H.C. Peck & Associates, Inc. A National Land Service Company Relocation Under HUD Section 18 (P.S. - it’s not the URA ) Relocation Under HUD Section 18 (P.S. - it’s not the URA ) Lee Satterfield Hamre, SR/WA, R/W-RAC President – H.C. Peck & Associates, Inc. IRWA Federal Agency Update January 14, 2009

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 What is Section 18? Refers to Section 18 of United States Housing Act of 1937 Amended by Quality Housing and Work Responsibility Act (QHWRA) of 1998 Governs Public Housing Agency activities to demolish or dispose of part or all of a public housing project All interests, Source: HUD Handbook 1378 Appendix 33

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 Activities Covered Under Section 18: Any demolition or disposition of public housing Demolition of public housing units using Capital funds under Section 9(d)(F)

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 Activities NOT Covered Under Section 18: Acquisition or rehabilitation activities undertaken by PHAs Displacement caused by acquisition or rehabilitation of real property for federally funded project covered by URA Activities that are excepted by regulation or statute

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 Relocation Assistance under Section 18 Relocation Plan required Payment of actual and reasonable relocation expenses to residential tenants Generally, no assistance to displaced businesses Comparable Housing (no Replacement Housing Payment) 90-Day Notice Counseling (Necessary and Mobility)

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 versus URA Regs: URA – 49 CFR Part 24 Sec. 18 – 24 CFR Part 970 Definitions: URA regs – 4 pages Sec. 18 regs – 1 1/3 columns Content: URA relocation – 22 pages Sec. 18 relocation – less than 1 page

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 versus URA Replacement Housing URA: Offer Comparable – similar public assistance (voucher, project based or public housing unit) or from private market if similar not available Section 18 : Provide Comparable – voucher, project based or public housing unit

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 versus URA Replacement Housing Payments URA: 42 month period Difference between old payment and new; or Low income based on 30% gross monthly income Gap payments between old PHA and new subsidized Section 18 : No Replacement Housing Payment No Gap Payment

H.C. Peck & Associates, Inc. A National Land Service Company Section 18 versus URA Required Notices URA: General Information Notice (GIN) Notice of Eligibility or Non-Eligibility at ION 90 day notice to vacate Section 18 : 90 day notice to move

H.C. Peck & Associates, Inc. A National Land Service Company Application of Section 18 Aurora Housing Project Aurora, Colorado Sale of 70 scattered site units 52 single family homes Average occupancy over 6 years

H.C. Peck & Associates, Inc. A National Land Service Company Application of Section 18 Aurora Housing Project, Cont’d. Application for Housing Choice Vouchers for displaced residents No other PHA units available AHA supporting residents to purchase their home or another property

H.C. Peck & Associates, Inc. A National Land Service Company Aurora Housing Project Issues: AHA had no written policy in place Less written guidance available than URA Less local HUD guidance available than URA Different AHA standards for public housing versus housing choice vouchers Some displaced residents ineligible for vouchers AHA cannot use monetary payments

H.C. Peck & Associates, Inc. A National Land Service Company Aurora Housing Project Solutions HUD is currently preparing guidance Assist AHA to prepare Section 18 policies Apply uniformly and document Use URA sparingly for guidance Remember Section 18 created to relieve burden of implementing Uniform Act

H.C. Peck & Associates, Inc. A National Land Service Company Aurora Housing Project Solutions, Cont’d Guide AHA to create same standards for public housing and housing choice vouchers Residents that cannot be provided with replacement housing cannot be moved Those properties cannot be disposed of or demolished Identify problems like this early in planning!

H.C. Peck & Associates, Inc. A National Land Service Company Questions and Comments H. C. Peck & Associates, Inc Fox Street Denver, Colorado (303) (303) Fax