- Site Selection and Neighborhood Standards. Where a PHA is planning to convert assistance under RAD, the PHA must comply with all applicable site selection requirements as set forth in this Notice and in accordance with any additional applicable guidance provided by HUD. Site selection requirements set forth at 24 CFR § 983.57 shall apply to RAD conversions to PBV assistance and site selection requirements set forth at Appendix III shall apply to RAD conversions to PBRA assistance. Site selection must be consistent with the requirements of the Fair Housing Act, Title VI of the Civil Rights Act of 1964 including implementing regulations at 24 CFR § 1.4(b)(3), Section 504 of the Rehabilitation Act of 1973 including implementing regulations at 24 CFR § 8.4(b)(5), and the Americans with Disabilities Act. Choice Neighborhoods Implementation projects are subject to the site and neighborhood standards published in the applicable NOFA. See the RAD Fair Housing, Civil Rights, and Relocation Notice (Notice H 2016-17 PIH 2016-17 (HA)) for a full description of Site and Neighborhood Standards requirements in RAD and the situations under which HUD will perform an up-front review.
- Section 3 of the Housing and Urban Development Act of 1968 (Section 3). Section 3 is codified at 12 U.S.C. 1701u and implemented by regulation at 24 CFR part 135 or successor part.
- Pursuant to such requirements, all pre-development conversion costs funded by public housing program funds pursuant to Section 1.5.A are subject to 12 U.S.C. 1701u(c)(1) and (d)(1), which sets forth Section 3 requirements applicable to pubic housing activities.
- While most RAD conversions do not utilize funding covered by Section 3, HUD has established the alternative requirement that any work required by the conversion after the RAD Closing that invovles housing rehabilitation or housing construction is subject to the Section 3 requirements applicable to housing and community development activies as set forth in 12 U.S.C. 1701u(c)(2) and (d)(2) and the regulations derived from such provisions, except that, with the exception of transactions receiving HUD housing and community development assistance, such as CDBG (24 CFR part 570) or HOME (24 CFR part 92), first priority for employment and other economic opportunities shall be given to residents of pubic housing or Section 8 assisted housing. Otherwise, the receipt of Section 8 rental assistance does not, in itself, trigger the applicability of Section 3.
- The Project Owner shall report Section 3 compliance through the post-closing completion certification to HUD described in Section 1.13.B.7 of this Notice upon completion of the Work. In addition, for any housing rehabilitation or housing construction assisted with HUD housing and community development assistance, such as CDBG (24 CFR part 570) or HOME (24 CFR part 92), Section 3 compliance shall be reported consistent with such program requirements.
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Accessibility and Relocation Plan ChecklistIf a PHA is performing a conversion without any rehabilitation or construction, is it necessary to provide an accessibility and relocation plan checklist?
Yes. All PHAs participating in RAD must fill out an accessibility and relocation plan checklist. There are only 2 questions that need to be completed on the checklist if the transaction does not involve any rehab or construction. A PHA will be required to fill out the checklist consistent with the provisions in Section 1.12 and Attachment 1A.1.E of PIH Notice 2012-32, REV-1.
Timing of Accessibility and Relocation Plan ChecklistIs it appropriate for a PHA to provide the accessibility and relocation plan checklist prior to submission of an application for firm commitment for FHA financing or submission of a financing plan?
Yes. PHAs must provide the accessibility and relocation checklist prior to submission of an application for firm commitment for FHA financing or submission of a financing plan. However, since approval of the checklist is required prior to closing, in order to avoid delays HUD strongly recommends that PHAs submit the checklist as soon as details of the transaction are known (i.e. before all of the other components of the Financing Plan or application for firm commitment is ready). Submission of the checklist in an earlier stage will help speed up transaction processing and allow HUD more time to work with a PHA to resolve any issues that may arise during review.
Transfer of Assistance to Site Outside of PHA’s JurisdictionCan 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.
Process for Requesting Up-front FHEO ReviewsHow long does the FHEO neighborhood and site review take to complete and what is the formal process for requesting the up-front review?
HUD expects the upfront civil rights reviews to take approximately 60 days. The upfront civil rights review templates can be found in the Document Library on the RAD Resource Desk and the submission instructions can be found within the templates.
Definition ofWhat level of work is considered "new construction" for a RAD project when rehab is being done? For example, would a PHA be required to perform an FHEO review for "new construction" if it is gut-rehabbing all of the units?
For the purposes of RAD, new construction refers to the construction of entirely new structures and/or significant extensions of existing structures. Substantial rehabilitation of an existing structure that may include the demolition of units and walls but that will re-use the existing foundation is not considered new construction.