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HUD/PIH RIN: 2577-AC68 Publication ID: Spring 2011 
Title: Public Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial Default (FR-5094) 
Abstract: This rulemaking will make two sets of amendments on an interim basis to improve evaluation and oversight of public housing agencies (PHAs), while accepting additional public comment with a view to further development of PHAS. First, this rule will amend HUD's Public Housing Assessment System (PHAS) regulations for the purposes of: (1) revising certain PHAS regulations, based on HUD's experience with PHAS since it was established in 1998 as the new system for evaluating a PHA; (2) revising the management assessment to rely on material readily obtainable by HUD from current information systems, changing scoring weights to more accurately reflect the importance of specific elements, such as the physical condition of projects, removing the current resident satisfaction indicator pending further development, and making Capital Fund compliance into a separate indicator; and (3) updating certain PHAS procedures to reflect recent changes in public housing operations from conversion by PHAs to asset management, including updating and revising the PHAS scoring notices. Second, the rule will establish, in a separate part of the CFR, the regulations that specify the actions or inactions by which a PHA would be determined to be in substantial default, the procedures for a PHA to respond to such a determination or finding, and the sanctions available to HUD to address and remedy substantial default by a PHA. To date, such regulations have been included in the PHAS regulations, but the actions or inactions that constitute substantial default are not limited to failure to comply with PHAS regulations. Accordingly, the regulations applicable to substantial default are more appropriately codified in a separate CFR part. 
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 901, 902, and 907     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 1437d(j)    42 USC 3535(d)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/21/2008  73 FR 49544   
NPRM Comment Period End  10/20/2008    
NPRM Comment Period Extended  01/09/2009  74 FR 70928   
Interim Final Rule  02/23/2011  76 FR 10136   
Interim Final Rule Comment Period End  04/25/2011    
Final Action  09/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Claudia Yarus
Department of Housing and Urban Development
Office of Public and Indian Housing
451 Seventh Street SW,
Washington, DC 20410
Phone:202 475-8830