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Notice Section 1.12.D Milestones and Financing Plan Notice Section 1.4.A.12 Transfer of Assistance
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Questions on Transfers of Assistance

Moving Residents of a Transfer of Assistance Conversion to a Section 8 Property Owned by PHA

The 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 Site

When 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

Transfer of Assistance to Site Outside of PHA’s Jurisdiction

Can a PHA do a RAD Transfer of Assistance to sites outside the jurisdiction of the PHA provided that the receiving jurisdiction and the state agency overseeing vouchers approves?

See the discussion of Transfer of Assistance in the Notice (including in particular, pages 31-32 of the Notice REV-2). HUD approvals for Transfer of Assistance are made case by case and in HUD's sole discretion. The site will also be subject to site and neighborhood standards. If you would like to discuss a specific proposal for Transfer of Assistance, please contact the RAD Team at RAD@hud.gov.

Certification Requiremetns for a Transfer of Assistance to Existing Building

If a Transfer of Assistance is to an existing apartment complex (instead of new construction), what Site and Neighborhood standards apply to determine whether that existing apartment complex meets FHEO requirements?

For all transactions that are converting the assistance of an existing structure (whether on-site or through a transfer of assistance), the PHA must provide a certification that the site complies with the Site and Neighborhood Standards for existing or rehabilitated housing. This certification must be included within the PHA’s Annual or Five Year Plan.

Classification of a Transfer of Assistance to Existing Commercial Building

For the purposes of the FHEO New Construction review requirements, is the transfer of assistance to an existing commercial building (that will be converted to residential use)considered new construction?

Yes. For purposes of RAD, this scenario would be treated as new construction since the use of the existing building is changed from commercial to residential and thus it would be subject to an FHEO Site Selection & Neighborhood Standards review for New Construction.

Transfer of Assistance for Mod Rehab Component 2 Conversion

We have a 47 unit mod rehab project that may be interested in redeveloping under RAD at another site. Is this permissible under RAD?

Yes, transfers of assistance are permitted for Mod Rehab RAD conversions. See Section 2.4(I) in the RAD Notice for scenarios under which assistance may be transferred to another site.