- Relocation Requirements.
RAD Fair Housing, Civil Rights, and Relocation Notice. Relocation requirements related to public housing conversions under RAD are described in Notice H 2016-17; PIH 2016-17, as may be amended from time to time (“RAD Fair Housing, Civil Rights, and Relocation Notice”).10 The RAD Fair Housing, Civil Rights, and Relocation Notice provides PHAs and their development partners with information and resources on RAD program requirements and Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) requirements when planning for or implementing resident moves in connection with a RAD conversion under the First Component of RAD. Specifically, the RAD Fair Housing, Civil Rights, and Relocation Notice provides guidance on relocation planning, resident right to return, relocation assistance, resident notification, initiation of relocation, and the fair housing and civil rights requirements applicable to these activities.
- Right to Return. Any resident that may need to be temporarily relocated to facilitate rehabilitation or construction has a right to return to an assisted unit at the Covered Project once rehabilitation or construction is completed. Permanent involuntary displacement of residents may not occur as a result of a project’s conversion of assistance, including, but not limited to, as a result of a change in bedroom distribution, a de minimis reduction of units, the reconfiguration of efficiency apartments, or the repurposing of dwelling units in order to facilitate social service delivery. Where the transfer of assistance to a new site is warranted and approved (see Section 1.4.A.12), residents of the Converting Project will have the right to reside in an assisted unit at the new site once rehabilitation or construction is complete. For more information on how to implement these provisions see the RAD Fair Housing, Civil Rights, and Relocation Notice.
- Ineligibility of Tenant Protection Vouchers. Conversion of assistance is not an event that triggers the issuance of Tenant Protection Vouchers to residents of public housing projects going through a RAD conversion.11
The appendices to the RAD Fair Housing, Civil Rights, and Relocation Notice include recommended relocation plan contents. Sample relocation notices for issuance to residents depending on RAD project characteristics are available on the RAD website at www.hud.gov/rad. Questions regarding relocation will generally be addressed in the RAD Fair Housing, Civil Rights, and Relocation Notice and not this Notice. In the event of a conflict between this Notice and the RAD Fair Housing, Civil Rights, and Relocation Notice, with regard to relocation requirements, the RAD Fair Housing, Civil Rights, and Relocation Notice controls.
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.
HUD Form for Relocation ExpensesCan the form 40030 “Claim for Temporary Expenses” be used for the temporary moves or do we need to use form 40054 “Residential Claim for Moving and Related Expenses” for all moves? This would ease the reporting burden significantly.
HUD-40030 is specifically designed to be used for temporary (residential) moves under the URA. HUD-40054 is specifically designed to be used for permanent (residential) moves under the URA. The forms are not interchangeable. Each form serves a different purpose. Persons who temporarily relocate are not eligible for the same relocation payments and moving options as persons who permanently relocate and vice versa.
RAD Accessibility & Relocation Checklist for Mod Rehab ConversionsDo Mod Rehab conversions under the First Component of RAD need to complete the RAD Relocation and Accessibility checklist as part of the Financing Plan?
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.
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.
Timing of First REAC Inspection after ConversionWhen is the first REAC inspection from the time a redeveloped unit is occupied? We understand that the resident has a move in inspection done by the HA and that they are not re-screened for one year after moving in to the permanent unit.
Under PBRA conversions, a physical inspection will take place as soon as possible after closing. If rehabilitation is occurring at the project and the project has FHA insurance, the first inspection will not occur until the rehabilitation is complete. If rehabilitation is being done and the project does not have FHA financing, the owner can submit a formal written request to the local multifamily field office to postpone the initial inspection until rehabilitation is complete. After the initial inspection, the schedule of subsequent physical inspections will be determined by 24 CFR Part 200 Subpart P.
Deposits for Replacement Housing Units and Relocation ExpensesAre security or utility deposits for replacement housing units considered a reasonable relocation expense?
URA regulations consider refundable security and utility deposits to be an ineligible expense in connection with a permanent move. However, in the context of temporary relocation, HUD policy allows for a PHA to advance funds for such deposits under a repayment agreement or pay such deposits on behalf of a temporarily relocated resident (provided any refund will be made to the PHA). For more information, see paragraph 2-7(A)(3) of HUD’s Relocation Handbook, HUD Handbook 1378.
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.
Proration of Moving ExpensesWhen is proration of moving expenses necessary, and why?
Section 104(a) of the URA, and implementing regulations at 49 CFR 24.208, provide that a displaced person is not eligible to receive relocation payments or other assistance under the URA if the person is an alien not lawfully present in the United States. This general rule is subject to the hardship exception discussed in another FAQ. To comply with section 104 and the regulations, moving expenses must be prorated, that is, computed based on the eligible members of the family. Similar requirements apply to the use of public housing funds. See 24 CFR 5.520(“Proration of Assistance”).
Calculation of Proration of Moving ExpensesHow is the proration calculated? i.e., if the PHA pays for the move, for example $1200 – and the family has ineligible members, would the family have to pay back the prorated portion to the PHA?
Moving expenses provided for an eligible family that includes displaced persons that are lawfully present and persons that are not lawfully present in the United States are to be calculated based on the proportion of lawful occupants to the total number of occupants, except where the move is undertaken by the PHA from one public housing unit to another public housing unit and is set at a flat rate (that is, not based on the number of eligible individuals in the family). As an example, if 3 out of 5 total occupants are found to be eligible to receive relocation assistance, then the family is eligible to receive assistance to cover 3/5 (or 60%) of the moving expenses that the family would otherwise have been eligible to receive. For additional information, please see Frequently Asked Questions attached to an August 9, 1999 Federal Highway Administration memorandum relating to Section 104 of the URA (available at: http://www.fhwa.dot.gov/real_estate/uniform_act/relocation/illegaqa.cfm). Please note that when a PHA undertakes the move at no cost to the resident, the PHA is responsible for doing so in accordance with all applicable Public Housing requirements, including any requirements that govern the provision of assistance to persons that are not U.S. citizens or lawfully present resident noncitizens. If a PHA undertakes the family’s move at no cost to the family, a subsequent discovery that the family contains an ineligible family member does not justify seeking repayment from the family. However, the PHA should address the issue to ensure that the overpayment is not charged to public housing funds or characterized as an eligible moving expense under the URA.
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
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.
Moving Residents of a Transfer of Assistance Conversion to a Section 8 Property Owned by PHAThe Housing Authority will be doing a transfer of assistance. However, some residents may decide that they would rather not relocate to the Transfer of Assistance site. If a resident does not wish to move to the Transfer of Assistance site, may the PHA allow these residents to initiate a move to other nearby project-based Section 8 RAD housing owned by the PHA? If so, can such moves be treated by the PHA similarly to a “Resident Initiated Public Housing Transfer Related to the RAD Transaction” as described in Section 7.4 of the RAD Notice Regarding Fair Housing and Civil rights Requirements and Relocation Requirements (PIH 2016-17)?
We believe this is addressed on pages 45-46 of the RAD Relocation Notice- see excerpt below. If this scenario applies to your project, please contact your RAD Transaction Manager so that HUD approval can be obtained. - "If HUD determines that the distance from the Converting Project to the site of the Covered Project is significant and the resident could not reasonably be required to move to the new site, then HUD will require the PHA to adjust project plans to accommodate the resident in an assisted unit (e.g., a public housing unit, some other project-based Section 8 unit or a market unit 46 with a housing choice voucher) within a reasonable distance of the site of the Converting Project. HUD will evaluate whether this requirement applies on a case by case basis, considering whether the distance would impose a significant burden on residents’ access to existing employment, transportation options, schooling or other critical services. Accommodating the resident may also be satisfied by the resident’s consent to an alternative housing option pursuant to Section 6.10. The requirement set forth in this paragraph is in addition to all protections, including, for example, the offer of comparable replacement dwellings, which are required in all instances where a transfer of assistance is subject to the URA and/or Section 104(d)."
Resident Protections for Transfers of Assistance to an Existing, Non-Public Housing SiteWhen there is a transfer of assistance (ToA) to an occupied, non-public housing site, are occupants of the receiving site entitled to RAD or other protections?
When the project-based assistance is transferred from one site (transferring site) to another (receiving site) in connection with a RAD conversion, generally, residents of the transferring site have protections and rights under RAD. Occupants of the receiving site are not generally entitled to RAD protections and rights due to the incoming assistance. However, if acquisition, rehabilitation or demolition is planned and will cause occupants of the receiving site to move, the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) may apply. In that event, the project owner is required to provide a General Information Notice (GIN) to occupants of the receiving site “as soon as feasible”. Under these circumstances, HUD anticipates that “as soon as feasible” will generally mean no later than when the site is identified to receive the proposed transfer of assistance in connection with the RAD conversion. Where a receiving site was not identified in the initial RAD application or CHAP, a GIN should be provided at the time the site is identified, or more specifically, when the PHA submits a revised CHAP application identifying the site, but no later than 30 days after submitting the revised CHAP application identifying the receiving site. Project owners and PHAs should be mindful that although occupants of the receiving site may not be eligible for RAD related protections and assistance, occupants that are required to move may be protected and eligible for relocation assistance and payments under the URA. In some cases, where CDBG or HOME funds are involved, those occupants may also be protected and eligible for relocation assistance and payments under section 104(d) of the Housing and Community Development Act (section 104(d)). Additional information and resources on the URA and section 104(d) are available on HUD’s Acquisition and Relocation website at www.hud.gov/relocation
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.
Tenant Refuses Unit at Transfer of Assistance SiteWe are moving tenants under Transfer of Assistance. If we offer the dislocated tenants a new unit at the receiving site and they refuse the new site is our obligation terminated? What if we offer a voucher after the refusal, are there any other obligations long term. (We would still offer relocation payment.)
In the situation you mention, your obligation is limited to the relocation assistance that you provided in the RAD Notice of Relocation. You may choose to, but are not required to, offer relocation assistance in addition to what you provided in the RAD Notice of Relocation .You should consult with local counsel regarding any local legal actions regarding legal actions/termination of assistance.
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.
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.
Delivery of GIN to ResidentsWhat is RAD's definition of "personally served" regarding the delivery of GIN notices?
The GIN should be hand delivered to the head of household and the PHA should get written acknowledgement of receipt for their records. Leaving the GIN in a mailbox or under the door is not sufficient. HUD needs to know that the head of the household actually received the GIN and that requires a signature by the head of household.