Current through Register 1531, September 27, 2024
(1) The Department will
issue written guidance to LHAs for the planning, development, submission and
implementation of Annual Plans, will offer technical support and guidance to LHAs in
connection with the Annual Plan process, and will also provide LHAs with information
regarding available technical support.
(2) Each LHA shall submit an Annual Plan to the
Department for approval before the LHA's fiscal year end. The Annual Plan shall be
developed and reviewed in accordance with Department guidelines and will include, at
a minimum, the following elements:
(a)
Capital Improvement Plan (CIP). An updated five year
Capital Improvement Plan describing how the LHA will preserve and modernize its
state-aided public housing units, showing the LHA's active projects and proposed
projects, the funding sources expected to be available over the next five years, and
the timeframe for planning and construction, based on assumptions and spending rules
established by the Department and in compliance with
760 CMR 11.00:
Modernization and Development of State-aided Public
Housing.
(b)
Maintenance and Repair Plan. A plan describing how the LHA
will utilize and prioritize its resources to address the challenges of effectively
maintaining its state-aided public housing units in the coming year.
(c)
Operating Budget. A
budget stating the income and costs of operating the LHA's state-aided housing
programs in the coming year, including any related forms required by DHCD, which
conforms to the Department's Accounting Manual and its annually-issued Budget
Guidelines.
(d)
Narrative. A description of actions that it has taken
during the past year in response to significant findings made by DHCD in its
Monitoring Program in accordance with Department guidelines. A description of the
LHA's goals and means by which it will meet or improve upon the performance-based
assessment standards established by the Department in the Monitoring
Program.
(e)
Policies. A list of LHA policies indicating the date of the
last revision of each policy.
(f)
Waivers. A description of all waivers from the Department's
regulations, the reason for the waiver, and the date the waiver was granted by the
Department.
(g)
Comments. A summary of all substantive comments received by
the LHA about the Annual Plan and the LHA's responses to those comments.
(h)
Other elements. The
Plan shall include other elements, if any, as required by Department notices or
guidelines.
(3)
Corrective Action Plans. In addition to the Annual Plan
elements stated above, any LHA that is required to submit a Corrective Action Plan
under the Monitoring Program shall also include the Corrective Action Plan in its
Annual Plan, as well as such other related material as the Department may
require.
(4) The Department may, in its
discretion, establish a streamlined Annual Plan format for:
(a) LHAs with more than 200 state-aided public
housing units that, pursuant to the Department's most recent review under the
Monitoring Program, have been determined not to be in need of corrective action;
or
(b) LHAs with fewer than 200
state-aided public housing units that have not been designated as "chronically poor
performing" under the Monitoring Program.
(5)
LTO and Resident
Participation. Each LHA shall comply with the requirements of
760 CMR
6.09: Tenant Participation and
any additional written guidance issued by the Department with respect to LTO and
resident participation in its Annual Plan review and comment process.
(6)
Public Notice, Hearing and
Comment. The LHA's Board or similar governing body shall conduct a
public hearing to invite public review and comment on the Annual Plan. The hearing
must be conducted at a location that is convenient to the residents served by the
LHA after the following public notice has been given:
(a) At least 45 days before the hearing is to take
place, the LHA shall publish a notice that a public hearing will take place on the
Annual Plan, including the date, time and location of the hearing, and stating the
agenda items that will be covered at the hearing, including, but not limited to, the
proposed operating budget, the proposed CIP, and the LHA's specific plan to meet or
improve upon the results of its Monitoring Program review.
(b) The LHA shall give public notice as required
in 760 CMR 4.16(6)(a) by posting on the LHA's website and in prominent locations in
the LHA's offices and community spaces and by notifying any LTOs. The required
public notice shall inform the public that the draft Annual Plan will be made
available for inspection at the LHA's Office during its normal business hours for a
period of at least 30 business days before the public hearing. The notice will also
instruct the public that the LHA will receive public comments on the Plan orally, in
writing and by email no later than the end of the day on which the public hearing
takes place.
(c)
Outreach. In addition to the notice requirements stated
above, LHAs shall conduct reasonable outreach activities to encourage broad public
participation in the Annual Plan.
(7) An LHA, after submitting its Annual Plan to
the Department, may not make any amendments that meet the criteria described in DHCD
guidelines as significant changes to the Annual Plan without the Department's prior
written approval.
(8) Any LHA that fails
to submit an Annual Plan meeting the requirements of 760 CMR 4.16 may be subject to
administrative budget sanctions and may be designated a "chronically poor
performing" LHA.
(9) The Department will
review and approve Annual Plans in accordance with criteria established in its
written guidelines.
