Public Housing Authority (PHA) Plans

Since adoption of the Quality Housing and Work Responsibility Act of 1998 (QHWRA), public housing agencies (PHAs) have had a statutory obligation to develop Five-Year and Annual Plans. These plans set forth locally adopted policies regarding public housing and the voucher program. Currently, HUD does not require much detail to be included in the Five-Year and Annual Plans. However, more detailed information regarding the implementation of PHA plans is available in other PHA documents, such as the Administrative Plan for the voucher program, the Admission and Continued Occupancy Plan (ACOP) for public housing. The PHA’s Annual Plan is also the PHA’s application for public housing capital funds. PHAs also engage in other planning processes.

PHAs must consult with a Resident Advisory Board (RAB) and hold at least one public hearing regarding their Annual Plan.

PHAs that are designated as Moving to Work (MTW) PHAs may follow a different planning process.

Advocates and residents have submitted comments to PHAs on their Five Year and Annual Plans and included comments on the Section 8 Administrative Plan and Admission and Continued Occupancy Plan (ACOP) because these plans are also generally reviewed and updated as part of the PHA plan process. Often a PHA may purchase a model Administrative Plan or ACOP; therefore many of these plans are very similar. The Administrative Plan and ACOP generally contain both those policies that a PHA is required to follow and those policies which the PHA has discretion to adopt.

Advocates from Legal Services programs that receive funds from the Legal Services Corporation are allowed to engage in advocacy regarding the PHA plans. See Housman articles below.

Materials

Public Housing

This outline of the key components of the public housing program and the accompanying PowerPoint were part of the training materials from the NHLP training at the Housing Justice Network (HJN) meeting in December 2008.

NHLP Submitted Comments to HUD on the Template, HUD 50075, for the PHA 5-Year and Annual Plan and Related Certifications

On June 13, 2011, NHLP submitted comments to HUD on the template, HUD 50075, for the PHA 5-Year and Annual Plan and related certifications. The comments focused on recommended changes that would make the planning process more transparent and accessible to residents. They also urged strengthening of the fair housing provisions by requiring that the PHA plan process includes information regarding the PHA’s limited English proficiency (LEP) and reasonable accommodation (RA) plans and the fair housing/civil rights implications of any proposed demolition or disposition.

Regulations

42 U.S.C. §§ 1437 et seq.

Contains the main provisions governing public housing that are included in the United States Housing Act of 1937.

42 U.S.C. § 1436a

Restrictions on use of assisted housing by undocumented immigrants.

42 U.S.C. §§ 13661-4

Provisions regarding Safety and Security in Public and Assisted Housing.

24 C.F.R.:

§ 5.100 General Definitions
§ 5.110 Waiver authority
§ 5.210-18 Disclosure of Social Security Numbers
§ 5.230-38 Procedures for Securing Wage and Income Information
§ 5.300 Pets Ownership for the Elderly or Persons with Disabilities
§ 5.403 Definitions for Public Housing
§ 5.500-28 Restrictions on Assistance to Non-citizens
§ 5.601 et seq. Income limits, definition of income, recertification and rents,

Handbooks

HUD Handbooks are generally available at the HUD website.

• Public Housing Occupancy Guidebook (June 2003)
• Handbook 7417.1, Public Housing Development Handbook REV-1 (10/10/80 with changes through CHG-12, 12/21/92)

Links

HUD webpage on public housing

Center for Budget and Policy Priorities

National Low Income Housing Coalition

National Training and Information Center