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Notice Listings on Public Housing Requirements
Notice Section 1.5 Waivers, Alternatives, and Other Public Housing Requirements Notice Section 1.5.A User of Public Housing Program Funds to Support Conversion Notice Section 1.5.E Conversion is a Significant Action under a PHA's Annual/Five Year Plan Notice Section 1.4.A.6 Accessibility Requirements
Questions on Public Housing Requirements

ROSS Service Coordinator Grant

My 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]


How does the switch to a RAD HAP Contract affect the PHA's Admissions and Continued Occupancy Policy?

A project that converts under RAD will no longer be under the public housing program. Therefore, the ACOP will not apply. The owner must establish admissions and occupancy policy consistent with the program to which the project is applying. For conversions to PBV, these policies can be found in CFR 24 Part 983. For conversions to PBRA, these policies can be found in Handbook 4350.3

TDC/HCC Cost Limits

Do the TDC/HCC cost limits established by HUD apply to the RAD program?

No. During conversion the TDC/HCC cost limits do not apply. Post-conversion, a RAD project is not public housing, so public housing rules do not apply.

Inclusion of Excess Personal Property in RAD Conversion

If a PHA owns excess personal property (i.e., vehicles) not currently considered part of any one AMP, may it include the property in its RAD conversion?

Yes, provided that either: (A) the PHA is converting its entire public housing portfolio; or (B) there is a sufficient nexus between the property and the proposed conversion (i.e., the vehicle will serve the project).

Closing Out Projects in FASS-PH

If a public housing-only PHA converts its entire inventory to RAD, does it need to submit one last FASS-PH report (for that last partial or full year)?

Yes. Because it received Federal funds for a portion of that fiscal year, the PHA will need to submit a close-out FDS.

Transfer of FSS Escrow Accounts for PBRA Conversions

How do FSS escrow accounts get transferred to deals that are converting to PBRA? We understand that they are transferred in PBV and that HUD continues to fund the rents at the initial HAP level, so that the FSS escrow accounts can funded by resident payments as their incomes rise. Will this also happen with PBRA?

Public Housing residents that are current FSS participants will continue to be eligible for FSS once their housing is converted under RAD, and PHAs will be allowed to use any remaining PH FSSfunds, to serve those FSS participants who live in units converted by RAD. Due to the program merger between PH FSS and HCV FSS that took place pursuant to the FY14 Appropriations Act (and was continued in the FY15 Appropriations Act), no special provisions are required to continue serving FSS participants that live in public housing units converting to PBV under RAD. However, PHAs should note that there are certain FSS requirements (e.g. escrow calculation and escrow forfeitures) that apply differently depending on whether the FSS participant is a participant under the HCV program or a public housing resident, and PHAs must follow such requirements accordingly. All PHAs will be required to administer the FSS program in accordance with FSS regulations at 24 CFR Part 984, the participants’ contracts of participation, and the alternative requirements established in the “Waivers and Alternative Requirements for the FSS Program” Federal Register notice, published on December 29, 2014, at 79 FR 78100. 25 Further, upon conversion to PBV, already escrowed funds for FSS participants shall be transferred into the HCV escrow account and be considered TBRA funds, thus reverting to the HAP account if forfeited by the FSS participant. An owner is permitted to obtain the escrow amount by creating monthly Owner/Agent Request (OARQ) adjustments on the property’s HAP voucher and then must deposit the money in the corresponding escrow account. In order for HUD to identify information relating to FSS, and until future updates can be made to TRACS, all FSS OARQ adjustments must indicate the Unit Number, Head of Household’s Last Name, and the words “FSS Participant” in the comments section. The owner shall deposit the FSS account funds of all participating families into a single depository account.

Eligibility for ROSS After CHAP Issuance

As it relates to the 2015 ROSS NOFA, are you eligible if you sign the final RAD contract before the awards for ROSS are made, or are you ineligible once the CHAP is received?

The RAD units are ineligible once the CHAP is received. See the ROSS NOFA Section IIIlA: "RAD Provision. Units that have been approved for RAD conversion or units that have already converted are not eligible to be served under the ROSS-SC NOFA. PHAs that are submitting RAD applications for some or all of their units, but that have not received approval during the ROSS application period, must withdraw their request for a ROSS grant as soon as they receive a RAD Commitment to enter into a Housing Assistance Payment (CHAP)."

New Resident Eligibility for Family Self Sufficiency (FSS) Program After Conversion

Are 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.

Phase-In for EID Households

Can RAD households who are currently receiving an Earned Income Disregard (EID), receive a rent phase-in at conversion if the household’s monthly rent increases by more than the greater of 10% or $25 purely as a result of the conversion? Section 1.7.B.7 of the RAD Notice states “tenants whose EID ceases or expires after conversion shall not be subject to the rent phase-in provision, as described in Section 1.7.B.3; instead, the rent will automatically be adjusted to the appropriate rent level based upon tenant income at that time.

Yes, RAD households who are currently receiving an EID are eligible to receive a rent phase-in at conversion if the household’s monthly rent increases by more than the greater of 10% or $25 purely as a result of the conversion. Section 1.7.B.7 of the RAD Notice refers to the point in time when the EID ceases or expires. The result is the inclusion of income that was previously disregarded and an increased monthly rent. This increase in monthly rent, which occurs because of the inclusion of the previously disregarded income, is not subject to phase-in and any phase-in that was in effect ceases.