RESPONSE TO PUBLIC COMMENTS: PIH NOTICE 2012-18 ... - HUD

Response to Public Comments: PIH Notice 2012-184. A commenter stated that HUD should not, as under current rules, require both UniformPhysical Condition Standards (UPCS) and Housing Quality Standards (HQS) inspections forproperties converted to PBVs when the PHA is both the owner and contract administrator.HUD response: The final notice removes the proposed additional requirement that publichousing conversions to PBVs be subject to UPCS inspections.5. Commenters stated that HUD should not reserve the right to waive the de-concentrationrequirements under 24 CFR §§ 983.57(b)(1) and (c). Instead, the final notice should providea blanket waiver.HUD response: The final notice adds a blanket waiver of the de-concentration requirementfor all conversions to PBVs under the first component of RAD. However, under the secondcomponent of RAD, concerning the project-basing of tenant protection vouchers for the RentSupp, RAP and Mod Rehab programs, HUD reserves the right to assess the impact of theproposed RAD conversion on de-concentration of poverty when a RAD conversion wouldresult in an increase in the number of units receiving project-based rental assistance.6. A commenter suggested HUD provide a blackline for 24 CFR parts 982 and 983 like itprovided for Part 880.HUD response: HUD will post a blackline of 24 CFR parts 982 and 983 on the RAD website.7. HUD is providing the following additional clarifications regarding PBV conversions basedon comments:In the case of combined agencies, unless it chooses otherwise, the PHA will serve as thecontract administrator for any public housing that it converts to PBVs.All projects converting to PBV under the second component must, by statute, meet HQSin order to receive PBV assistance. HUD cannot waive this requirement.Under the second component of the demonstration, enhanced voucher rents are notpermitted when converting to PBVs. Rents will be established according to normal PBVprogram rules, i.e., rents may not exceed 110% of the fair market rent (FMR) (orapplicable Exception Rent Payment Standard), minus any utility allowance.Current residents are exempted from the PBV requirement that new admissions haveincomes below 50% of area median income.C. Statutory Authority1. Commenters wanted to know the statutory authority for various aspects of RAD, includingChoice-Mobility.HUD response: HUD has broad authority under the RAD statute to “waive or specifyalternative requirements for . . . any provision of section 8(o)(13) or any provision thatgoverns the use of assistance from which a property is converted under the demonstration or6