§ 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—
(b)
Annual plan
(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.
(3)
Exemption of certain PHAS from filing requirement
(A)
In general
Notwithstanding paragraph (1) or any other provision of this chapter—
(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
Notwithstanding that qualified public housing agencies are exempt under subparagraph (A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall, on an annual basis, make the certification described in paragraph (16) of subsection (d), except that for purposes of such qualified public housing agencies, such paragraph shall be applied by substituting “the public housing program of the agency” for “the public housing agency plan”.
(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—
(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.
(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
(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
(12)
Community service and self-sufficiency
A description of—
(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;
(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.
(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.
(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—
(4)
Qualified public housing agencies
(A)
In general
Except as provided in subparagraph (B), nothing in this section may be construed to exempt a qualified public housing agency from the requirement under paragraph (1) to establish 1 or more resident advisory boards. Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall consult with, and consider the recommendations of the resident advisory boards for the agency, at the annual public hearing required under subsection (f)(5), regarding any changes to the goals, objectives, and policies of that agency.
(B)
Applicability of waiver authority
Paragraph (3) shall apply to qualified public housing agencies, except that for purposes of such qualified public housing agencies, subparagraph (B) of such paragraph shall be applied by substituting “the functions described in the second sentence of paragraph (4)(A)” for “the functions described in paragraph (2)”.
(f)
Public hearings
(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—
(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—
(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.
(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—
(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
(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—
(2)
Consistency and notice
Each significant amendment or modification to a public housing agency plan submitted to the Secretary under this section shall—
(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
(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.
(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.
(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;
(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.
[1] So in original. The word “that” probably should not appear.