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PART II. REQUIREMENTS OF THE FSS ACTION PLAN <br />1 -ILA. OVERVIEW <br />A PHA must have a HUD -approved action plan before implementing an FSS program, <br />regardless of whether the FSS program is a mandatory or voluntary program. Further, this action <br />plan must comply with the requirements specified for the plan in the regulations <br />[24 CFR 984.201(a)]. <br />The regulatory requirements dealing specifically with the FSS action plan itself largely involve <br />the development, revision, and required contents of the action plan. This part covers those <br />requirements. <br />1-II.B. HUD APPROACH TO POLICY DEVELOPMENT <br />In developing policy for the FSS action plan, PHAs need to be aware of the distinction HUD <br />makes between mandatory and discretionary policies. <br />Mandatory policies are those driven by legislation, regulations, current handbooks, notices, <br />and legal opinions. <br />Discretionary policies consist of those developed for areas in which the PHA has regulatory <br />discretion, or with regard to optional, nonbinding guidance including guidebooks, notices <br />that have expired, and recommendations from individual HUD staff. <br />HUD expects PHAs to develop policies and procedures that are consistent with mandatory <br />regulations and to make clear the optional policies the PHA has adopted. The PHA's FSS action <br />plan is the foundation of those policies and procedures for the FSS program. HUD's directions <br />require PHAs to make policy choices that provide guidance to staff and consistency to program <br />applicants and participants. <br />Following HUD guidance, even though it is not mandatory, provides a PHA with a "safe harbor." <br />HUD has already determined that the recommendations and suggestions it makes are consistent <br />with mandatory policies. If a PHA adopts an alternative strategy, it must make its own <br />determination that the alternative approach is consistent with legislation, regulations, and other <br />mandatory requirements. There may be very good reasons for adopting a policy or procedure that <br />is different than HUD's safe harbor, but PHAs should carefully consider those decisions. <br />© Copyright 2017 by Nan McKay & Associates <br />Unlimited copies may be made for internal use. <br />Page 1-3 <br />Model FSS Action Plan 6/1/17 <br />