[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR902.73]

[Page 276-278]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 902--PUBLIC HOUSING ASSESSMENT SYSTEM--Table of Contents
 
                 Subpart G--PHAS Incentives and Remedies
 
Sec. 902.73  Referral to an Area HUB/Program Center.

    (a) Standard performers will be referred to the HUB/Program Center 
for appropriate action.
    (1) A standard performer that receives a total score of less than 70 
percent but not less than 60 percent shall be required to submit an 
Improvement Plan to eliminate deficiencies in the PHA's performance.

[[Page 277]]

    (2) A standard performer that receives a score of not less than 70 
percent may be required, at the discretion of the appropriate area HUB/
Program Center, to submit an Improvement Plan to address specific 
deficiencies.
    (b) Submission of an Improvement Plan. (1) Within 30 days after the 
final PHAS score is issued, a standard performer with a score of less 
than 70 percent is required to submit an Improvement Plan to the HUB/
Program Center in accordance with paragraphs (d) and (e) of this 
section.
    (2) An RMC, unless a DF-RMC, that is required to submit an 
Improvement Plan must develop the plan in consultation with its PHA and 
submit the plan to the HUB/Program Center through its PHA. A DF-RMC that 
is required to submit an Improvement Plan, also must develop its plan in 
consultation with its PHA, but must submit its plan directly to the HUB/
Program Center.
    (3) On a risk management basis, the HUB/Program Center may require a 
standard performer with a score of not less than 70 percent to submit 
within 30 days after receipt of its final PHAS score an Improvement 
Plan, which includes the information stated in paragraph (d) of this 
section.
    (c) Correction of deficiencies. (1) Time period for correction. 
After a PHA's (or DF-RMC's) receipt of its PHAS score and designation as 
a standard performer or, in the case of an RMC, notification of its 
score from a PHA, a PHA or RMC shall correct any deficiency indicated in 
its assessment within 90 days, or within such period as provided in the 
HUD approved Improvement Plan if an Improvement Plan is required.
    (2) Notification and report to HUB/Program Center. A PHA shall 
notify the HUB/Program Center of its action to correct a deficiency. A 
PHA shall also forward to the HUB/Program Center an RMC's report of its 
action to correct a deficiency. A DF-RMC shall forward directly to the 
HUB/Program Center its report of its action to correct a deficiency.
    (d) Improvement Plan. An Improvement Plan shall:
    (1) Identify baseline data, which should be raw data but may be the 
PHA's score for each individual PHAS indicator, sub-indicator and/or 
component that was identified as a deficiency;
    (2) Identify any other performance and/or compliance deficiencies 
that were identified as a result of an on-site review of the PHA's 
operations;
    (3) Describe the procedures that will be followed to correct each 
deficiency;
    (4) Provide a timetable for the correction of each deficiency; and
    (5) Provide for or facilitate technical assistance to the PHA.
    (e) Determination of acceptability of Improvement Plan (1) The HUB/
Program Center will approve or deny a PHA's Improvement Plan (or RMC's 
Improvement Plan submitted to the HUB/Program Center through the RMC's 
PHA, or the DF-RMC's Improvement Plan submitted directly to the HUB/
Program Center), and notify the PHA of its decision. A PHA that submits 
an RMC's Improvement Plan must notify the RMC in writing, immediately 
upon receipt of the HUB/Program Center notification, of the HUB/Program 
Center approval or denial of the RMC's Improvement Plan.
    (2) An Improvement Plan that is not approved will be returned to the 
PHA with recommendations from the HUB/Program Center for revising the 
Improvement Plan to obtain approval.
    (f) Submission of revised Improvement Plan. A revised Improvement 
Plan shall be resubmitted by the PHA within 30 calendar days of its 
receipt of the HUB/Program Center recommendations.
    (g) Failure to submit acceptable Improvement Plan or correct 
deficiencies. (1) If a PHA fails to submit an acceptable Improvement 
Plan, or to correct deficiencies within the time specified in an 
Improvement Plan or such extensions as may be granted by HUD, the HUB/
Program Center will notify the PHA of its noncompliance.
    (2) The PHA (or DF-RMC or the RMC through the PHA) will provide the 
HUB/Program Center its reasons for lack of progress in submitting or 
carrying out the Improvement Plan within 30 calendar days of its receipt 
of the noncompliance notification. HUD will advise the PHA as to the 
acceptability of its reasons for lack of progress.

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    (3) If HUD finds the PHA's reasons for lack of progress 
unacceptable, HUD will notify the PHA that it will be referred to the 
area Troubled Agency Recovery Center (TARC) for remedial actions or such 
actions as the TARC may determine appropriate in accordance with the 
provisions of the ACC, this part and other HUD regulations, including 
the remedies available for substantial default.
    (4) In the case of a PHA's failure to correct deficiencies within 
the time specified in an Improvement Plan or such extensions as may be 
granted by HUD, if the TARC determines that it is appropriate to refer 
the PHA to the Departmental Enforcement Center (DEC), it will only do so 
after the PHA has had one year since the issuance of the PHAS score (or, 
in the case of an RMC, that is not a DF-RMC, notification of its score 
from a PHA) to correct its deficiencies.