• Demolition/Disposition - removal of public housing units from the public housing stock by razing, sale or lease (in whole or part).
  • RAD/Section 18 Blends
• De Minimis Demolition - demolition of not more than the lesser of 5 dwelling units or 5 percent of a PHA’s total public housing dwelling units in a 5-year period (no HUD approval required).
• Eminent Domain - the taking of public housing property for a public use.
• Homeownership - sale of public housing units to public housing residents or public housing eligible residents.
• Conversion - the conversion of a development to tenant-based assistance.
  • Required Conversion
  • Voluntary Conversion
  • Streamlined Voluntary Conversion
• Retentions - the ability of PHAs to retain certain public housing property free from public housing use restrictions in accordance with the requirements of 2 CFR part 200.

• PIH 2021-07 (HA) - Demolition and/or disposition of public housing property, eligibility for tenant-protection vouchers, and associated requirements
• PIH Notice 2020-23: Use of Proceeds under Section 18 Disposition or Section 22 Voluntary Conversion
• PIH Notice 2019-10: Required Conversion Notice
• PIH 2019-05: Streamlined Voluntary Conversion Notice
• PIH 2018-04: Demolition and/or disposition of public housing property, eligibility for tenant-protection vouchers and associated requirements.
• PIH Notice 2017-24: Guidance on Third-Party Agreements Encumbering Public Housing Property
• PIH Notice 2016-20: Requirements Related to Retaining Public Housing Property under 2 CFR part 200
• PIH Notice 2012-8: Eminent Domain Requirements

• PIH Notice 2020-19: Rent Reasonableness—Defining Assisted Units for the Housing Choice Voucher and Project-Based Voucher Programs
• PIH 2021-10 and PIH 2018-09: Fiscal Year HCV Funding Provisions. Explains requirements related to Section 8 housing choice vouchers (known as Tenant Protection Vouchers (TPVs) which PHAs may be eligible to receive based on certain unit removals processed by the SAC
• PIH 2019-23, H 2019-09 REV-4: Rental Assistance Demonstration – Final Implementation, Revision 4
• PIH 2019-14 (HA): Declaration of Trust (DOT) and Annual Contributions Contract (ACC) requirements.
• PIH 2019-13: Explains Public Housing Closeout Requirements
• PIH Notice 2016-22: Environmental Review Requirements for PHAs
• PIH 2017-21: Implementation Guidance: Housing Opportunity Through Modernization Act of 2016 (HOTMA) - Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) Provisions
• PIH 2021-37: Guidance on Eligibility for Asset-Repositioning Fee (ARF)

(NEW) SAC Actions and Environmental Reviews

All SAC actions (Section 18, Section 22, Section 33, Section 32, Part 200 retentions, and Settlement Agreements for Eminent Domain) require environmental clearance through an environmental reviews (ER) before HUD will approve the action and release the Declaration of Trust (DOT).

• Environmental clearance means HUD’s provision of an Authority to Use Grant Funds (AUGF) following approval by the Responsible Entity (RE) of an ER conducted under 24 CFR part 58 and submission of a Request for Release of Funds/Certification (RROF/C), or final approval from a HUD Approving Official of an ER conducted under 24 CFR part 50. (See PIH Notice 2016-22.) PHAs are responsible for providing the RE or local Office of Public Housing (Field Office) with a full description of the activities in connection with the demolition and/or disposition (including relocation, known future use of the site, use of disposition proceeds) to comply with aggregation requirements. The site re-use is not limited to future actions by the PHA, but includes any future known re-use by future owners.
• ERs must be conducted within the past five years and must contemplate the same project description and scope as proposed as the future use in the SAC application. However, SAC strongly encourages PHAs to have the ER conducted within one year prior to submission of the SAC application, to ensure it fully captures the planned future use and current condition of the property.
• The ER must be completed PRIOR to the submission of the SAC application in IMS/PIC unless the demolition or disposition meets the emergency requirements stated in 58.33 (i.e., there is a Presidentially or locally declared disaster and an immediate need for the proposed action to protect the public safety). In this instance, 24 CFR 58.33 allows for a Notice of Intent to Request Release of Funds (NOI-RROF) and FONSI to be published simultaneously with the submission of the RROF/C 7015.15 to HUD. If the project meets requirements of 24 CFR 58.33, the public comment period and objection period can be held concurrently over one 15-day period. The public notice must state that the public comment and objection periods have been combined. All comments must be submitted to both the RE and HUD. In this case, the RE publishes the public notice AND submits the RROF/C simultaneously. Then the 15-day comment and objection periods are held concurrently, followed by HUD’s approval of the RROF (by issuing the AUGF)(added this to stay consistent with the description above). On a case-by-case basis, if there are timing issues related to the need to obtain HUD approval of the SAC application (i.e., LIHTC closing deadline), SAC may allow a PHA to submit a SAC application during the public comment for the FONSI notice, so that SAC can begin its review of the application. SAC may also allow a PHA to submit an (incomplete) SAC application (i.e., an application without completion of the ER) in order to secure Emergency Tenant Protection Vouchers (TPVs) and issue the families tenant-based HCV assistance. (See Appropriations language for TPVs in PIH Notice 2021-10.) Please contact SACTA@hud.gov.

If the scope/project changes to the extent that it is materially different from what is in the SAC approval, pursuant to 24 CFR 970.7(b), the PHA is required to request that the SAC approval reflect this change (generally through the request for a rescission of the current SAC approval under 24 CFR 970.7(b) and the submission of a new SAC application (but may be able to be processed through an amendment, on a case-by-case basis). If a new SAC application is submitted, it will require a new ER or reevaluation of the original ER, pursuant to 24 CFR 970.13. The ER requirements for the new application may be able to be satisfied through a re-evaluation by the RE of the ER completed with the previous SAC application. It is up to the RE to make the determination as to whether a new ER is required (based on the updated project description, project scope, and environmental conditions, refer to 24 CFR 58.47 for a complete description of the reevaluation criteria). If a new review is required, the RE may choose to use the past ER to guide completion of the new ER. If the PHA delays the approved Section 18 demolition or disposition and continues to operate a public housing project in accordance with public housing requirements, the project is subject to the normal environmental requirements for public housing property. (See PIH Notice 2016-22.)

Note also that if the property will be operated as a federally assisted project (e.g., PBV) following disposition, that would generally require a separate ER (unless both the disposition and PBV use are contemplated in the same ER and the ER completed satisfies the requirements of both programs). 

See also “ Public Housing Repositioning: Wednesday Webinar Series - Environmental Review Procedures”