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

More documents

Recommendations

Info

Section I: Public Housing Projectsa. Termination Notification. HUD is incorporating additional terminationnotification requirements to comply with section 6 of the Act for public housingprojects converting assistance under RAD, that supplement notificationrequirements in regulations at 24 CFR § 880.607 and the Multifamily HUDModel Lease.i. Termination of Tenancy and Assistance. The termination procedure for RADconversions to PBRA will additionally require that PHAs (as owners)provide adequate written notice of termination of the lease which shall not beless than:A reasonable period of time, but not to exceed 30 days:o If the health or safety of other tenants, owner employees, orpersons residing in the immediate vicinity of the premises isthreatened; oro In the event of any drug-related or violent criminal activity orany felony conviction; or14 days in the case of nonpayment of rent.ii. Termination of Assistance. In all other cases, the requirements at 24 CFR §880.603, the Multifamily HUD Model Lease, and any other HUDmultifamily administrative guidance shall apply.b. Grievance Process. In addition to program rules that require that tenants aregiven notice of covered actions under 24 CFR Part 245 (including increases inrent, conversions of a project from project-paid utilities to tenant-paid utilities, ora reduction in tenant paid utility allowances), HUD is incorporating residentprocedural rights to comply with the requirements of section 6 of the Act. RADwill require that:i. Residents be provided with notice of the specific grounds of the proposedowner adverse action, as well as their right to an informal hearing with thePHA (as owner);ii. Residents will have an opportunity for an informal hearing with animpartial member of PHA’s staff (as owner) within a reasonable period oftime;iii. Residents will have the opportunity to be represented by another person oftheir choice, to ask questions of witnesses, have others make statements atthe hearing, and to examine any regulations and any evidence relied uponby the owner as the basis for the adverse action. With reasonable notice tothe PHA (as owner), prior to hearing and at the residents’ own cost,PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 42
Section I: Public Housing Projectsresident may copy any documents or records related to the proposedadverse action; andiv. PHAs (as owners) provide the resident with a written decision within areasonable period of time stating the grounds for the adverse action, and theevidence the PHA (as owner) relied on as the basis for the adverse action.The PHA (as owner) will be bound by decisions from these hearings, except ifthe:i. Hearing concerns a matter that exceeds the authority of the impartial partyconducting the hearing.ii. Decision is contrary to HUD regulations or requirements, or otherwisecontrary to federal, State, or local law.If the PHA (as owner) determines that it is not bound by a hearing decision, thePHA must promptly notify the resident of this determination, and of the reasonsfor the determination.C. PBRA: Other Miscellaneous Provisions1. Access to Records, including Requests for Information Related to Evaluation ofDemonstration. PHAs must agree to any reasonable HUD request for data to supportprogram evaluation, including but not limited to project financial statements, operatingdata, Choice-Mobility utilization, and rehabilitation work.2. Davis-Bacon Act and Section 3 of the Housing and Urban Development Act of 1968(Section 3). The Davis-Bacon Act (prevailing wages, the Contract Work Hours andSafety Standards Act, and other related regulations, rules, and requirements) and Section3 (24 CFR Part 135) apply to all initial repairs that are identified in the Financing Plan tothe extent that such repairs qualify as construction or rehabilitation. (The Davis-BaconAct only applies for projects with nine or more units.)3. Establishment of Waiting List. In establishing the waiting list for the converted project,the PHA shall utilize the project-specific waiting list that existed at the time ofconversion.If a project-specific waiting list for the project does not exist, the PHA shall establish awaiting list in accordance 24 CFR § 903.7(b)(2)(ii)-(iv) to ensure that applicants on thePHA’s public housing community-wide waiting list have been offered placement on theconverted project’s initial waiting list. For the purpose of establishing the initial waitingPIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 43
Page 4 and 5: Program InstructionsPIH-2012-32 (HA
Page 11: DefinitionsOwnership or Control. Ap
Page 14 and 15: Section I: Public Housing ProjectsS
Page 16 and 17: Section I: Public Housing ProjectsB
Page 19: Section I: Public Housing ProjectsW
Page 23 and 24: Section I: Public Housing Projects1
Page 25: Section I: Public Housing ProjectsU
Page 28 and 29: Section I: Public Housing ProjectsF
Page 30 and 31: Section I: Public Housing Projectsa
Page 33: Section I: Public Housing ProjectsO
Page 36 and 37: Section I: Public Housing Projectsw
Page 38 and 39: Section I: Public Housing Projectst
Page 40 and 41: Section I: Public Housing Projectsl
Page 46 and 47: Section I: Public Housing ProjectsG
Page 52 and 53: Section I: Public Housing Projectsf
Page 54 and 55: Section I: Public Housing ProjectsA
Page 56 and 57: Section I: Public Housing Projects2
Page 60: Section I: Public Housing Projectsb
Page 63 and 64: Section I: Public Housing ProjectsR
Page 65 and 66: Attachment 1A - Conversion Document
Page 73 and 74: Attachment 1B - Resident Provisions
Page 79 and 80: Attachment 1C - Calculation of HAP
Page 81 and 82: Attachment 1C - Calculation of HAP
Page 83 and 84: Section II: Moderate Rehabilitation
Page 93 and 94:
Section II: Moderate Rehabilitation
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Attachment 2A - Sample Notification
Page 119 and 120:
Section III: Rent Supplement and Re
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Attachment 3A - Sample Notification
Page 145 and 146:
Appendix I - 24 CFR Part 880 Regula
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Appendix III- PBRA Site and Neighbo
show all

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

Create successful ePaper yourself

Delete template?

Save as template?