IMPACTS OF COVID-19 ON RESIDENT CONSULTATION
- Section 18 Resident Consultation remote or online meetings already permitted.
- Section 22 Significant Resident Participation in development of VC Plan. Public meeting(s) required.
- Alternative Communications (teleconference calls, flyers/notices, resident letters, one-on-one meetings, online materials, surveys, etc.)*
*Flyers and notices should not be the only form of communication for resident consultation.
Overwhelmed with HUD terms?
Did your Public Housing Authority (PHA) tell you they want to reposition the public housing that you live in?
Common questions for PHAs:
- PHAs should explain the type of repositioning application that is being proposed (Section 18/ Demolition/ Disposition/RAD /Homeownership/ Conversion) See HUD SAC repositioning application types explained below.
- PHAs should explain how your rent will or will not be affected.
- PHAs should explain what your relocation options are i.e., other public housing, Section 8 (Tenant Protection Voucher/Housing Choice Voucher/tenant-based voucher/project-based voucher), etc.
- PHAs should explain which HUD supportive services you are eligible to continue receiving after repositioning.
- Some sample questions to ask your PHA during the resident consultation process:
- What are my relocation options? Where can I move to? Do I have the right to return to the property after rehab/redevelopment?
- What is the timeline for this proposed project?
- Will my rent be affected?
- What supportive HUD services can I continue to receive (FSS, ROSS, Jobs Plus, etc.)?
- Can the residents buy the property?
- “Repositioning” means your public housing agency (PHA) is moving one or more public housing units out of the public housing program. Tenants will receive replacement housing, subject to the specific requirements of the program, which may be in the form of project-based or tenant-based assistance. PHAs and local communities may reposition their units using three primary options:
- Each repositioning tool provides residents with different options and PHAs with different requirements related to resident relocation. HUD highly recommends that residents review these notices to understand their choices and if questions remain, reach out to your local HUD field office for answers. Additionally, your PHA is required to explain which repositioning tool is under consideration so residents can understand their options.
- RAD stands for Rental Assistance Demonstration. RAD is a tool developed by the U.S. Department of Housing and Urban Development (HUD) to address living conditions in public housing properties. RAD allows public housing authorities to “convert” public housing subsidy into a Section 8 subsidy that is tied to the property that was formerly Section 9 public housing. Learn More Here >
- Relocation Under RAD: If the conversion results in no relocation, residents have a right to remain at the property without rescreening. If there is need for relocation due to construction, they have a right to return, again with no rescreening. Residents are also entitled to other rights and protections, including consultation, enhanced relocation protections, lease and grievance protections, and the right to organize.
- ROSS under RAD: Federal law restricts ROSS to public housing or units repositioned through RAD. If the PHA repositions under RAD it is possible for public housing residents to continue to receive ROSS community and supportive services for public housing.
- Section 18 of the U.S. Housing Act of 1937 (as amended in 1998) removes the 1 for 1 public housing replacement requirement and provides broad authority to Public Housing Agencies (PHAs) to demolish or dispose (i.e., get rid of) of public housing, it is commonly known as “demo/dispo”.
- Public housing units are removed from the Annual Contributions Contract (ACC) and the PIH Information Center (PIC).
- Tenant Protection Vouchers (TPVs) are issued to families.
- Under Section 18, PHAs can…
- Preserve the asset by:
- Rehabilitate with other financing (e.g., tax credits)
- Project based TPVs at site (as Project-Based Vouchers)
- Dispose of the asset in open market:
- Asset beyond repair or in undesirable location
- Generate proceeds to develop other low-income housing
- Provide residents with TPVs (tenant-based assistance)
- Other objectives: Exit public housing program
- Preserve the asset by:
- Yes, the PHA must always notify and consult with residents about repositioning. Here are the requirements for notifying residents for each repositioning type.
Section 18 >
RAD Information Notice (RIN)
2 resident meetings*
PHA submits resident comments and PHA responses with application
PHA must update Annual PHA Plan or issue a Plan Amendment
PHA conducts at least one more resident meeting
At least 1 meeting after concept call and before FP submission
After HUD Approval:
90 Day Notice before relocation
PHA must update Annual PHA Plan or issue a Plan Amendment
Significant Resident participation in the Planning process
After HUD Approval:
90 Day Notice before relocation (or General Information Notice if Uniform Relocation Act applies)
Tenant Briefing (if unit is PBV
*Not combined with annual plan consultation with residents, should be a separate meeting
- The Special Applications Center (SAC) supports the nation’s public housing authorities (PHA) in their desire to provide a better housing stock for their residents by means of technical assistance and obtaining approval of their plans.
- The SAC reviews, processes, and approves non-funded, non-competitive applications related to Demolition/Disposition, Eminent Domain, Homeownership, and Conversion.
- The SAC also provides technical assistance and training to Public Housing Hub Offices and Program Centers, as well as to PHAs, residents, and industry groups, with regard to the completion of these non-funded, non-competitive applications and the monitoring of activities related to these applications.
- Under 24 CFR 970.9(b), in the situation where the PHA applies to dispose of a development or portion of a development, the PHA is required to offer to sell the property to any eligible resident organization. There are certain circumstances where this requirement does not apply. See 24 CFR 970.9(b) for more information.
- Tenant-based HCV assistance means that your assistance follows you and is not tied to a specific unit. You get to choose a unit in the private rental market where the landlord is willing to accept the voucher and if the unit meets certain requirements (including that the rent for the unit is reasonable and that it meets HUD’s housing quality standards). You may be able to use your HCV for your current unit. You can use the assistance anywhere in the United States within the jurisdiction of a PHA that runs an HCV program (this is called portability). In some cases, you may need to wait a year before you can use portability. Find out more about HCVs.
- PBV assistance means that vouchers are attached to specific units in a building. The voucher stays with the unit even after a tenant moves out. If you live in a PBV unit, you have a right to request tenant-based rental assistance after the first year of occupancy, but you may have to wait for the tenant-based assistance to become available. Tenant-based rental assistance is typically a tenant-based HCV (see question 2), but it may also be another form of comparable tenant-based rental assistance, such as a State or local tenant-based rental assistance program. Once you get tenant-based assistance, you may move to a unit of your choice. Find out more about PBVs.
- Tenant Protection Vouchers (TPVs) are provided to protect HUD-assisted families from hardship as the result of a variety of actions that occur in HUD’s Public Housing (Low-Rent), the Multifamily Housing portfolios, and Moderate Rehabilitation properties. Under current HUD policy, TPVs may also be issued in connection to such actions for vacant units that have been occupied by a HUD-assisted family in the past 24 months. When a PHA repositions a public housing unit, if that unit has been occupied by a HUD-assisted family in the past 24 months, the PHA can apply for either a Replacement or Relocation TPV depending on the scenario.
- Replacement TPVs become part of the Public Housing Agency (PHA’s) Housing Choice Voucher (HCV) program and may be reissued to families on the PHA’s waiting list upon turnover.
- Relocation TPVs may not be reissued by the PHA after the initial family that received the TPV ceases to receive the voucher assistance. Whether a TPV is a replacement or relocation TPV depends on whether the HUD-assisted housing is permanently lost.
- Yes. PHAs must notify the public at a hearing and/or describe their repositioning in a PHA Plan if required. PHAs’ Boards of Commissioners must approve the repositioning. If you want to attend the public board meeting, ask your property manager, or check your PHA’s website for the board agendas. Residents are encouraged to attend and participate. If your PHA has a Resident Board Member, this person may be a good contact with whom to share your concerns.
- Yes. Before your PHA applies for SVC or Section 18, your PHA must consult impacted residents, any Resident Council, and the Resident Advisory Board. Your PHA must have a meaningful way to consult with residents, such as in-person or virtual meetings. During this consultation, you can learn about the plans, ask questions, express concerns, and provide written comments. The PHA submits tenant comments with responses to HUD. For SVC, an added requirement is that your PHA must hold at least one meeting with residents of each site (and any Resident Council). At the meeting, your PHA must explain SVC requirements and distribute a draft SVC plan.
- Yes. Under Section 18 and SVC, your current Public Housing lease will end and your PHA must offer you comparable housing assistance, possibly as a Section 8 Housing Choice Voucher (HCV) or a Project-Based Voucher (PBV). Comparable housing may also be a public housing unit at a different location or another property where the rent is comparable to your current rent. If the public housing property is repositioned using SVC and remains as rental housing after repositioning, a voucher under the HCV Program becomes your assistance if you are eligible. You have the right to use your HCV to stay in your unit or move off-site. If you are not eligible for HCV assistance, the PHA must offer you comparable housing.
- Public Housing residents will sign a new lease when the public housing property is repositioned. Learn more with Section 8 HCV Fact Sheet.
- A comparable replacement home is:
- Decent, safe, and sanitary.
- Functionally equivalent to (and equal or better than) your present home.
- Actually available for you to rent.
- Reasonably accessible to your place of employment.
- Generally as well located with respect to public and commercial facilities, such as schools and shopping, as your present home.
- Not subject to unreasonable adverse environmental conditions.
- Available to all persons regardless of race, color, religion, sex, or national origin.
- Section 8 tenant-based HCV assistance (mobility option) (portability possible, pending moving costs)*
- Project based assistance (Section 8 PBV/PBRA or Public Housing)**
- Unit operated or assisted by the PHA at comparable rental rate.
*HUD provides Tenant Protection Vouchers (TPVs) (Section 8) as relocation resource. If PHA receives TPVs, PHA must offer them to eligible residents.
**The same unit can be offered as HCV comparable housing, provided it meets HQS. If future rehab will result in temporary relocation, the PHA must plan for this. Families must be fully protected at same rent.
- Learn more about Public Housing Relocation/Replacement.
- Maybe. It depends on the repositioning plan that is approved by HUD. The answer depends on several factors including the type of repositioning, whether units are in good condition, and how the property will be used after repositioning. You may have to move temporarily if the property is renovated. If you are required to move, your PHA must give you at least 90 days advance notice, counseling and offer you comparable housing. In most cases, your PHA pays actual, reasonable moving expenses if you are required to move. Persons with disabilities can request reasonable accommodations within the comparable housing offered and for assistance with moving.
- In most cases your rent will not increase. Individuals who were previously paying a flat rent as a Public Housing resident may experience a rent increase because Section 8 rents are income-based. Generally, you will not pay more than 30 percent of your monthly adjusted income in rent. You can request for your PHA to explain changes in the rent you pay.
- The PHA that will issue you the voucher will rescreen you to determine your eligibility under HCV/PBV program requirements. If you are determined ineligible under voucher requirements, the PHA must still offer you another form of comparable housing. Examples of other types of comparable housing are another public housing unit, PHA-owned units that receive a state subsidy, and/or PHA-operated units that receive no federal or state/local subsidy but are rent-controlled.
- An eligible family that has been issued a housing choice voucher may use that voucher to lease a unit anywhere in the United States where there is a housing agency operating a HCV Program.
- Depending on your PHA’s policies, you could be denied admission to the HCV/PBV program if your family owes rent or other amounts to the public housing program. Regardless, the PHA must still offer you another form of comparable housing. As mentioned previously, examples of other types of comparable housing are another public housing unit, PHA-owned units that receive a state subsidy, and/or PHA-operated units that receive no federal or state/local subsidy but are rent-controlled.
- Public Housing Resident Opportunities and Self-Sufficiency (ROSS) program: Unless you transfer to another public housing unit that is served by ROSS or your building is part of a RAD conversion, you lose access to ROSS after repositioning because federal law restricts ROSS to public housing or units repositioned through RAD. However, all Section 8 voucher participants are eligible for the Family Self-Sufficiency (FSS) program, regardless of any repositioning, if the PHA currently operates a FSS program. Additional information on both programs can be found here: https://www.hud.gov/sites/dfiles/PIH/documents/CSS%20Matrix.pdf and https://www.hud.gov/sites/documents/FSSFACTSHEET_FEB2016.PDF.
- FSS: After Repositioning and the resident receives project-based or tenant-based assistance, they may continue to receive FSS. PHAs run a global FSS program for both public housing and housing choice voucher. PBV is under the HCV program, so PBV residents have always been eligible for FSS.
- The PHA must consult with residents prior to repositioning application and prior to a signed Board Resolution.
- The PHA must offer you comparable housing.
- Resident provisions differ between RAD and Section 18 or SVC repositioning options:
Resident Provisions under RAD
Resident Provisions under Section 18 / SVC
- Additional SAC FAQs
- Asset Repositioning: An Introduction (13 minutes) (YouTube)
- Check out the HUD Exchange Training Video Regarding Public Housing Repositioning, this training video gives a good overview for residents throughout the repositioning process:
- HCV Fact Sheet
- HUD Legal Services: General Counsel
- Public Housing Relocation/Replacement
- Relocation requirements for public housing repositioning, see 24 CFR 970.21
- Repositioning for Residents Document (Sept 2020)
- Resident consultation, see requirements under Section 18 of the Housing Act of 1937 and 24 CFR 970
- Residents Rights & Responsibilities under Section 8
- ROSS and FSS after repositioning information
- Section 18/Demolition/Disposition
- Special Applications Center
- Tenant-Protection Vouchers FAQs for PHAs
- Types of Public Housing Repositioning