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Notice Listing on Notifying Residents

Notice Section 1.8 Resident Notification

Before Application.Prior to submitting an application to participate in the Demonstration, the PHA must:
1. Provide written notification to legitimate resident organizations of the PHA’s intent to pursue a conversion;
2. Provide written notification in the form of a RAD Information Notice (RIN) to residents of projects proposed for conversion to inform the residents of the PHA's intent to pursue a conversion and of their rights in connection with a proposed conversion (whether or not any relocation is anticipated). A General Information Notice (GIN) must also be issued if it is required by the URA. The URA regulations at 49 CFR part 24 and relevant program regulations specify the time by which a GIN must be issued, which may be different than the tiimng for issuance of the RIN. URA and program regulations also specify the entity responsible for issuing GINs. See the RAD Fair Housing, Civil Rights, and Relocation Notice for additional detail regarding the timing, content and purpose of these resident notifictions;
3. Following issuance of the RIN, conduct at least two meetings with residents of projects proposed for conversion to discuss conversion plans and provide opportunity for comment, which discussion must include a description of resident rights described in Attachment 1B.1 and a description of the PHAs preliminary intentions, to the extent formulated, with respect to: a) whether the conversion will include a transfer of assistance and potential location to which the assistance would be transferred, b) plans to partner with an entity other than an affiliate or instrumentality of the PHA if such partner will have a general partner or managing member ownership interest in the proposed Project Owner, c) change in the number or configuration of assisted units or any other change that may impact a household’s ability to re-occupy the property following repairs or construction, d) de minimis reduction of units which had been vacant for more than 24 months at the time of RAD Application, and e) the scope of work;⁷⁷ and
4. Prepare comprehensive written responses to comments received in connection with the required resident meetings on the proposed conversion to be submitted with the RAD Application.
Before Concept Call. After a PHA is selected to participate in the Demonstration (i.e., receipt of CHAP) but prior to requesting a Concept Call, the PHA must have at least one meeting with residents to discuss updated conversion plans covering, at a minimum, the topics listed above, and to solicit feedback on proposed property improvements, if appropriate. Additional resident meetings may be required if the PHA requests extension to the submission of the Financing Plan as described in Section 1.12. The PHA shall prepare comprehensive written responses to comments received in connection with the required resident meetings.
Before Financing Plan. Following a successful Concept Call and invitation to submit a Financing Plan, the PHA must have at least one more meeting with residents prior to submission of the Financing Plan to discuss updated conversion plans covering, at a minimum, the topics listed above, and the anticipated Financing Plan submission. The PHA shall prepare comprehensive written responses to comments received in connection with the required resident meetings.
Before Closing. Upon issuance of the RCC (see Section 1.12 of this Notice), the PHA must also notify residents that conversion of the project has been approved, and address, as appropriate, anticipated timing of the conversion, the anticipated duration of the Work, the revised terms of the lease and house rules, any anticipated relocation, and opportunities and procedures for the exercise of the choice-mobility option.
Households in the affected project(s) who do not want to transition to the Section 8 program may, be offered, if available, the opportunity to move to other public housing owned by the PHA.
Additional RAD Meetings. Additional meetings with residents are required to discuss any substantial change to the conversion plans relative to what was presesnted in the previous resident meetings. A substantial change to the conversion plans includes, but is not limited to:
- Introduction or abandonment of a transfer of assistance or a material change in the projected location to which the assistance would be transferred;
- Plans to partner with an entity other than an affiliate or instrumentality of the PHA if such partner will have a general partner or managing member ownership interest in the proposed Project Owner;
- Change in the number or configuration of assisted units or any other change that may impact a household’s ability to re-occupy the property following repairs or construction;
- De minimis reduction of units which had been vacant for more than 24 months at the time of RAD Application;
- A substantial change in the proposed scope of the Work; or
- A material change in utility allowances.
Other Requirements.The requirements for resident notifications and meetings for the RAD program are separate from, and complementary to, the resident notification and consultation requirements under the significant amendment process (24 CFR part 903) and applicable relocation requirements (see Section 1.4.A.4). A PHA must comply with all applicable resident consultation and notification requirements. Refer to the RAD Fair Housing, Civil Rights, and Relocation Notice for resident consultation requirements regarding relocation.
Meetings should be conducted in a place and time to foster participation of the residents. When providing resident notification and meetings, a PHA must use effective communication for persons with hearing, visual, and other communication-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act of 1990. Effective communication may include, but is not limited to, providing written materials in appropriate alternative formats (e.g., Braille, large type), as needed, and providing sign language interpreters and assistive listening devices at resident meetings, as needed (24 CFR § 8.6). Additionally, resident meetings must be held in facilities that are physically accessible to persons with disabilities. Where physical accessibility is not achievable, a PHA must use alternative methods to meet with qualified individuals with disabilities, such as holding meetings at an alternate accessible site or offering in-home meetings. Such meetings must be provided in the most integrated setting appropriate to the needs of qualified individuals with disabilities. The most integrated setting appropriate to the needs of qualified individuals with disabilities is a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible (28 CFR part 35, appendix B).
Additionally, a PHA must provide meaningful access to its programs and activities for persons who have a limited ability to read, speak, or understand English. For projects undergoing RAD conversion, a PHA must provide language assistance to residents of the project who are Limited English Proficient (LEP) to ensure that they have meaningful access to RAD resident notifications and meetings. Such language assistance may include, but is not limited to, providing written translation of notices regarding the plans for the project and relocation and oral interpretation at resident meetings. For guidance on providing language assistance to persons with LEP, please see Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (72 FR 2732).

Documents on Notifying Residents

Resident Information Notice (RIN) - Sample

Relocation - Using HCVs for Relocation Under RAD

Sample Resident Meeting RAD Presentation

General Information Notice (GIN) - Sample

RAD Fair Housing, Civil Rights and Relocation Requirements Notice (Notice H 2016-17; PIH 2016-17)

Questions on Notifying Residents

Satisfying Rev 4 Resident Meeting Requirements

If we had already submitted a Financing Plan or received an RCC when RAD Notice Rev 4 was published, do we need to have another resident meeting to satisfy the requirements of having meetings before concept call and between concept call and Financing Plan submission?

For active CHAP awardees, the resident meeting requirements in Rev 4 of the RAD Notice should be implemented based on where in the RAD conversion process your transaction was when Rev 4 was published. If you had already submitted a Financing Plan at that time with evidence of prior resident meetings held (as required under Rev 3 of the RAD Notice), then you do not need to have an additional meeting or meetings to satisfy the “before Concept Call” and “before Financing Plan” resident meeting requirements that were introduced in Rev 4 of the Notice. Conversely, if you did not submit a Financing Plan prior to the Rev 4 publication date, you are required to have a least one resident meeting before the Concept Call and another before Financing Plan submission.

Right to Return

When does a resident first get the Right to Return? With the issuance of the RIN? The CHAP? Some other milestone?

Under Section 6 of the RAD Relocation Notice (H 2016-17), eligibility for protections under said Notice apply to any person residing at the Converting Project and who is legally on the public housing lease, has submitted an application to be added to an existing lease, or is otherwise in lawful occupancy at the time of CHAP issuance. Consequently the Right to Return would apply to anyone meeting these conditions at the time of CHAP issuance.

Timing of Resident Meetings

The RAD Notice requires that prior to submitting an application the PHA must conduct at least two meetings with residents of projects proposed for conversion. Is there guidance regarding the amount of time that can elapse between issuance of the required resident meetings and the RAD application?

The purpose of the resident meetings is to ensure that residents are informed of the RAD conversion process and have an opportunity to provide comments and feedback. The standards described in the RAD Notice (see Section 1.8) are designed to make sure that PHAs maintain regular communications with residents throughout the RAD conversion process, including when there are substantial changes. HUD considers significant delays between the conduct of resident meetings and the submission of an application to be a substantial change and therefore will require another resident meeting if the PHA held two meetings but neither occurred within a year of the RAD Application submission date. Any resident comments received in connections with the additional meeting and the PHA’s responses must be included with the Application.

RIN Dates for RAD Application

The RAD Application asks the PHA to enter in the date the RIN was issued to residents. Is there guidance regarding an acceptable amount of time that can elapse between issuance of the required RIN and submission of a RAD application?

Per the RAD Notice, all residents must be issued a RIN prior to submission of a RAD application. Given the likely turnover that will occur at projects and the need to keep residents updated throughout the conversion process, if the RIN has been issued more than 12 months before the submission of an application, HUD will require that the PHA provide an additional written notification meeting the requirements of a RIN (see Section 6.6.a of the RAD Relocation Notice and see Sample RIN at http://www.radresource.net/rad_resident_info_notice.docx) to all current residents to ensure that all residents have received notice of the impending conversion. A PHA may also provide evidence that residents have been kept informed of ongoing RAD implementation in the form of written notices, resident meetings, or other forms of communication. HUD reserves the right to review such evidence to ensure compliance with program goals related to resident notification and engagement.

Communicating with Residents during COVID-19

How should PHAs communicate with residents about the RAD conversion process, respond to resident questions, and solicit feedback when in-person resident meetings are not possible due to the recent COVID-19 outbreak?

The health and safety of residents, PHA and Owner staff, and other program partners is paramount. PHAs that continue with public meetings should follow the latest CDC, state, or local health department guidance relative to holding public meetings. However, it is still critical for PHAs and owners to keep residents informed about any changes to their housing, their rights, and the timing of key events related to the conversion and for residents to have the opportunity to provide comments as required at different stages of a RAD conversion. The RAD Notice requires PHAs and owners to hold resident meetings and to receive and provide response to comments during those meetings. In lieu of community meetings held in common areas, PHAs and owners may hold meetings remotely using videoconferencing or teleconferencing technology provided that they can: Accept and respond to answers to questions submitted during the meeting; Maintain an attendance log in order to track if residents are able to participate successfully; Accommodate the needs of persons with disabilities or with limited English proficiency (LEP) through the meeting format. In selecting the host technology, PHAs must ensure they can comply with Section 504 of the Americans with Disability Act; and Provide residents with a follow-up notice after the meeting with a summary or reproduction of presented information and a means to ask additional questions related to the conversion. In selecting among alternative meeting methodologies, PHAs and owners should be attentive to the nature of technology which residents are likely to have in their homes. When submitting their Financing Plan or Conversion Plan and (for public housing conversions) their RAD application, PHAs and owners must provide the date(s) of any remote resident meetings and a record of the responses (written or oral, or in subsequent actions) to resident comments on the proposed conversion and scope of work that were received in connection with such meetings. HUD may request follow-up measures on a case-by-case basis. Effectively communicating during this period may take more time than previously and PHAs and owners may determine that additional meetings are necessary in order to ensure that you are reaching all residents. Please keep your RAD point of contact updated in the event that an extension to existing deadlines is needed. Beyond the required resident meeting and comment period, HUD recommends that PHAs and owners develop an alternative communication plan that is sustainable for at least 8 weeks or more and that achieves the goals of providing residents relevant information about the RAD conversion, particularly more complex transactions with significant construction and/or relocation. PHAs may develop a process that includes various forms of alternative communication methods so that all residents can receive information and participate in the process regardless of their individual circumstances. Below are some suggested methods by which to share information with residents: Set up teleconference calls in the place of in-person meetings, ensuring that residents have enough prior notice and receive clear directions (particularly those with limited technological access/abilities); Provide flyers/notices to residents at each unit with updates about how information can be obtained regarding the RAD process; Post notices in common areas of the property; Provide letter updates in resident mailboxes; Provide text and/or email updates to residents; Share a sign-up sheet with residents to meet 1-on-1 with office staff or by phone; Create online materials (video or other) available to all residents; Create and distribute a survey for residents to gather information about their questions, experience, and preferences; Ensure that all residents have contact information (phone and email) for PHA staff should they have questions.

Postponed Project Resident Notification

We received two CHAPS for two projects but intended to have these projects be phased. So the CHAP on project 2 was returned, we are now "phased" and will submit an application for that second project within 365 days of receipt of the first CHAP. The question - we had issued a GIN to the residents of that second phase. Is that GIN "rescinded" also and will be re-issued when we submit that second CHAP application? More specifically, do we need to do the resident tracking required for that second project during this interim period?

While there is no formal requirement in the RAD Relocation Notice, we would encourage the PHA to notify residents that plans have changed and that the PHA is no longer pursuing RAD for their project at this time. As long as the GIN was issued in a timely manner (within 30 days of CHAP issuance), the PHA is only responsible for keeping a tenant log for the time between CHAP issuance and CHAP withdrawal. Once the CHAP is withdrawn, the project is no longer a part of RAD and is not subject to RAD Relocation requirements.

Elderly Designations for RAD PBRA Conversions

In a PBRA conversion, can the owner/PHA of a Public Housing project designated for the elderly continue to serve only elderly households?

The owner/PHA cannot designate buildings as is done in Public Housing. While owners may not restrict occupancy to certain household types, however, Owners may adopt certain waiting list preferences on their waiting list, some of which require prior HUD approval while others do not. HUD regulation (see 24 CFR 5.655) permits Owners of PBRA projects to adopt waiting list preferences for single persons who are elderly without prior HUD approval. To adopt a waiting list preference for elderly families (i.e. non single-persons), the Owner must obtain prior HUD approval. See Paragraph 4-6 of HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs and HUD Housing Notice 2013-21 for the applicable requirements for implementing a preference for elderly families. Note that all owner adopted preferences must be included in the Tenant Selection Plan (TSP) and the Affirmative Fair Housing Marketing Plan for the property.

Impact of Housing Choice Vouchers on Right to Return

If a resident decides to accept a Housing Choice Voucher, how is the right of return affected?

When a resident chooses to accept permanent relocation payments and assistance in accordance with URA or at URA levels for a RAD conversion (for example accepting a HCV as their permanent relocation housing), the resident is also choosing to decline their right to return to the completed RAD property. If a resident accepts an HCV as a temporary relocation housing option, this acceptance does not mean that the resident is declining their right to return. A resident can choose to accept temporary relocation assistance and payments without declining their RAD right to return. PHAs are reminded that residents must give informed consent to decline their right to return, meaning they are making a decision based on an informed understanding of their housing options, and that PHAs must keep auditable records of this decision.

PHA's Responsibility for Relocation Advisory Services

Are housing authorities expected to walk residents through the process of moving utilities and forwarding mail, or just to pay the out-of-pocket expenses of those kinds of activities?

Part of URA requirements are to provide relocation advisory services for any permanent relocations. Under RAD, advisory services are required for relocations lasting longer than a year and strongly recommended for relocations that are for shorter periods.

Timing of Fulfilling Resdient Relocation Requirements

When do resident relocation requirements begin, at CHAP Award or at Closing? Our PHA wants to make sure they are providing required notices and assistance on time.

PHAs should begin to engage residents on relocation matters as soon as they begin to develop any RAD development or rehabilitation plans that may involve relocation. PHAs should refer to Section 4: Relocation Planning of Notice H 2014-09/PIH 2014-17. The chart provided in this section presents a general sequencing of relocation planning activities within the RAD milestones.

Tenant Notice of New Leases

Must a PHA give tenants 30-day notice of the effective date of the new lease?

PHAs must give tenants at least 30-day notice of their public housing lease termination (recognizing that the exact date of closing, and thus the exact effective date of the HAP, is not known). HUD recommends that PHAs provide this notification to residents along with a notification of the effective date of the new lease. However, PHAs should consult with legal counsel, especially with respect to the requirements of state and local tenant laws.

Applicability of URA for Persons Relocating for Less than 12 Months

When converting to PBRA or PBV under RAD, does the URA apply to persons temporarily relocating – for less than twelve months – or only for those residents who relocate either permanently or for more than one year?

URA applies to RAD projects that involve acquisition, demolition, or rehabilitation. So if your deal involves acquisition, demolition, or rehabilitation, then URA applies. Both URA and RAD have requirements for relocations that last less than a year. For example, URA requires that a resident who will be temporarily relocated receive reimbursement for reasonable out of pocket expenses connected to the move, such as moving expenses and increased housing costs. Additionally, RAD would require residents that move temporarily receive a RAD Notice of Relocation, which is a specific RAD requirement, and not one that comes from the URA.

PBV Conversion and Request for Tenancy Approval (RFTA)

Are PBV units under RAD required to have a Request for Tenancy Approval (RFTA) filled out by the owner and tenant?

No, this provision of the housing choice voucher regulations (24 CFR 982 subpart G, section 302) does not apply to the PBV program (see 24 CFR 983.2.c).

Tenant Certification Reporting for PBV Conversions

What is the tenant certification reporting process for RAD PBV conversions? Will they be reported to HUD through the 50058 or 50059 process? Or, does it depend of the type of Project Based Voucher the development is converted to?

If the PHA converts a project to Section 8 PBVs, the PHA will continue to use HUD-50058s for the tenant certifications. (The PHA will actually terminate the 50058 for the family under the public housing program and create a new 50058 for the voucher program.) If, however, the PHA converts to PBRA, the PHA will then complete a 50059 for each family.

Sample Tenant Notice

Is there an example of the proper type of tenant notice that owners can post to inform tenants for the different cases of either accepting or rejecting RAD?

Sample tenant notification letters can be found in the appendix of Section III (assuming this is a question for a Rent Supp or RAP owner) of the notice (PIH Notice 2012-32). The Notice is on the RAD website (www.hud.gov/rad).

Notice Period for Resident Meetings

In planning the required resident meetings that must occur before Concept Call, I’m wondering if there is a minimum notice period for alerting residents about the meeting. We typically hand deliver meeting notices to each unit but I’m not sure if there is a requirement or preference for how far in advance of the meetings the notice must or should be delivered.

You should give residents a reasonable amount of time to plan to attend the meetings. If the PHA has a standard notice period for meetings, they should adhere to that standard.

Resident Notification/Meeting Required Prior to Submitting Application

If a housing authority is planning to submit an application for conversion of their entire portfolio (less than 1,000 units), will the resident notification / meeting be required prior to the submission of an application? There is no plan for significant rehabilitation and no plans for displacement of tenants. If meetings are required, can the meetings be portfolio-wide resident meetings in lieu of a separate resident meetings for each site?

Yes, regardless of the level of rehab or whether relocation is needed, two resident meetings must take place prior to application submission and you must include resulting comments and your responses as an attachment to the application. It is fine to hold one portfolio wide meeting as long as all tenants are notified.

Tenant Certifications Under RAD

If a Mod Rehab property converts to PBRA under RAD, will the future Tenant Certifications be under HUD Handbook 4350.3 guidelines?

Yes if the property is converting to PBRA; no if the property is converting to PBV

Non-Public Housing Residents

In a property converting under RAD, what are the notice and meeting requirements for non-public housing residents?

Notice of the RAD conversion should be provided to all residents of the property, with scheduled meetings open to any residents that would like to receive more information about the RAD process. However, for residents of units whose subsidy is not converting from public housing assistance, the language in the sample RAD Information Notice (RIN) should be modified to make sure the notice provided to residents is accurate and relevant. For example, the RIN can include a general description of the conversion, as well as conceptual plans, but for residents that are not in the public housing program, it should not inform the resident that the household has a right to remain in the unit or, if any relocation is required, a right to return to an assisted unit in the Covered Project. All public housing residents whose unit is converting should receive a RIN that includes all of the required items within Section 6.6.A of Notice H/PIH 2016-17 (the RAD Fair Housing and Relocation Notice).