42 U.S.C. § 1437c-1 : US Code - Section 1437C-1: Public housing agency plans

Search 42 U.S.C. § 1437c-1 : US Code - Section 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
The 5-year plan shall include a statement by any public housing
agency of the goals, objectives, policies, or programs that will
enable the housing authority to serve the needs of child and
adult victims of domestic violence, dating violence, sexual
assault, or stalking.
(3) 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) 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
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.
(15) Pets
The requirements of the agency, pursuant to section 1437z-3 of
this title, relating to pet ownership in public housing.
(16) 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.
(17) Annual audit
The results of the most recent fiscal year audit of the public
housing agency under section 1437c(h)(2) of this title.
(18) 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.
(19) 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.