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

Section III: Rent Supplement and Rental Assistance Payment ProjectsIn addition, HUD has the authority to waive or alter the provisions of sections 8(o)(13)(C) and(D) of the Act, governing the cap on the number of PBV units in each project and the PBV goalsof deconcentrating poverty and expanding housing and economic opportunities, respectively.Accordingly, for properties converting their assistance under Sections 3.6 and 3.7 of this Notice,HUD is making the following changes to the regulations implementing these two statutoryprovisions:A. Cap on the Number of PBV Units in Each Project, 24 CFR § 983.56(a). The 25 percentlimitation on the number of units that may receive PBV assistance in a project is increased to50 percent. An assisted household cannot be involuntarily displaced as a result of thisprovision, i.e., eligible assisted households in units that exceed the cap would be providedwith tenant-based vouchers, which they may use to remain at the project or move to a newunit. 100An owner may still project-base 100 percent of the units provided at least 50 percent of theunits at the project qualify for the exceptions for elderly, disabled, or families receivingsupportive services, or are within single-family properties. For applicable program rules forcomplying with the supportive services exemption, see 24 CFR § 983.56(b)(2)(II)(B). 101 Anowner that wishes to include more than 50 percent of the units at the property under the PBVHAP contract pursuant to the supportive service exception should work closely with theadministering PHA to ensure proper implementation of the requirement.For purposes of RAD, the requirement that a household must actually receive services toreside in the excepted unit has been modified. Households living in units subject to aproposed RAD conversion must be given the option to receive supportive services. If suchservices are declined by the household, the unit shall remain under the HAP contract, thehousehold shall not be terminated from the PBV program, and the decision to decline anoffer to receive supportive services shall not represent a ground for lease termination. Oncethe initial household residing in the excepted unit under RAD vacates such unit, all PBVprogram requirements related to the required receipt of supportive services shall apply inaccordance with 24 CFR§§ 983.56, 983.257(c), 983.261(a) and (d).100 Residents may, however, be temporarily relocated to facilitate rehabilitation or conversion. In such cases, anyresident that may need to move out of the project to facilitate rehabilitation or construction will have a right toreturn.101 It is not required that the services be provided at or by the project (a third-party organization may provide thesupportive services).PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 128