that will enable the public housing agency to serve the needs identified pursuant to subparagraph (A) during those fiscal years.
(2) Initial plan The initial 5-year plan submitted by a public housing agency under this subsection shall be submitted for the 5-year period beginning on October 1, 1999, or the first fiscal year thereafter for which the public housing agency initially receives assistance under this chapter. (b) Annual plan (1) In general Effective beginning upon October 1, 1999, each public housing agency shall submit to the Secretary an annual public housing agency plan under this subsection for each fiscal year for which the public housing agency receives assistance under section 1437f(o) or 1437g of this title. (2) Updates For each fiscal year after the initial submission of an annual plan under this subsection by a public housing agency, the public housing agency may comply with requirements for submission of a plan under this subsection by submitting an update of the plan for the fiscal year. (c) Procedures (1) In general The Secretary shall establish requirements and procedures for submission and review of plans, including requirements for timing and form of submission, and for the contents of such plans. (2) Contents The procedures established under paragraph (1) shall provide that a public housing agency shall - (A) in developing the plan consult with the resident advisory board established under subsection (e) of this section; and (B) ensure that the plan under this section is consistent with the applicable comprehensive housing affordability strategy (or any consolidated plan incorporating such strategy) for the jurisdiction in which the public housing agency is located, in accordance with title I of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12701 et seq.], and contains a certification by the appropriate State or local official that the plan meets the requirements of this paragraph and a description of the manner in which the applicable contents of the public housing agency plan are consistent with the comprehensive housing affordability strategy.
(d) Contents An annual public
housing agency plan under subsection (b) of this section for a public
housing agency shall contain the following information relating to
the upcoming fiscal year for which the assistance under this chapter
is to be made available: (1) Needs A statement of the housing needs
of low-income and very low-income families residing in the
jurisdiction served by the public housing agency, and of other
low-income and very low-income families on the waiting list of the
agency (including housing needs of elderly families and disabled
families), and the means by which the public housing agency intends,
to the maximum extent practicable, to address those needs. (2)
Financial resources A statement of financial resources available to
the agency and the planned uses of those resources. (3) Eligibility,
selection, and admissions policies A statement of the policies
governing eligibility, selection, admissions (including any
preferences), assignment, and occupancy of families with respect to
public housing dwelling units and housing assistance under section
1437f(o) of this title, including - (A) the procedures for
maintaining waiting lists for admissions to public housing projects
of the agency, which may include a system of site-based waiting lists
under section 1437d(r) of this title; and (B) the admissions policy
under section 1437n(a)(3)(B) of this title for deconcentration of
lower-income families. (4) Rent determination A statement of the
policies of the public housing agency governing rents charged for
public housing dwelling units and rental contributions of families
assisted under section 1437f(o) of this title. (5) Operation and
management A statement of the rules, standards, and policies of the
public housing agency governing maintenance and management of housing
owned, assisted, or operated by the public housing agency (which
shall include measures necessary for the prevention or eradication of
pest infestation, including by cockroaches), and management of the
public housing agency and programs of the public housing agency. (6)
Grievance procedure A statement of the grievance procedures of the
public housing agency. (7) Capital improvements With respect to
public housing projects owned, assisted, or operated by the public
housing agency, a plan describing the capital improvements necessary
to ensure long-term physical and social viability of the projects.
(8) Demolition and disposition With respect to public housing
projects owned by the public housing agency - (A) a description of
any housing for which the PHA will apply for demolition or
disposition under section 1437p of this title; and (B) a timetable
for the demolition or disposition. (9) Designation of housing for
elderly and disabled families With respect to public housing projects
owned, assisted, or operated by the public housing agency, a
description of any projects (or portions thereof) that the public
housing agency has designated or will apply for designation for
occupancy by elderly and disabled families in accordance with section
1437e of this title. (10) Conversion of public housing With respect
to public housing owned by a public housing agency - (A) a
description of any building or buildings that the public housing
agency is required to convert to tenant-based assistance under
section 1437z-5 of this title or that the public housing agency plans
to voluntarily convert under section 1437t of this title; (B) an
analysis of the projects or buildings required to be converted under
section 1437z-5 of this title; and (C) a statement of the amount of
assistance received under this chapter to be used for rental
assistance or other housing assistance in connection with such
conversion. (11) Homeownership A description of any homeownership
programs of the agency under section 1437f(y) of this title or for
which the public housing agency has applied or will apply for
approval under section 1437z-4 of this title. (12) Community service
and self-sufficiency A description of - (A) any programs relating to
services and amenities provided or offered to assisted families; (B)
any policies or programs of the public housing agency for the
enhancement of the economic and social self-sufficiency of assisted
families; (C) how the public housing agency will comply with the
requirements of subsections (c) and (d) of section 1437j of this
title (relating to community service and treatment of income changes
resulting from welfare program requirements). (13) Safety and crime
prevention A plan established by the public housing agency, which
shall be subject to the following requirements: (A) Safety
measures The plan shall provide, on a project-by-project or
jurisdiction-wide basis, for measures to ensure the safety of public
housing residents. (B) Establishment The plan shall be established in
consultation with the police officer or officers in command for the
appropriate precinct or police department. (C) Content The plan shall
describe the need for measures to ensure the safety of public housing
residents and for crime prevention measures, describe any such
activities conducted or to be conducted by the agency, and provide
for coordination between the agency and the appropriate police
precincts for carrying out such measures and activities. (D)
Secretarial action: If the Secretary determines, at any time, that
the security needs of a project are not being adequately addressed by
the plan, or that the local police precinct is not complying with the
plan, the Secretary may mediate between the public housing agency and
the local precinct to resolve any issues of conflict. (14) Pets: The
requirements of the agency, pursuant to section 1437z-3 of this
title, relating to pet ownership in public housing. (15) Civil rights
certification A certification by the public housing agency that the
public housing agency will carry out the public housing agency plan
in conformity with title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d
et seq.], the Fair Housing Act [42
U.S.C. 3601 et
seq.], section 504 of the Rehabilitation Act of 1973 [29
U.S.C. 794],
and title II of the Americans with Disabilities Act of 1990 [42
U.S.C. 12131 et
seq.], and will affirmatively further fair housing. (16) Annual audit
The results of the most recent fiscal year audit of the public
housing agency under section 1437c(h)(2) of this title. (17) Asset
management A statement of how the agency will carry out its asset
management functions with respect to the public housing inventory of
the agency, including how the agency will plan for the long-term
operating, capital investment, rehabilitation, modernization,
disposition, and other needs for such inventory. (18) Other any other
information required by law to be included in a public housing agency
plan. (e) Resident advisory board (1) In general Except as provided
in paragraph (3), each public housing agency shall establish 1 or
more resident advisory boards in accordance with this subsection, the
membership of which shall adequately reflect and represent the
residents assisted by the public housing agency. (2) Functions: Each
resident advisory board established under this subsection by a public
housing agency shall assist and make recommendations regarding the
development of the public housing agency plan for the agency.
The
agency shall consider the recommendations of the resident advisory
boards in preparing the final public housing agency plan, and shall
include, in the public housing agency plan submitted to the Secretary
under this section, a copy of the recommendations and a description
of the manner in which the recommendations were addressed. (3) Waiver
The Secretary may waive the requirements of this subsection with
respect to the establishment of resident advisory boards for a public
housing agency if the agency demonstrates to the satisfaction of the
Secretary that there exist resident councils or other resident
organizations of the public housing agency that - (A) adequately
represent the interests of the residents of the public housing
agency; and (B) have the ability to perform the functions described
in paragraph (2). (f) (1) Notice and hearing (1) In general In
developing a public housing agency plan under this section, the board
of directors or similar governing body of a public housing agency
shall conduct a public hearing to discuss the public housing agency
plan and to invite public comment regarding that plan. The hearing
shall be conducted at a location that is convenient to residents. (2)
Availability of information and notice Not later than 45 days before
the date of a hearing conducted under paragraph (1), the public
housing agency shall - (A) make the proposed public housing agency
plan and all information relevant to the hearing and proposed plan
available for inspection by the public at the principal office of the
public housing agency during normal business hours; and (B) publish a
notice informing the public that - (i) that the information is
available as required under subparagraph (A); and (ii) that a public
hearing under paragraph (1) will be conducted. (3) Adoption of plan A
public housing agency may adopt a public housing agency plan and
submit the plan to the Secretary in accordance with this section only
after - (A) conducting a public hearing under paragraph (1); (B)
considering all public comments received; and (C) making any
appropriate changes in the public housing agency plan, in
consultation with the resident advisory board. (4) Advisory board
consultation enforcement Pursuant to a written request made by the
resident advisory board for a public housing agency that documents a
failure on the part of the agency to provide adequate notice and
opportunity for comment under this subsection and a finding by the
Secretary of good cause within the time period provided for in
subsection (i)(4) of this section, the Secretary may require the
public housing agency to adequately remedy such failure before final
approval of the public housing agency plan under this section. (g)
Amendments and modifications to plans (1) In general Except as
provided in paragraph (2), nothing in this section shall preclude a
public housing agency, after submitting a plan to the Secretary in
accordance with this section, from amending or modifying any policy,
rule, regulation, or plan of the public housing agency, except that a
significant amendment or modification may not - (A) be adopted, other
than at a duly called meeting of board of directors (or similar
governing body) of the public housing agency that is open to the
public; and (B) be implemented, until notification of the amendment
or modification is provided to the Secretary and approved in
accordance with subsection (i) of this section. (2) Consistency and
notice Each significant amendment or modification to a public housing
agency plan submitted to the Secretary under this section shall - (A)
meet the requirements under subsection (c)(2) of this section
(relating to consultation with resident advisory board and
consistency with comprehensive housing affordability strategies); and
(B) be subject to the notice and public hearing requirements of
subsection (f) of this section. (h) Submission of plans (1) Initial
submission Each public housing agency shall submit the initial plan
required by this section, and any amendment or modification to the
initial plan, to the Secretary at such time and in such form as the
Secretary shall require. (2) Annual submission Not later than 75 days
before the start of the fiscal year of the public housing agency,
after submission of the initial plan required by this section in
accordance with subparagraph (A), each public housing agency shall
annually submit to the Secretary a plan update, including any
amendments or modifications to the public housing agency plan. (i)
Review and determination of compliance (1) Review Subject to
paragraph (2), after submission of the public housing agency plan or
any amendment or modification to the plan to the Secretary, to the
extent that the Secretary considers such action to be necessary to
make determinations under this paragraph, the Secretary shall review
the public housing agency plan (including any amendments or
modifications thereto) and determine whether the contents of the plan
- (A) set forth the information required by this section and this
chapter to be contained in a public housing agency plan; (B) are
consistent with information and data available to the Secretary,
including the approved comprehensive housing affordability strategy
under title I of the Cranston-Gonzalez National Affordable Housing
Act [42
U.S.C. 12701 et
seq.] for the jurisdiction in which the public housing agency is
located; and (C) are not prohibited by or inconsistent with any
provision of this subchapter or other applicable law. (2) Elements
exempted from review
The Secretary may, by
regulation, provide that one or more elements of a public housing
agency plan shall be reviewed only if the element is challenged,
except that the Secretary shall review the information submitted in
each plan pursuant to paragraphs (3)(B), (8), and (15) of subsection
(d) of this section. (3) Disapproval The Secretary may disapprove a
public housing agency plan (or any amendment or modification thereto)
only if Secretary determines that the contents of the plan (or
amendment or modification) do not comply with the requirements under
subparagraph (A) through (C) of paragraph (1). (4) Determination of
compliance (A) In general Except as provided in subsection (j)(2) of
this section, not later than 75 days after the date on which a public
housing agency plan is submitted in accordance with this section, the
Secretary shall make the determination under paragraph (1) and
provide written notice to the public housing agency if the plan has
been disapproved.
If the Secretary disapproves the plan,
the notice shall state with specificity the reasons for the
disapproval. (B) Failure to provide notice of disapproval In the case
of a plan disapproved, if the Secretary does not provide notice of
disapproval under subparagraph (A) before the expiration of the
period described in subparagraph (A), the Secretary shall be
considered, for purposes of this chapter, to have made a
determination that the plan complies with the requirements under this
section and the agency shall be considered to have been notified of
compliance upon the expiration of such period.
The
preceding sentence shall not preclude judicial review regarding such
compliance pursuant to chapter 7 of title 5 or an action regarding
such compliance under section 1983 of this title. (5) Public
availability A public housing agency shall make the approved plan of
the agency available to the general public. (j) Troubled and at-risk
PHAs (1) In general The Secretary may require, for each public
housing agency that is at risk of being designated as troubled under
section 1437d(j)(2) of this title or is designated as troubled under
section 1437d(j)(2) of this title, that the public housing agency
plan for such agency include such additional information as the
Secretary determines to be appropriate, in accordance with such
standards as the Secretary may establish or in accordance with such
determinations as the Secretary may make on an agency-by-agency
basis. (2) Troubled agencies The Secretary shall provide explicit
written approval or disapproval, in a timely manner, for a public
housing agency plan submitted by any public housing agency designated
by the Secretary as a troubled public housing agency under section
1437d(j)(2) of this title. (k) Streamlined plan In carrying out this
section, the Secretary may establish a streamlined public housing
agency plan for - (A) public housing agencies that are determined by
the Secretary to be high performing public housing agencies; (B)
public housing agencies with less than 250 public housing units that
have not been designated as troubled under section 1437d(j)(2) of
this title; and (C) public housing agencies that only administer
tenant-based assistance and that do not own or operate public
housing. (l) Compliance with plan (1) In general In providing
assistance under this subchapter, a public housing agency shall
comply with the rules, standards, and policies established in the
public housing agency plan of the public housing agency approved
under this section. (2) Investigation and enforcement In carrying out
this subchapter, the Secretary shall - (A) provide an appropriate
response to any complaint concerning noncompliance by a public
housing agency with the applicable public housing agency plan; and
(B) if the Secretary determines, based on a finding of the Secretary
or other information available to the Secretary, that a public
housing agency is not complying with the applicable public housing
agency plan, take such actions as the Secretary determines to be
appropriate to ensure such compliance.
OMB 83-I 10/95
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Arlette Annette Mussington |
| File Modified | 0000-00-00 |
| File Created | 2021-02-01 |