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FULL PACKET_2016-03-15
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FULL PACKET_2016-03-15
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. <br /> <br /> <br />Introduction <br />ABOUT THE REFERENCES CITED IN THE ADMINISTRATIVE PLAN <br />AUTHORITIES FOR POLICIES IN THE ADMINISTRATIVE PLAN <br />The authority for PHA policies is derived from many sources. Primary among these sources <br />are federal statutes, federal regulations, and guidance issued by HUD. State law also directs <br />PHA policy. State law must be followed where such law exists and does not conflict with <br />federal regulations. Industry practice may also be used to develop policy as long as it does <br />not conflict with federal requirements or prohibitions. <br /> <br />HUD <br />HUD provides the primary source of PHA policy through federal regulations, HUD notices, <br />and handbooks. Compliance with federal regulations, current HUD notices, and current <br />HUD handbooks is mandatory. <br />HUD also provides guidance to PHAs through other means such as HUD-published <br />guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD <br />guidance is optional, as long as PHA policies comply with federal law, federal regulations <br />and mandatory policy. Because HUD has already determined that the guidance it provides is <br />consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with <br />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 />Where there is no mandatory federal guidance, PHAs must comply with state law, if it <br />exists. Where state law is more restrictive than federal law, but does not conflict with it, the <br />PHA should follow the state law. <br />Industry Practice <br />Where no law or HUD authority exists on a particular subject, industry practice may <br />support PHA policy. Industry practice refers to a way of doing things or a policy that has <br />been adopted by a majority of PHAs. <br /> <br />RESOURCES CITED IN THE ADMINISTRATIVE PLAN <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 <br />plan may contain the entire name of the document or resource. Following is a key to <br />abbreviations used for various sources that are frequently cited in the administrative plan <br />and a list of references and document locations that are referenced in the administrative plan <br />or that may be helpful to you. <br /> <br /> <br /> <br /> <br />3-13
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