42 USC 1437c-1 - Public housing agency plans

U.S Code last checked for updates: Nov 24, 2024

§ 1437c–1.

Public housing agency plans

(a)

5-year plan

(1)

In general

Subject to paragraph (3), 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)

Statement of goals

(3)

Initial plan

(b)

Annual plan

(1)

In general

(2)

Updates

(3)

Exemption of certain PHAs from filing requirement

(A)

In general

Notwithstanding paragraph (1) or any other provision of this chapter—

(i)

the requirement under paragraph (1) shall not apply to any qualified public housing agency; and

(ii)

except as provided in subsection (e)(4)(B), any reference in this section or any other provision of law to a “public housing agency” shall not be considered to refer to any qualified public housing agency, to the extent such reference applies to the requirement to submit an annual public housing agency plan under this subsection.

(B)

Civil rights certification

(C)

Definition

For purposes of this section, the term “qualified public housing agency” means a public housing agency that meets the following requirements:

(i)

The sum of (I) the number of public housing dwelling units administered by the agency, and (II) the number of vouchers under section 1437f(o) of this title administered by the agency, is 550 or fewer.

(ii)

The agency is not designated under section 1437d(j)(2) of this title as a troubled public housing agency, and does not have a failing score under the section 8 [42 U.S.C. 1437f] Management Assessment Program during the prior 12 months.

(c)

Procedures

(1)

In general

(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); 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) 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

(2)

Financial 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

(5)

Operation and management

(6)

Grievance procedure

(7)

Capital improvements

(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

(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

(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)

Domestic violence, dating violence, sexual assault, or stalking programs

A description of—

(A)

any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking;

(B)

any activities, services, or programs provided or offered by a public housing agency that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and

(C)

any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families.

(14)

Safety and crime prevention

A plan established by the public housing agency, which shall be subject to the following requirements:

(A)

Safety measures

(B)

Establishment

(C)

Content

(D)

Secretarial action

(15)

Pets

(16)

Civil rights certification

(17)

Annual audit

(18)

Asset management

(19)

Other

(e)

Resident advisory board

(1)

In general

(2)

Functions

(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).

(4)

Qualified public housing agencies

(A)

In general

(B)

Applicability of waiver authority

(f)

Public hearings

(1)

In general

(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 1

 So in original. The word “that” probably should not appear.

the information is available as required under subparagraph (A); and

(ii)

that ¹ 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

(5)

Qualified public housing agencies

(A)

Requirement

Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to conduct a public hearing regarding the annual public housing plan of the agency, each qualified public housing agency shall annually conduct a public hearing—

(i)

to discuss any changes to the goals, objectives, and policies of the agency; and

(ii)

to invite public comment regarding such changes.

(B)

Availability of information and notice

Not later than 45 days before the date of any hearing described in subparagraph (A), a qualified public housing agency shall—

(i)

make all information relevant to the hearing and any determinations of the agency regarding changes to the goals, objectives, and policies of the agency to be considered at the hearing available for inspection by the public at the principal office of the public housing agency during normal business hours; and

(ii)

publish a notice informing the public that—

(I)

the information is available as required under clause (i); and

(II)

a public hearing under subparagraph (A) will be conducted.

(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).

(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) (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).

(h)

Submission of plans

(1)

Initial submission

(2)

Annual submission

(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

(3)

Disapproval

(4)

Determination of compliance

(A)

In general

(B)

Failure to provide notice of disapproval

(5)

Public availability

(j)

Troubled and at-risk PHAs

(1)

In general

(2)

Troubled agencies

(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

(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.

(Sept. 1, 1937, ch. 896, title I, § 5A, as added Pub. L. 105–276, title V, § 511(a), Oct. 21, 1998, 112 Stat. 2531; amended Pub. L. 109–162, title VI, § 603, Jan. 5, 2006, 119 Stat. 3040; Pub. L. 110–289, div. B, title VII, § 2702, July 30, 2008, 122 Stat. 2863.)

cite as: 42 USC 1437c-1