24 C.F.R. § 903.4

What are the public housing agency plans?

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(a) Types of plans. There are two public housing agency plans. They are:

(1) The 5-Year Plan (the 5-Year Plan) that a public housing agency (PHA) must submit to HUD once every five PHA fiscal years. The 5-Year Plan covers the five PHA fiscal years immediately following the date on which the 5-Year Plan is due to HUD; and

(2) The Annual Plan (Annual Plan) that the PHA must submit to HUD for each fiscal year immediately following the date on which the Annual Plan is due to HUD and for which the PHA receives:

(i) Section 8 assistance (tenant-based assistance (24 CFR part 982) and project-based assistance (24 CFR part 983) under Section 8(o) of the U.S. Housing Act of 1937, 42 U.S.C. 1437f(o)); or

(ii) Amounts from the public housing operating fund or capital fund (under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (public housing)).

(b) Format. HUD may prescribe the format of submission (including electronic format submission) of the plans. HUD also may prescribe the format of attachments to the plans and documents related to the plan that the PHA does not submit but may be required to make available locally. PHAs will receive appropriate notice of any prescribed format.

(c) Applicability. The requirements of this subpart only apply to a PHA that receives the type of assistance described in paragraph (a) of this section.

(d) Authority for waivers. In addition to the waiver authority provided in § 5.110 of this title, the Secretary may, subject to statutory limitations, waive any provision of this title on a program-wide basis, and delegate this authority in accordance with section 106 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3535(q)) where the Secretary determines that such waiver is necessary for the effective implementation of this part.

[65 FR 81222, Dec. 22, 2000, as amended 89 FR 38292, May 7, 2024]

Notes of Decisions

Cited in 2 cases, 2003–2010 · leading case: Baldwin v. Hous. Auth. of City of Camden, NJ, 278 F. Supp. 2d 365 (D.N.J. 2003).

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Baldwin v. Hous. Auth. of City of Camden, NJ, 278 F. Supp. 2d 365 (D.N.J. 2003). “Id; 24 C.F.R. § 903.4 . HACC’s Annual Plan for Fiscal Years 2000 through 2002 did not expressly include creditworthiness as a screening criterion for applicants seeking Section 8 assistance.”

Maldonado v. Mun. of Barceloneta, 682 F. Supp. 2d 109 (D.P.R. 2010). · cites it 2× “The Annual Plan is the document that the PHA submits to HUD under 24 C.F.R. § 903.4 . (Docket No. 214-2 at 39, ¶ 5 & Docket No.”

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