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

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Section II: Moderate Rehabilitation Projectssuch services are declined by the household, the unit shall remain under the HAPcontract, the household shall not be terminated from the PBV program, and the decisionto decline an offer to receive supportive services shall not represent a ground for leasetermination. Once the initial household residing in the excepted unit under RAD vacatessuch unit, all PBV program requirements related to the required receipt of supportiveservices shall apply in accordance with 24 CFR§§ 983.56, 983.257(c), 983.261(a) and(d).To implement these provisions, HUD is waiving section 8(o)(13)(D) of the Act, as wellas related provisions of 24 CFR §§ 983.56, 983.257(c), 983.261(a) and (d) for initialoccupancy in the RAD converted project. 96Site Selection – Compliance with PBV goals, 24 CFR §§ 983.57(b)(1) and (c). HUD iswaiving these provisions, concerning deconcentration of poverty.Owner Proposal Selection Procedures, 24 CFR § 983.51. HUD waives the ownerproposal selection requirements. Selections under Section 2.3 of this Notice shall bemade in accordance with program requirements detailed in this Notice and selectionrequirements under § 983.51 are not applicable.Finally, for all projects that will use FHA multifamily mortgage insurance in financing related tothe conversion, HUD will perform the environmental review under 24 CFR Part 50, and noreview will be required under 24 CFR Part 58.All other regulatory and statutory requirements of the PBV program in 24 CFR Part 983 shallapply to conversions pursuant to Section 2.3 of this Notice, including Family Right to Moveunder 24 CFR § 983.260 (i.e., Choice-Mobility), environmental review, and fair housingrequirements.2.3.4 Submission of Requests for Prospective ConversionsThis Section covers prospective conversions of EVs to PBVs.A. Submission of Preliminary Request to Administering PHAFor prospective conversions (initial or renewal contract expirations expected to occur prior toSeptember 30, 2013) the owner must first contact the administering PHA and make a preliminary96 See also 73 FR 71037, which implements language in the Housing and Economic Recovery Act, allowing for thecap on the number of PBV units to apply to a project, rather than a building. Although this change is not yetreflected in 24 CFR § 983.56, these statutory changes are self-implementing.PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 108
Section II: Moderate Rehabilitation Projectsrequest to assess whether the PHA is interested in administering the PBV contract, copying HUDthrough RAD@hud.gov.The owner must make the request to the administering PHA at least 120 days, but no more than12 months, prior to the date of expiration of the HAP contract. Where the contract expiration hasnot occurred as of the effective date of this Notice, but will occur prior to 120 days following thedate of issuance of this Notice, and EVs have not been issued to residents pursuant to an owner’sdecision not to renew the Mod Rehab HAP contract, the PHA and the owner may enter into ashort term Mod Rehab renewal contract for the period necessary to pursue the conversion toPBV assistance under this Section of the Notice.The administering PHA has 15 days to consent or decline the owner’s preliminary request. If thePHA consents to the preliminary request, the owner may proceed with household notification(paragraph B under this Section). If the PHA declines the owner’s request, the owner may notproceed with household notification and the PHA must submit to the owner and HUD (atRAD@hud.gov), a letter describing its reasons for its decision to decline the request. Suchreasons may include lack of capacity to administer a PBV program, inconsistency with PHAplan, or other reasons. HUD will, in a timely manner, make a reasonable effort to find a PHAwith operational jurisdiction interested in entering into a PBV contract with the owner foreligible units at the project, taking into account the reasons why the original administeringagency declined.B. Household Notification and CommentFor prospective conversions, the owner is required to notify residents in writing of its request forPBV assistance in lieu of the provision of EV assistance to eligible families (see Attachment2A). The administering PHA must schedule resident briefings in order to fully inform residentsof the PBV program rules, including the statutory Choice-Mobility option. Residents must havethe opportunity to comment on the owner’s request. In accordance with 24 CFR § 8.6, Title VI,Executive Order 13166 and HUD’s Limited English Proficiency Guidance, published in theFederal Register on February 16, 2007 (72 FR 2732), the meetings and materials should includeaccessible communications for persons with disabilities and language assistance to persons withlimited English proficiency. The PHA must take these resident comments into consideration andfollow the requirements outlined below.1. The notification letter, which must include the date and time of the PHA’s residentbriefings, must be delivered to all project residents, including each Mod Rehab-assistedhousehold, as well as posted in the project office or other common area, the PHA’soffice, and at no fewer than three prominent locations on the project site.2. The notification letter must include a description of the anticipated contract expiration,the date of the expiration, the units that are affected by the expiration of the contract, andPIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 109
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