[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: 24CFR902.67]



[Page 278-279]

 

                 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 F_PHAS Scoring

 

Sec.  902.67  Score and designation status.



    A PHA will receive a status designation corresponding to its final 

PHAS score as follows:

    (a) High performer. (1) A PHA that achieves a score of at least 60 

percent of the points available under each of the four PHAS Indicators 

(addressed in subparts B through E of this part) and achieves an overall 

PHAS score of 90 percent or greater of the total available points under 

PHAS shall be designated a high performer.

    (2) A PHA shall not be designated a high performer if it scores 

below the threshold established for any indicator.

    (3) High performers will be afforded incentives that include relief 

from reporting and other requirements, as described in Sec.  902.71.

    (b) Standard performer. (1) A PHA that is not a high performer shall 

be designated a standard performer if:

    (i) The PHA achieves a total PHAS score of not less than 60 percent 

of the total available points under PHAS; and

    (ii) The PHA does not achieve less than 60 percent of the total 

points available under one of the following indicators, PHAS Indicators 

1, 2, or 3

    (2) All standard performers must correct reported deficiencies.

    (3) A PHA that achieves a total PHAS score of less than 70 percent, 

but not less that 60 percent, is required by the HUB/Program Center to 

submit an Improvement Plan to correct identified deficiencies.

    (4) A PHA that achieves a total PHAS score of less than 70 percent 

but not less than 60 percent is at risk of being designated troubled.

    (c) Troubled performer. A PHA that is designated as troubled may be:

    (1) Overall troubled. A PHA that achieves an overall PHAS score of 

less than 60 percent or achieves less than 60 percent of the total 

points available



[[Page 279]]



under more than one of the following indicators, PHAS Indicators 

1, 2, or 3, shall be designated as troubled 

(overall), and referred to the TARC as described in Sec.  902.75.

    (2) Troubled in one area. (i) A PHA that achieves less than 60 

percent of the total points available under only one of the following 

indicators, PHAS Indicators 1, 2, or 3, shall 

be considered a substandard physical, substandard financial, or 

substandard management performer, and referred to the TARC as described 

in Sec.  902.75.

    (ii) In accordance with section 6(j)(2) of the Act, a PHA that 

receives less than 60 percent of the maximum calculation for the Capital 

Fund sub-indicator under PHAS Indicator 3 (Management 

Operations, subpart D of this part; see Sec.  902.43(a)) will be subject 

to the sanctions, provided in section 6(j)(4), as appropriate.

    (d) Withholding designation. (1) In exceptional circumstances, even 

though a PHA has satisfied all of the PHAS Indicators for high performer 

or standard performer designation, HUD may conduct any review as it may 

determine necessary, and may deny or rescind incentives or high 

performer designation or standard performer designation, in the case of 

a PHA that:

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

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

physical, financial or management performance of a PHA;

    (iii) Is operating under a court order;

    (iv) Demonstrates substantial evidence of fraud or misconduct, 

including evidence that the PHA's certifications, submitted in 

accordance with this part, are not supported by the facts, as evidenced 

by such sources as a HUD review, routine reports, an Office of Inspector 

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

investigation by any appropriate legal authority; or

    (v) Demonstrates substantial noncompliance in one or more areas of a 

PHA's required compliance with applicable laws and regulations, 

including areas not assessed under the PHAS. Areas of substantial 

noncompliance include, but are not limited to, noncompliance with civil 

rights, nondiscrimination and fair housing laws and regulations, or the 

Annual Contributions Contract. Substantial noncompliance casts doubt on 

the capacity of a PHA to preserve and protect its public housing 

developments and operate them consistent with Federal laws and 

regulations.

    (2) If high performer designation is denied or rescinded, the PHA 

shall be designated either a standard performer or troubled performer 

depending on the nature and seriousness of the matter or matters 

constituting the basis for HUD's action. If standard performer 

designation is denied or rescinded, the PHA shall be designated 

troubled.

    (3) The denial or rescission of a designation of high performer or 

standard performer does not affect the PHA's numerical PHAS score.

    (4) A PHA that disagrees with the basis for denial or rescission of 

the designation may make a written request for reinstatement of the 

designation to the Assistant Secretary for Public and Indian Housing 

which request shall include reasons for the reinstatement.



[65 FR 1738, Jan. 11, 2000, as amended at 65 FR 36045, June 6, 2000]