Designated Housing

Purpose

A Public Housing Agency (PHA) may submit a Designated Housing Plan (plan) to set aside housing for elderly families only, disabled families only, or elderly and disabled families. The housing designated can consist of part of a building, an entire building, multiple buildings or a percentage of buildings. A PHA's designated housing plan must address and comply with the following criteria:

• Be complete in significant matters
• Be compliant with applicable requirements
• Present no evidence that challenges, in a substantial manner, any information provided in the Plan

HUD's role in the designated housing process is to ensure that all approved plans fully comply with the requirements set forth in Notice PIH 2005-2, and re-issued in Notice PIH 2008-10.

Authority

The statutory authority and requirements pertaining to designated housing are contained in Section 7 of the U.S. Housing Act of 1937 as amended by Section 10 (a) of the "Housing Opportunity Program Extension Act of 1996, (Section 10 (a))" which permits PHAs to designate housing after developing a HUD-approved Plan and Notice PIH 2005-2 and its re-issuance in Notice PIH 2008-10.

Where To Submit New and Amended Designated Housing Plan Proposals

NNew and amended Designated Housing Plan (PLAN) proposals must be accompanied by a signed request from the Executive Director and may be submitted electronically to PIH.DesignatedHousing@hud.gov. Electronic submissions exceeding 15 megabytes must be sent as two separate emails. Plans may also be sent by registered mail to the address below:

Nicole Faison, Director
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
451 7th Street S.W., Room 4226
Washington, DC 20410-5000

Where To Submit Designated Housing Plan Renewal Requests

Local Public Housing Hub Directors and Public Housing Program Center Coordinators were redelegated the authority to review and approve designated housing plan renewals.

Plan renewals beyond the initial five (5) years will be granted in two (2) year increments after a PHA has submitted a written request to HUD. A list of HUD's Local Public Housing Hub Directors/Public Housing Program Center Coordinators can be found at http://www.hud.gov/offices/pih/about/field_office.cfm.

The PHA should submit a certification that certifies that the PHA Director attests that the requirements of the original Plan are being met and that there are no unanticipated adverse impacts on the housing resources for the groups not served as a result of designation. The certification should also:

1. A Request for an extension needs to be received in writing no later than 60 days prior to the expiration of the Plan.

2. Specify the number of units and percentage(s) of the project being designated

3. Specify the total number of units in the affected project(s)

4. Identify the population being served in the designated units

For additional guidance on processing or submitting a Designated Housing Plan, PHAs should refer to the "Suggestions for Preparing an Approvable Plan" in the appendix of Notice PIH 2005-2 (HA), and its most recent re-issuance in Notice PIH 2008-10 (HA). Additionally, read the Designated Housing-Frequently Asked Questions.

A Request for an extension need to be received in writing no later than 60 days prior to the expiration of the Plan.

Designated Housing Plans That Do Comply

HUD is required to notify a PHA whether its Plan complies with the statutory requirements within 60 days of receipt of a Plan or a renewal request. If HUD does not notify the PHA within the 60-day timeframe, the Plan is considered to be in compliance and HUD shall be considered to have notified the agency of such compliance. New Plans remain in effect for 5-years from the date HUD approves the Plan. Renewal Plans remain in effect for 2-years from the effective date of the renewal. You can view the Designated Housing Plan Tracking Report to learn more about the status of a PHA's Designated Housing Plan.

Designated Housing Plans That Do Not Comply

When a PHA's Plan or renewal request does not comply, HUD is required to specify in its notification to the PHA the reasons for non-compliance and any modifications necessary for the Plan to meet the requirements within 60 days of the Plan's submission or the Plan is automatically approved.

History

The first public housing dwelling units in projects designed for the elderly were built in the early 1960s and were designed originally for senior citizens (persons 62 years of age or older). Congress broadened the definition of "Elderly Family" (those eligible to live in these buildings), in 1959, to include persons with disabilities over age 50, and then, in 1961, to include all families whose head or spouse had disabilities.

The 1974 Housing and Community Development Act (HCDA) codified the "Elderly Family" definition as:

"A family whose head, spouse or sole member is a person aged 62 or older, disabled or handicapped, or one or more such persons living with another person essential to his or her care or well-being."

This definition of "Elderly Family" was included in regulations enacted after the 1974 HCDA.

By the early 1980s, housing markets across the country were saturated because much of the private elderly housing stock was competing with public housing. Waiting lists for public housing for the elderly were short or nonexistent. As a result, housing authorities struggled to fill vacancies in their elderly buildings. Eventually many of the projects designated for elderly families became mixed population buildings, providing housing to both the elderly and non-elderly disabled families.

A series of events, including HUD's publication of the Section 504 rule on Nondiscrimination on the Basis of Disability, lack of community health services following the deinstitutionalization of some people with disabilities, "mainstreaming" other persons with disabilities, and heightened awareness by advocates led to an increase of younger people with disabilities applying for and being admitted to public housing, within elderly occupied developments. Congress authorized PHAs to designate a project(s) or portion of a project for elderly only, elderly and disabled only or disabled only.

Legislation and Guidance

As a result of the influx of younger people with disabilities into what had been primarily housing for the elderly, Congress enacted the 1992 Cranston-Gonzalez Affordable Housing Act that established the authority and guidelines for PHAs to designate housing. Two years later, HUD issued regulations 24 CFR part 945.

In 1996, the Housing Opportunity Program Extension Act was enacted thus, superseding the 1992 legislation on designated housing. The 1996 statute was designed to "streamline" the process for designating housing. HUD clarified and implemented this statutory change with a series of Notices, 96-60, 97-12 and the current Notice in effect, 2005-2, and its re-issuance in 2008-10.