§ 983.10 PBV provisions in the Administrative Plan. ( a ) *PHA policymaking discretion.* If a PHA exercises its discretion to operate a PBV program, the PHA's Administrative Plan as required by 24 CFR 982.54 of this title must include all the PHA's local policies on PBV-related matters over which the PHA is exercising its policymaking discretion.
( b ) *PHA policies.* The PHA Administrative Plan must cover, at a minimum, the following PHA policies, as applicable: ( 1 ) The definition of “project” as consistent with this part (§ 983.3(b));
( 2 ) The program cap: ( i ) A description of the types and availability of services that will qualify units under the supportive services authority under the program cap (§ 983.6(d)(1)(iii)); and
( ii ) The PHA's policy limiting Family Unification Program assistance normally available for eligible families and youth described in Section 8(x)(2) of the U.S. Housing Act to youth (§ 983.6(d)(2)(ii));
( 3 ) A description of the circumstances under which the PHA will use the competitive and noncompetitive selection methods and the procedures for submission and selection of PBV proposals (§ 983.51(a));
( 4 ) The project cap: ( i ) The PHA's policy limiting Family Unification Program assistance normally available for eligible families and youth described in Section 8(x)(2) of the U.S. Housing Act to youth (§ 983.54(c)(2)(ii)); and
( ii ) A description of the types and availability of services that will qualify units under the supportive services exception from the project cap (§ 983.54(c)(2)(iii));
( 5 ) The site selection standards: ( i ) The PHA's standard for deconcentrating poverty and expanding housing and economic opportunities (§ 983.55(b)(1)); and
( ii ) The PHA's site selection policy (§ 983.55(c));
( 6 ) PHA inspection policies: ( i ) The timing of an initial inspection of existing housing (§ 983.103(c)(1));
( ii ) Whether the PHA adopts for initial inspection of PBV existing housing the non-life-threatening deficiencies option, the alternative inspection option, or both, and whether the PHA adopts for periodic inspection of PBV housing the alternative inspection option. If so, state all policies as required by 24 CFR 982.54(d)(21)(ii) and (iii), as they relate to the PHA's PBV program (§ 983.103(c)(2) through (4) and (e)(3));
( iii ) The frequency of periodic inspections (§ 983.103(e) and (i)); and
( iv ) Any verification methods other than on-site inspection for different inspection types or for different HQS deficiencies (§ 983.103(h)).
( 7 ) A description of the circumstances (if any) under which the PHA will establish additional requirements for quality, architecture, or design of PBV housing at the time of initial rehabilitation or new construction (§§ 983.154(e)(11), 983.157(e)(4));
( 8 ) A description of the circumstances (if any) under which the PHA will enter a PBV HAP contract for newly constructed and rehabilitated housing without first entering into an Agreement or execute an Agreement after construction or rehabilitation that complied with applicable requirements of § 983.153 has commenced (§ 983.154(f)(1));
( 9 ) The PHA's policy on the form and manner in which the owner must submit evidence and certify that work has been completed (§ 983.155);
( 10 ) Rehabilitated housing developed after HAP contract execution: ( i ) A description of the circumstances (if any) under which the PHA will enter a PBV HAP contract for rehabilitated housing that allows for development activity to occur after HAP contract execution (§ 983.157(a)(2));
( ii ) The timing of the initial inspection (§ 983.157(c)(4));
( iii ) The form and manner of owner notifications of changes in the status of contract units (§ 983.157(e)(5)); and
( iv ) The period for compliance (if any) for development activity that has not been completed by the deadline (§ 983.157(h)(1));
( 11 ) The PHA's policy on amending PBV HAP contracts to substitute or add contract units (§ 983.207(f));
( 12 ) PHA housing quality policies; ( i ) A description of the circumstances (if any) under which the PHA will establish additional requirements for continued compliance with quality, architecture, or design of PBV housing during the term of the HAP contract (§ 983.208(a)(3));
( ii ) The PHA's policy on the conditions under which it will withhold HAP and the conditions under which it will abate HAP or terminate the contract for units other than the unit with HQS deficiencies (§ 983.208(d)); and
( iii ) The PHA's policy on assisting families with relocating and finding a new unit (§ 983.208(d)(6)(iii));
( 13 ) A description of the PHA's waiting list policies for admission to PBV units, including any information on the owner waiting list policy (§ 983.251(c) and (e));
( 14 ) A description of the PHA's policy on whether to conduct tenant screening and offer information to an owner (§ 983.255(a)(2) and (c)(4));
( 15 ) The PHA's policy on continued housing assistance for a family that occupies a wrong-sized unit or a unit with accessibility features that the family does not require (§ 983.260(b));
( 16 ) The PHA's policy on a family's right to move: ( i ) The form of tenant-based rental assistance that the PHA will offer families (§ 983.261(b)); and
( ii ) The procedures for tenants to request tenant-based rental assistance to move (§ 983.261(c));
( 17 ) The PHA's policy regarding which options it will take if a unit is no longer qualified for excepted status or the increased program cap (§ 983.262(b)(4));
( 18 ) The PHA's policy regarding continued occupancy of a unit under the increased program cap for supportive housing for persons with disabilities or elderly persons and units excepted based on elderly or disabled family status after a change in family composition removing the elderly family member or family member with a disability (§ 983.262(c)(3)(ii), (d)(1), and (d)(2));
( 19 ) The PHA's policy regarding the PHA-determined amount it will use to calculate rent to owner (§ 983.301(b)(1) and (c)(2)(i));
( 20 ) The PHA's policy on the required timing and form of owner requests for a rent increase (§ 983.302(a)(1));
( 21 ) The PHA's policy on providing vacancy payments, including the required form and manner of requests for vacancy payments (§ 983.352(b)(1) and (4));
( 22 ) The PHA's policy on utility reimbursements (§ 983.353(d)(2)); and
( 23 ) The PHA's policy on applying SAFMRs to its PBV program per 24 CFR 888.113(h).
[89 FR 38308, May 7, 2024, as amended at 89 FR 46020, May 28, 2024]