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Demolitions & Dispositions of Public Housing Relocation Requirements under Section 18 of the U.S. Housing Act of

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. 1. What is Section 18. Refers to Section 18 of the US Housing Act of 1937

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Demolitions & Dispositions of Public Housing Relocation Requirements under Section 18 of the U.S. Housing Act of

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  1. 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 1

  2. 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 2

  3. Section 18 (USHA of 1937) • S18 governs: • dispositions of PH • demolitions of PH (NOT HOPE VI) • S18 relocation requirements: • HUD regulation (24 CFR 970) • exempt from URA • 104(d) may be triggered • CDBG, HOME, UDAG 3

  4. 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

  5. 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 5

  6. 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 6

  7. 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 7

  8. Comparable Housing (CH) May Include: • Public Housing (ACC) unit; • S8 tenant-based assistance • actual relocation required • S8 project-based assistance; or 8

  9. 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 9

  10. 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 10

  11. 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

  12. 90-Day Notice to Vacate • DEMO/DISPO of PROJECT • DEMO/DISPO COMMENCEMENT • COMPARABLE HOUSING OFFER • RELOCATION & MOVING COSTS • COUNSELING

  13. Timing of Demo/Dispo • Cannot begin demolition or complete disposition until residents are actually relocated

  14. 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 14

  15. 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) Recordkeeping and Reporting 15

  16. Relocations for other Public Housing Removal Actions • Section 32 Homeownership (24 CFR 906.23 and 24) • PH residents: 24 CFR 906.23 • Non-PH residents: URA • Section 33 Required Conversion (24 CFR 972.130) • 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 16

  17. References • HUD Relocation Handbook (under revision) • HUD SAC Web-Page: www.hud.gov/sac • HUD Relocation Web-Page: www.hud.gov/relocation 17

  18. Technical Assistance • Special Applications Center (SAC): • Director: Ainars Rodins • ainars.rodins@hud.gov • 312-913-8766 • Deputy Director: Tammy Gray • tamara.gray@hud.gov • 312-913-8306 • Program Analyst: Kathy Szybist • kathleen.szybist@hud.gov • 312-913-8097 • HUD PIH Field Office • HUD Regional Relocation Specialist • www.hud.gov/offices/cpd/library/relocation/contacts 18

  19. Questions ?

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