[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: 24CFR902.73]



[Page 282-284]

 

                 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 283]]



    (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.



[[Page 284]]



    (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.