- PBV: Other Miscellaneous Provisions
- PBRA: Other Miscellaneous Provisions.
- Exemptions from the Choice-Mobility Component. For PBRA conversions, HUD will allow good-cause exemptions on a first-come, first-served basis up to the 10 percent limit.61 An Application that meets all requirements of the Notice, but that cannot be awarded a CHAP because it has requested a good-cause exemption and HUD reached its 10% cap will be placed on the waiting list. The Application will be passed over if all of the good-cause exemptions as indicated above have been exhausted. An Application may be selected for a good-cause exemption if a CHAP is terminated for a project that originally received a good- cause exemption. At any point during the Second or Third Application Period, a PHA may revise its application to certify that it will meet the Choice-Mobility component. If an application is modified in this way, it will retain its place on the waiting list.
- Choice-Mobility. One of the key features of the PBV program is the mobility component, which provides that if the family has elected to terminate the assisted lease at any time after the first year of occupancy in accordance with program requirements, the PHA must offer the family the opportunity for continued tenant- based rental assistance, in the form of either assistance under the voucher program or other comparable tenant-based rental assistance.
If as a result of participation in RAD a significant percentage of the PHA’s HCV program becomes PBV assistance, it is possible for most or all of a PHA’s turnover vouchers to be used to assist those RAD PBV families who wish to exercise mobility. While HUD is committed to ensuring mobility remains a cornerstone of RAD policy, HUD recognizes that it remains important for the PHA to still be able to use tenant- based vouchers to address the specific housing needs and priorities of the community. Therefore, HUD is establishing an alternative requirement for PHAs where, as a result of RAD, the total number of PBV units (including RAD PBV units) under HAP Contract administered by the PHA exceeds 20 percent of the PHA’s authorized units under its HCV ACC with HUD.
The alternative mobility policy provides that an eligible voucher agency would not be required to provide more than three-quarters of its turnover vouchers in any single year to the residents of Covered Projects. While a voucher agency is not required to establish a voucher inventory turnover cap, if such a cap is implemented, the voucher agency must create and maintain a waiting list in the order in which the requests from eligible households were received. In order to adopt this provision, this alternative mobility policy must be included in an eligible PHA’s administrative plan.
To effectuate this provision, HUD is providing an alternative requirement to Section 8(o)(13)(E) of the Act and 24 CFR § 983.261(c). Please note that this alternative requirement does not apply to PBVs entered into outside of the context of RAD. MTW agencies may not alter this requirement.
- Choice-Mobility. HUD seeks to provide all residents of Covered Projects with viable Choice-Mobility options. PHAs that are applying to convert the assistance of a project to PBRA are required to provide a Choice-Mobility option to residents of Covered Projects in accordance with the following:51
- Resident Eligibility. Residents have a right to move with tenant-based rental assistance (e.g., Housing Choice Voucher (HCV)) the later of: (a) 24 months from date of execution of the HAP or (b) 24 months after the move-in date.
- Voucher Inventory Turnover Cap. Recognizing the limitation on the availability of turnover vouchers from year to year, a voucher agency would not be required, in any year, to provide more than one-third of its turnover vouchers to the residents of Covered Projects. While a voucher agency is not required to establish a voucher inventory turnover cap, if such a cap is implemented the voucher agency must create and maintain a waiting list in the order in which the requests from eligible households were received.
- Project Turnover Cap. Also recognizing the limited availability of turnover vouchers and the importance of managing turnover in the best interests of the property, in any year, a PHA may limit the number of Choice-Mobility moves exercised by eligible households to 15 percent of the assisted units in the project. (For example, if the project has 100 assisted units, the PHA could limit the number of families exercising Choice-Mobility to 15 in any year, but not to less than 15.) While a voucher agency is not required to establish a project turnover cap, if such a cap is implemented the voucher agency must create and maintain a waiting list in the order in which the requests from eligible households were received.
HUD’s goal is to have all residents in the Demonstration offered a Choice-Mobility option within a reasonable time after conversion. However, as HUD recognizes that not all PHAs will have vouchers sufficient to support this effort, HUD will take the following actions:
- Provide voucher agencies that make such a commitment bonus points provided under the Section Eight Management Assessment Program (SEMAP) for deconcentration.52
- Grant a good-cause exemption from the Choice-Mobility requirement for no more than 10 percent of units in the Demonstration. HUD will consider requests for good-cause exemptions only from the following types of PHAs:
- Public housing–only agencies, defined as agencies that own units under a public housing ACC, but do not administer, directly or through an affiliate, a Housing Choice Voucher program; or
- Combined agencies that currently have more than one-third of their turnover vouchers set aside for veterans, as defined for the purpose of HUD-VASH, or homeless populations, as defined in 24 CFR § 91.5.53 To be eligible for this exemption, the PHA’s admission policies must have been formally approved by the PHA’s board prior to the time of application.
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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).
Time Period for Choice Mobility VoucherWhat is the time period for a resident to request a voucher after the one year obligation has been met?
The resident may request a Choice Mobility voucher at any time after one year.
Choice Mobility Exemption ApprovalHow do I know if my request for a good cause exemption from Choice Mobility was approved?
If the PHA requested a good cause exemption in their RAD application, after CHAP issuance the Executive Director will receive an email notifying them of whether or not the exemption was approved. The Transaction Manager will be copied on this email as well. The exemption approval is also logged on the RAD Resource Desk on the Property Details page for future reference.
Choice Mobility Voucher Definition and RequirementsCould you point to a Notice or other official document that provides a clear, succinct definition of “Choice Mobility Voucher” and its requirements in the context of RAD?
For RAD, the Choice-Mobility was modeled after the requirements in the PBV program. The statutory reference is Section 8(o)(13)(E)(i) of the Housing Act of 1937. The regulatory reference is 24 CFR 983.260. Under RAD, HUD made no changes in Choice-Mobility for PBV conversions. For PBRA conversions, see section 1.7(C)(5).
Waiting Period for PBV Tenants to Exercise Choice Mobility Option after ClosingDo residents of a PBV RAD conversion have to wait 12 months or 24 months after the execution of the HAP to exercise their right to move into tenant-based assistance?
See the RAD Notice REV-2, page 61, item 9 Choice Mobility, which makes it clear that, with PBVs, a resident's ability to access the choice-mobility option is available "at any time after the first year of occupancy." Note that the choice-mobility requirements for PBV conversions differ in some respects from the choice-mobility requirements for PBRA conversions.
Choice Mobility for New Residents after RAD ConversionIs choice mobility only available to residents who were in place at conversion, or can new residents eventually qualify for it too?
For covered projects, the Choice-Mobility option is available to all existing and future residents. Note, however, that there may be limits on the number of residents in a covered project who might receive a Choice-Mobility option in any given year. See Notice PIH-2032 REV-2 for additional information on the Choice-Mobility requirement (see in particular section 1.6.D.9 for PBV conversions and section 1.7.C.5 for PBRA conversions). Some RAD PBRA conversions received an exemption from the Choice-Mobility requirement at the time of the initial RAD application and approval, as discussed on Section 2.3.6.C.3 of the Notice.