11

Kathy SzybistSpecial Applications Center

(SAC)U.S. Department of HUD

Demolitions & Dispositions of Public Housing

Relocation Requirements under Section 18 of the U.S. Housing Act of

1937

22

What is Section 18

Refers to Section 18 of the US Housing Act of 1937

Amended by the Quality Housing and Work Responsibility Act (QHWRA) of 1998

33

Section 18 (USHA of 1937)

S18 governs: dispositions of PH demolitions of PH (NOT HOPE VI)

S18 relocation requirements: HUD regulation (24 CFR 970) exempt from URA 104(d) may be triggered

CDBG, HOME, UDAG

4

NOT Subject to Section 18

Consolidation of Occupancy (24 CFR 970.25) “De minimis” demolition (24 CFR 970.27) Section 32 homeownership (24 CFR 906.23 and 24) Section 33 required conversions (24 CFR 972.130) Section 22 voluntary conversions (24 CFR 972.230) Eminent Domain takings (PIH Notice 2009-01)

Modernization or Development with Cap Funds (S9) HOPE VI demolition

55

24 CFR 970970.7(a): Submission Requirements &

Offer of Comparable Housing 970.21 (b): In-Place Tenants 970.21 (c): Financial Resources970.21 (d): Relocation Time-table970.21 (e): 90-day Notice970.21 (f): Other Plan Requirements970.21 (g): URA N/A970.25: Actions Prior to Approval970.35: Reports & Records

66

Inventory Removals Application

HUD-52860 (via PIC) # days after approval begin/complete

relocation # units occupied (explain vacancies) # individuals impacted description of comparable housing description of counseling/advising services relocation costs source of funds certification

77

Comparable Housing (CH)

must offer CH to all displaced residents housing quality standards (HQS)

24 CFR 982.104 not less desirable location

generally same neighborhood (resident preference; no steering)

nondiscriminatory Affirmatively further FH (PHA Plan) reasonable accommodation

88

Comparable Housing (CH)

May Include:Public Housing (ACC) unit;S8 tenant-based assistance

actual relocation required S8 project-based assistance; or

99

Comparable Housing (CH)

Resources for CH: Vacant PH units PH units vacated at turnover Units in project-based S8 buildings S8 vouchers ( turnover or “churn” rate)

Administrative Plan must include preference

Future allocation of S8 vouchers Separate application to HUD

1010

Comparable Housing (CH)

Offer of Existing Unit as CH If PH will be used as low-income

housing after disposition, PHA may offer resident existing unit as:

S8 project-based unit S8 tenant-based unit

Tenant may choose to move (at PHA’s expense)

90-day Notice still applies

11

Timing of Relocation

Relocation Prior to HUD-Approval Prohibited if due to demo/dispo NO “voluntary” early moves Occupancy Consolidation

Exception Occupancy Planning OK

Relocation After HUD-Approval Must 1st provide 90-Day Notice

12

90-Day Notice to Vacate

DEMO/DISPO of PROJECT DEMO/DISPO COMMENCEMENT COMPARABLE HOUSING OFFER RELOCATION & MOVING COSTS COUNSELING

13

Timing of Demo/Dispo

Cannot begin demolition or complete disposition until residents are actually relocated

14

Relocation Costs

Section 18: “Actual & Reasonable” PHA has discretion Models: URA & 104(d) EXAMPLE: Security Deposit

Assistance Maybe. URA does not allow 104(d) allows

14

1515

Recordkeeping and Reporting

Relocation Expenses Report actual amounts in financial

statement 24 CFR 970.35(a)(4)

Monitoring of Relocation Implementation Discretion of HUD FO 24 CFR 970.35(a)(5)

16

Relocations for other Public Housing Removal Actions

Section 32 Homeownership (24 CFR 906.23 and 24) PH residents: 24 CFR 906.23 Non-PH residents: URA

Section 33 Required Conversion (24 CFR 972.130) If Demo, S18 does not apply. URA applies. If development is used as housing after conversion,

residents may choose to remain in unit using HCV Section 22 Voluntary Conversion (24 CFR 972.230)

If development is used as housing after conversion, residents may choose to remain in unit using HCV

16

1717

References

HUD Relocation Handbook (under revision)

HUD SAC Web-Page: www.hud.gov/sac

HUD Relocation Web-Page: www.hud.gov/relocation

1818

Technical Assistance

Special Applications Center (SAC): Director: Ainars Rodins

ainars.rodins@hud.gov 312-913-8766

Deputy Director: Tammy Gray tamara.gray@hud.gov 312-913-8306

Program Analyst: Kathy Szybist kathleen.szybist@hud.gov 312-913-8097

HUD PIH Field Office HUD Regional Relocation Specialist

www.hud.gov/offices/cpd/library/relocation/contacts

19

Questions ?