- Notify residents of projects proposed for conversion and notify legitimate resident organizations of the PHA’s intent to pursue a conversion;
- Conduct at least two meetings with residents of projects proposed for conversion to discuss conversion plans and provide opportunity for comment, which discussion must include a description of the PHAs preliminary intentions with respect to: a) whether the conversion will include a transfer of assistance, b) plans to partner with an entity other than an affiliate or instrumentality of the PHA if such partner will have a general partner or managing member ownership interest in the proposed Project Owner, c) change in the number or configuration of assisted units or any other change that may impact a household’s ability to re-occupy the property following repairs or construction, d) de minimis reduction of units which had been vacant for more than 24 months at the time of RAD Application, and e) the scope of work;55
- Prior to the first of the two resident meetings referenced in the preceding paragraph, issue a RAD Information Notice (RIN) to inform residents of projects proposed for conversion of their rights in connection with a proposed conversion (whether or not any relocation is anticipated). The PHA should also issue a General Information Notice (GIN) if it is required. See the RAD Fair Housing, Civil Rights, and Relocation Notice for additional detail regarding the timing, content and purpose of these resident notifications.
- Prepare comprehensive written responses to comments received in connection with the required resident meetings on the proposed conversion to be submitted with the RAD Application; and
Once a PHA is selected to participate in the Demonstration, it must have at least one more meeting with residents prior to submission of the Financing Plan. Thereafter, additional meetings with residents are required to discuss any material change in the calculation of their utility allowances and any substantial change to the conversion plans relative to what was presented in the RAD Application or the previous resident meeting. A substantial change to the conversion plans includes, but is not limited to:
- Introduction or abandonment of a transfer of assistance or a material change in the projected location to which the assistance would be transferred;
- Plans to partner with an entity other than an affiliate or instrumentality of the PHA if such partner will have a general partner or managing member ownership interest in the proposed Project Owner;
- Change in the number or configuration of assisted units or any other change that may impact a household’s ability to re-occupy the property following repairs or construction;
- De minimis reduction of units which had been vacant for more than 24 months at the time of RAD Application; or
- A substantial change in the scope of work.
The requirement for resident notification and meetings for the RAD program are separate from, and complimentary to, the resident notification and consultation requirements under the significant amendment process (24 CFR part 903) and applicable relocation requirements (see Section 1.4.A.4). A PHA must comply with all applicable resident consultation and notification requirements. Refer to the RAD Fair Housing, Civil Rights, and Relocation Notice for resident consultation requirements regarding relocation.
Upon issuance of the RCC (see Section 1.12 of this Notice), the PHA must notify each affected household that conversion of the project has been approved, and inform households of the specific rehabilitation or construction plans and any impact the conversion may have on them. Households in the affected project(s) who do not want to transition to a new program may be offered, if available, the opportunity to move to other public housing owned by the PHA.
When providing resident notification and meetings, a PHA must use effective communication for persons with hearing, visual, and other communication-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act of 1990. Effective communication includes, but is not limited to, providing written materials in appropriate alternative formats (e.g., Braille, large type), as needed, and providing sign language interpreters and assistive listening devices at resident meetings, as needed (24 CFR § 8.6). Additionally, resident meetings must be held in facilities that are physically accessible to persons with disabilities. Where physical accessibility is not achievable, a PHA must use alternative methods to meet with qualified individuals with disabilities, such as holding meetings at an alternate accessible site or offering in-home meetings. Such meetings must be provided in the most integrated setting appropriate to the needs of qualified individuals with disabilities. The most integrated setting appropriate to the needs of qualified individuals with disabilities is a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible (28 CFR part 35, appendix B).
Additionally, a PHA must provide meaningful access to its programs and activities for persons who have a limited ability to read, speak, or understand English. For projects undergoing RAD conversion, a PHA must provide language assistance to residents of the project who are Limited English Proficient (LEP) to ensure that they have meaningful access to RAD resident notifications and meetings. Such language assistance may include, but is not limited to, providing written translation of notices regarding the plans for the project and relocation and oral interpretation at resident meetings. For guidance on providing language assistance to persons with LEP, please see Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (72 FR 2732).
Prior to submitting an application to participate in the Demonstration, the PHA must:
Income Re-Certification at Conversion?At the RAD conversion, when do we re-certify the families?
You should re-certify families on their next annual re-certification date.
May pre-conversion residents be permanently re-located?Must all families resident at the property pre-conversion live there after conversion? May pre-conversion residents be permanently relocated?
No permanent involuntary displacement may occur as a result of a RAD transaction. If a resident is temporarily relocated to accommodate construction and makes a voluntary decision not to return, that does not violate RAD rules.
No-Rescreening ProvisionsIs it correct that there is nothing in the "no-rescreening" provisions that would prevent collection and analysis of tenant income data for purposes of determining LIHTC eligibility and for determining tenant rent payments under PBRA or PBV? Is the answer the same for both PBRA and PBV?
The prohibition against "re-screening" protects tenants against displacement. PHAs may not, for example, re-evaluate any existing tenant under the one-strike rules. The prohibition against "re-screening" does not, however, prohibit any re-determination of income that is otherwise required. If LIHTCs will be utilized in the RAD transaction, the PHA may encourage an existing tenant who is over LIHTC income limits to move from the project by offering an HCV from the PHA's own allocation. However, the PHA may not require the existing tenant to move. If the tenant wishes to remain, he or she has that right. In that case, the over-income tenant's unit would not be eligible for the LIHTC program. The preceding applies to both PBVs and PBRA.
Tenant Certifications Under RADIf a Mod Rehab property converts to PBRA under RAD, will the future Tenant Certifications be under HUD Handbook 4350.3 guidelines?
Yes if the property is converting to PBRA; no if the property is converting to PBV
No Re-Screening and Income LimitsIs the income limit waived for former public housing residents coming back to the property?
Yes, there is no re-screening of tenants.
Tenant Security DepositsWill the security deposit amount following the rehab be at a higher level than public housing?
The tenant’s existing security deposit will transfer at the RAD closing. Future tenants will pay security deposits according to PBRA / PBV rules.
Resident Relocation and Priority on HCV Voucher Wait ListIf we are using RAD to redevelop our final public housing site, can the residents of the public housing site being demolished get priority on the HCV voucher wait list so that they can receive a voucher for relocation since we can not get temporary relocation vouchers?
If you want to use your current vouchers to help with the required relocation at the site being demolished, your PHA should amend its Section 8 Administrative Plan, if applicable, to provide a preference for the families who are affected by the demolition. (You should also be aware that you can use the HAP payments that would otherwise flow to the project during the construction period as a source of relocation funds.)
ROSS Service Coordinator GrantMy PHA is the recipient of a ROSS Service Coordinator Grant and plans to submit a RAD Application. Will we be permitted to continue assisting families (who, because of the RAD conversion) will be residing in non-public housing units) after the conversion?
Yes. Section 1.5H of the Notice provides that residents who are currently participating in ROSS may continue to participate after the RAD conversion for the term of ROSS grant. Also, with the PBRA HAP, the converted properties will be eligible to apply for the Multifamily Housing Service Coordinator Grants which are available to subsidized properties. These competitive grants are offered through a Notification of Funding Availability to serve properties designated as elderly and/or disabled. [Revised 7.17.14]
Resident Notification/Meeting Required Prior to Submitting ApplicationIf a housing authority is planning to submit an application for conversion of their entire portfolio (less than 1,000 units), will the resident notification / meeting be required prior to the submission of an application? There is no plan for significant rehabilitation and no plans for displacement of tenants. If meetings are required, can the meetings be portfolio-wide resident meetings in lieu of a separate resident meetings for each site?
Yes, regardless of the level of rehab or whether relocation is needed, two resident meetings must take place prior to application submission and you must include resulting comments and your responses as an attachment to the application. It is fine to hold one portfolio wide meeting as long as all tenants are notified.
No Re-Screening and Sex OffendersDoes no re-screening of tenants include sex offenders, is that also waived?
Yes, there is no rescreening of sex offenders based solely on the RAD conversion. However, if through the routine annual/interim recertification it is discovered the individual was erroneously admitted into public housing in violation of QHWRA, then that individual must be terminated.
Temporary RelocationWe made a decision to relocate tenants prior to RAD and have used funds designated for public housing to move the tenants out. If we convert the units through RAD, we will not have access to these funds to move the tenants back into the project after the renovation. How will we cover the relocation costs to move the tenants back to the project?
You are correct that, once the RAD closing has occurred, public housing funds can no longer be used to pay for continued relocation costs. However, RAD permits you to transfer public housing funds to the RAD project at the RAD closing, so you might consider that approach. Of course, you may also include relocation costs in your RAD development budget.
Relocation and URAUnder RAD, will the relocation costs be subject to URA for former tenants returning to the property?
Reduction in Units vs Tenants ReturningWhat is the obligation of a project owner in the unlikely event that, due to an approved de minimis reduction in the number of units in a project, there are insufficient units available to accommodate all tenants who want to return to the converted project?
At the time of closing, all residents currently in converting units have a right to return to the project following rehabilitation. If a de minimis number of units are being removed from the site such that some families may be unable to move back in, the PHA must obtain consent from a household waive their right to return if the PHA is providing them with alternative accommodations. [Updated 7.29.13]
Choice MobilityOur RAD transaction will have a Choice-Mobility requirement. This question concerns residents who do not meet current screening requirements for Housing Choice Vouchers but who (because of the waiver of rescreening) will occupy PBV or PBRA units post-RAD. If one of these residents later requested a Choice-Mobility voucher, would the resident have to satisfy all current screnning requirements for the Housing Choice Voucher program, or would the waiver of re-screening continue to apply?
The waiver of re-screening applies (a) to issues that pre-date the RAD conversion (for example, a prior conviction record that would be unacceptable under one-strike) and (b) to continued occupancy at the RAD project. The waiver of re-screening would not apply to the possible future application for a Housing Choice Voucher that you describe (the resident would have to meet all HCV screening requirements in effect at the time). The waiver also does not apply to any issue that arises post-conversion (for example, a conviction that occurs after the RAD conversion).
RAD Technical Assistance for Residents/Tenant OrganizationsAre there funds to provide residents/legitimate tenant organizations with technical assistance? If yes, what is the application process?
There is no RAD-specific funding for technical assistance to residents / tenant organizations. There are extensive resources available on www.hud.gov/rad and www.radresource.net websites. HUD staff is providing RAD webinars regularly (check hud.gov/rad) and residents are encouraged to attend and ask questions. PHAs are reminded that RAD includes various requirements for tenant consultation. In addition, HUD is developing materials to assist tenants in understanding RAD and participate in their local process. [Updated 7.29.13]
Post RAD Funding Source for Tenant Council/Tenant Protection FundsCan you explain the consequences of switching to RAD on the tenant protection and Tenant Council funds that are currently built into our Operating Budget? I know RAD intends that those funds continue to be provided to the Tenant Councils etc, but what is the source of those funds (i.e. do they reduce the RAD contract rent payments) or are the PHA expected to provide those funds from other sources (ACC grant) etc?
The $25 per unit per year, of which at least $15 must be conveyed to resident organizations, is built into the RAD rent. It would be a project expense.
Sample Tenant NoticeIs there an example of the proper type of tenant notice that owners can post to inform tenants for the different cases of either accepting or rejecting RAD?
Sample tenant notification letters can be found in the appendix of Section III (assuming this is a question for a Rent Supp or RAP owner) of the notice (PIH Notice 2012-32). The Notice is on the RAD website (www.hud.gov/rad).
Tenant Certification Reporting for PBV ConversionsWhat is the tenant certification reporting process for RAD PBV conversions? Will they be reported to HUD through the 50058 or 50059 process? Or, does it depend of the type of Project Based Voucher the development is converted to?
If the PHA converts a project to Section 8 PBVs, the PHA will continue to use HUD-50058s for the tenant certifications. (The PHA will actually terminate the 50058 for the family under the public housing program and create a new 50058 for the voucher program.) If, however, the PHA converts to PBRA, the PHA will then complete a 50059 for each family.
RAD and Smoke Free HousingDo housing complexes receiving RAD funds need to provide smoke free apartment blocks?
RAD does not include any smoke free building requirement. You would, however, want to check whether your project has any non-RAD funding sources that include such a requirement.
PBV Conversion and Request for Tenancy Approval (RFTA)Are PBV units under RAD required to have a Request for Tenancy Approval (RFTA) filled out by the owner and tenant?
Yes. RAD includes a few adjustments to the basic PBV program (see Section 1.6 of Notice PIH-2012-32), but none of those adjustments affects the requirement for an RFTA.
Section 8 Occupancy Standards after conversionTenants in place at the time of conversion will be housed in accordance to existing PH occupancy standards; is it permissible to have subsequent tenants housed in accordance with our S8 occupancy standards of number of bedrooms?
After conversion, occupancy requirements will be in accordance with the new HAP contract (either PBVs or PBRA). If your project converts to PBRA, the occupancy standards in HUD Handbook 4350.3 would be applicable. If your project converts to PBV, the occupancy standard are determine by your HCV occupancy standard.
Voluntarily Waiver of Right to ReturnCan a family voluntarily waive its right to return?
Yes. A family may voluntarily waive its right to return. If a PHA is going to obtain a voluntary waiver of the right to return, HUD recommends the PHA first offer the family a public housing unit or Housing Choice Voucher in lieu of a right to return. If this is not possible, the PHA is still required to provide permanent relocation assistance as defined in the URA, and must ensure that all fair housing and civil rights conditions are met.
Eligibility of Police Officer Housing Under RADTo help deter crime, we have police officers who live in the public housing units even though they do not qualify for assistance. Are police officers allowed to continue to live at the property following conversion?
If converting to PBRA 245 CFR 5.661 provides for police and other security personnel to reside in an assisted project. MFH Handbook 4350.3, Section 3-8.D provides guidance on the admission of over-income tenants, and further in the Handbook, how to calculate rents. These will need to be approved by the contract administrator (HUD field office) to ensure the needs are there and the rents are appropriate. Under PBV, there is no provision for police officers to live in assisted units. However, if the police officer family was living in public housing at the time of the conversion, they can remain in the unit even though they may be over-income because RAD prohibits the re-screening of current public housing residents. However, once that family moves out, only income eligible applicants can be admitted into the PBV program and the participant must be receiving some amount of HAP to move into the unit. A PHA that wishes to continue to have police officers reside in units in the project may consider not including those units on the HAP contract.
Family Self-Sufficiency ParticipantsHow will Family Self-Sufficiency participates be handled in a RAD project?
Family Self-Sufficiency is specifically discussed in Notice PIH-2012-32 REV-1. See pages 40-41 for PBV conversions and page 54 for PBRA conversions.
Tenant Recertification at ClosingDo residents of properties need to be receritified at conversion?
No. All residents will maintain the same annual recertification date they would have had as public housing residents. Current residents are not subject to the rescreening, income eligibility, or income targeting provisions of either the PBV or PBRA programs. Following conversion: 1)For PBRA conversions, for the purposes of recording the resident in TRACS, owners should complete an initial HUD-50059 certification for each household that includes the same information previously found on the 50058, including the next annual reexamination date found on Line 2i; 2) For PBV conversions, the PHA would continue to use HUD Form 50058 for each household, but would consider the family a new admission and complete Section 11 (instead of Section 10). The Form should include the same information previously found on the 50058, including the next annual reexamination date found on Line 2i.
PH Tenant Leases for Less than a YearWe expect to have vacancies at the property that we are converting between now and closing. When a Public Housing tenant signs a lease, they are required by HUD to sign for a year for the initial lease term. We don’t want to have vacancies because that negatively impacts the budget, but we wouldn’t be able to keep a PH tenant on a PH lease once we convert. How should this be handled? Can we modify the PH lease to make it shorter?
PHAs should enter into normal lease terms with any resident moving in prior to conversion. All public housing residents, regardless of when they moved in, will need to be given at least 30-day prior notification that their public housing lease will be terminated at the effective date of the new HAP contract.
Certifying Tenants Through PIH or Multi-FamilyIf we elected to covert our ACC assistance to PBV or PBRA, will we be certifying tenants and receiving funding through the PIH office or Multi-Family? Will we use 50058 or 50059? Will we be using the TRACS system?
RAD conversions to PBVs will use the 50058 which will be submitted into PIC, just like certifications for any other family assisted under the Housing Choice Voucher program. Subsidy will be administered by the housing authority with whom the PBV HAP contract is signed, rather than through PIH. RAD conversions to PBRA will use the 50059 which will be submitted into TRACS. Subsidy will be administered by the Office of Multifamly Housing at HUD.
Assistance Based on Unit Size or Household SizeIf an over-housed household remains in their unit and continues to receive PBV assistance under the RAD program, will the assistance received be based on the unit size, and not on the household size?
The contract rent, and HAP assistance, will be based on the unit size, for both PBVs and for PBRA. If there is no appropriately sized unit available to move the family into and the over-housed household is therefore permitted to remain in the unit, it will not impact the rent due from the tenant or the subsidy provided under the contract.
Change in Family Composition While in Temporary UnitWhat are the reporting procedures should there be a change in family composition changes while the family is in a temporary unit? Would we just update the information using our current management software and submit to PIC or is there a different action needed.
A change in family composition during a temporary relocation period should be reported into either TRACS or PIC. Under PBRA conversions, once the property has converted, families will not be reported in PIC. Instead, owners will submit tenant data through 50059s in TRACS. Families should continue to be reported in TRACS even while temporarily relocated from the property under HAP contract. For conversion to the PBV program, families temporarily relocated into units subsidized through the public housing, HCV, PBV, or other program that normally reports into PIC should report these changes in PIC.
Over Housed Families at ConversionSome of the families are currently over-housed. How will these units be treated for subsidy purposes at conversion?
If there is not an appropriately-sized bedroom for the family to transfer into, the family can remain in the unit and unit will continue to be funded based on the actual bedroom size and the contract rent. But if an appropriately-sized unit becomes available, the family will be required to move at that time.
Applicability of URA for Persons Relocating for Less than 12 MonthsWhen converting to PBRA or PBV under RAD, does the URA apply to persons temporarily relocating – for less than twelve months – or only for those residents who relocate either permanently or for more than one year?
URA applies to RAD projects that involve acquisition, demolition, or rehabilitation. So if your deal involves acquisition, demolition, or rehabilitation, then URA applies. Both URA and RAD have requirements for relocations that last less than a year. For example, URA requires that a resident who will be temporarily relocated receive reimbursement for reasonable out of pocket expenses connected to the move, such as moving expenses and increased housing costs. Additionally, RAD would require residents that move temporarily receive a RAD Notice of Relocation, which is a specific RAD requirement, and not one that comes from the URA.
Tenant Notice of New LeasesMust a PHA give tenants 30-day notice of the effective date of the new lease?
PHAs must give tenants at least 30-day notice of their public housing lease termination (recognizing that the exact date of closing, and thus the exact effective date of the HAP, is not known). HUD recommends that PHAs provide this notification to residents along with a notification of the effective date of the new lease. However, PHAs should consult with legal counsel, especially with respect to the requirements of state and local tenant laws.
Timing of Fulfilling Resdient Relocation RequirementsWhen do resident relocation requirements begin, at CHAP Award or at Closing? Our PHA wants to make sure they are providing required notices and assistance on time.
PHAs should begin to engage residents on relocation matters as soon as they begin to develop any RAD development or rehabilitation plans that may involve relocation. PHAs should refer to Section 4: Relocation Planning of Notice H 2014-09/PIH 2014-17. The chart provided in this section presents a general sequencing of relocation planning activities within the RAD milestones.
Timing of Resident RelocationCan relocation take place before closing/RAD Conversion?
Relocation may not begin until the date of closing. However, in rare cases, some project plans may necessitate relocation prior to closing. With prior HUD approval, for projects involving acquisition, PHAs may relocate residents prior to the closing date. PHAs must contact their assigned RAD transaction manager (TM) to discuss plans as early as possible in the process to ensure compliance with all URA and RAD requirements. PHAs should refer to Section 9: Initiation of Relocation of Notice H 2014-09/PIH 2014-17 for further information and requirements related to relocation prior to closing.
Residents Unable to Move due to Illness/DisabilityWhat are the ramifications for residents who absolutely will not move – due to illnesses and severely disabled HHM’s? The PHA’s legal counsel is addressing this from the legal standpoint, however do you have any advice from the relocation perspective?
This issue involves a temporary move and the residents are expected to return to the units. Generally, assuming that the relocation process is done in accordance with the RAD Relocation Notice, H 2014-09/PIH 2014-17, the temporary relocation of residents should proceed smoothly. Keep in mind that the Notice gives more specific requirements for relocating residents with disabilities. See Notice at §10, pages 10-12. Specifically, PHAs should consult the disabled residents’ information to provide them with replacement housing appropriate to their accessibility needs. To the extent the PHA has complied with these Notice requirements and the residents still refuse to move, the PHA should consult State and local law for any legal remedies.
PHA's Responsibility for Relocation Advisory ServicesAre housing authorities expected to walk residents through the process of moving utilities and forwarding mail, or just to pay the out-of-pocket expenses of those kinds of activities?
Part of URA requirements are to provide relocation advisory services for any permanent relocations. Under RAD, advisory services are required for relocations lasting longer than a year and strongly recommended for relocations that are for shorter periods.
Impact of Housing Choice Vouchers on Right to ReturnIf a resident decides to accept a Housing Choice Voucher, how is the right of return affected?
When a resident chooses to accept permanent relocation payments and assistance in accordance with URA or at URA levels for a RAD conversion (for example accepting a HCV as their permanent relocation housing), the resident is also choosing to decline their right to return to the completed RAD property. If a resident accepts an HCV as a temporary relocation housing option, this acceptance does not mean that the resident is declining their right to return. A resident can choose to accept temporary relocation assistance and payments without declining their RAD right to return. PHAs are reminded that residents must give informed consent to decline their right to return, meaning they are making a decision based on an informed understanding of their housing options, and that PHAs must keep auditable records of this decision.
Ability to Charge Fee for Resident Missing Move DateCan the PHA charge residents fees for missing move dates?
According to federal public housing rules, PHAs have limited abilities to charge additional fees unless permitted by state and local law. PHAs should consult with local counsel and review their lease terms to determine whether or not such fees would be allowed.
Relocation to Other Public Housing UnitsMy deal is closed. I’ve converted my units to PBRA. Can my relocation plan involve relocating families temporarily to other public housing units?
Yes, a PHA can move families temporarily into available public housing units as long as the PHA’s public admissions and occupancy procedures allow for this. Families temporarily relocated to public housing units would be treated as public housing residents during that period (e.g. the family would use a public housing lease and the PHA could consider the unit occupied for purposes of the Operating Fund subsidy, etc.). PHAs should note that the temporary relocation unit must be decent, safe, and sanitary.
Determining a Residents Moving BenefitsWhat is the best way to determine a resident’s moving benefits?
The URA rules for moving expenses for a displaced person are located at 49 CFR 24.301-24.306. Additional guidance on expenses relating to residential moves is found at Paragraph 3-2 of HUD Handbook 1378, “Tenant Assistance, Relocation and Real Property Acquisition,” http://portal.hud.gov/hudportal/documents/huddoc?id=1378c3CPDH.pdf. PHAs participating in RAD should also follow the guidance regarding moves in Appendix 1 of the RAD Relocation Notice, H2014-09/PIH2014-17. If not all members of the family being relocated are persons lawfully present in the United States, proration of moving expenses may be necessary. See other FAQs on proration for more information.
URA Requirements for Packing ExpensesDoes the Uniform Relocation Act require an owner to be financially responsible for the cost of packing a resident’s belongings if the resident is being moved on site, one time (as opposed to off site, then returning to the property). I know the owner is responsible for the cost of the move itself. I’m just not sure about the requirement to have movers pack the belongings.
As provided in Footnote 15 of the RAD Relocation Notice (H 2014-09/PIH 2014-17), the PHA must provide reimbursement for all reasonable out-of-pocket expenses incurred by a resident in connection with the resident’s permanent move to another unit within the same building/complex. The PHA has the option of undertaking the move itself. If the PHA chooses to do so, the Notice provides that it is the PHA’s responsibility to pack and move the resident’s belongings and household goods, if the resident so desires. If the resident prefers to pack their own belongings, the PHA may nonetheless still be responsible for reasonable out-of-pocket expenses that the resident incurs in connection with the move, including costs associated with packing and unpacking of personal property. The PHA is responsible for making a reasonableness determination with respect to a resident’s claim for reimbursement. If the PHA does not undertake the move itself, the PHA should be aware that the cost of packing and unpacking personal property is considered to be an eligible actual moving expense under URA regulations at 49 CFR 24.301(g)(2).
Housing Choice Voucers & URA RequirementsWe plan to offer Housing Choice Vouchers to residents who choose permanent relocation and waive their right to return. If a resident accepts the voucher, does that satisfy RAD and URA relocation requirements and relieve the PHA of its relocation obligations?
No. Vouchers are a useful tool in the relocation process and can be part of the relocation assistance package offered to a public housing resident. However, the offer and use of a voucher alone does not satisfy all applicable RAD and URA relocation requirements. For example, the URA requires that displaced residents be provided relocation advisory services and moving options and payments. Additionally, the URA generally provides that a resident cannot be required to move permanently before receiving at least 90 days advance written notice of the earliest date on which they will be required to move. If the 90-day notice is issued before a comparable replacement dwelling is made available to the resident, the notice must inform that the resident that they will not have to move earlier than 90 days after a comparable replacement dwelling is made available. Residents that will be displaced may not be required to move unless at least one, and when possible, three or more comparable replacement dwellings are made available to them in accordance with 49 CFR 24.204(a). When Housing Choice Vouchers are reflected in a PHA’s offers of comparable replacement dwellings, the PHA must ensure that comparable replacement dwellings are made available to residents before displacement. This includes ensuring that the identified dwellings are eligible to participate in the HCV program. PHAs also need to determine whether any resident will be eligible to receive a replacement housing payment (gap payment) determined in accordance with 49 CFR 24.402. For further guidance on the Housing Choice Voucher (HCV) program and its applicability to the URA and RAD, please refer to the following online resources: • HUD RAP Newsletter- Vol. 5 No. 1, dated May 15, 2014, is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=HUD_RAP_Vol5_No1.pdf • HUD Handbook 1378 – Chapter 2-6 “gap payments” when using a voucher is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=1378c2CPDH.pdf • The RAD Relocation Notice is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=RAD_Notice2.pdf
Waitlist Management for PBRA ConversionsI am converting a public housing project to RAD using PBRA. There is an existing public housing project-specific waiting list, and I’m planning to implement a project-specific PBRA waiting list. What happens to folks currently on the public housing project-specific waiting list? Post-RAD, how would we select an applicant to fill a vacated unit?
See Section 1.7.C.3 of the RAD Notice, which discusses establishment of the new waiting list. Because your project has an existing project-specific public housing waiting list, all applicants on that waiting list would transfer to the new post-RAD PBRA waiting list, where their priority will be “in accordance with the date and time of their application to the original project's waiting list” as required by the RAD Notice. After transferring all applicants from the existing public housing waiting list, you would then manage the new PBRA waiting list, and select applicants from that waiting list to fill vacated units, in accordance with the requirements of HUD Handbook 4350.3 (Chapter 4 Waiting List and Tenant Selection).
Formation of Resident Council after ClosingThe residents of a project converting to RAD want to form a resident council after conversion. What are the requirements to form a council after RAD conversion?
There is no requirement to form a resident council under RAD, but residents may form a resident organization and receive tenant participation funds. There are different resident participation and funding requirements under PBRA and PBV. For PBRA conversions, residents have the right to establish and operate a resident organization in accordance with 24 CFR Part 245 (Tenant Participation in Multifamily Housing Projects). In addition, in accordance with Attachment 1B (more specifically, Attachment 1B.2 at page 110 of REV-2), residents will be eligible for resident participation funding. For PBV conversions, residents of Covered Projects with converted PBV assistance will have the right to establish and operate a resident organization for the purpose of addressing issues related to their living environment and be eligible for resident participation funding In accordance with Attachment 1B.2.
Policy Regarding Tenants Who Were Not Properly Screened at Initial OccupancyWhat is the policy with respect to tenants who were not properly screened upon initial occupancy and do not qualify for a particular public housing unit?
RAD does not allow re-screening of tenants, meaning residents cannot be rescreened because of a RAD conversion. PHAs should be following their occupancy policies up until the RAD closing. These policies should outline when re-certifications and interim re-examinations may take place.
Designating Elderly Units in RAD PBV ConversionIn a RAD conversion to PBVs, can a PHA “designate” a building as elderly
No. Prior to the enactment of HOTMA, the PBV program had an income mixing component, wherein not more than 25% of the units in the project could be assisted, with exceptions for units made available for certain types of households, including elderly households. Under those requirements, a PHA could designate specific units for elderly occupancy. Since HOTMA has eliminated this income-mixing requirement, PHAs can no longer designate units in such a manner. A PHA may, however, adopt a project-specific waiting list and an admission preference for elderly households.
Elderly Designations for RAD PBRA ConversionsIn a PBRA conversion, can the owner/PHA of a Public Housing project designated for the elderly continue to serve only elderly households?
The owner/PHA cannot designate buildings as is done in Public Housing. While owners may not restrict occupancy to certain household types, however, Owners may adopt certain waiting list preferences on their waiting list, some of which require prior HUD approval while others do not. HUD regulation (see 24 CFR 5.655) permits Owners of PBRA projects to adopt waiting list preferences for single persons who are elderly without prior HUD approval. To adopt a waiting list preference for elderly families (i.e. non single-persons), the Owner must obtain prior HUD approval. See Paragraph 4-6 of HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs and HUD Housing Notice 2013-21 for the applicable requirements for implementing a preference for elderly families. Note that all owner adopted preferences must be included in the Tenant Selection Plan (TSP) and the Affirmative Fair Housing Marketing Plan for the property.
Relocated Residents Opt Not To ReturnWhat happens if tenants who are relocated off-site choose not to come back? What is the PHA's responsibility for relocation costs for such tenants? Is there any impact on the RAD PBRA or PBV Contract?
Your question describes a tenant who accepts temporary relocation assistance but later decides not to return to the completed project. In this situation, the PHA's responsibility for relocation assistance is limited to the assistance that the PHA offered (and the tenant accepted) in the RAD Notice of Relocation. See Notice H-2014-09 / PIH-2014-17 "Relocation Requirements under the REntal Assistance Demonstration (RAD) Program, Public Housing in the First Component". In the situation you describe, the RAD project itself, and the RAD HAP Contract, are unaffected, except that the RAD project no longer needs to hold a unit for the tenant who decided not to return.
Security Deposit Requirements for RAD PBRA ConversionsWe have converted 164 units of PH to RAD under PBRA. Are we now required to pay interest on Security Deposits and to keep these funds in a separate bank account?
RAD PBRA conversions are subject to HUD Handbook 4350.3 Occupancy Requirements for Subsidized Programs. Paragraph 6-17.B of the Handbook states, "The owner must place the security deposits into a segregated, interest-bearing account. The balance of the account must equal the total amount collected from all tenants then in occupancy, plus any accrued interest." Also refer to paragraph 6-18 regarding 'Refunding and Use of the Security Deposit' which states that any interest earned on the security deposit is to be paid at move-out, provided the tenant is due a refund of the security deposit. For existing tenants, this requirement applies to any security deposits carried over from their public housing tenancy. No new or additional security deposit can be required for existing tenants. For new tenants, collection of security deposits must be done in accordance with the HAP Contract and with the requirements of the Handbook.
Responsibility for Reasonable Accommodations for Tenants after ClosingUnder RAD, if an applicant or resident needs a reasonable accommodation, who is to pay for the accommodation?
Section 504 (of the Rehabilitation Act of 1973) requires property owners to provide and pay for physical and procedural accommodations, as needed by applicants and residents with disabilities, for properties with "federal financial assistance". Public housing is "federal financial assistance", and so are PBRA and PBVs. Accordingly, under RAD you have the same responsibilities regarding reasonable accommodations as you did under the public housing program. The HUD website contains a one-stop Section 504 resource at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/sect504.
Right to Return and Over Crowded UnitIf a family is currently over-crowded in their unit according to HQS standards and there is no way to accommodate them in the building because there are no vacancies, is the new owner obligated to honor the family’s right to return to the property or to find the family housing elsewhere because the owner would be violating the over-crowding standard? If it’s the latter, what options are the new owner entitled to give to this family?
In the situation you describe, the owner must offer the family a unit in the converted project. The owner may also choose to offer another unit elsewhere that is of the proper size, but the family may not be required or pressured to accept the alternative unit.
Work Requirements after Conversion for New ResidentsAre work requirements for new residents (not returning residents) permitted under PBRA?
Owners may not require a specific minimum income, however, owners may adopt a Working Families preference in selecting families from the waiting list for those families in which the head of household or spouse is employed. Even if the owner adopts such a preference, however, discrimination against persons unable to work is prohibited. Owners must not deny the preference to households in which the head or spouse is 62 or older, or to a person with disabilities. Refer to HUD Handbook 4350.3, REV-1, Chapter 4, Paragraphs 4-6.C.2 and 4-8.A.
HUD Approval of Tenant Selection PlanThe RAD Notice indicates that a Tenant Selection Plan is only required to be submitted for HUD approval if the owner plans to adopt any local or residency preferences. My building currently serves the elderly/disabled and will continue to do so after closing but we do not wish to establish a preference and have indicated that in our AFHMP. Do we still need to submit a Tenant Selection Plan to HUD?
While a TSP must be created and maintained on file for all Multifamily PBRA projects, HUD does not review or approve tenant selection plans unless the Owner adopts a local or residency preference. There are various types of owner-adopted preferences allowable under PBRA as defined in HUD Handbook 4350.3, REV-1, Chapter 4, Paragraph 4-6.C. 1) A Residency Preference, provides applicants who live in a specific geographic area at the time of an application a priority over nonresidents on the waiting list. 2) A Working Families preference would give applicants in which the head of household or spouse is employed priority over other applicants on the waiting list. 3) A Disability Preference would give applicants that include a disabled family member preference over other applicants on the waiting list. 4) A Victims of Domestic Violence preference would give priority to families who have been victim of domestic violence, dating violence, or stalking priority over other applicants on the waiting list. 5) Owners may also adopt a preference for single persons who are elderly, displaced, homeless, or persons with disabilities over other single persons. In order for a RAD converted projects to continue to serve an elderly/disabled population, the Owner must adopt a preference as described in number 5 above, however, the adoption of a Single Elderly or Disabled Preference would not trigger the TSP submission requirement. Refer to HUD Handbook 43503., REV-1, Chapter 4, Paragraph 4-6.C. for further information on owner-adopted preferences.
New Resident Eligibility for Family Self Sufficiency (FSS) Program After ConversionAre new tenants who come under lease post-RAD conversion eligible for the Family Self Sufficiency (FSS) program?
For PBV conversions, new residents would be eligible for FSS as long as the PHA administers an FSS program. For PBRA conversions, FSS funds awarded in FY14 and prior FSS funds may be used only to continue to serve FSS participants living in units converted under RAD to PBRA. Pursuant to FY 2015 Appropriations Act, any FSS funds awarded in FY 2015 (and forward if the provision is extended), may be used to also serve any other PBRA resident, affected by RAD or not.
Right to ReturnWhen does a resident first get the Right to Return? With the issuance of the RIN? The CHAP? Some other milestone?
Under Section 6 of the RAD Relocation Notice (H 2016-17), eligibility for protections under said Notice apply to any person residing at the Converting Project and who is legally on the public housing lease, has submitted an application to be added to an existing lease, or is otherwise in lawful occupancy at the time of CHAP issuance. Consequently the Right to Return would apply to anyone meeting these conditions at the time of CHAP issuance.