Qualified PHAs

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:

1. has a combined unit total of 550 or less public housing units and section 8 vouchers; and
2. is not designated troubled under section 6(j)(2) of the 1937 Act, the Public Housing Assessment System (PHAS), as troubled during the prior 12 months; and
3. does not have a failing score under the Section 8 Management Assessment Program (SEMAP) during the prior 12 months.

Requirements

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 PHA must annually hold a public hearing regarding any changes to the goals, objectives, and policies and invite public comment regarding such changes. The PHA must also consult with and consider the recommendations of the resident advisory board(s) at the public hearing. HUD considers the annual public hearing essential to PHAs in determining whether changes to goals, objectives, and policies are needed.

At least 45 days before the date of the public hearing, the PHA shall:

1. 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.
2. 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.
• The date, time, and location of the public hearing.

Civil Rights Certification - Each PHA is required to submit a signed 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 (PDF or Word).

5-Year Plan

All qualified PHAs are required to submit a 5-Year Plan every fifth year from its initial submission. The 5-Year Plan covers mission, goals, objectives, and Violence Against Women Act requirements. The PHA must include the civil rights certification in its electronic submission. PHA policies and procedures are not included in the 5-Year Plan.

Resident Participation

As prescribed in HERA, each PHA shall establish 1 or more resident advisory boards, the membership of which shall reflect and represent the residents assisted by the PHA. Each 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 5-Year Plan is consistent with information and data available in the Consolidated Plan for the jurisdiction(s) in which the PHA is located. With each 5-Year Plan, the PHA must include a certification of consistency, form HUD-50077SL (PDF or Word), signed by the state or local official certifying that the PHA Plan is consistent with the jurisdiction's Consolidated Plan.

Public Availability

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 their websites for easy access.