[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR901.115]



[Page 251-252]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 901_PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM--Table of Contents

 

Sec.  901.115  PHA score and status.



    (a) PHAs that achieve a total weighted score of 90% or greater shall 

be designated high performers. A PHA shall not be designated as a high 

performer if it scores below a grade of C for any indicator. High 

performers will be afforded incentives that include relief from 

reporting and other requirements, as described in Sec.  901.130.

    (b) PHAs that achieve a total weighted score of 90% or greater on 

its overall PHMAP score and on indicator 2, modernization, 

shall be designated mod-high performers.

    (c) PHAs that achieve a total weighted score of less than 90% but 

not less than 60% shall be designated standard. Standard performers will 

be afforded incentives that include relief from reporting and other 

requirements, as described in Sec.  901.130.

    (d) PHAs that achieve a total weighted score of less than 60% shall 

be designated as troubled.

    (e) PHAs that achieve 60% of the maximum calculation for indicator 

2, modernization, shall be designated as mod-troubled.

    (f) Each PHA shall post a notice of its final PHMAP score and status 

in appropriate conspicuous and accessible locations in its offices 

within two weeks of receipt of its final score and status. In addition, 

HUD will publish every PHA's score and status in the Federal Register.

    (g) A PHA that cannot provide justifying documentation to HUD during 

the conduct of a confirmatory review, or other verification review(s), 

for any indicator(s) or component(s) certified to, shall receive a 

failing grade in that indicator(s) or component(s), and its overall 

PHMAP score shall be lowered.

    (h) If the data for any indicator(s) or component(s) that a PHA 

certified to cannot be verified by HUD during the conduct of a 

confirmatory review, or any other verification review(s), the State/Area 

Office shall change a PHA's grade for any indicator(s) or component(s), 

and its overall PHMAP score, as appropriate, to reflect the verified 

data obtained during the conduct of such review.

    (i) A PHA that cannot provide justifying documentation to the 

independent auditor for the indicator(s) or component(s) that the PHA 

certified to, as reflected in the audit report, will receive a grade of 

F for that indicator(s), and its overall PHMAP score will be lowered.

    (j) A PHA's PHMAP score for individual an indicator(s), component(s) 

or its overall PHMAP score may be changed by the State/Area Office 

pursuant to the data included in the independent audit report, as 

applicable.

    (k) In exceptional circumstances, even though a PHA has satisfied 

all of the indicators for high or standard performer designation, the 

State/Area Office may conduct any review as necessary, including a 

confirmatory review, and deny or rescind incentives or high performer 

status, as described in paragraphs (a) and (b) of this section in the 

case of a PHA that:

    (1) Is operating under a special agreement with HUD;

    (2) Is involved in litigation that bears directly upon the 

management of a PHA;

    (3) Is operating under a court order;

    (4) Demonstrates substantial evidence of fraud or misconduct, 

including evidence that the PHA's certification of indicators is not 

supported by the facts, resulting from such sources as a



[[Page 252]]



confirmatory review, routine reports and reviews, an Office of Inspector 

General investigation/audit, an independent auditor's audit or an 

investigation by any appropriate legal authority; or

    (5) Demonstrates substantial noncompliance in one or more areas 

(including areas not assessed by the PHMAP). Areas of substantial 

noncompliance include, but are not limited to, noncompliance with 

statutes (e.g., Fair Housing and Equal Opportunity statutes); 

regulations (e.g., 24 CFR Sec.  85); or the Annual Contributions 

Contract (ACC) (e.g., the ACC, form HUD-53012A, Section 4, Mission of 

the PHA). Substantial noncompliance would cast doubt on the PHA's 

capacity to preserve and protect its public housing developments and 

operate them consistent with Federal law and regulations.

    (l) When a State/Area Office Public Housing Director acts for any of 

the reasons stated in paragraph (k) of this section, the State/Area 

Office will send written notification to the PHA with a specific 

explanation of the reasons. An information copy will be forwarded to the 

Assistant Secretary for Public and Indian Housing.

    (m) A PHA may appeal denial of high performer status in accordance 

with Sec.  901.125.