Notice2021-19513
Rental Assistance Demonstration: Post-Conversion Replacement of Units Under a PBV Housing Assistance Payment Contract
Primary source
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Published
September 10, 2021
Effective
September 10, 2021
Issuing agencies
Housing and Urban Development Department
Abstract
This notice establishes the process by which assisted units under a Project Based Voucher (PBV) Section 8 Housing Assistance Payment (HAP) contract originally executed through a conversion under the Rental Assistance Demonstration (RAD) can be replaced in the event that the original units would be unavailable for occupancy due to a proposed demolition and reconstruction of the units, as a result of natural disaster, or other causes.
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50733-50734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19513]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6276-N-01]
Rental Assistance Demonstration: Post-Conversion Replacement of
Units Under a PBV Housing Assistance Payment Contract
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner and Office of the Assistant Secretary for Public and
Indian Housing, HUD.
ACTION: Notice.
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SUMMARY: This notice establishes the process by which assisted units
under a Project Based Voucher (PBV) Section 8 Housing Assistance
Payment (HAP) contract originally executed through a conversion under
the Rental Assistance Demonstration (RAD) can be replaced in the event
that the original units would be unavailable for occupancy due to a
proposed demolition and reconstruction of the units, as a result of
natural disaster, or other causes.
DATES: This notice is effective on September 10, 2021.
ADDRESSES: Interested persons are invited to submit questions or
comments electronically to <a href="/cdn-cgi/l/email-protection#e0928184a0889584ce878f96"><span class="__cf_email__" data-cfemail="1f6d7e7b5f776a7b31787069">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: To assure a timely response, please
direct requests for further information electronically to the email
address <a href="/cdn-cgi/l/email-protection#8ffdeeebcfe7faeba1e8e0f9"><span class="__cf_email__" data-cfemail="43312227032b36276d242c35">[email protected]</span></a>. Written requests may also be directed to the
following address: Office of Housing--Office of Recapitalization,
Department of Housing and Urban Development, 451 7th Street SW, Room
6230, Washington, DC 20410. The Office of Recapitalization phone number
is (202) 708-0001.
[[Page 50734]]
SUPPLEMENTARY INFORMATION:
1. Replacement of Units Under a PBV Section 8 Housing Assistance
Payment Contract
a. Background
The RAD statute \1\ authorizes the conversion of properties
assisted under the public housing program to assistance under project-
based Section 8 assistance in order to preserve and improve the
housing. The statute includes various provisions envisioning the long-
term preservation of the assisted units: HUD must require the
``substantial conversion of assistance,'' only permitting a de minimis
reduction in assisted units; properties must be placed under long-term
assistance contracts; upon expiration of the initial contract and any
renewal contract the public housing authority (PHA) shall offer and the
owner of the property shall accept renewal of the contract; a new Use
Agreement must be recorded on the land; and the assistance may be
transferred to a new site at or after conversion.
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\1\ Section 237 of Title II, Division L, Transportation, Housing
and Urban Development, and Related Agencies, of the Consolidated
Appropriations Act, 2012 (Pub. L. 112-74). The RAD statutory
requirements were amended by the Consolidated Appropriations Act,
2014 (Pub. L. 113-76, signed January 17, 2014), the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub. L. 113-235, signed
December 16, 2014), the Consolidated Appropriations Act, 2016 (Pub.
L. 114-113, signed December 18, 2015), the Consolidated
Appropriations Act, 2017 (Pub. L. 115-31, signed May 4, 2017), and
the Consolidated Appropriations Act, 2018 (Pub. L. 115-141, signed
March 23, 2018).
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b. When RAD Units Become Unavailable for Occupancy
In the event that the property placed under a RAD PBV HAP contract
through the conversion of assistance from public housing becomes
unavailable for occupancy, and in order to continue the effective
conversion of assistance of such properties, HUD finds it necessary to
facilitate the replacement of assisted units under new assistance
contracts under the same terms and conditions established in the
original RAD PBV HAP contract or any renewal contract. Notably, RAD
already includes a provision permitting the transfer of assistance to a
new site. By this notice, HUD is supplementing the provision to
transfer assistance by providing a mechanism for Public Housing
Agencies (PHAs) to enter into a RAD Interim Agreement and,
subsequently, a new RAD PBV HAP contract when a direct transfer of the
HAP contract to new, eligible units is not possible and there would be
a temporary period when a HAP contract is not in effect. This might
occur when, for example:
<bullet> The owner adequately justifies a specific and well-
developed redevelopment plan that requires the units to be unavailable
for occupancy while the PHA is replacing the units on-site; or
<bullet> An unforeseen event (such as a natural disaster) renders
the units uninhabitable.
In such circumstances, the owner must continue to comply with all
applicable fair housing and civil rights requirements, which include
the obligations under Section 504 to provide mobility and sensory
accessible units to tenants with disabilities who require those
features and provide tenants reasonable accommodations, and the Uniform
Relocation Act as applicable.
c. RAD Interim Agreement
During any period when a normal RAD PBV HAP contract cannot
reasonably remain in force and is terminated, under conditions that HUD
may establish, including for the protection of residents, HUD, the PHA,
and the owner as applicable would enter into an Interim Agreement that
provides the authority to carry forth the RAD requirements to the RAD
PBV HAP contract that will cover the replacement units. The Interim
Agreement would be executed prior to any termination of the original
RAD PBV HAP contract and would implement the transition of the rental
assistance from the RAD PBV HAP contract and ultimately to the
replacement RAD PBV HAP contract. It would preserve the authority for
the RAD PBV rental assistance to commence under the replacement RAD PBV
contract. Further, the Interim Agreement would set forth any applicable
development requirements and the conditions which must be met before
the replacement RAD PBV HAP Contract can be executed.
II. Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations in 24 CFR
part 50, which implemented section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is
available for inspection at HUD's Funding Opportunities web page at:
<a href="https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps">https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps</a>.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
Lopa Kolluri,
Principal Deputy Assistant Secretary for Housing.
[FR Doc. 2021-19513 Filed 9-9-21; 8:45 am]
BILLING CODE 4210-67-P
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