[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Notices]
[Pages 64826-64827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24783]



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Part III





Department of Housing and Urban Development





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Further Annual Plan Deregulation for High-Performing Public Housing 
Agencies; Notice

  Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4829-N-01]


Further Annual Plan Deregulation for High-Performing Public 
Housing Agencies

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice.

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SUMMARY: This notice provides for further simplification of the annual 
plan (Annual Plan) requirements for high-performing public housing 
agencies (PHAs), in accordance with HUD regulations. HUD's regulations 
governing the Annual Plan establish streamlined information 
requirements for high-performing PHAs and authorize HUD to further 
reduce the requirements with adequate notice. Accordingly, this notice 
provides that the Annual Plan submitted by a high-performing PHA need 
only address policies concerning capital improvements and the civil 
rights certification plus certain discretionary policies for which 
there is no HUD approval mechanism other than the Annual Plan. For 
other policies, the PHA would only be required to submit a 
certification listing the policies the PHA has revised since submission 
of its last Annual Plan. In addition, a high-performing PHA would be 
required to provide certain other assurances regarding resident 
participation in the development of the revised policies. Every fifth 
fiscal year, in the same year the PHA submits its five-year plan (Five-
Year Plan), the high-performing PHA would be required to submit a more 
detailed Annual Plan.

DATES: Effective Date: November 8, 2004.

FOR FURTHER INFORMATION CONTACT: Bessy Kong, Acting Deputy Assistant 
Secretary for Policy, Program and Legislative Initiatives; Department 
of Housing and Urban Development; 451 Seventh Street, SW., Room 4116; 
Washington, DC 20410-5000; telephone (202) 708-0713 (this is not a 
toll-free number). Persons with hearing or speech impairments may 
access this number through TTY by calling the toll-free Federal 
Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    The PHA plan process provides public housing residents, 
participants in the tenant-based assistance programs, and other members 
of the public a source to refer to basic PHA policies, rules, and 
requirements concerning the PHA's operations, programs, and services. 
The PHA plan process was established by section 5A of the United States 
Housing Act of 1937 (1937 Act) (42 U.S.C. 1437 et seq.). Through a 
Five-Year Plan and an Annual Plan, a PHA advises its residents, members 
of the public, and HUD of the PHA's mission and strategy for serving 
low-income and very low-income families. HUD's regulations for the PHA 
plans are located at 24 CFR part 903.
    HUD's regulations at Sec.  903.11 currently allow a PHA that is 
designated to be high-performing, as of the most recent annual or 
interim public housing assessment system (PHAS) assessment to submit a 
streamlined Annual Plan. In addition, Sec.  903.11(c) authorizes HUD to 
reduce further the information requirements of the streamlined Annual 
Plans with adequate notice. In accordance with Sec.  903.11(c), this 
notice provides for further simplification of the PHA Annual Plan 
requirements for high-performing PHAs. This notice will establish 
streamlined Annual Plan submission requirements for high-performing 
PHAs identical to the streamlined Annual Plan procedures for small PHAs 
that HUD has established through rulemaking (see the final rule 
published on June 24, 2003, at 68 FR 37664 and codified at Sec.  
903.12).
    The Annual Plan requirements for most PHAs will be simplified. 
Under the final rule for small PHAs, PHAs that operate fewer than 250 
public housing units and are not designated as troubled under the PHAS 
will submit streamlined PHA plans notwithstanding their Section 8 
Management Assessment Program (SEMAP) assessment. Furthermore, PHAs 
that administer only housing choice vouchers will submit streamlined 
Annual Plans regardless of the SEMAP assessment.
    The only PHAs to submit standard Annual Plans are those of any size 
designated as troubled or at risk of being designated as troubled under 
the PHAS, or larger PHAs (those with at least 250 units of public 
housing) that are designated as standard performers under the PHAS. 
PHAs that manage both public housing and housing choice vouchers will 
rely on the PHAS designation to determine whether to submit a 
streamlined or standard Annual Plan.

------------------------------------------------------------------------
                                               Standard annual plan
  Streamlined annual plan submissions              submissions
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High performer under PHAS..............  Designated as troubled or at
                                          risk of being troubled under
                                          PHAS.
Administer only housing choice vouchers  Designated as a standard
                                          performer under PHAS and
                                          operate 250 units of public
                                          housing.
Non-troubled small PHA (manage < 250
 units of public housing).
Non-troubled small PHA (manage < 250
 units of public housing) and
 administer any number of housing
 choice vouchers.
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    This notice provides that the Annual Plan submitted by a high-
performing PHA need only address policies concerning capital 
improvements (Sec.  903.7(g)), the civil rights certification (Sec.  
903.7(o)), any PHA initiative concerning site-based waiting lists 
(Sec.  903.7(b)(2)), any homeownership program administered under 
section 8(y) of the 1937 Act (Sec.  903.7(k)(1)) and, if applicable, 
project-based voucher assistance (Section II.D. of HUD's January 16, 
2001, Federal Register notice regarding revisions to the PHA Project-
Based Assistance Program (66 FR 3605 at 3608) and Section III.C. of PIH 
Notice 2001-4 issued on January 19, 2001). This information concerns 
discretionary PHA programs and policies that the PHA is required, 
either by regulation or statute, to address in the Annual Plan and for 
which no alternative method exists for obtaining prior HUD approval.
    For the other policies and programs that Sec.  903.11(c)(1) 
requires to be addressed in a streamlined Annual Plan (such as 
deconcentration, demolition and disposition, housing needs, and 
financial resources), the PHA would only be required to submit a 
certification listing the policies the PHA has revised since submission 
of its last Annual Plan. In addition, a high-performing PHA would be 
required to provide certain other assurances regarding resident 
participation in the development of the revised policies.
    Every fifth fiscal year, in the same year the PHA submits its Five-
Year Plan, a high-performing PHA would be required to submit a more 
detailed

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Annual Plan that more fully addresses the elements required under Sec.  
903.11(c)(1). However, high-performing PHAs would not be required to 
provide information concerning crime and safety (Sec.  903.7(m)), pet 
ownership policies (Sec.  903.7(n)) and fiscal year audit findings 
(Sec.  903.7(p)), since the PHA is already required to maintain these 
supporting documents and make them available to the public. Further, 
the information concerning housing needs (see Sec.  903.7(a)) need only 
be provided to the extent that this information pertains to the housing 
needs of families on the PHA's public housing and tenant-based 
assistance waiting lists. The PHA already provides the other housing 
needs information that is required under Sec.  903.7(a) through the 
Consolidated Plan process under 24 CFR part 91.

II. Streamlined Annual Plan Requirements for High-Performing PHAs

    The revised streamlined Annual Plan submission requirements for 
high-performing PHAs are as follows:

A. General

    PHAs that are designated to be high-performing PHAs as of the most 
recent annual or interim PHAS assessment of the PHA before the 
submission of the Five-Year or Annual Plan may submit a streamlined 
Annual Plan as described in Section II B. of this notice.

B. Streamlined Annual Plan Requirements for Fiscal Years in Which Five-
Year Plan is Also Due

    For the fiscal year in which its Five-Year Plan is also due, the 
streamlined Annual Plan of a high-performing PHA shall consist of the 
information required by Sec.  903.7(a), (b), (c), (d), (g), (h), (k), 
(o), and (r). If the high-performing PHA wishes to use the project-
based voucher program, its streamlined Annual Plan must also include a 
statement of the projected number of project-based units, their general 
locations, and how project basing would be consistent with its Annual 
Plan. The information required by Sec.  903.7(a) must be included only 
to the extent that it pertains to the housing needs of families that 
are on the PHA's public housing and Section 8 tenant-based assistance 
waiting lists. The information required by Sec.  903.7(k) must be 
included only to the extent that the PHA participates in homeownership 
programs under section 8(y) of the 1937 Act.

C. Streamlined Annual Plan Requirements for All Other Fiscal Years

    For all other fiscal years, the streamlined Annual Plan must 
include:
    1. The information required by Sec.  903.7(g) and (o) and, if 
applicable, Sec.  903.7 (b)(2) with respect to site-based waiting lists 
and Sec.  903.7(k)(1)(i) with respect to homeownership programs under 
section 8(y) of the 1937 Act;
    2. If the PHA wishes to use the project-based voucher program, a 
statement of the projected number of project-based units, their general 
locations, and how project basing would be consistent with its Annual 
Plan; and
    3. A certification from the PHA that lists the other policies and 
programs covered by Sec.  903.7(a), (b), (c), (d), (h), (k), and (r) 
that the PHA has revised since submission of its last Annual Plan and 
provides assurance by the PHA that:
    a. The Resident Advisory Board had an opportunity to review and 
comment on the changes to the policies and programs before 
implementation by the PHA;
    b. The changes were duly approved by the PHA board of directors (or 
similar governing body); and
    c. The revised policies and programs are available for review and 
inspection at the principal office of the PHA during normal business 
hours.

III. Information Collection Requirements

    The information collection requirements contained in the PHA plan 
process have been approved by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and 
assigned OMB Control Numbers 2535-0106 and 2535-0107. The changes 
contained in this notice merely modify the scope and frequency of these 
currently approved information collection requirements to streamline 
and reduce the paperwork burden imposed on high-performing PHAs. In 
accordance with the Paperwork Reduction Act, HUD may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless the collection displays a currently valid OMB 
control number.

    Dated: November 1, 2004.
Michael M. Liu,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 04-24783 Filed 11-5-04; 8:45 am]
BILLING CODE 4120-33-P