K-Definition of Significant Amendment
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Page 1 of 3 Revised 7/1/20227/1/2023 Definition of Substantial Deviation and Significant Amendment or Modification For the 5-Year Plan FY 2020-2025 PHAs are required to define and adopt their own standards of substantial deviation from the 5- Year Plan and Significant Amendment to the Annual and Five Year Plan. The definition of significant amendment is important because it defines when the PHA will subject a change to the policies or activities described in the Annual and Five Year Plan to full public hearing and HUD review before implementation [24 CFR Part §903.7(r)]. A. Definition of Substantial Deviation from the 5-Year Plan The City of Chandler Housing and Redevelopment Division shall define a Substantial Deviation from Annual and Five-Year Plan as follows. As part of the Rental Assistance Demonstration (RAD), (COCHRD ) is redefining the definition of a substantial deviation from the PHA Plan to exclude the following RAD-specific items: a. The decision to convert to either Project Based Rental Assistance or Project Based Voucher Assistance; b. Changes to the Capital Fund Budget produced as a result of each approved RAD Conversion, regardless of whether the proposed conversion will include use of additional Capital Funds; c. Changes to the construction and rehabilitation plan for each approved RAD conversion; and d. Changes to the financing structure for each approved RAD conversion. • Any collective change in the planned or actual use of federal funds for activities that would prohibit or redirect the City of Chandler Housing and Redevelopment Division strategic goals or mission of sustaining or increasing the availability of decent, safe and affordable housing while promoting self-sufficiency and asset development of families and individuals from being implemented as identified in the five-year plan. This includes elimination or major changes in any activities proposed, or policies provided in the Agency Plan that would momentously affect services or programs provided residents. This definition does not include budget revisions, changes in organizational structure, changes resulting from HUD-imposed regulations, or minor policy changes. Attachment K Page 2 of 3 Revised 7/1/20227/1/2023 • Any collective change in the planned or actual use of federal funds as identified in the 5- year plan that exceeds 20% of the City of Chandler Housing and Redevelopment Division’s annual program budget for all combined public housing activities to include the Capital Fund Program. B. Definition of Significant Amendment or Modification to the Annual and Five Year Plan The City of Chandler Housing and Redevelopment Division shall define a Significant Amendment or Modification to the Annual and Five Year Plan as follows: Page 3 of 3 Revised 7/1/20227/1/2023 • Changes of a sufficient nature to the rent, admissions policies, or the organization of the waiting list not required by federal regulatory requirements as to a change in the Section 8 Administrative Plan or the Public Housing Admissions and Continued Occupancy Policy. • Changes to the City of Chandler Housing and Redevelopment Division’s plans effecting the demolition or disposition of public housing, designation of senior or disabled housing, the homeownership program, and a plan to convert public housing units to other than assisted housing. • This includes elimination or major changes in any activities proposed, or policies provided in the Agency Plan that would momentously affect services or programs provided residents. This definition does not include budget revisions, changes in organizational structure, changes resulting from HUD-imposed regulations, or minor policy changes. C. Capital Fund Program Definition of Significant Amendment or Modification to the Annual and Five Year Plan A proposed demolition, disposition, homeownership, Capital Fund Financing, development, or mixed finance proposal are considered by HUD to be significant amendments to the CFP Five Year Action Plan based on the Capital Fund Rule.