7485.3 G

CHAPTER 9. HA RESPONSIBILITY: RESIDENT AND LOCAL/TRIBAL

GOVERNMENT PARTICIPATION

9-1. OBJECTIVE. The objectives of this Chapter are to set forth the

statutory and regulatory requirements for resident and

local/tribal government participation in the development,

implementation and monitoring of the Comprehensive Plan and

Annual Submission. It is the Department\'s position that the

success or failure of the CGP rests upon the degree to which the

residents and the community work with the HA in all aspects of

its program and hold the HA accountable for the quality of the

work performed. \[Sec. 14(e)(1)(E), (e)(3)(A) and (B), and

(e)(4)(a)\]

9-2. COMPREHENSIVE PLAN AND ANNUAL SUBMISSION.

A. General Requirements.

1\. Resident Participation. The HA is required to develop,

implement, monitor, and annually amend portions of its

Comprehensive Plan in consultation with residents of

the developments covered by the Comprehensive Plan

(i.e., all developments eligible for CGP funding). In

addition, the HA shall consult with Resident Management

Corporations (RMCs) to the extent that an RMC manages a

development covered by the Comprehensive Plan. The HA,

in partnership with the residents, shall develop and

implement a process for resident participation that

ensures that residents are involved in a meaningful way

in all phases of the CGP. Such involvement shall

include implementing the Partnership Process as a

critical element of the CGP. \[\'968.315(b)(1) or

\'950.652(b)(1)\]

2\. Establishment of Partnership Process. The HA, in

partnership with the residents of the developments

covered by the Comprehensive Plan (and which may

include resident leaders, resident councils, resident

advisory councils/boards, and RMCs) shall establish a

Partnership Process to develop and implement the goals,

needs, strategies and priorities identified in the

Comprehensive Plan. As defined in paragraph 1-6, the

Partnership Process is a specific and ongoing process

that is designed to ensure that the HA and residents

work in a cooperative and collaborative manner to

develop, implement and monitor the CGP. After

residents have organized to participate in the CGP,

they may decide to establish a volunteer advisory group

of experts in various professions, including persons

with disabilities or advocacy groups representing

persons

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7485.3 G

with disabilities, to assist them in the CGP

Partnership Process. The HA is encouraged to use the

checklist for development of the Partnership Process as

set forth in Appendix 9-1. The HA shall design the

Partnership Process to achieve the following:

\[\'968.315(b)(2) or \'950.652(b)(2)\]

a\. To assure that residents are fully briefed and

involved in developing the content of, and

monitoring the implementation of, the

Comprehensive Plan including, but not limited to,

the Physical and Management Needs Assessments,

viability and reasonable cost analysis, Five-Year

Action Plan, and Annual Statement. If necessary,

the HA shall develop and implement capacity-building

strategies to ensure meaningful

participation. Such technical assistance efforts

are eligible CGP administrative costs (see

paragraph 2-14D).

b\. To enable residents to participate, on a HA-wide

or area-wide basis, in ongoing discussions of the

Comprehensive Plan and strategies for its

implementation, and in all meetings necessary to

ensure meaningful participation.

3\. Local/Tribal Government Participation. The HA shall

consult with and provide information to appropriate

local/tribal government officials regarding the

development of the Comprehensive Plan. For PHAS, this

is to ensure that there is coordination between the

actions taken under the Consolidated Plan (see 24 CFR

Part 91) for project and neighborhood improvements

where public housing units are located or proposed for

construction or modernization and improvement and to

coordinate meeting public and human service needs of

the public and assisted housing projects and their

residents. \[Note: The Consolidated Plan does not

apply to IHAs.\] The HA with developments in multiple

jurisdictions may meet this requirement by consulting

with an advisory group representative of all the

jurisdictions. At a minimum, this consultation shall

include providing such officials with: \[\'968.315(c) or

\'950.652(c)\]

a\. Advance written notice of the public hearing

required under subparagraph B3;

b\. A copy of the Executive Summary, prepared as part

of the Comprehensive Plan, which includes a

Summary of Preliminary Estimated Costs and a

description of the resident partnership and

summary of general issues.

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7485.3 G

c\. An opportunity to express their priorities and

concerns to ensure due consideration in the HA\'s

planning process.

4\. Participation in Coordinating Entities. To the extent

that coordinating entities are set up to plan and

implement the Consolidated Plans under 24 CFR Part 91,

the PHA shall participate in these entities to ensure

coordination with broader community development

activities. \[\'968.315(d)\]

5\. Funding. Funding may be provided for resident

participation under either management improvements

\(1408\) or administration (1410). Residents are

encouraged to seek outside assistance to supplement any

funds received from the HA. Possible sources may

include, but not be limited to CDBG funds, private

foundations, etc.

B. Specific Annual Requirements.

1\. Public Notice. Within a reasonable amount of time

before the advance meeting for residents under

subparagraph B2 and the public hearing under paragraph

B3, the HA shall annually provide public notice of the

advance meeting and the public hearing in a manner

determined by the HA and which ensures notice to all

duly elected resident councils. \[\'\'968.315(b)(3) and

968.325(d)(1) or \'\'950.652(b)(3) and 950.656(d)(1)\]

2\. Advance Meeting for Residents and Duly Elected Resident

Councils. Within a reasonable amount of time before the

public hearing under subparagraph B3, the HA shall

annually hold a meeting for residents and duly elected

resident councils at which the HA shall explain the

components of the Comprehensive Plan or Annual

Submission, including any amendments to the

Comprehensive Plan. The HA shall advise residents

before the meeting that the draft Comprehensive Plan or

Annual Submission shall be available for their review

at specified locations within the HA\'s jurisdiction.

The meeting shall be open to all residents and duly

elected resident councils. The purpose of the meeting

is to provide information concerning the contents of

the Comprehensive Plan or Annual Submission so that

residents may make informed comments at the public

hearing. \[\'\'968.315(b)(4) and 968.325(d)(2) or

\'\'950.652(b)(4) and 950.656(d)(2)\]

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7485.3 G

3\. Public Hearing. The HA shall annually hold at least

one annual public hearing, and any appropriate number

of additional hearings, to present information on the

Comprehensive Plan or Annual Submission and the status

of prior approved programs. The public hearing shall

provide ample opportunity for residents, local/tribal

government officials, and other interested parties,

such as persons with disabilities or advocacy groups

representing persons with disabilities, to express

their priorities and concerns. The HA shall give full

consideration to the comments and concerns of

residents, local/tribal government officials, and other

interested parties. \[\'\'968.315(b)(5) and 968.325(d)(3)

or \'\'950.652(b)(5) and 950.656(d)(3)\]

C. Submission Requirements.

1\. Every Six Years. As part of its Comprehensive Plan,

submitted and updated every six years, the HA shall

submit, as part of its Executive Summary, a description

of its process for maximizing the level of

participation by residents during the development,

implementation and monitoring of the Comprehensive

Plan, a summary of the general issues raised on the

Plan by residents, local/tribal government officials,

and others during the public comment process, and the

HA\'s response to those general issues. Refer to

paragraph 4-6B.

2\. Annually.

a\. Local Government Statement. As part of its

Comprehensive Plan and Annual Submission, the HA

shall submit Form HUD-52835, Local Government

Statement. Refer to paragraph 4-11 and Appendix

4-5.

b\. HA Board Resolution. As part of its Comprehensive

Plan and Annual Submission, the HA shall include

Form HUD-52836, PHA/IHA Board Resolution Approving

Comprehensive Plan or Annual Statement. Refer to

paragraph 4-12 and Appendix 4-6.

3\. As Needed. Where prior HUD approval is required to

amend the Annual Statement, the HA shall submit, with

the amendment, evidence of consultation with residents

affected by the revisions and local/tribal government

officials. Refer to paragraph 6-10A1.

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7485.3 G

9-3. PROGRAM IMPLEMENTATION. The HA shall establish and maintain a

process for resident comment on the implementation of work

included in the Annual Statement to ensure its quality and

timeliness. The HA shall make reasonable efforts to notify

residents and officials of the appropriate governing body of the

availability of the draft Performance and Evaluation Report, make

copies available to residents in the development office or upon

request, send a copy of the draft Report to local/tribal

government, and provide residents and local/tribal government

officials with at least 30 calendar days in which to comment on

the draft Report. \[\'968.330 or \'950.658\]

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