64826 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4829–N–01] 

Further Annual Plan Deregulation for 

High-Performing Public Housing 

Agencies

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD.

ACTION: Notice.

SUMMARY: This notice provides for 

further simplification of the annual plan 

(Annual Plan) requirements for highperforming public housing agencies 

(PHAs), in accordance with HUD 

regulations. HUD’s regulations 

governing the Annual Plan establish 

streamlined information requirements 

for high-performing PHAs and authorize 

HUD to further reduce the requirements 

with adequate notice. Accordingly, this 

notice provides that the Annual Plan 

submitted by a high-performing PHA 

need only address policies concerning 

capital improvements and the civil 

rights certification plus certain 

discretionary policies for which there is 

no HUD approval mechanism other than 

the Annual Plan. For other policies, the 

PHA would only be required to submit 

a certification listing the policies the 

PHA has revised since submission of its 

last Annual Plan. In addition, a highperforming PHA would be required to 

provide certain other assurances 

regarding resident participation in the 

development of the revised policies. 

Every fifth fiscal year, in the same year 

the PHA submits its five-year plan 

(Five-Year Plan), the high-performing 

PHA would be required to submit a 

more detailed Annual Plan.

DATES: Effective Date: November 8, 

2004.

FOR FURTHER INFORMATION CONTACT:

Bessy Kong, Acting Deputy Assistant 

Secretary for Policy, Program and 

Legislative Initiatives; Department of 

Housing and Urban Development; 451 

Seventh Street, SW., Room 4116; 

Washington, DC 20410–5000; telephone 

(202) 708–0713 (this is not a toll-free 

number). Persons with hearing or 

speech impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339.

SUPPLEMENTARY INFORMATION: 

I. Background 

The PHA plan process provides 

public housing residents, participants in 

the tenant-based assistance programs, 

and other members of the public a 

source to refer to basic PHA policies, 

rules, and requirements concerning the 

PHA’s operations, programs, and 

services. The PHA plan process was 

established by section 5A of the United 

States Housing Act of 1937 (1937 Act) 

(42 U.S.C. 1437 et seq.). Through a FiveYear Plan and an Annual Plan, a PHA 

advises its residents, members of the 

public, and HUD of the PHA’s mission 

and strategy for serving low-income and 

very low-income families. HUD’s 

regulations for the PHA plans are 

located at 24 CFR part 903. 

HUD’s regulations at § 903.11 

currently allow a PHA that is designated 

to be high-performing, as of the most 

recent annual or interim public housing 

assessment system (PHAS) assessment 

to submit a streamlined Annual Plan. In 

addition, § 903.11(c) authorizes HUD to 

reduce further the information 

requirements of the streamlined Annual 

Plans with adequate notice. In 

accordance with § 903.11(c), this notice 

provides for further simplification of the 

PHA Annual Plan requirements for 

high-performing PHAs. This notice will 

establish streamlined Annual Plan 

submission requirements for highperforming PHAs identical to the 

streamlined Annual Plan procedures for 

small PHAs that HUD has established 

through rulemaking (see the final rule 

published on June 24, 2003, at 68 FR 

37664 and codified at § 903.12). 

The Annual Plan requirements for 

most PHAs will be simplified. Under 

the final rule for small PHAs, PHAs that 

operate fewer than 250 public housing 

units and are not designated as troubled 

under the PHAS will submit 

streamlined PHA plans notwithstanding 

their Section 8 Management Assessment 

Program (SEMAP) assessment. 

Furthermore, PHAs that administer only 

housing choice vouchers will submit 

streamlined Annual Plans regardless of 

the SEMAP assessment. 

The only PHAs to submit standard 

Annual Plans are those of any size 

designated as troubled or at risk of being 

designated as troubled under the PHAS, 

or larger PHAs (those with at least 250 

units of public housing) that are 

designated as standard performers 

under the PHAS. PHAs that manage 

both public housing and housing choice 

vouchers will rely on the PHAS 

designation to determine whether to 

submit a streamlined or standard 

Annual Plan.

Streamlined Annual Plan Submissions Standard Annual Plan Submissions 

High performer under PHAS .................................................................... Designated as troubled or at risk of being troubled under PHAS. 

Administer only housing choice vouchers ................................................ Designated as a standard performer under PHAS and operate 250 

units of public housing. 

Non-troubled small PHA (manage < 250 units of public housing).

Non-troubled small PHA (manage < 250 units of public housing) and 

administer any number of housing choice vouchers.

This notice provides that the Annual 

Plan submitted by a high-performing 

PHA need only address policies 

concerning capital improvements 

(§ 903.7(g)), the civil rights certification 

(§ 903.7(o)), any PHA initiative 

concerning site-based waiting lists 

(§ 903.7(b)(2)), any homeownership 

program administered under section 

8(y) of the 1937 Act (§ 903.7(k)(1)) and, 

if applicable, project-based voucher 

assistance (Section II.D. of HUD’s 

January 16, 2001, Federal Register

notice regarding revisions to the PHA 

Project-Based Assistance Program (66 

FR 3605 at 3608) and Section III.C. of 

PIH Notice 2001–4 issued on January 

19, 2001). This information concerns 

discretionary PHA programs and 

policies that the PHA is required, either 

by regulation or statute, to address in 

the Annual Plan and for which no 

alternative method exists for obtaining 

prior HUD approval. 

For the other policies and programs 

that § 903.11(c)(1) requires to be 

addressed in a streamlined Annual Plan 

(such as deconcentration, demolition 

and disposition, housing needs, and 

financial resources), the PHA would 

only be required to submit a 

certification listing the policies the PHA 

has revised since submission of its last 

Annual Plan. In addition, a highperforming PHA would be required to 

provide certain other assurances 

regarding resident participation in the 

development of the revised policies. 

Every fifth fiscal year, in the same 

year the PHA submits its Five-Year 

Plan, a high-performing PHA would be 

required to submit a more detailed 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Notices 64827

Annual Plan that more fully addresses 

the elements required under 

§ 903.11(c)(1). However, highperforming PHAs would not be required 

to provide information concerning 

crime and safety (§ 903.7(m)), pet 

ownership policies (§ 903.7(n)) and 

fiscal year audit findings (§ 903.7(p)), 

since the PHA is already required to 

maintain these supporting documents 

and make them available to the public. 

Further, the information concerning 

housing needs (see § 903.7(a)) need only 

be provided to the extent that this 

information pertains to the housing 

needs of families on the PHA’s public 

housing and tenant-based assistance 

waiting lists. The PHA already provides 

the other housing needs information 

that is required under § 903.7(a) through 

the Consolidated Plan process under 24 

CFR part 91. 

II. Streamlined Annual Plan 

Requirements for High-Performing 

PHAs 

The revised streamlined Annual Plan 

submission requirements for highperforming PHAs are as follows: 

A. General 

PHAs that are designated to be highperforming PHAs as of the most recent 

annual or interim PHAS assessment of 

the PHA before the submission of the 

Five-Year or Annual Plan may submit a 

streamlined Annual Plan as described in 

Section II B. of this notice. 

B. Streamlined Annual Plan 

Requirements for Fiscal Years in Which 

Five-Year Plan is Also Due 

For the fiscal year in which its FiveYear Plan is also due, the streamlined 

Annual Plan of a high-performing PHA 

shall consist of the information required 

by § 903.7(a), (b), (c), (d), (g), (h), (k), (o), 

and (r). If the high-performing PHA 

wishes to use the project-based voucher 

program, its streamlined Annual Plan 

must also include a statement of the 

projected number of project-based units, 

their general locations, and how project 

basing would be consistent with its 

Annual Plan. The information required 

by § 903.7(a) must be included only to 

the extent that it pertains to the housing 

needs of families that are on the PHA’s 

public housing and Section 8 tenantbased assistance waiting lists. The 

information required by § 903.7(k) must 

be included only to the extent that the 

PHA participates in homeownership 

programs under section 8(y) of the 1937 

Act. 

C. Streamlined Annual Plan 

Requirements for All Other Fiscal Years 

For all other fiscal years, the 

streamlined Annual Plan must include: 

1. The information required by 

§ 903.7(g) and (o) and, if applicable, 

§ 903.7 (b)(2) with respect to site-based 

waiting lists and § 903.7(k)(1)(i) with 

respect to homeownership programs 

under section 8(y) of the 1937 Act; 

2. If the PHA wishes to use the 

project-based voucher program, a 

statement of the projected number of 

project-based units, their general 

locations, and how project basing would 

be consistent with its Annual Plan; and 

3. A certification from the PHA that 

lists the other policies and programs 

covered by § 903.7(a), (b), (c), (d), (h), 

(k), and (r) that the PHA has revised 

since submission of its last Annual Plan 

and provides assurance by the PHA that: 

a. The Resident Advisory Board had 

an opportunity to review and comment 

on the changes to the policies and 

programs before implementation by the 

PHA; 

b. The changes were duly approved 

by the PHA board of directors (or 

similar governing body); and 

c. The revised policies and programs 

are available for review and inspection 

at the principal office of the PHA during 

normal business hours. 

III. Information Collection 

Requirements 

The information collection 

requirements contained in the PHA plan 

process have been approved by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3520) and 

assigned OMB Control Numbers 2535–

0106 and 2535–0107. The changes 

contained in this notice merely modify 

the scope and frequency of these 

currently approved information 

collection requirements to streamline 

and reduce the paperwork burden 

imposed on high-performing PHAs. In 

accordance with the Paperwork 

Reduction Act, HUD may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection displays a 

currently valid OMB control number.

Dated: November 1, 2004. 

Michael M. Liu, 

Assistant Secretary for Public and Indian 

Housing.

[FR Doc. 04–24783 Filed 11–5–04; 8:45 am] 

BILLING CODE 4120–33–P