The Housing and Economic Recovery Act (HERA), Title VII, Small Public Housing Authorities Paperwork Reduction Act exempted qualified PHAs from the requirement to prepare and submit an annual plan.
A Qualified PHA is a PHA that:
- has a combined unit total of 550 or less public housing units and section 8 vouchers; and
- is not designated troubled under section 6(j)(2) of the 1937 Act, the Public Housing Assessment System (PHAS), as a troubled public housing agency during the prior 12 months; and
- does not have a failing score under the Section 8 Management Assessment Program (SEMAP) during the prior 12 months.
Although HERA exempts qualified PHAs from the requirement to prepare and submit and annual plan, qualified PHAs must carry out the following annual requirements:
Annual Public Hearing - Each qualified PHA must annually hold a public hearing regarding any changes to the goals, objectives, and policies of that agency and invite public comment regarding such changes. The qualified PHA must also consult with and consider the recommendations of the resident advisory boards for the agency at the public hearing. HUD considers the annual public hearing essential to PHAs in determining whether changes to goals, objectives, and policies are needed.
- Make all information relevant to the hearing and any determination 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 PHA during normal business hours.
- Publish a notice informing the public that-
- The information to be reviewed during the public hearing is available, and where and when they may inspect the information.
- Date, time, and location of the public hearing.
Civil Rights Certification - Each qualified PHA is required to submit a civil rights certification to the local HUD office annually by mail or the PHA may submit a scanned, signed copy via email. The civil rights certification should be submitted to the local HUD office no later than 75 days prior to the beginning of the PHAs fiscal year. Qualified PHAs must use form HUD-50077 CR for the civil rights certification.
Five Year Plan Requirements
All qualified PHAs are required to electronically upload to the PHA Plan website a Five Year Plan every fifth year from its initial submission. The Five Year Plan only covers mission, goals, objectives, and Violence Against Women Act requirements. When submitting the Five Year Plan, the qualified PHA must include the civil rights certification in its electronic submission. PHA policies and procedures are not included in the Five Year Plan.
As prescribed in HERA, each qualified PHA shall establish 1 or more resident advisory boards, the membership of which shall reflect and represent the residents assisted by the PHA. Each qualified PHA shall consult with and consider the recommendations of the resident advisory boards at the annual public hearing.
Consistency with the Consolidated Plan
The PHA must assure that its Five-Year Plan is consistent with information and data available in the Consolidated Plan for the jurisdiction in which the PHA is located. With each 5-Year Plan, the PHA must include a certification of consistency with the Consolidated Plan, form HUD-50077SL. The certification of consistency must be signed by the state or local official certifying that the PHA Plan is consistent with the jurisdictions Consolidated Plan.
It is the responsibility of each PHA to make the approved plan and supporting documentation available to the general public. It is strongly encouraged that PHAs post these documents on its agency website for easy access to the public.