HUD published Notice H 2016-7 on November 10, 2016. The Notice replaces and supersedes Notice H 2014-09/PIH 2014-17 (issued July 14, 2014).
The Notice provides PHAs, Owners and RAD development partners with guidance regarding fair housing, civil rights, and relocation requirements for First Component (public housing conversion) RAD projects.
This Post focuses on the relocation requirements of the Notice.
Section 6 and 7 of the Notice provide guidance regarding relocation assistance requirements when planning for or implementing resident moves as a result of a conversion of a public housing project under RAD. PHAs and Project Owners implementing RAD transactions may be subject to the requirements of the Uniform Relocation Act.
For properties being redeveloped with funding under a Choice Neighborhoods Implementation (CNI) grant, the relocation requirements set forth in this Notice are superseded by guidance regarding relocation in the CNI NOFA. Permanent involuntary displacement of public housing or Section 8 assisted residents may not occur as a result of a CNI conversion.
Major Notice provisions relating to relocations include:
- Requires PHAs or Project Owners to prepare a written relocation plan for all transactions that involve permanent relocation or temporary relocation anticipated to exceed 12-months;
- Requires PHAs to provide residents with a RAD Information Notice (RIN) in order to ensure that residents are informed of potential project plans and of their rights in connection with RAD prior to submission of the RAD application;
- Clarifies that the General Information Notice (GIN), when applicable, should be provided as soon as feasible and no later than 30-days following the issuance of the Commitment to enter into a Housing Assistance Payments Contract (CHAP);
- Requires Project Owners to provide a notification of Return to the Covered Project, when applicable;
- Moves the date before which PHAs are prohibited from beginning any physical relocation earlier in the conversion process (specifically, from the date of Closing to the later of the effective date of the RAD Conversion Commitment (RCC) and the expiration of the 30- or 90-day RAD Notice of Relocation period, as applicable);
- Clarifies the specific requirements applicable to different types of relocation (e.g., moves within a property, temporary relocation of less than 12-months, etc.);
- Provides enhanced guidance on the right to return requirements, any offers of alternative housing options and the documentation that must be retained when tenants choose an alternative housing option and decline their right to return;
- Describes how HUD has administratively implemented URA requirements and URA relocation assistance and payments for displaced persons, when applicable, to residents who choose to decline the right of return and, instead, choose voluntary permanent relocation;
- Requires PHAs to maintain detailed data regarding each household that will be relocated, with key dates of notices and moves; and
- Identifies key fair housing and civil rights requirements applicable during relocation.
Accessibility for Persons with Disabilities Throughout the Planning and Implementation Process
Accessibility requirements will apply during all stages of a RAD transaction, including during relocation. This includes the requirement for reasonable accommodations in rules, policies, practices, and services. Common examples of reasonable accommodations that may occur during relocation include permitting an individual with a disability to relocate near public transportation, providing a unit larger than otherwise permitted for a live-in aide, and making exceptions to no-animal rules for assistance and service animals. Reasonable accommodations must follow the disabled individual throughout the RAD process, including during relocation. Furthermore, PHAs and Project Owners may be required to provide particular reasonable accommodations during relocation, such as assistance moving household items.
The Notice’s relocation requirements are extensive and cover 23 pages of the 80 page Notice. The Notice also includes Recommended Relocation Plan Contents.
PHAs and Project Owners involved with First Component RAD conversions that may involve resident relocation should obtain and carefully review the requirements of this Notice. Early planning relating to relocation requirements are essential if these public housing conversions are to be successful.