760 CMR 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.
4.16: continued
(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.
4.16: continued
(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.