---
kind: "section"
citation: "42 U.S.C. § 1437c–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1437c–1"
heading: "Public housing agency plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1437c-1"
units:
  - "Chapter 8 — Low-Income Housing"
  - "Subchapter I — General Program of Assisted Housing"
---

# §1437c–1. Public housing agency plans

- (a) **5-year plan—**
  - (1) **In general—** Subject to [paragraph (3)](#a-3), not less than once every 5 fiscal years, each public housing [agency](/usc/42/8262.md?p=1) shall submit to the [Secretary](/usc/42/242q–4.md?p=2) a plan that includes, with respect to the 5 fiscal years immediately following the date on which the plan is submitted—
    - (A) a statement of the mission of the public housing [agency](/usc/42/8262.md?p=1) for serving the needs of low-income and very low-income families in the jurisdiction of the public housing [agency](/usc/42/8262.md?p=1) during such fiscal years; and
    - (B) a statement of the goals and objectives of the public housing [agency](/usc/42/8262.md?p=1) that will enable the public housing [agency](/usc/42/8262.md?p=1) to serve the needs identified pursuant to [subparagraph (A)](#a-1-A) during those fiscal years.
  - (2) **Statement of goals—** The 5-year plan shall include a statement by any public housing [agency](/usc/42/8262.md?p=1) of the goals, objectives, policies, or programs that will enable the housing authority to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking.
  - (3) **Initial plan—** The initial 5-year plan submitted by a public housing [agency](/usc/42/8262.md?p=1) under this subsection shall be submitted for the 5-year period beginning on October 1, 1999, or the first fiscal year thereafter for which the public housing [agency](/usc/42/8262.md?p=1) initially receives assistance under this chapter.
- (b) **Annual plan—**
  - (1) **In general—** Effective beginning upon October 1, 1999, each public housing [agency](/usc/42/8262.md?p=1) shall submit to the [Secretary](/usc/42/242q–4.md?p=2) an annual public housing [agency](/usc/42/8262.md?p=1) plan under this subsection for each fiscal year for which the public housing [agency](/usc/42/8262.md?p=1) receives assistance under section [1437f(o)](/usc/42/1437f.md?p=o) or [1437g](/usc/42/1437g.md) of this title.
  - (2) **Updates—** For each fiscal year after the initial submission of an annual plan under this subsection by a public housing [agency](/usc/42/8262.md?p=1), the public housing [agency](/usc/42/8262.md?p=1) may comply with requirements for submission of a plan under this subsection by submitting an update of the plan for the fiscal year.
  - (3) **Exemption of certain PHAs from filing requirement—**
    - (A) **In general—** Notwithstanding [paragraph (1)](#b-1) or any other provision of this chapter—
      - (i) the requirement under [paragraph (1)](#b-1) shall not apply to any qualified public housing [agency](/usc/42/8262.md?p=1); and
      - (ii) except as provided in [subsection (e)(4)(B)](#e-4-B), any reference in this section or any other provision of law to a “public housing [agency](/usc/42/8262.md?p=1)” shall not be considered to refer to any qualified public housing [agency](/usc/42/8262.md?p=1), to the extent such reference applies to the requirement to submit an annual public housing [agency](/usc/42/8262.md?p=1) plan under this subsection.
    - (B) **Civil rights certification—** Notwithstanding that qualified public housing [agencies](/usc/42/8262.md?p=1) are exempt under [subparagraph (A)](#b-3-A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing [agency](/usc/42/8262.md?p=1) shall, on an annual basis, make the certification described in [paragraph (16)](#d-16) of subsection (d), except that for purposes of such qualified public housing [agencies](/usc/42/8262.md?p=1), such paragraph shall be applied by substituting “the public housing program of the [agency](/usc/42/8262.md?p=1)” for “the public housing [agency](/usc/42/8262.md?p=1) plan”.
    - (C) **Definition—** For purposes of this section, the term “qualified public housing [agency](/usc/42/8262.md?p=1)” means a public housing [agency](/usc/42/8262.md?p=1) that meets the following requirements:
      - (i) The sum of (I) the number of public housing dwelling units administered by the [agency](/usc/42/8262.md?p=1), and (II) the number of vouchers under [section 1437f(o)](/usc/42/1437f.md?p=o) of this title administered by the [agency](/usc/42/8262.md?p=1), is 550 or fewer.
      - (ii) The [agency](/usc/42/8262.md?p=1) is not designated under [section 1437d(j)(2) of this title](/usc/42/1437d.md?p=j-2) as a troubled public housing [agency](/usc/42/8262.md?p=1), and does not have a failing score under the section 8 [[42 U.S.C. 1437f](/usc/42/1437f.md)] Management Assessment Program during the prior 12 months.
- (c) **Procedures—**
  - (1) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) shall establish requirements and procedures for submission and review of plans, including requirements for timing and form of submission, and for the contents of such plans.
  - (2) **Contents—** The procedures established under [paragraph (1)](#c-1) shall provide that a public housing [agency](/usc/42/8262.md?p=1) shall—
    - (A) in developing the plan consult with the resident advisory board established under [subsection (e)](#e); and
    - (B) ensure that the plan under this section is consistent with the applicable comprehensive housing affordability strategy (or any consolidated plan incorporating such strategy) for the jurisdiction in which the public housing [agency](/usc/42/8262.md?p=1) is located, in accordance with title I of the Cranston-Gonzalez National Affordable Housing Act [[42 U.S.C. 12701](/usc/42/12701.md) et seq.], and contains a certification by the appropriate [State](/usc/42/2021b.md?p=14) or local official that the plan meets the requirements of this paragraph and a description of the manner in which the applicable contents of the public housing [agency](/usc/42/8262.md?p=1) plan are consistent with the comprehensive housing affordability strategy.
- (d) **Contents—** An annual public housing [agency](/usc/42/8262.md?p=1) plan under [subsection (b)](#b) for a public housing [agency](/usc/42/8262.md?p=1) shall contain the following information relating to the upcoming fiscal year for which the assistance under this chapter is to be made available:
  - (1) **Needs—** A statement of the housing needs of low-income and very low-income families residing in the jurisdiction served by the public housing [agency](/usc/42/8262.md?p=1), and of other low-income and very low-income families on the waiting list of the [agency](/usc/42/8262.md?p=1) (including housing needs of [elderly families](/usc/42/13641.md?p=1) and [disabled families](/usc/42/13641.md?p=1)), and the means by which the public housing [agency](/usc/42/8262.md?p=1) intends, to the maximum extent practicable, to address those needs.
  - (2) **Financial resources—** A statement of financial resources available to the [agency](/usc/42/8262.md?p=1) and the planned uses of those resources.
  - (3) **Eligibility, selection, and admissions policies—** A statement of the policies governing eligibility, selection, admissions (including any preferences), assignment, and occupancy of families with respect to public housing dwelling units and [housing assistance](/usc/42/13641.md?p=3) under [section 1437f(o)](/usc/42/1437f.md?p=o) of this title, including—
    - (A) the procedures for maintaining waiting lists for admissions to public housing [projects](/usc/42/13641.md?p=2) of the [agency](/usc/42/8262.md?p=1), which may include a system of site-based waiting lists under [section 1437d(r) of this title](/usc/42/1437d.md?p=r); and
    - (B) the admissions policy under [section 1437n(a)(3)(B) of this title](/usc/42/1437n.md?p=a-3-B) for deconcentration of lower-income families.
  - (4) **Rent determination—** A statement of the policies of the public housing [agency](/usc/42/8262.md?p=1) governing rents charged for public housing dwelling units and rental contributions of families assisted under [section 1437f(o)](/usc/42/1437f.md?p=o) of this title.
  - (5) **Operation and management—** A statement of the rules, standards, and policies of the public housing [agency](/usc/42/8262.md?p=1) governing maintenance and management of housing owned, assisted, or operated by the public housing [agency](/usc/42/8262.md?p=1) (which shall include measures necessary for the prevention or eradication of pest infestation, including by cockroaches), and management of the public housing [agency](/usc/42/8262.md?p=1) and programs of the public housing [agency](/usc/42/8262.md?p=1).
  - (6) **Grievance procedure—** A statement of the grievance procedures of the public housing [agency](/usc/42/8262.md?p=1).
  - (7) **Capital improvements—** With respect to public housing [projects](/usc/42/13641.md?p=2) owned, assisted, or operated by the public housing [agency](/usc/42/8262.md?p=1), a plan describing the capital improvements necessary to ensure long-term physical and social viability of the [projects](/usc/42/13641.md?p=2).
  - (8) **Demolition and disposition—** With respect to public housing [projects](/usc/42/13641.md?p=2) owned by the public housing [agency](/usc/42/8262.md?p=1)—
    - (A) a description of any housing for which the PHA will apply for demolition or disposition under [section 1437p of this title](/usc/42/1437p.md); and
    - (B) a timetable for the demolition or disposition.
  - (9) **Designation of housing for elderly and disabled families—** With respect to public housing [projects](/usc/42/13641.md?p=2) owned, assisted, or operated by the public housing [agency](/usc/42/8262.md?p=1), a description of any [projects](/usc/42/13641.md?p=2) (or portions thereof) that the public housing [agency](/usc/42/8262.md?p=1) has designated or will apply for designation for occupancy by elderly and [disabled families](/usc/42/13641.md?p=1) in accordance with [section 1437e of this title](/usc/42/1437e.md).
  - (10) **Conversion of public housing—** With respect to public housing owned by a public housing [agency](/usc/42/8262.md?p=1)—
    - (A) a description of any building or buildings that the public housing [agency](/usc/42/8262.md?p=1) is required to convert to tenant-based assistance under [section 1437z–5 of this title](/usc/42/1437z–5.md) or that the public housing [agency](/usc/42/8262.md?p=1) plans to voluntarily convert under [section 1437t of this title](/usc/42/1437t.md);
    - (B) an analysis of the [projects](/usc/42/13641.md?p=2) or buildings required to be converted under [section 1437z–5 of this title](/usc/42/1437z–5.md); and
    - (C) a statement of the amount of assistance received under this chapter to be used for rental assistance or other [housing assistance](/usc/42/13641.md?p=3) in connection with such conversion.
  - (11) **Homeownership—** A description of any homeownership programs of the [agency](/usc/42/8262.md?p=1) under [section 1437f(y) of this title](/usc/42/1437f.md?p=y) or for which the public housing [agency](/usc/42/8262.md?p=1) has applied or will apply for approval under [section 1437z–4 of this title](/usc/42/1437z–4.md).
  - (12) **Community service and self-sufficiency—** A description of—
    - (A) any programs relating to services and amenities provided or offered to assisted families;
    - (B) any policies or programs of the public housing [agency](/usc/42/8262.md?p=1) for the enhancement of the economic and social self-sufficiency of assisted families;
    - (C) how the public housing [agency](/usc/42/8262.md?p=1) will comply with the requirements of subsections (c) and (d) of [section 1437j of this title](/usc/42/1437j.md) (relating to community service and [treatment](/usc/42/11851.md?p=11) of income changes resulting from welfare program requirements).
  - (13) **Domestic violence, dating violence, sexual assault, or stalking programs—** A description of—
    - (A) any activities, services, or programs provided or offered by an [agency](/usc/42/8262.md?p=1), either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking;
    - (B) any activities, services, or programs provided or offered by a public housing [agency](/usc/42/8262.md?p=1) that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and
    - (C) any activities, services, or programs provided or offered by a public housing [agency](/usc/42/8262.md?p=1) to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families.
  - (14) **Safety and crime prevention—** A plan established by the public housing [agency](/usc/42/8262.md?p=1), which shall be subject to the following requirements:
    - (A) **Safety measures—** The plan shall provide, on a [project](/usc/42/13641.md?p=2)-by-[project](/usc/42/13641.md?p=2) or jurisdiction-wide basis, for measures to ensure the safety of public housing residents.
    - (B) **Establishment—** The plan shall be established in consultation with the police officer or officers in command for the appropriate precinct or police department.
    - (C) **Content—** The plan shall describe the need for measures to ensure the safety of public housing residents and for crime prevention measures, describe any such activities conducted or to be conducted by the [agency](/usc/42/8262.md?p=1), and provide for coordination between the [agency](/usc/42/8262.md?p=1) and the appropriate police precincts for carrying out such measures and activities.
    - (D) **Secretarial action—** If the [Secretary](/usc/42/242q–4.md?p=2) determines, at any time, that the security needs of a [project](/usc/42/13641.md?p=2) are not being adequately addressed by the plan, or that the local police precinct is not complying with the plan, the [Secretary](/usc/42/242q–4.md?p=2) may mediate between the public housing [agency](/usc/42/8262.md?p=1) and the local precinct to resolve any issues of conflict.
  - (15) **Pets—** The requirements of the [agency](/usc/42/8262.md?p=1), pursuant to [section 1437z–3 of this title](/usc/42/1437z–3.md), relating to pet ownership in public housing.
  - (16) **Civil rights certification—** A certification by the public housing [agency](/usc/42/8262.md?p=1) that the public housing [agency](/usc/42/8262.md?p=1) will carry out the public housing [agency](/usc/42/8262.md?p=1) plan in conformity with title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](/usc/42/2000d.md) et seq.], the Fair Housing Act [[42 U.S.C. 3601](/usc/42/3601.md) et seq.], section 504 of the Rehabilitation Act of 1973 [[29 U.S.C. 794](/usc/29/794.md)], and title II of the Americans with Disabilities Act of 1990 [[42 U.S.C. 12131](/usc/42/12131.md) et seq.], and will affirmatively further fair housing.
  - (17) **Annual audit—** The results of the most recent fiscal year audit of the public housing [agency](/usc/42/8262.md?p=1) under [section 1437c(h)(2) of this title](/usc/42/1437c.md?p=h-2).
  - (18) **Asset management—** A statement of how the [agency](/usc/42/8262.md?p=1) will carry out its asset management functions with respect to the public housing inventory of the [agency](/usc/42/8262.md?p=1), including how the [agency](/usc/42/8262.md?p=1) will plan for the long-term operating, capital investment, rehabilitation, [modernization](/usc/42/300s–3.md?p=9), disposition, and other needs for such inventory.
  - (19) **Other—** Any other information required by law to be included in a public housing [agency](/usc/42/8262.md?p=1) plan.
- (e) **Resident advisory board—**
  - (1) **In general—** Except as provided in [paragraph (3)](#e-3), each public housing [agency](/usc/42/8262.md?p=1) shall establish 1 or more resident advisory boards in accordance with this subsection, the membership of which shall adequately reflect and represent the residents assisted by the public housing [agency](/usc/42/8262.md?p=1).
  - (2) **Functions—** Each resident advisory board established under this subsection by a public housing [agency](/usc/42/8262.md?p=1) shall assist and make recommendations regarding the development of the public housing [agency](/usc/42/8262.md?p=1) plan for the [agency](/usc/42/8262.md?p=1). The [agency](/usc/42/8262.md?p=1) shall consider the recommendations of the resident advisory boards in preparing the final public housing [agency](/usc/42/8262.md?p=1) plan, and shall include, in the public housing [agency](/usc/42/8262.md?p=1) plan submitted to the [Secretary](/usc/42/242q–4.md?p=2) under this section, a copy of the recommendations and a description of the manner in which the recommendations were addressed.
  - (3) **Waiver—** The [Secretary](/usc/42/242q–4.md?p=2) may waive the requirements of this subsection with respect to the establishment of resident advisory boards for a public housing [agency](/usc/42/8262.md?p=1) if the [agency](/usc/42/8262.md?p=1) demonstrates to the satisfaction of the [Secretary](/usc/42/242q–4.md?p=2) that there exist resident councils or other resident organizations of the public housing [agency](/usc/42/8262.md?p=1) that—
    - (A) adequately represent the interests of the residents of the public housing [agency](/usc/42/8262.md?p=1); and
    - (B) have the ability to perform the functions described in [paragraph (2)](#e-2).
  - (4) **Qualified public housing agencies—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#e-4-B), nothing in this section may be construed to exempt a qualified public housing [agency](/usc/42/8262.md?p=1) from the requirement under [paragraph (1)](#e-1) to establish 1 or more resident advisory boards. Notwithstanding that qualified public housing [agencies](/usc/42/8262.md?p=1) are exempt under [subsection (b)(3)(A)](#b-3-A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing [agency](/usc/42/8262.md?p=1) shall consult with, and consider the recommendations of the resident advisory boards for the [agency](/usc/42/8262.md?p=1), at the annual public hearing required under [subsection (f)(5)](#f-5), regarding any changes to the goals, objectives, and policies of that [agency](/usc/42/8262.md?p=1).
    - (B) **Applicability of waiver authority—** [Paragraph (3)](#e-3) shall apply to qualified public housing [agencies](/usc/42/8262.md?p=1), except that for purposes of such qualified public housing [agencies](/usc/42/8262.md?p=1), [subparagraph (B)](#e-4-B) of such paragraph shall be applied by substituting “the functions described in the second sentence of [paragraph (4)(A)](#e-4-A)” for “the functions described in [paragraph (2)](#e-2)”.
- (f) **Public hearings—**
  - (1) **In general—** In developing a public housing [agency](/usc/42/8262.md?p=1) plan under this section, the board of [directors](/usc/42/11851.md?p=5) or similar governing body of a public housing [agency](/usc/42/8262.md?p=1) shall conduct a public hearing to discuss the public housing [agency](/usc/42/8262.md?p=1) plan and to invite public comment regarding that plan. The hearing shall be conducted at a location that is convenient to residents.
  - (2) **Availability of information and notice—** Not later than 45 days before the date of a hearing conducted under [paragraph (1)](#f-1), the public housing [agency](/usc/42/8262.md?p=1) shall—
    - (A) make the proposed public housing [agency](/usc/42/8262.md?p=1) plan and all information relevant to the hearing and proposed plan available for inspection by the public at the principal office of the public housing [agency](/usc/42/8262.md?p=1) during normal business hours; and
    - (B) publish a notice informing the public that—
      - (i) that[^1] the information is available as required under [subparagraph (A)](#f-2-A); and
      - (ii) that[^1] a public hearing under [paragraph (1)](#f-1) will be conducted.
  - (3) **Adoption of plan—** A public housing [agency](/usc/42/8262.md?p=1) may adopt a public housing [agency](/usc/42/8262.md?p=1) plan and submit the plan to the [Secretary](/usc/42/242q–4.md?p=2) in accordance with this section only after—
    - (A) conducting a public hearing under [paragraph (1)](#f-1);
    - (B) considering all public comments received; and
    - (C) making any appropriate changes in the public housing [agency](/usc/42/8262.md?p=1) plan, in consultation with the resident advisory board.
  - (4) **Advisory board consultation enforcement—** Pursuant to a written request made by the resident advisory board for a public housing [agency](/usc/42/8262.md?p=1) that documents a failure on the part of the [agency](/usc/42/8262.md?p=1) to provide adequate notice and opportunity for comment under this subsection and a finding by the [Secretary](/usc/42/242q–4.md?p=2) of good cause within the time period provided for in [subsection (i)(4)](#i-4), the [Secretary](/usc/42/242q–4.md?p=2) may require the public housing [agency](/usc/42/8262.md?p=1) to adequately remedy such failure before final approval of the public housing [agency](/usc/42/8262.md?p=1) plan under this section.
  - (5) **Qualified public housing agencies—**
    - (A) **Requirement—** Notwithstanding that qualified public housing [agencies](/usc/42/8262.md?p=1) are exempt under [subsection (b)(3)(A)](#b-3-A) from the requirement under this section to conduct a public hearing regarding the annual public housing plan of the [agency](/usc/42/8262.md?p=1), each qualified public housing [agency](/usc/42/8262.md?p=1) shall annually conduct a public hearing—
      - (i) to discuss any changes to the goals, objectives, and policies of the [agency](/usc/42/8262.md?p=1); and
      - (ii) to invite public comment regarding such changes.
    - (B) **Availability of information and notice—** Not later than 45 days before the date of any hearing described in [subparagraph (A)](#f-5-A), a qualified public housing [agency](/usc/42/8262.md?p=1) shall—
      - (i) make all information relevant to the hearing and any determinations of the [agency](/usc/42/8262.md?p=1) regarding changes to the goals, objectives, and policies of the [agency](/usc/42/8262.md?p=1) to be considered at the hearing available for inspection by the public at the principal office of the public housing [agency](/usc/42/8262.md?p=1) during normal business hours; and
      - (ii) publish a notice informing the public that—
        - (I) the information is available as required under [clause (i)](#f-5-B-i); and
        - (II) a public hearing under [subparagraph (A)](#f-5-A) will be conducted.
- (g) **Amendments and modifications to plans—**
  - (1) **In general—** Except as provided in [paragraph (2)](#g-2), nothing in this section shall preclude a public housing [agency](/usc/42/8262.md?p=1), after submitting a plan to the [Secretary](/usc/42/242q–4.md?p=2) in accordance with this section, from amending or modifying any policy, rule, regulation, or plan of the public housing [agency](/usc/42/8262.md?p=1), except that a significant amendment or modification may not—
    - (A) be adopted, other than at a duly called meeting of board of [directors](/usc/42/11851.md?p=5) (or similar governing body) of the public housing [agency](/usc/42/8262.md?p=1) that is open to the public; and
    - (B) be implemented, until notification of the amendment or modification is provided to the [Secretary](/usc/42/242q–4.md?p=2) and approved in accordance with [subsection (i)](#i).
  - (2) **Consistency and notice—** Each significant amendment or modification to a public housing [agency](/usc/42/8262.md?p=1) plan submitted to the [Secretary](/usc/42/242q–4.md?p=2) under this section shall—
    - (A) meet the requirements under [subsection (c)(2)](#c-2) (relating to consultation with resident advisory board and consistency with comprehensive housing affordability strategies); and
    - (B) be subject to the notice and public hearing requirements of [subsection (f)](#f).
- (h) **Submission of plans—**
  - (1) **Initial submission—** Each public housing [agency](/usc/42/8262.md?p=1) shall submit the initial plan required by this section, and any amendment or modification to the initial plan, to the [Secretary](/usc/42/242q–4.md?p=2) at such time and in such form as the [Secretary](/usc/42/242q–4.md?p=2) shall require.
  - (2) **Annual submission—** Not later than 75 days before the start of the fiscal year of the public housing [agency](/usc/42/8262.md?p=1), after submission of the initial plan required by this section in accordance with subparagraph (A), each public housing [agency](/usc/42/8262.md?p=1) shall annually submit to the [Secretary](/usc/42/242q–4.md?p=2) a plan update, including any amendments or modifications to the public housing [agency](/usc/42/8262.md?p=1) plan.
- (i) **Review and determination of compliance—**
  - (1) **Review—** Subject to [paragraph (2)](#i-2), after submission of the public housing [agency](/usc/42/8262.md?p=1) plan or any amendment or modification to the plan to the [Secretary](/usc/42/242q–4.md?p=2), to the extent that the [Secretary](/usc/42/242q–4.md?p=2) considers such action to be necessary to make determinations under this paragraph, the [Secretary](/usc/42/242q–4.md?p=2) shall review the public housing [agency](/usc/42/8262.md?p=1) plan (including any amendments or modifications thereto) and determine whether the contents of the plan—
    - (A) set forth the information required by this section and this chapter to be contained in a public housing [agency](/usc/42/8262.md?p=1) plan;
    - (B) are consistent with information and data available to the [Secretary](/usc/42/242q–4.md?p=2), including the approved comprehensive housing affordability strategy under title I of the Cranston-Gonzalez National Affordable Housing Act [[42 U.S.C. 12701](/usc/42/12701.md) et seq.] for the jurisdiction in which the public housing [agency](/usc/42/8262.md?p=1) is located; and
    - (C) are not prohibited by or inconsistent with any provision of this subchapter or other applicable law.
  - (2) **Elements exempted from review—** The [Secretary](/usc/42/242q–4.md?p=2) may, by regulation, provide that one or more elements of a public housing [agency](/usc/42/8262.md?p=1) plan shall be reviewed only if the element is challenged, except that the [Secretary](/usc/42/242q–4.md?p=2) shall review the information submitted in each plan pursuant to paragraphs [(3)(B)](#d-3-B), [(8)](#d-8), and [(15)](#d-15) of subsection (d).
  - (3) **Disapproval—** The [Secretary](/usc/42/242q–4.md?p=2) may disapprove a public housing [agency](/usc/42/8262.md?p=1) plan (or any amendment or modification thereto) only if [Secretary](/usc/42/242q–4.md?p=2) determines that the contents of the plan (or amendment or modification) do not comply with the requirements under subparagraph [(A)](#i-1-A) through [(C)](#i-1-C) of paragraph (1).
  - (4) **Determination of compliance—**
    - (A) **In general—** Except as provided in [subsection (j)(2)](#j-2), not later than 75 days after the date on which a public housing [agency](/usc/42/8262.md?p=1) plan is submitted in accordance with this section, the [Secretary](/usc/42/242q–4.md?p=2) shall make the determination under [paragraph (1)](#i-1) and provide written notice to the public housing [agency](/usc/42/8262.md?p=1) if the plan has been disapproved. If the [Secretary](/usc/42/242q–4.md?p=2) disapproves the plan, the notice shall [state](/usc/42/2021b.md?p=14) with specificity the reasons for the disapproval.
    - (B) **Failure to provide notice of disapproval—** In the case of a plan disapproved, if the [Secretary](/usc/42/242q–4.md?p=2) does not provide notice of disapproval under [subparagraph (A)](#i-4-A) before the expiration of the period described in [subparagraph (A)](#i-4-A), the [Secretary](/usc/42/242q–4.md?p=2) shall be considered, for purposes of this chapter, to have made a determination that the plan complies with the requirements under this section and the [agency](/usc/42/8262.md?p=1) shall be considered to have been notified of compliance upon the expiration of such period. The preceding sentence shall not preclude judicial review regarding such compliance pursuant to [chapter 7](/usc/5/chptI/ch7.md) of title 5 or an action regarding such compliance under [section 1983 of this title](/usc/42/1983.md).
  - (5) **Public availability—** A public housing [agency](/usc/42/8262.md?p=1) shall make the approved plan of the [agency](/usc/42/8262.md?p=1) available to the general public.
- (j) **Troubled and at-risk PHAs—**
  - (1) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) may require, for each public housing [agency](/usc/42/8262.md?p=1) that is at risk of being designated as troubled under [section 1437d(j)(2) of this title](/usc/42/1437d.md?p=j-2) or is designated as troubled under [section 1437d(j)(2) of this title](/usc/42/1437d.md?p=j-2), that the public housing [agency](/usc/42/8262.md?p=1) plan for such [agency](/usc/42/8262.md?p=1) include such additional information as the [Secretary](/usc/42/242q–4.md?p=2) determines to be appropriate, in accordance with such standards as the [Secretary](/usc/42/242q–4.md?p=2) may establish or in accordance with such determinations as the [Secretary](/usc/42/242q–4.md?p=2) may make on an [agency](/usc/42/8262.md?p=1)-by-[agency](/usc/42/8262.md?p=1) basis.
  - (2) **Troubled agencies—** The [Secretary](/usc/42/242q–4.md?p=2) shall provide explicit written approval or disapproval, in a timely manner, for a public housing [agency](/usc/42/8262.md?p=1) plan submitted by any public housing [agency](/usc/42/8262.md?p=1) designated by the [Secretary](/usc/42/242q–4.md?p=2) as a troubled public housing [agency](/usc/42/8262.md?p=1) under [section 1437d(j)(2) of this title](/usc/42/1437d.md?p=j-2).
- (k) **Streamlined plan—** In carrying out this section, the [Secretary](/usc/42/242q–4.md?p=2) may establish a streamlined public housing [agency](/usc/42/8262.md?p=1) plan for—
  - (A) public housing [agencies](/usc/42/8262.md?p=1) that are determined by the [Secretary](/usc/42/242q–4.md?p=2) to be high performing public housing [agencies](/usc/42/8262.md?p=1);
  - (B) public housing [agencies](/usc/42/8262.md?p=1) with less than 250 public housing units that have not been designated as troubled under [section 1437d(j)(2) of this title](/usc/42/1437d.md?p=j-2); and
  - (C) public housing [agencies](/usc/42/8262.md?p=1) that only administer tenant-based assistance and that do not own or operate public housing.
- (l) **Compliance with plan—**
  - (1) **In general—** In providing assistance under this subchapter, a public housing [agency](/usc/42/8262.md?p=1) shall comply with the rules, standards, and policies established in the public housing [agency](/usc/42/8262.md?p=1) plan of the public housing [agency](/usc/42/8262.md?p=1) approved under this section.
  - (2) **Investigation and enforcement—** In carrying out this subchapter, the [Secretary](/usc/42/242q–4.md?p=2) shall—
    - (A) provide an appropriate response to any complaint concerning noncompliance by a public housing [agency](/usc/42/8262.md?p=1) with the applicable public housing [agency](/usc/42/8262.md?p=1) plan; and
    - (B) if the [Secretary](/usc/42/242q–4.md?p=2) determines, based on a finding of the [Secretary](/usc/42/242q–4.md?p=2) or other information available to the [Secretary](/usc/42/242q–4.md?p=2), that a public housing [agency](/usc/42/8262.md?p=1) is not complying with the applicable public housing [agency](/usc/42/8262.md?p=1) plan, take such actions as the [Secretary](/usc/42/242q–4.md?p=2) determines to be appropriate to ensure such compliance.

## Footnotes

[^1]: So in original. The word “that” probably should not appear.

## Source credit

(Sept. 1, 1937, ch. 896, title I, § 5A, as added Pub. L. 105–276, title V, § 511(a), Oct. 21, 1998, 112 Stat. 2531; amended Pub. L. 109–162, title VI, § 603, Jan. 5, 2006, 119 Stat. 3040; Pub. L. 110–289, div. B, title VII, § 2702, July 30, 2008, 122 Stat. 2863.)

## Notes

### Editorial Notes

### References in Text

The Cranston-Gonzalez National Affordable Housing Act, referred to in subsecs. (c)(2)(B) and (i)(1)(B), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079. Title I of the Act is classified generally to subchapter I (§ 12701 et seq.) of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (d)(16), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

The Fair Housing Act, referred to in subsec. (d)(16), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.

The Americans with Disabilities Act of 1990, referred to in subsec. (d)(16), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title II of the Act is classified generally to subchapter II (§ 12131 et seq.) of chapter 126 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

### Amendments

2008—Subsec. (b)(3). Pub. L. 110–289, § 2702(a), added par. (3).

Subsec. (e)(4). Pub. L. 110–289, § 2702(b)(1), added par. (4).

Subsec. (f). Pub. L. 110–289, § 2702(b)(1), inserted subsec. designation and heading.

Subsec. (f)(5). Pub. L. 110–289, § 2702(b)(2), added par. (5).

2006—Subsec. (a)(1). Pub. L. 109–162, § 603(1)(A), substituted “paragraph (3)” for “paragraph (2)”.

Subsec. (a)(2), (3). Pub. L. 109–162, § 603(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (d)(13) to (19). Pub. L. 109–162, § 603(2), (3), added par. (13) and redesignated former pars. (13) to (18) as (14) to (19), respectively.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 105–276, title V, § 511(e), Oct. 21, 1998, 112 Stat. 2539, provided that: “This section [enacting this section, amending section 1437d of this title, and enacting provisions set out as notes under this section] shall take effect, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].”

### Regulations

Pub. L. 105–276, title V, § 511(b), Oct. 21, 1998, 112 Stat. 2538, provided that: Interim rule.—Not later than 120 days after the date of the enactment of this Act [Oct. 21, 1998], the Secretary shall issue an interim rule to require the submission of an interim public housing agency plan by each public housing agency, as required by section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c–1] (as added by subsection (a) of this section). The interim rule shall provide for a public comment period of not less than 60 days. Final regulations.—Not later than 1 year after the date of the enactment of this Act [Oct. 21, 1998], the Secretary shall issue final regulations implementing section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c–1] (as added by subsection (a) of this section). Factors for consideration.—Before the publication of the final regulations under paragraph (2), in addition to public comments invited in connection with the publication of the interim rule, the Secretary shall— seek recommendations on the implementation of section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c–1] (as added by this [sic] subsection (a) of this section) from organizations representing— State or local public housing agencies; residents, including resident management corporations; and other appropriate parties; and convene not less than 2 public forums at which the persons or organizations making recommendations under subparagraph (A) may express views concerning the proposed disposition of the recommendations.The Secretary shall publish in the final rule a summary of the recommendations made and public comments received and the Department of Housing and Urban Development’s response to such recommendations and comments.”

### Audit and Review; Report

Pub. L. 105–276, title V, § 511(c), Oct. 21, 1998, 112 Stat. 2538, provided that: Audit and review.—Not later than 1 year after the effective date of final regulations issued under subsection (b)(2) [set out as a note above], in order to determine the degree of compliance, by public housing agencies, with public housing agency plans approved under section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c–1] (as added by subsection (a) of this section), the Comptroller General of the United States shall conduct— a review of a representative sample of the public housing agency plans approved under such section 5A before such date; and an audit and review of the public housing agencies submitting such plans. Report.—Not later than 2 years after the date on which public housing agency plans are initially required to be submitted under section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c–1] (as added by subsection (a) of this section) the Comptroller General of the United States shall submit to the Congress a report, which shall include— a description of the results of each audit and review under paragraph (1); and any recommendations for increasing compliance by public housing agencies with their public housing agency plans approved under section 5A of the United States Housing Act of 1937 (as added by subsection (a) of this section).”