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

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Section I: Public Housing ProjectsB. Be classified as a Standard or High Performer under the Public Housing Assessment System(PHAS), or, if classified as ―troubled‖ (Troubled), the PHA must be making substantialprogress under its Recovery Agreement, Action Plan, Corrective Action Plan (CAP) orMemorandum of Agreement (MOA) and HUD must have determined that the factorsresulting in the PHA’s Troubled status will not affect its capacity to carry out a successfulconversion under this Demonstration;C. Be classified as a Standard or High Performer under the Section Eight ManagementAssessment Program (SEMAP) if the PHA will be administering the PBV contract underRAD. If classified as Troubled, the PHA must be making substantial progress under theCAP and HUD must have determined that the factors resulting in the PHA’s Troubled statuswill not affect its capacity to carry out a successful conversion under this Demonstration;D. Be otherwise in substantial compliance with HUD reporting and programmatic requirementsand/or satisfactorily in compliance with any CAP or MOA related to any program finding ordeficiency;E. Not have debarments, suspensions, or Limited Denials of Participation in Federal programslodged against the applicant, PHA Executive Director, Board members, or affiliates;F. Submit a completed application that complies with all RAD Application instructions; andG. Be in compliance with all fair housing and civil rights requirements at 24 CFR §5.105(a) andnot, without resolving any of the following to HUD’s satisfaction, have any of the charges,cause determinations, 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 lawPIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 16
Section I: Public Housing Projectsproscribing 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, or letter offindings taken before the deadline are sufficient to resolve the matter. Examples of actionsthat would normally be considered sufficient to resolve the matter include, but are not limitedto:Current compliance with a voluntary compliance agreement (VCA) signed by all theparties;Current compliance with a HUD-approved conciliation agreement signed by all theparties;Current compliance with a conciliation agreement signed by all the parties andapproved by the state governmental or local administrative agency with jurisdictionover the matter;Current compliance with a consent order or consent decree; orCurrent compliance with a final judicial ruling or administrative ruling or decision.While only PHAs may apply under this section of the Notice, PHAs may consider enlistingpartners to facilitate recapitalization and development of their projects. Additionally, whilepublic housing mixed-finance projects are eligible for conversion under the Demonstration (seeSection 1.11(B) of this Notice), the application for conversion of assistance must be submitted bythe PHA on whose ACC the units are included. 41.4 Rehabilitation and Financing ConsiderationsAs one of the main purposes of RAD is to demonstrate how the conversion of current assistanceto two different forms of long-term, project-based Section 8 rental assistance contracts cangenerate access to private debt and equity to address immediate and long-term capital needsthrough rehabilitation, eligible applicants and their development partners are encouraged to4 This requirement also applies to directly-funded Resident Management Corporations (RMCs).PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 17
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Attachment 1B - Resident Provisions
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Attachment 1C - Calculation of HAP
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Attachment 1C - Calculation of HAP
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Section II: Moderate Rehabilitation
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Section III: Rent Supplement and Re
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Attachment 3A - Sample Notification
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Appendix I - 24 CFR Part 880 Regula
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Appendix III- PBRA Site and Neighbo
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