[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: 24CFR903.13]



[Page 300]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 903_PUBLIC HOUSING AGENCY PLANS--Table of Contents

 

                           Subpart B_PHA Plans

 

Sec.  903.13  What is a Resident Advisory Board and what is its role in 

development of the Annual Plan?



    (a) A Resident Advisory Board refers to a board or boards, as 

provided in paragraph (b) of this section, whose membership consists of 

individuals who adequately reflect and represent the residents assisted 

by the PHA.

    (1) The role of the Resident Advisory Board (or Resident Advisory 

Boards) is to assist and make recommendations regarding the development 

of the PHA plan, and any significant amendment or modification to the 

PHA plan.

    (2) The PHA shall allocate reasonable resources to assure the 

effective functioning of Resident Advisory Boards. Reasonable resources 

for the Resident Advisory Boards must provide reasonable means for them 

to become informed on programs covered by the PHA Plan, to communicate 

in writing and by telephone with assisted families and hold meetings 

with those families, and to access information regarding covered 

programs on the internet, taking into account the size and resources of 

the PHA.

    (b) Each PHA must establish one or more Resident Advisory Boards, as 

provided in paragraph (b) of this section.

    (1) If a jurisdiction-wide resident council exists that complies 

with the tenant participation regulations in part 964 of this title, the 

PHA shall appoint the jurisdiction-wide resident council or the 

council's representatives as the Resident Advisory Board. If the PHA 

makes such appointment, the members of the jurisdiction-wide resident 

council or the council's representatives shall be added or another 

Resident Advisory Board formed to provide for reasonable representation 

of families receiving tenant-based assistance where such representation 

is required under paragraph (b)(2) of this section.

    (2) If a jurisdiction-wide resident council does not exist but 

resident councils exist that comply with the tenant participation 

regulations, the PHA shall appoint such resident councils or their 

representatives to serve on one or more Resident Advisory Boards. If the 

PHA makes such appointment, the PHA may require that the resident 

councils choose a limited number of representatives.

    (3) Where the PHA has a tenant-based assistance program of 

significant size (where tenant-based assistance is 20% or more of 

assisted households), the PHA shall assure that the Resident Advisory 

Board (or Boards) has reasonable representation of families receiving 

tenant-based assistance and that a reasonable process is undertaken to 

choose this representation.

    (4) Where or to the extent that resident councils that comply with 

the tenant participation regulations do not exist, the PHA shall appoint 

Resident Advisory Boards or Board members as needed to adequately 

reflect and represent the interests of residents of such developments; 

provided that the PHA shall provide reasonable notice to such residents 

and urge that they form resident councils with the tenant participation 

regulations.

    (c) The PHA must consider the recommendations of the Resident 

Advisory Board or Boards in preparing the final Annual Plan, and any 

significant amendment or modification to the Annual Plan, as provided in 

Sec.  903.21 of this title.

    (1) In submitting the final plan to HUD for approval, or any 

significant amendment or modification to the plan to HUD for approval, 

the PHA must include a copy of the recommendations made by the Resident 

Advisory Board or Boards and a description of the manner in which the 

PHA addressed these recommendations.

    (2) Notwithstanding the 75-day limitation on HUD review, in response 

to a written request from a Resident Advisory Board claiming that the 

PHA failed to provide adequate notice and opportunity for comment, HUD 

may make a finding of good cause during the required time period and 

require the PHA to remedy the failure before final approval of the plan.



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