PRIA, Government Policy, Made Personal

Summary

Small public housing agencies must follow the same rules as other public housing agencies, but they get different inspection and environmental rules. The Housing Secretary will inspect a small agency’s public housing no more than once every 3 years unless the agency is officially labeled "troubled" for poor physical conditions. The same housing condition standards apply to small agencies as to other programs. Small agencies that run tenant vouchers must inspect each assisted unit at least once every 3 years. Lead-safety inspections still must be done under separate law. If the Secretary calls an agency "troubled" for bad conditions or missed inspections, the agency can appeal to an independent reviewer. Within 60 days after a troubled designation, the Secretary and the agency must sign a corrective action agreement that lasts 1 year (and can be renewed). The agreement should offer technical help when possible, review the troubled status at least yearly, and end when problems are fixed. If the agency still fails to comply, the Secretary may hire another manager or private company, withhold funds, take over management, ask a court to appoint a receiver, or use other contract remedies. The Secretary may take emergency action to protect federal funds or resident safety. Small agencies do not need environmental reviews for development or modernization projects that cost $100,000 or less, and the Secretary must set up simpler review rules for projects that cost more than $100,000. Housing voucher program — tenant-based rental assistance under the federal voucher law. Small public housing agency — runs 550 or fewer total public housing units and vouchers and mostly serves a rural area. Troubled small public housing agency — a small agency officially designated as troubled by the Secretary for the reasons above.

Title 42, §1437z–10

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In this section:

(1)The term “housing voucher program” means a program for tenant-based assistance under section 1437f of this title.

(2)The term “small public housing agency” means a public housing agency—

(A)for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 1437f(o) of this title administered by the agency is 550 or fewer; and

(B)that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.

(3)The term “troubled small public housing agency” means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3).

(b)Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency.

(c)(1)(A)The Secretary shall carry out an inspection of the physical condition of a small public housing agency’s public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects. Nothing contained in this subparagraph relieves the Secretary from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 4822 of this title.

(B)The Secretary shall apply to small public housing agencies the same standards for the acceptable condition of public housing projects that apply to projects assisted under section 1437f of this title.

(2)Except as required by section 1437f(o)(8)(F) of this title, a small public housing agency administering assistance under section 1437f(o) of this title shall make periodic physical inspections of each assisted dwelling unit not less frequently than once every 3 years to determine whether the unit is maintained in accordance with the requirements under section 1437f(o)(8)(A) of this title. Nothing contained in this paragraph relieves a small public housing agency from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 4822 of this title.

(3)(A)Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the public housing program of the small public housing agency if the Secretary determines that the agency has failed to maintain the public housing units of the small public housing agency in a satisfactory physical condition, based upon an inspection conducted by the Secretary.

(B)Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the housing voucher program of the small public housing agency if the Secretary determines that the agency has failed to comply with the inspection requirements under paragraph (2).

(C)(i)The Secretary shall establish an appeals process under which a small public housing agency may dispute a designation as a troubled small public housing agency.

(ii)The appeals process established under clause (i) shall provide for a decision by an official who has not been involved, and is not subordinate to a person who has been involved, in the original determination to designate a small public housing agency as a troubled small public housing agency.

(D)(i)Not later than 60 days after the date on which a small public housing agency is designated as a troubled public housing agency under subparagraph (A) or (B), the Secretary and the small public housing agency shall enter into a corrective action agreement under which the small public housing agency shall undertake actions to correct the deficiencies upon which the designation is based.

(ii)A corrective action agreement entered into under clause (i) shall—

(I)have a term of 1 year, and shall be renewable at the option of the Secretary;

(II)provide, where feasible, for technical assistance to assist the public housing agency in curing its deficiencies;

(III)provide for—

(aa)reconsideration of the designation of the small public housing agency as a troubled small public housing agency not less frequently than annually; and

(bb)termination of the agreement when the Secretary determines that the small public housing agency is no longer a troubled small public housing agency; and

(IV)provide that in the event of substantial noncompliance by the small public housing agency under the agreement, the Secretary may—

(aa)contract with another public housing agency or a private entity to manage the public housing of the troubled small public housing agency;

(bb)withhold funds otherwise distributable to the troubled small public housing agency;

(cc)assume possession of, and direct responsibility for, managing the public housing of the troubled small public housing agency;

(dd)petition for the appointment of a receiver, in accordance with section 1437d(j)(3)(A)(ii) of this title; and

(ee)exercise any other remedy available to the Secretary in the event of default under the public housing annual contributions contract entered into by the small public housing agency under section 1437c of this title.

(E)Nothing in this paragraph may be construed to prohibit the Secretary from taking any emergency action necessary to protect Federal financial resources or the health or safety of residents of public housing projects.

(d)(1)Notwithstanding any other provision of law, a small public housing agency shall be exempt from any environmental review requirements with respect to a development or modernization project having a total cost of not more than $100,000.

(2)The Secretary shall, by rule, establish streamlined procedures for environmental reviews of small public housing agency development and modernization projects having a total cost of more than $100,000.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 60 days after May 24, 2018, see section 209(d) of Pub. L. 115–174, set out as an

Effective Date

of 2018 Amendment note under section 1437g of this title.

§1437z–10 Small Public Housing Agencies

Summary

Title 42, §1437z–10

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata