Removing Units From Inventory
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Transcript Removing Units From Inventory
Demolitions & Dispositions
of Public Housing
Relocation Requirements under
Section 18 of the U.S. Housing Act of 1937
Kathy Szybist
Special Applications Center (SAC)
U.S. Department of HUD
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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
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Section 18 (USHA of 1937)
S18
dispositions of PH
demolitions of PH (NOT HOPE VI)
S18
governs:
relocation requirements:
HUD regulation (24 CFR 970)
exempt from URA
104(d) may be triggered
CDBG, HOME, UDAG
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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
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24 CFR 970
970.7(a): Submission Requirements & Offer of
Comparable Housing
970.21 (b): In-Place Tenants
970.21 (c): Financial Resources
970.21 (d): Relocation Time-table
970.21 (e): 90-day Notice
970.21 (f): Other Plan Requirements
970.21 (g): URA N/A
970.25: Actions Prior to Approval
970.35: Reports & Records
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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
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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
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Comparable Housing (CH)
May Include:
Public Housing (ACC) unit;
S8 tenant-based assistance
actual relocation required
S8 project-based assistance; or
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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
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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
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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
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90-Day Notice to Vacate
DEMO/DISPO
of PROJECT
DEMO/DISPO COMMENCEMENT
COMPARABLE HOUSING OFFER
RELOCATION & MOVING COSTS
COUNSELING
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Timing of Demo/Dispo
Cannot
begin demolition or
complete disposition until
residents are actually
relocated
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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
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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)
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Relocations for other
Public Housing Removal Actions
Section 32 Homeownership (24 CFR 906.23 and 24)
Section 33 Required Conversion (24 CFR 972.130)
PH residents: 24 CFR 906.23
Non-PH residents: URA
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
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References
HUD Relocation Handbook (under revision)
HUD SAC Web-Page: www.hud.gov/sac
HUD Relocation Web-Page:
www.hud.gov/relocation
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Technical Assistance
Special Applications Center (SAC):
Director: Ainars Rodins
[email protected]
312-913-8766
Deputy Director: Tammy Gray
[email protected]
312-913-8306
Program Analyst: Kathy Szybist
[email protected]
312-913-8097
HUD PIH Field Office
HUD Regional Relocation Specialist
www.hud.gov/offices/cpd/library/relocation/contacts
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Questions ?
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