760 Mass. Reg. 4.16

Current through Register 1523, June 7, 2024
Section 4.16 - LHA Annual Plans
(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.

760 CMR 4.16

Amended by Mass Register Issue 1336, eff. 4/7/2017.
Amended by Mass Register Issue 1342, eff. 4/7/2017.