[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: 24CFR902.69]



[Page 281-282]

 

                 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.  902.69  PHA right of petition and appeal.



    (a) Appeal of troubled designation and petition for removal troubled 

designation. A PHA may:

    (1) Appeal its troubled designation (including designation as 

troubled with respect to its performance under the Capital Fund 

subindicator as provided in Sec.  902.67(c)(2)); and

    (2) Petition for removal of troubled designation.

    (b) Appeal of PHAS score. If a PHA believes that an objectively 

verifiable and material error (or errors) exists in any of the scores 

for its PHAS Indicators, which, if corrected, will result in a 

significant change in the PHA's PHAS score and its designation (i.e., as 

troubled, standard, or high performer), the PHA may appeal its PHAS 

score in accordance with the procedures of paragraphs (c), (d) and (e) 

of this section. A significant change in a PHAS score is a change that 

would cause the PHA's PHAS score to increase, resulting in a higher PHAS 

designation for the PHA (i.e., from troubled performer to standard 

performer, or from standard performer to high performer).

    (c) Appeal and petition procedures. (1) To appeal troubled 

designation or a PHAS score, a PHA must submit a request in writing to 

the Director of the Real Estate Assessment Center that must be received 

by REAC no later than 30 days following the issuance of the overall PHAS 

score to the PHA. To petition removal of troubled designation, a PHA 

also must submit its request in writing to the Director of the Real 

Estate Assessment Center. The written request must be received by REAC 

no later than 30 days after HUD's decision to refuse to remove the PHA's 

troubled designation.

    (2) An appeal of troubled designation or petition for removal of 

troubled designation must include the PHA's supporting documentation and 

reasons for the appeal. An appeal of a PHAS score must be accompanied by 

the PHA's reasonable evidence that an objectively verifiable and 

material error occurred. An appeal submitted to REAC without appropriate 

documentation will not be considered and will be returned to the PHA.

    (d) Consideration of appeal--(1) Consideration of appeal of PHAS 

score. Upon receipt of an appeal of a PHAS score from a PHA, REAC will 

review the PHA's file and the evidence submitted by the PHA to support 

that an error occurred. If REAC determines that an objectively 

verifiable and material error has been documented by the PHA, REAC will 

convene a Board of Review, in accordance with the procedures of 

paragraphs (d) and (e) of this section, to evaluate the appeal and its 

merits for purposes of determining whether a reassessment of the PHA is 

warranted. For appeal of PHAS scores, the Board of Review may determine 

that REAC should undertake a new inspection of the property, and/or a 

reexamination of the financial information, management information, or 

resident information (the components of the PHAS score), depending upon 

which PHAS Indicator the PHA believes was scored erroneously and the 

type of evidence submitted by the PHA to support its position that an 

error occurred.

    (2) Consideration of appeal of troubled designation or refusal to 

remove troubled designation. Upon receipt of an appeal of a troubled 

designation from a PHA, REAC will convene a Board of Review (the Board) 

to evaluate the appeal and its merits for the purpose of determining 

whether a reassessment of the PHA is warranted. Board membership will be 

comprised of a representative from REAC, from the Office of Public and 

Indian Housing, and from such other office or representative as the 

Secretary may designate (excluding,



[[Page 282]]



however, representation from the Troubled Agency Recovery Center). For 

purposes of reassessment, REAC will schedule a reinspection and/or 

acquire audit services, as determined by the Board, and a new score will 

be issued, if appropriate. Decisions by the Board will be reported to 

the PHA by the Assistant Secretary for Public and Indian Housing.

    (e) Final appeal decisions. HUD will make final decisions of 

appeals, made under this section, within 30 days of receipt of an 

appeal, and may extend this period for an additional 30 days if further 

inquiry is necessary. Failure by a PHA to submit supporting 

documentation with its request for appeal, or within any additional 

period granted by HUD is grounds for denial of an appeal. Final appeal 

decisions will be reported to the PHA by the Assistant Secretary for 

Public and Indian Housing.



[65 FR 36045, June 6, 2000]