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4-1 SUBMISSION ANNUAL ADMIN PLAN_EXHIBIT 3
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4-1 SUBMISSION ANNUAL ADMIN PLAN_EXHIBIT 3
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Last modified
3/17/2015 11:31:20 AM
Creation date
4/10/2014 3:50:49 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
4-1
Date
4/1/2015
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<br /> <br /> <br />Introduction <br /> <br />ABOUT THE REFERENCES CITED IN THE ADMINISTRATIVE PLAN <br />AUTHORITIES FOR POLICIES IN THE ADMINISTRATIVE PLAN <br /> <br />The authority for PHA policies is derived from many sources. Primary among these sources are <br />federal statutes, federal regulations, and guidance issued by HUD. State law also directs PHA <br />policy. State law must be followed where such law exists and does not conflict with federal <br />regulations. Industry practice may also be used to develop policy as long as it does not conflict <br />with federal requirements or prohibitions. <br /> <br />HUD <br /> <br />HUD provides the primary source of PHA policy through federal regulations, HUD notices, and <br />handbooks. Compliance with federal regulations, current HUD notices, and current HUD <br />handbooks is mandatory. <br />HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, <br />expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, <br />as long as PHA policies comply with federal law, federal regulations and mandatory policy. <br />Because HUD has already determined that the guidance it provides is consistent with mandatory <br />policies, PHA reliance on HUD guidance provides the PHA with a "safe harbor." <br />Material posted on the HUD website can provide further clarification of HUD policies. For <br />example, FAQs on the HUD website can provide direction on the application of federal <br />regulations in various aspects of the program. <br />State Law <br /> <br />Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists. <br />Where state law is more restrictive than federal law, but does not conflict with it, the PHA <br />should follow the state law. <br />Industry Practice <br /> <br />Where no law or HUD authority exists on a particular subject, industry practice may support <br />PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted <br />by a majority of PHAs . <br /> <br />RESOURCES CITED IN THE ADMINISTRATIVE PLAN <br /> <br />The administrative plan cites several documents. Where a document or resource is cited <br />frequently, it may be abbreviated. Where it is cited only once or twice, the administrative plan <br />may contain the entire name of the document or resource. Following is a key to abbreviations <br />used for various sources that are frequently cited in the administrative plan and a list of <br />references and document locations that are referenced in the administrative plan or that may be <br />helpful to you. <br /> <br /> <br /> <br /> <br /> <br /> <br />. <br /> <br /> <br />
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