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HUD/PIH RIN: 2577-AC34 Publication ID: Spring 2003 
Title: Deregulation for Small Public Housing Agencies (FR-4753) 
Abstract: This rule simplifies and streamlines HUD's regulatory requirements for small public housing agencies (PHAs) that administer the public housing and voucher assistance programs under the United States Act of 1937 (1937 Act). Specifically, the rule will further streamline the PHA Annual Plan requirements for certain small PHAs. HUD also proposes to deregulate the assessment and scoring of small PHAs under the Public Housing Assessment System (PHAS) and the Section 8 Management Assessment Program (SEMAP), consistent with its basic regulatory responsibilities. In addition to the changes that solely concern small PHAs, this rule will also streamline HUD's review of the Annual Plans submitted by all PHAs (large and small). This final rule follows publication of an August 14, 2002, proposed rule and takes into consideration the public comments received on the proposed rule. 
Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 24 CFR 902    24 CFR 903    24 CFR 985   
Legal Authority: 42 USC 1437a    42 USC 1437c    42 USC 1437d(j)    42 USC 1437f    42 USC 3535(d)   
Legal Deadline:  None

Statement of Need: Although HUD has an obligation to monitor and regulate the use of Federal housing funds in order to ensure that taxpayer dollars are well spent, HUD is also mindful that compliance with its regulatory requirements may impose administrative burdens on PHAs and divert scarce resources. The cost of excessive regulation is especially problematic for small PHAs, because they often possess the fewest staff and technical resources. The changes made by this final rule will alleviate administrative burden, and better enable small PHAs to focus on their core mission of providing decent, safe, and affordable housing for the neediest American families.

Summary of the Legal Basis: The 1937 Act and HUD's authority under the Department of Housing and Urban Development Act authorize HUD to establish regulatory policies and procedures for the operation of the Federal public and assisted housing programs authorized by the 1937 Act.

Alternatives: The changes made by this final rule would modify regulatory requirements and, therefore, must also be promulgated through regulation. Nonregulatory alternatives (such as promulgation through HUD Notice) would not be binding upon PHAs.

Anticipated Costs and Benefits: This rule simplifies and streamlines regulatory requirements for small PHAs that administer HUD's public housing and voucher assistance programs. The anticipated benefit is that the rule will alleviate the administrative burden imposed on small PHAs, thereby freeing limited resources that may be better used for the provision of housing assistance for poor families.

Risks: The rule poses no threat to public safety, health, or the environment.

Timetable:
Action Date FR Cite
NPRM  08/14/2002  67 FR 53276   
NPRM Comment Period End  09/13/2002    
Final Action  05/00/2003    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local 
Small Entities Affected: Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Bessy Kong
Deputy Assistant Secretary for Policy, Program and Legislative Initiatives
Department of Housing and Urban Development
Office of Public and Indian Housing
Phone:202 708-0713