(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.
(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.
(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.