[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR902.67]

[Page 284-285]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 902_PUBLIC HOUSING ASSESSMENT SYSTEM--Table of Contents
 
                         Subpart F_PHAS Scoring
 
Sec. 902.67  Score and designation status.

    A PHA will receive a status designation corresponding to its final 
PHAS score as follows:
    (a) High performer. (1) A PHA that achieves a score of at least 60 
percent of the points available under each of the four PHAS Indicators 
(addressed in subparts B through E of this part) and achieves an overall 
PHAS score of 90 percent or greater of the total available points under 
PHAS shall be designated a high performer.
    (2) A PHA shall not be designated a high performer if it scores 
below the threshold established for any indicator.
    (3) High performers will be afforded incentives that include relief 
from reporting and other requirements, as described in Sec. 902.71.
    (b) Standard performer. (1) A PHA that is not a high performer shall 
be designated a standard performer if:
    (i) The PHA achieves a total PHAS score of not less than 60 percent 
of the total available points under PHAS; and
    (ii) The PHA does not achieve less than 60 percent of the total 
points available under one of the following indicators, PHAS Indicators 
1, 2, or 3
    (2) All standard performers must correct reported deficiencies.
    (3) A PHA that achieves a total PHAS score of less than 70 percent, 
but

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not less that 60 percent, is required by the HUB/Program Center to 
submit an Improvement Plan to correct identified deficiencies.
    (4) A PHA that achieves a total PHAS score of less than 70 percent 
but not less than 60 percent is at risk of being designated troubled.
    (c) Troubled performer. A PHA that is designated as troubled may be:
    (1) Overall troubled. A PHA that achieves an overall PHAS score of 
less than 60 percent or achieves less than 60 percent of the total 
points available under more than one of the following indicators, PHAS 
Indicators 1, 2, or 3, shall be designated as 
troubled (overall), and referred to the TARC as described in Sec. 
902.75.
    (2) Troubled in one area. (i) A PHA that achieves less than 60 
percent of the total points available under only one of the following 
indicators, PHAS Indicators 1, 2, or 3, shall 
be considered a substandard physical, substandard financial, or 
substandard management performer, and referred to the TARC as described 
in Sec. 902.75.
    (ii) In accordance with section 6(j)(2) of the Act, a PHA that 
receives less than 60 percent of the maximum calculation for the Capital 
Fund sub-indicator under PHAS Indicator 3 (Management 
Operations, subpart D of this part; see Sec. 902.43(a)) will be subject 
to the sanctions, provided in section 6(j)(4), as appropriate.
    (d) Withholding designation. (1) In exceptional circumstances, even 
though a PHA has satisfied all of the PHAS Indicators for high performer 
or standard performer designation, HUD may conduct any review as it may 
determine necessary, and may deny or rescind incentives or high 
performer designation or standard performer designation, in the case of 
a PHA that:
    (i) Is operating under a special agreement with HUD;
    (ii) Is involved in litigation that bears directly upon the 
physical, financial or management performance of a PHA;
    (iii) Is operating under a court order;
    (iv) Demonstrates substantial evidence of fraud or misconduct, 
including evidence that the PHA's certifications, submitted in 
accordance with this part, are not supported by the facts, as evidenced 
by such sources as a HUD review, routine reports, an Office of Inspector 
General investigation/audit, an independent auditor's audit or an 
investigation by any appropriate legal authority; or
    (v) Demonstrates substantial noncompliance in one or more areas of a 
PHA's required compliance with applicable laws and regulations, 
including areas not assessed under the PHAS. Areas of substantial 
noncompliance include, but are not limited to, noncompliance with civil 
rights, nondiscrimination and fair housing laws and regulations, or the 
Annual Contributions Contract. Substantial noncompliance casts doubt on 
the capacity of a PHA to preserve and protect its public housing 
developments and operate them consistent with Federal laws and 
regulations.
    (2) If high performer designation is denied or rescinded, the PHA 
shall be designated either a standard performer or troubled performer 
depending on the nature and seriousness of the matter or matters 
constituting the basis for HUD's action. If standard performer 
designation is denied or rescinded, the PHA shall be designated 
troubled.
    (3) The denial or rescission of a designation of high performer or 
standard performer does not affect the PHA's numerical PHAS score.
    (4) A PHA that disagrees with the basis for denial or rescission of 
the designation may make a written request for reinstatement of the 
designation to the Assistant Secretary for Public and Indian Housing 
which request shall include reasons for the reinstatement.

[65 FR 1738, Jan. 11, 2000, as amended at 65 FR 36045, June 6, 2000]