Section II: Moderate Rehabilitation Projects5. Distributions. Regardless of type of financing, converted projects will not be subject toany limitation on distributions, contingent on the availability of surplus cash asdetermined by year-end audited or certified financial statements. To implement thisprovision, HUD will not apply 24 CFR § 880.205, which, among other provisions,establishes certain limitations on distributions for profit-motivated owners and authorizesHUD to require the owner to establish a residual receipts account.6. Transfer of Assistance. Pursuant to the <strong>RAD</strong> statute, in order to facilitate the financing,development, and preservation of decent, safe, and affordable housing, with HUD andlender and/or investor approval, and after consultation with residents, an owner maytransfer part or all of a rental assistance contract and a <strong>RAD</strong> Use Agreement to unassistedunits. 79 HUD may only approve a transfer if the project is economically non-viable,physically obsolete, severely distressed, or uninhabitable due to unforeseencircumstances such as natural disasters, or the transfer is in the best interest of theproject’s residents. An owner may only request a transfer of assistance at conversion orafter 10 years from the effective date of the initial contract (unless a transfer is neededsooner as a result of a natural disaster). A project to which assistance is transferred issubject to all of the contract terms as described in the HAP, RCC, and Use Agreement, aswell as site and neighborhood standards specified in Appendix III and all applicable fairhousing and civil rights requirements (including, but not limited to, site selectionrequirements of the Fair Housing Act and Title VI of the Civil Rights Act of 1964,including implementing regulations at 24 CFR § 1.4(b)(3)).B. PBRA Resident Rights and Participation1. No Rescreening of Tenants upon Conversion. Pursuant to the <strong>RAD</strong> statute, atconversion, current households are not subject to rescreening. Consequently, currenthouseholds will be grandfathered for conditions that occurred prior to conversion but willbe subject to any ongoing eligibility requirements. For example, a unit with a householdthat was over-income at time of conversion would continue to be treated as an assistedunit. Thus, the first clause of section 8(c)(4) of the Act and 24 CFR § 880.603(b),concerning determination of eligibility and selection of tenants, will not apply for currenthouseholds. Once that remaining household moves out, the unit must be leased to aneligible family. .79 HUD’s fair housing and civil rights review of each request to transfer assistance will include, but not be limitedto, a review of: the site and neighborhood of the property receiving assistance; any change in the number and/orbedroom distribution of assisted units; and any change in the policies that govern eligibility, admission, selection,and occupancy of assisted units after the transfer of assistance, including any waiting list preferences that will beadopted after the transfer of assistance. If only part of the assistance will be transferred, HUD will also review thePHA’s or owner’s plan for transferring the waiting list and selecting households that will be transferred to the newsite.<strong>PIH</strong>-<strong>2012</strong>-<strong>32</strong> (HA) Rental Assistance Demonstration – Final Implementation 92
Section II: Moderate Rehabilitation Projects2. Right to Return. Any resident that may need to be temporarily relocated to facilitaterehabilitation or construction will have a right to return to the development oncerehabilitation or construction is completed.C. Other Miscellaneous Provisions1. Access to Records, including Requests for Information Related to Evaluation ofDemonstration. Owners 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. Mandatory Insurance Coverage. The project shall maintain at all times commerciallyavailable property and liability insurance to protect the project from financial loss and, tothe extent insurance proceeds permit, promptly restore, reconstruct, and/or repair anydamaged or destroyed property of a project, except with the written approval of HUD tothe contrary.3. Choice-Mobility. HUD seeks to provide all residents of covered projects with viableChoice-Mobility options. Owners that are applying to convert the assistance of a projectto PBRA are required to provide a Choice-Mobility option to residents of coveredprojects (through a PHA willing to provide vouchers to residents of covered projects) inaccordance with the following: 80a. Resident Eligibility Residents have a right to move with tenant-based rentalassistance (e.g., Housing Choice Voucher (HCV)) the later of (a) 24 months fromdate of execution of the HAP or (b) 24 months after the move-in date.b. Voucher Inventory Turnover Cap. Recognizing the limitation on the availabilityof turnover vouchers from year to year, the voucher agency would not berequired, in any year, to provide more than one-third of its turnover vouchers tothe residents of covered projects. While a voucher agency is not required toestablish a voucher inventory turnover cap, if implemented the voucher agencymust create and maintain a waiting list in the order in which the requests fromeligible households were received.c. Project Turnover Cap. Also recognizing the limited availability of turnovervouchers and the importance of managing turnover in the best interests of theproperty, in any year, an owner may limit the number of Choice-Mobility movesexercised by eligible tenants to 15 percent of the assisted units in the project. (Forexample, if the project has 100 assisted units, the owner could limit the number of80 The Choice-Mobility requirements that apply to covered PBRA projects differ from the requirements that apply tocovered PBV projects.<strong>PIH</strong>-<strong>2012</strong>-<strong>32</strong> (HA) Rental Assistance Demonstration – Final Implementation 93