RAD PIH Notice 2012-32 (.pdf, 1 MB) - National Low Income ...

Section II: Moderate Rehabilitation ProjectsD. Physical Condition. For units that do not meet either Housing Quality Standards (HQS)or receive a passing score on the Uniform Physical Condition Standards (UPCS) prior toconversion, the owner must be able to demonstrate in its Financing Plan that the unitswill undergo sufficient rehabilitation to meet HQS.E. Fair Housing and Civil Rights Compliance. An owner must be in compliance with allfair housing and civil rights requirements at 24 CFR §5.105(a) and not, without resolvingany of the following to HUD’s satisfaction, have any of the charges, causedeterminations, lawsuits, or letter of findings referenced below against a PHA, itsproposed partners, subrecipients, contractors, or the prospective project owner:1. A charge from HUD concerning a systemic violation of the Fair Housing Act or acause determination from a substantially equivalent state or local fair housing agencyconcerning a systemic violation of a substantially equivalent state or local fairhousing law proscribing discrimination because of race, color, religion, sex, nationalorigin, disability or familial status;2. A Fair Housing Act lawsuit filed by the Department of Justice alleging a pattern orpractice of discrimination or denial of rights to a group of persons raising an issue ofgeneral public interest pursuant to 42 U.S.C. § 3614(a);3. A letter of findings identifying systemic noncompliance under Title VI of the CivilRights Act of 1964, section 504 of the Rehabilitation Act of 1973, or section 109 ofthe Housing and Community Development Act of 1974;4. A cause determination from a substantially equivalent state or local fair housingagency concerning a systemic violation of provisions of a state or local lawproscribing discrimination in housing based on sexual orientation or gender identity;or5. A cause determination from a substantially equivalent state or local fairhousing agency concerning a systemic violation of a state or local lawproscribing discrimination in housing based on lawful source of income.Applicants may still be eligible for the demonstration if the charge, cause determination,lawsuit, or letter of findings referenced in subparagraphs 1, 2, 3, 4, or 5 above has beenresolved to HUD’s satisfaction. However, if the matter has not been resolved, then theapplicant is ineligible for the demonstration.HUD will determine if actions to resolve the charge, cause determination, lawsuit, orletter of findings taken before the deadline are sufficient to resolve the matter. Examplesof actions that would normally be considered sufficient to resolve the matter include, butare not limited to:Current compliance with a voluntary compliance agreement signed by all the parties;PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 106