11 Kathy Szybist Special Applications Center (SAC) U.S. Department of HUD Demolitions & Dispositions of Public Housing Relocation Requirements under Section 18 of the U.S. Housing Act of 1937

22 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

33 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

4 NOT Subject to Section 18 Consolidation of Occupancy (24 CFR ) “De minimis” demolition (24 CFR ) Section 32 homeownership (24 CFR and 24) Section 33 required conversions (24 CFR ) Section 22 voluntary conversions (24 CFR ) Eminent Domain takings (PIH Notice ) Modernization or Development with Cap Funds (S9) HOPE VI demolition

55 24 CFR (a): Submission Requirements & Offer of Comparable Housing (b): In-Place Tenants (c): Financial Resources (d): Relocation Time-table (e): 90-day Notice (f): Other Plan Requirements (g): URA N/A : Actions Prior to Approval : Reports & Records

66 Inventory Removals Application HUD (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

77 Comparable Housing (CH) must offer CH to all displaced residents housing quality standards (HQS) 24 CFR not less desirable location generally same neighborhood (resident preference; no steering) nondiscriminatory Affirmatively further FH (PHA Plan) reasonable accommodation

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

99 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

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

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 1 st 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 Recordkeeping and Reporting Relocation Expenses Report actual amounts in financial statement 24 CFR (a)(4) Monitoring of Relocation Implementation Discretion of HUD FO 24 CFR (a)(5)

16 Relocations for other Public Housing Removal Actions Section 32 Homeownership (24 CFR and 24) PH residents: 24 CFR Non-PH residents: URA Section 33 Required Conversion (24 CFR ) 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 ) 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: HUD Relocation Web-Page:

18 Technical Assistance Special Applications Center (SAC): Director: Ainars Rodins Deputy Director: Tammy Gray Program Analyst: Kathy Szybist HUD PIH Field Office HUD Regional Relocation Specialist

19 Questions ?