[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Pages 10053-10054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2657]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5094-N-06]
Changes to the Public Housing Assessment System (PHAS): Capital
Fund Scoring Notice
SUMMARY: This notice provides additional information to public housing
agencies (PHAs) and members of the public about HUD's process for
issuing scores under the Capital Fund program indicator of the Public
Housing Assessment System (PHAS).
DATES: Effective Date: March 25, 2011.
Comment Due Date: April 25, 2011.
ADDRESSES: Interested persons are invited to submit comments on this
notice to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street, SW., Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street, SW, Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
http://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make them immediately
available to the public. Comments submitted electronically through the
http://www.regulations.gov Web site can be viewed by other commenters
and interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments
must be submitted through one of the two methods specified above.
Again, all submissions must refer to the docket number and title of
the rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an advance appointment to review the public comments must be
scheduled by calling the Regulations Division at 202-402-3055 (this is
not a toll-free number). Individuals with speech or hearing impairments
may access this number via TTY by calling the Federal Information Relay
Service, toll-free, at 800-877-8339. Copies of all comments submitted
are available for inspection and downloading at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Claudia Yarus, Department of Housing
and Urban Development, Office of Public and Indian Housing, Real Estate
Assessment Center (REAC), 550 12th Street, SW., Suite 100, Washington,
DC 20410 at 202-475-8830 (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. Additional information is available from the REAC Internet site
at http://www.hud.gov/offices/reac/.
SUPPLEMENTARY INFORMATION:
I. Purpose of This Notice
The purpose of this notice is to provide information about the
scoring process for PHAS indicator 4, Capital Fund program.
The purpose of the Capital Fund program assessment is to examine the
period of time it takes a PHA to obligate the funds provided to a PHA
from the Capital Fund program under section 9(j) of the 1937 Act (42
U.S.C. 1437g(9)(j)), and to occupy units. Funds from the Capital Fund
program under section 9(d) of the 1937 Act (42 U.S.C. 1437g(d)(2)) do
not include HOPE VI program funds.
This indicator is not applicable for PHAs that choose not to
participate in the Capital Fund program under section 9(d) of the 1937
Act. This indicator is applicable on a PHA-wide basis, and not to
individual projects. The Capital Fund program indicator is based on a
maximum of 10 points.
The assessment required under the PHAS Capital Fund program
indicator will be performed through analysis of: (1) Obligated amounts
in HUD's electronic Line of Credit Control System (eLOCCS) (or its
successor) for all Capital Fund program grants that were open during a
PHA's assessed fiscal year; and (2) the PHA's occupancy rate as
measured at the end of the PHA's fiscal year, which is calculated by
dividing the total occupied assisted, special use, and non-assisted
units by the total ACC units less the total uninhabitable units as
reflected in the Inventory Management System/Public Housing Information
Center (PIC) (or its successor). Of the total 100 points available for
a PHAS score, a PHA may receive up to 10 points based on the Capital
Fund program indicator. Scoring for this indicator will be dependent on
the amount of time it takes a PHA to obligate its Capital Fund
grant(s), as well as the PHA's occupancy rate. If a PHA has no
obligation end dates in the assessed fiscal year, and does not have any
Sec. 9(j) of the 1937 Act sanctions against it, the points for that
subindicator will be redistributed to the remaining subindicator.
II. Transition to Asset Management and Frequency of Capital Fund
Program Assessments
The number of units in a PHA's Low-Rent program and the PHAS
designation for small PHAs will determine the frequency of Capital Fund
program assessments during and after the transition to asset
management. PHAs with less than 250 public housing units will receive a
PHAS assessment, based on its PHAS designation, as follows:
(1) A small PHA that is a high performer will receive a PHAS
assessment every 3 years;
(2) A small PHA that is a standard or substandard performer will
receive a PHAS assessment every other year; and
(3) All other small PHAs will receive a PHAS assessment every year,
including a PHA that is designated as troubled or Capital Fund troubled
in accordance with Sec. 902.75.
In the baseline year, every PHA will receive an overall PHAS score
and in all four of the PHAS indicators: physical condition; financial
condition; management operations; and Capital Fund program. This will
allow a baseline year for the small deregulated PHAs.
[[Page 10054]]
III. Subindicators
A. Subindicators of Capital Fund Program Indicator. The two
subindicators of the Capital Fund program indicator are:
Timeliness of fund obligation; and
The PHA's occupancy rate.
B. Points for Capital Fund Program Indicator. This indicator
measures the statutory requirements for the Capital Fund program.
Subindicator #1, Timeliness of Fund Obligation. This subindicator
examines the period of time it takes for a PHA to obligate funds from
the Capital Fund program under section 9(j)(1) of the 1937 Act (42
U.S.C. 1437g(9)(j)). HUD may extend the period of time for the
obligation of funds in accordance with 24 CFR 905.120 and section
9(j)(2) of the 1937 Act. Points are awarded on the following bases:
The PHA will earn the full 5 points if it has obligated 90 percent
or more of the grant amount for all of its grants on its obligation end
date, or on the extended obligation end date, for all open Capital Fund
program grants that have obligation end dates during the assessed
fiscal year and does not have any grants that have been sanctioned
pursuant to Sec. 9(j) of the 1937 Act during the assessed fiscal year.
The PHA will earn 0 points if it has obligated less than 90 percent
of the grant amount for any of its open grants on the obligation end
date during the assessed fiscal year or is undergoing sanctions as per
Section III of this notice.
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Obligation value Points
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=90% and no sanctions............................. 5
<90% or sanctions............................................ 0
------------------------------------------------------------------------
If the PHA receives 0 points for this subindicator, it is not eligible
for points for subindicator 2.
Subindicator #2, Occupancy rate. This subindicator measures the
PHA's occupancy rate as measured at the end of the PHA's fiscal year,
which is calculated by dividing the total occupied assisted, HUD
approved special use, and non-assisted units by the total ACC units
less the total uninhabitable units as reflected in the Inventory
Management System/PIC, or its successor. This information will be
calculated as of the end of the PHA's fiscal year. A PHA will receive 2
points if it has an adjusted occupancy rate of at least 93 percent but
not more than 96 percent. A PHA will receive 5 points if it has an
adjusted occupancy rate of 96 percent or more.
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Occupancy rate Points
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93%-<96%..................................................... 2
96%-100%..................................................... 5
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IV. Sanctions
Sanctions for the obligation of funds are in accordance with 24 CFR
905.120. If a PHA has been sanctioned during the assessment period, the
PHA will receive 0 points for the timeliness of fund obligation.
V. Elements of Scoring
A. Points and Threshold. The Capital Fund program indicator is
based on a maximum of 10 points. In order to receive a passing score
under this indicator, a PHA must achieve at least 5 points or 50
percent of the available points under this indicator.
B. Scoring Elements. The Capital Fund program indicator score
provides an assessment of a PHA's ability to obligate Capital Fund
program funds in a timely manner, as well as a PHA's occupancy rate.
The computation of the score under this PHAS indicator utilizes data
obtained through analysis of obligated amounts in HUD's eLOCCS (or its
successor) for all Capital Fund program grants that were open during
the assessed fiscal year and PIC (or its successor) data as of the
PHA's assessed Fiscal Year End. Scores are first calculated for each
subindicator. From the two subindicator scores, an indicator score is
then calculated.
C. Example of Score Computations. The indicator score equals the
sum of the subindicator scores, described in Section II, paragraph B.
D. PHA Responsibility. PHAs are responsible for ensuring that their
Capital Fund program information is submitted to eLOCCS and occupancy
information to PIC by the submission due date. A PHA may not appeal its
PHAS and/or Capital Fund program score based on the fact that it did
not submit its Capital Fund program information to eLOCCS and occupancy
information to PIC by the submission due date. PHAs shall retain
supporting documentation for the Capital Fund program for at least 3
years.
Dated: February 1, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2011-2657 Filed 2-22-11; 8:45 am]
BILLING CODE 4210-67-P