Summary of Latest Proposal to Drastically Streamline the PHA Plan Template
August 24, 2007
On August 15, the Office of Public and Indian Housing (PIH) published a “Notice of Proposed Information Collection for Public Comment” in the Federal Register. It proposed extreme revisions to the PHA Plan template. One year ago HUD also proposed drastic streamlining of the electronic PHA Plan template on August 22, 2006 (see RegWatch entries, 8/22/06, 9/15/06, 9/29/06, 10/17/06). Then on May 7, 2007 (see entries for 5/07/07 and 5/14/07) HUD announced an “emergency” seven-day notice seeking severe cuts in the template. To date, no changes have ever been finalized and the version of the template that has long been in use remains.
The proposed streamlined PHA Plan template would apply to all PHAs, “standard,” “small,” “high performing,” “Section 8 Only,” and “troubled.” However, small PHAs and high performing PHAs only need to complete the sections regarding housing needs and the strategy for meeting housing needs every five years.
Background
The Public Housing Agency Plan (PHA Plan) is a compilation of 19 statutorily required components such as admissions policies, waiting list policies, and grievance procedures. PHA Plans must be submitted annually, showing how the PHA is working toward the goals in its 5-Year PHA Plan. It is important to keep in mind the distinction between the actual PHA Plan and the electronic PHA Plan template, which is the subject of the Federal Register notice. The actual PHA Plan is a gathering together into a single binder, folder, drawer, box, etc., all paper versions of the 19 required components, as well as required attachments and supporting documents.
The existing template is an electronic outline and summary of what is required. PHAs send templates to HUD, which posts them on the HUD website at http://www.hud.gov/offices/pih/pha/index.cfm. The traditional PHA Plan template currently in use requires PHAs to place a check mark next to various policy options for each statutorily required policy component, and it also allows for longer, narrative explanations. The current template has 41 pages.
HUD’s proposed streamlining from August 2006 would have cut the template to three and a half pages, while the May 2007 proposed “emergency” streamlining would have resulted in a three-page template. HUD’s current proposal would shrink the template to one and a third pages.
The Proposal Would Eliminate Information and Guidance Useful for Residents
The traditional template weaves the law’s and regulations’ content requirements into the step-by-step instructions for completing the PHA Plan template, along with the detailed tables and multiple policy options with boxes to “check.” Such guidance helps to foster thinking about the best way to present information and better assures that the information provided is sufficient. Currently, the PHA Plan template addresses all 19 required PHA Plan components in an accessible online fashion.
The 19 Required Components Are No Longer Indicated
HUD’s drastic streamlining proposal would result in none of these 19 required PHA Plan components being addressed online; as proposed, the PHA Plan template would not even list or otherwise name the 19 required components. It would merely ask the PHA to indicate which components were revised during the previous year. There would be no obligation to indicate how a component was revised so that the public could assess the revision.
Such severe cuts to the template will make it far more difficult for residents to know what policy documents should be available and which features of those documents ought to be addressed. Without direct reminders in the template, residents will not necessarily know what is missing, and it is possible that many PHAs will submit incomplete information about many of the 19 required PHA Plan components. The lack of electronic access will greatly reduce availability to residents and the general public.
Because the actual PHA Plan must be available to the public, the draft instructs PHAs to include the locations where residents and the public can obtain copies of the paper PHA Plan, places such as the PHA main office, PHA website, or library.
70 Policy References Cut
HUD proposes to eliminate a list of more than 70 public housing and voucher policies such as: eligibility, waiting list organization, unit assignment, admissions preferences, occupancy, deconcentration and income mixing, rent determination, grievance procedures, and search time and payment standards (for voucher users). Although these policies must be a part of the paper PHA Plan, the 70-plus policies and their multiple check-boxes provide instruction and guidance for residents and the general public.
Other Clues to PHA Plan Obligations Eliminated
Also proposed for elimination from the existing template are a list of “Required Attachments” (such as a list of Resident Advisory Board (RAB) members, a list of resident PHA Board members, the Admissions Policy for Deconcentration, etc.) and a list of “Supporting Documents” that are available for review (such as Admissions and Occupancy Policy, Section 8 Administrative Plan, public housing rent determination policies, etc.). HUD’s proposed streamlining would make it more difficult for residents to know what policy documents should be available and which features of those documents ought to be addressed.
Needs Table and Waiting List Tables Eliminated
The familiar, easy-to-read Housing Needs table and the Public Housing and Voucher Waiting List tables would be eliminated. Housing needs, based on the ConPlan and “other generally available data,” are to be discussed in written form only. HUD asks PHAs to discuss the needs of low income, very low income, elderly, and disabled households. (Although the needs table on the current template has cells for extremely low income households, the proposed template eliminates reference to them). Needs are to be identified according to race and ethnicity. The needs of those on the public housing and voucher waiting lists are to be presented. The supply of housing and its affordability, quality, accessibility, size, and location are also to be in the proposed narrative description of need. However, without the tables, it will be more difficult for residents and the general public to determine whether the PHA has included a needs analysis for all of the key population segments.
The current, traditional template’s list of eight possible strategies for addressing needs would be eliminated. For example, one strategy suggested in the existing template is “Maximize the number of affordable units available,” listing 11 ideas which the PHA could place a check mark by. While such check-boxes might offer only a limited range of options, they serve to promote thinking by offering ideas and making room for any number of “other” actions.
Extremely Low Income People Are Not Highlighted in The Mission and Goals Statements
The instructions for the box on the proposed template asking the PHA to state its mission would not instruct the PHA to express its mission with regard to extremely low income people, although the box itself would. Also, extremely low income people are not referred to in relation to the PHA’s goals and objectives. In addition, the six sample sets of goals and their associated check-boxes in the current template would be dropped; diminishing potential help in generating ideas about possible goals.
Demolition, Disposition, Conversion to Vouchers, and HOPE VI Hidden
Another dramatic change would eliminate the boxes and check lists describing a PHA’s plans regarding demolition/disposition, HOPE VI, and conversion to tenant-based vouchers. Although the proposed instructions contain much of the same language as the current template, the loss of the template’s boxes and check lists (which indicate, for example, whether a PHA plans to demolish buildings and what the timetable for demolition might be) will make it much more difficult for residents and the general public to know all that is required. Also, the proposed instructions have other subtle language changes which will result in less information; for example, the draft omits the requirement to provide the names of developments slated for demolition, disposition, conversion, or HOPE VI.
Capital Fund Program
HUD proposes dropping the part of the template referring to the Capital Fund Program Annual Statement and the Optional 5-Year Action Plan. The proposed template lists these as documents that must be sent to HUD, but the loss of the description could, again, leave residents and the general public in the dark. (The current template instructs PHAs to identify the capital activities they propose to undertake in the upcoming year to ensure the long-term physical and social viability of public housing developments.)
As in the past, the PHA must submit a form regarding the Capital Fund Program. However, HUD proposes changes to the previous form (which was either a table in the “library” of the original PHA Plan template, or at the PHA’s option, HUD-52837) and now has a specific number for it, HUD-50075.1, Capital Fund Program Annual Statement/Performance and Evaluation Report form. Also, a new form, Five-Year Action Plan, (HUD-50075.2) is proposed; it would be required to be submitted each year, eliminating information from the previous year and adding a new fifth year – so that the form always covers the present five-year period. Currently a 5-Year Action Plan for the Capital Fund is an optional table.
The Lone Improvement
The proposed streamlined template would improve upon the May, 2007 proposal by requiring comments about the PHA Plan submitted by the Resident Advisory Board (RAB) be attached to the Plan (and by implication to the template). Although the instructions would not require it, the template box would also require an analysis of the RAB recommendations and the PHA’s response to them. The proposed streamlining would, however, cut the description of the process for electing residents to the PHA Board.
HUD “Review” Is Not the Same as “Submit”
HUD continues to justify eviscerating the PHA Plan template by referring to the portions of the law and regulations which allow HUD to limit its “review” of PHA Plan components to: deconcentration admissions policies; demolition and disposition plans; capital improvement plans; a civil rights certification; and, any other element challenged by the community. (The proposed template even fails at this because it does not instruct PHAs to submit for HUD review, any component of the PHA Plan which has been challenged by the community.)
However, in nine places the law requires that a PHA Plan and all of its elements be “submitted” to HUD. Therefore, the current template should be kept, as HUD professes, it is “an easily identifiable means by which public housing residents and participants in the tenant-based assistance programs and other members of the public may locate basic PHA policies, rules, and requirements.”
Links to the Relevant Documents
Here are the links to the materials associated with the August 15 Federal Register notice:
The Federal Register notice is at http://www.nlihc.org/doc/Federa-lRegister-Notice-of-Proposed-Revisions.pdf
The Supporting Statement for Revisions is at http://www.nlihc.org/doc/OMB_83-I_PHA-Plan.pdf
The PHA 5-Year and Annual Plan form and Instructions for completing it are at http://www.nlihc.org/doc/HUD-50075.pdf
The Instructions for completing the Capital Fund Annual Statement and Performance Report are at http://www.nlihc.org/doc/HUD-50075-1-Instructions.pdf
The Capital Fund Annual Statement and Performance Report form is at www.nlihc.org/doc/HUD-50075-1-revised_8-2-2007.pdf
The Instructions for completing the Capital Fund, Five-Year Plan are at
http://www.nlihc.org/doc/HUD-50075-2-Instructions.pdf
The Capital Fund, Five-Year Action Plan is at http://www.nlihc.org/doc/HUD-50075-2.pdf
