42 U.S.C. § 1437z–10 — Small public housing agencies

(a) Definitions. (1) “Housing voucher program” means a program providing tenant-based assistance under section 1437f. This section does not otherwise define that term. (2) “Small public housing agency” means an agency that administers no more than 550 public-housing units plus vouchers under section 1437f(o), and that mainly operates in a rural area as described in 12 C.F.R. § 1026.35(b)(2)(iv)(A). (3) “Troubled small public housing agency” means a small agency the Secretary designates under subsection (c)(3). (b) Applicability. Unless this section says otherwise, a small agency has the same requirements as any other public housing agency. (c) Program inspections and evaluations. (1)(A) The Secretary must inspect the physical condition of a small agency’s public-housing projects no more often than once every three years, unless the agency was designated troubled because of physical-condition deficiencies. This does not excuse the Secretary from lead-safety inspections or assessments required under section 4822. (B) The Secretary must use the same acceptable-condition standards used for projects assisted under section 1437f. (2) Except as required by section 1437f(o)(8)(F), a small agency providing section 1437f(o) assistance must physically inspect each assisted unit at least once every three years to determine whether it meets section 1437f(o)(8)(A). This does not excuse lead-safety inspections or assessments required under section 4822. (3)(A) The Secretary may designate a small agency troubled for its public-housing program if a Secretary-conducted inspection shows that it failed to keep its units in satisfactory physical condition. (B) The Secretary may designate it troubled for its voucher program if it failed to meet paragraph (2)’s inspection requirements. (C)(i) The Secretary must create an appeal process for disputing the designation. (ii) The decision must be made by an official who was not involved in the original decision and is not subordinate to anyone who was involved. (D)(i) Within 60 days after the designation, the Secretary and agency must sign a corrective-action agreement requiring the agency to correct the deficiencies. (ii) The agreement must last one year and may be renewed by the Secretary; provide technical help where feasible; provide at least annual reconsideration of the designation and end when the Secretary decides the agency is no longer troubled; and state that substantial noncompliance allows the Secretary to contract with another agency or private entity to manage the housing, withhold otherwise distributable funds, take possession and manage the housing, seek a receiver under section 1437d(j)(3)(A)(ii), or use any other remedy available for default under the agency’s annual contributions contract under section 1437c. (E) This paragraph does not prevent emergency action needed to protect Federal money or residents’ health or safety. (d) Reduction of administrative burdens. (1) Despite other law, a small agency is exempt from environmental-review requirements for a development or modernization project costing $100,000 or less. (2) The Secretary must issue rules creating streamlined environmental-review procedures for such projects costing more than $100,000.