RAD Notice Revision 4 - HUD
RAD Notice Revision 4Section 1: Public Housing conversionSeptember 19, 2019
BACKGROUND2
RAD Notice Housing 2019-09/PIH 2019-23 (“RAD Notice Rev 4”)published September 5th, 2019 Supersedes all prior RAD notices, includingSupplemental Notices Four Sections1.Public Housing conversions2.Mod Rehab/SRO conversions3.Rent Supplement and Rental Assistance Paymentconversions4.202 Project Rental Assistance Contract (PRAC) conversionsNew!3
Highlights Standardize resident rights when RAD is mixed with non- RAD PBVGreater flexibility for PHAs converting “portfolios” ofpublic housing, by streamlining the “Portfolio” and“Multiphase” awardsSome new rent flexibilities for certain conversions inOpportunity Zones and improved use of RAD and Section18Creates abilities for PHAs to partner together to findmutually beneficial arrangements that facilitate strongerRAD conversionsIntroduces “Concept Call” prior to Financing Plansubmission4
Recap: RAD Conversion ProcessRAD ApplicationCHAP Award Confirm Project Eligibility Ensure resident and Board consultation Reserves conversion authority under the cap Sets forth the contract rentsPre-Financing Plan Upfront civil rights review; transfer of assistance; PHA Plan Resident Meetings*Financing Plan* Demonstrate physically and financially viability andcompliance with program requirementsRAD ConversionCommitment (RCC) HUD approval of the Financing Plan Sets out terms of closing and constructionClosing &Conversion Removal from Public Housing ACC and DOT Entry into Section 8 HAP Contract & RAD Use AgreementPost-Closing If applicable, work completed in accordance with RCC Asset Management
PROGRAM REQUIREMENTS6
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingEligibility and Application Eliminates “priority categories.” If a waiting list arises, establishes a preference for properties inOpportunity Zones Eliminates restrictions on HOPE VI properties under 10 yearsold Minimizes application requirements – already implementedThere is no class of properties in good standing with HUD that isineligible or that would currently be deprioritized7
RADApplicationPre-FinancingPlanCHAP Award*FinancingPlan*RCCClosing &ConversionPost-ClosingPortfolio Awards Expands timing flexibility for PHAs converting a self-defined “portfolio” ofproperties, while creating a simpler structure A PHA can reserve conversion authority under the 455,000 unit cap (andthe applicable RAD rents at the time of submission) for a portfolio ofproperties by providing HUD:– the total number of units to be converted and– RAD Applications for the lesser of four projects or 25% of the units identifiedin the portfolio To retain its Portfolio Award, a PHA must close, on average starting oneyear after the issuance of the first CHAP, either two projects per year or25% of the units identified in the portfolio per year– HUD will monitor closings, rather than RAD applications8
RADApplicationPre-FinancingPlanCHAP Award*FinancingPlan*RCCClosing &ConversionPost-ClosingPortfolio Awards All multiphase and portfolio awards convert to new portfolio awardsimmediately– PHA must close on average, starting one year from Sep 5th, 2019, either twoprojects per year or 25% of the units identified in the portfolio per year “Multiphase” award concept is eliminated– Units for multiphase redevelopment are instead reserved through theportfolio award– Each phase completed will count towards minimum unit/project closingrequirements Final applications are still due by September 30, 2024PHAs will have more flexibility in completing the conversion of multipleprojects/phases9
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingRAD Rent “Base Year Initial Contract rents under RAD are calculated based on public housingOperating Fund and Capital Fund appropriations CHAPs and Portfolio Awards lock in the “RAD Rent Base Year” based ontime of award. (PHAs can request to update the rents as new rents becomeavailable) HUD has periodically updated that RAD Rents based on Fiscal Yearappropriations for the Operating Fund and Capital Fund. Rev 4 establishesbiennial (every two years) frequency of RAD rent “Base Year” updatesRAD Rent Base Years and OCAFs based on Award DateAwards madeYear in which an OCAF adjustmentbetweenRAD Rent Base Yearis first applied to CHAP1/1/19 – 12/31/20FY 1820191/1/21-12/31/22FY 2020211/1/23 – 12/31/24FY 22202310
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingContract Rent SettingProvides for up to 100 PUM rent bump for PBRA conversionsthat:– Involve new construction or substantial rehab (construction, includinggeneral requirements, overhead and profit, and payment andperformance bonds, in excess of 60% of the Housing ConstructionCost);– Are within a designated Opportunity Zone; and– Where it is necessary for the viability of the conversionRecap will post processing guidance including:– How to request a conditional CHAP amendment that can be used tosupport lender/investor underwriting– How HUD will assess whether the increased rents are necessary forthe viability of the conversion11
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingCHAP Milestone All Financing Plans due within 270 days of CHAP. Extensions permitted, contingent on reasonablejustification If extension exceeds 6 months, PHA must hold orshow evidence of an additional resident meeting12
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingResident Meetings PHAs and partners should maintain regular communicationwith residents throughout the conversion process in order todescribe conversion plans, solicit feedback, and ensureresidents understand the impacts Rev 4 expands the minimum required resident meeting:– 2 before RAD application– 2 before Financing Plan 1 before concept call 1 between concept call and FP– Additional meetings for significant changes to project plans or forextensions in excess of 6 months13
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingFair Housing and Civil Rights Notice Prior versions of the RAD Notice contained fair housing and civil rightsreview requirements that preceded the publication of the “RAD FairHousing, Civil Rights, and Relocation Notice” (Housing/PIH Notice 201617, published November 10, 2016) The “RAD Fair Housing, Civil Rights, and Relocation Notice” contains muchmore thorough information regarding upfront civil rights reviews than thelanguage in the RAD Notice. To eliminate duplication and potential conflict, Rev 4 removes languageregarding requirements (i.e., upfront reviews) and instead refers readersto the “RAD Fair Housing, Civil Rights, and Relocation Notice”The removal of this language does not modify any of the requirementscontained in the RAD Fair Housing, Civil Rights, and Relocation Notice.14
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingPHA PartnershipsProvides for increased flexibility for PHAs to partner and findmutually beneficial exchanges of resources and/or capacity inorder to broaden the viability of public housing conversionsPHAs can exchange resources, subject to a mutual agreement tobe approved by HUD, without forming a consortium and withoutconsolidation15
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingPHA PartnershipsNew Flexibilities Extended to PHAPartnerships in Rev 4Ways PHAs were Already Able toPartner Contribute Public housing funds asdevelopment source Trade-in RHF/DDTF to increaserents Rent bundling Transfer available land under DOT Propose other partnershiparrangements Select another PHA to administerPBV contract Transfer assistance outside of PHA’sjurisdiction Provide development guarantees Serve as developer Serve as management agent Transfer or consolidate HCV program16
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingConcept Call Prior to submitting a Financing Plan a PHA must request a“Concept Call” with HUD via the RAD Resource Desk On the Concept Call the PHA will describe the conversion planand demonstrate that the plans are sufficiently advanced towarrant review by HUD. HUD will subsequently invite the PHA to submit a FinancingPlan HUD will fully implement Concept Call for any Financing Plansubmitted on or after October 7, 2019 Concept Call checklist on Resource Desk forthcoming Training will be announced shortly17
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingCapital Needs Assessment Eliminates the requirement to submit a UtilityConsumption Baseline For transactions using 9% LIHTC or new constructionor for properties that have been newly constructedor that have used 9% LIHTC in last 5 years:– Prior RAD Notices has already exempted the Narrative(rehab needs)– Rev 4 exempts CNA financial model/reserve analysis aslong as initial annual deposit to the replacement reserve(ADRR) will be at least 450 PHA could still justify a lower amount with a CNA18
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingEnvironmental Review All Part 50 reviews must be submitted through HEROS For conversions with no rehab, allows for Part 50 “tiered”review: HUD has made program-wide compliancedeterminations for most of the applicable environmental lawsand authorities, and will complete a site-specific compliancereview for:– Coastal protection– Flood insurance and flood plain management– Contamination Radon testing now required– Part 50 – follow the MAP guide– Part 58 – if rehab, PHA must provide a statement that the REexamined radon or submit a Radon Report19
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingRAD and Section 18 Allows for joint processing of RAD Section 18 disposition oflast 50 units (i.e., RAD/Section 18 “Close-out” Blend)– the PHA must be converting sufficient units under RAD that wouldresult in the PHA having 50 or fewer units and the units beingconverted through RAD must be in the same project (e.g., a high-riseor group or properties that are managed as one project) as units beingremoved through Section 18.– Example: A PHA with a 80 unit high-rise converts 30 units through RADand takes 50 units through Section 18– Procedurally, this will mimic the existing process for RAD/Section 18blends where submissions all occur via RAD and the Resource Desk20
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingRAD and Section 18 Describes process for switching from RAD to SAC application(Section 18, Streamlined Voluntary Conversion, etc) or SACApplication to RAD Requires applicability of RAD relocation rights (including rightof return and URA) to Section 18 units when units will bereplaced with project-based assistance21
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingSubsidy Layering Review Extends exemption from subsidy layering review if the PHAwill have 50 or fewer units after RAD conversion and hasbegun Section 18 process (currently, SLR only exempt forPHA’s last project) Confirms that Recap completes Subsidy Layering Review (SLR)if non-RAD PBV is at the project22
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingFinancing Plan Require Identity of Interest (IOI) disclosure withindevelopment team Prohibits use of public housing funds as hard debt23
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingRAD and non-RAD PBVIn order to facilitate the uniform treatment of residentsat a converting property with non-RAD PBV, extends allRAD resident rights to non-RAD PBV residents Prohibition against rescreeningRight of return & URA benefitsResident rent “phase-in”Continued participation inROSS/FSS/Jobs Plus/EID Resident participation rights andfunding Termination Notification Grievance procedures “Choice-mobility” (previouslyavailable)Given the purpose of using PBV to preserve publicly assistedproperties, Rev 4 also extends waiver of compliance with PBVpoverty deconcentration goals for the non-RAD PBV units24
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingResident Notification Prior to ClosingRev 4 enhances detail on resident notification required followingissuance of the RCC Anticipated timing of conversion Anticipated duration of rehab/construction, if applicable Terms of lease/house rules Anticipated relocation Opportunities and procedures for exercising Choice-MobilityPHA must communicate its policy regarding phase-in of anytenant-rent increases to affected residents.25
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingResident RightsChoice-Mobility in PBRA conversions.– incorporates choice-mobility into the resident leasethrough a new required provision in the house rules;– Requires maintenance of an agreement between theowner and a voucher agencyEarned Income Verification (EIV) – clarifies that “End ofParticipation” (EOP) submitted as part of a conversiondoes not trigger reporting of debts to EIV26
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingPreferences Upon conversion, properties cannot be “designated”in the PBRA or PBV programs. Any preferencesshould be established prior to conversion– For PBRA, owner-adopted preferences must be submittedto MF field office prior to conversion– For PBV, PHA amends the Section 8 Admin Plan Encourages owners with site-based waiting lists tofacilitate Emergency Transfers (VAWA) throughresidency wait-list preferences27
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingOwnership and Control Fully aligns standard set of ownership and controlrequirements whether or not LIHTC is involved. Public or nonprofit “sufficient interest” is the same as “control” Update to reflect 2018 statutory changePre-Statutory ChangeCurrent LawAt ConversionPublic or non-profitownershipPublic or non-profitownershipWhen LIHTC usedPublic controlling interestPublic or non-profitcontrolling interestFollowing foreclosure,Priority for publicbankruptcy, or termination ownership or control& transfer for materialviolationPriority for public or nonprofit ownership or control28
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingRent Bundling: RAD and non-RAD PBV PHAs may “rent bundle” across RAD and non-RADPBV to shift subsidy in a cost neutral way Rev 4 establishes a process for executing the rentbundling in the HAP contracts when non-RAD PBVwill first be placed under an Agreement to Enter intoa HAP (AHAP)– RAD PBV HAP contract will include “Post-Rehab Rents”29
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingTransfer of Assistance:PHA must describe future use of former public housing site within their FinancingPlan and identify treatment of the Declaration of Trust (DOT):Option 1: Release DOT and replace withalternative Use AgreementOption 2: Maintain the DOT andseparately pursue release underSection 18 or Part 200 (retention) 20 year term - Property or net incomegenerated from property restricted toAffordable Housing PurposesPHA must maintain records of andannually report to board on use ofproperty or incomePermit future removal of covenant ifproperty is sold and proceeds used forAffordable Housing Purposes or ifanother affordability covenant (e.g.,LIHTC LURA) is placed– Office of Recap manages requests forrelease Property restricted to public housinguses while under DOTPHA may use Capital Funds fordemolitionPIH Special Applications Center (SAC)manages request for releaseOption 3: Release the DOT forimminent sale at Fair Market Value Proceeds must be used for AffordableHousing Purposes30
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingPublic Housing ConsiderationsFaircloth. Prior versions of RAD notice had reduced a PHA’s FairclothLimit by the number of converted units, excluding de minimis unitsfrom the Faircloth reduction. Rev 4 clarifies that it is reduced by thenumber of ACC units removed through RAD (which is already currentpractice).Any PHA that wishes to retain those de minimis units under itsFaircloth Limit must contact HUD (PIHOCI@hud.gov) within 90 daysof publication of the RAD Notice (i.e. by November 4, 2019)Close-out Costs. Eliminates ability to establish a reserve at convertedproperty to fund PHA close-out costs. PHA should retain public housingfunds or use unrestricted funds for this purpose31
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingSection 3 Low Income Hiring HUD has always required compliance Section 3 Low-Incomehiring and contract for any rehab/construction completed aspart of the RAD conversion Rev 4 specifies that HUD is applying the regulatoryrequirements for “Housing and community developmentassistance” for RAD conversions, except that public housingand section 8 residents receive priority hiring preference Affirms that Section 3 reporting should be completed throughour post-closing completion certification – alreadyimplemented32
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingCompletion Certification Prior versions of the RAD Notice had required acompletion certification for any work required in theRCC Rev 4 expands completion certification toconversions with no rehab (with more limitedinformation) Guidance on completion available on RAD ResourceDesk33
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingPost-closing PBV AdministrationAnnual Operating Budget Review. Prior versions of RAD Noticehad required PHA board to approve operating budget butdescribed no standards for the review. Rev 4 requires board to:– review operating budget and– confirm deposits into capital replacement reserve accountOCAF Adjustments. For “PHA-owned” properties (seeAttachment A in Notice PIH 2017-21 for guidance on PHA-ownedunits), clarifies that the independent entity that the PHA mustsecure to perform the rent reasonableness analysis must alsodetermine the contract rent OCAF adjustments.34
RADApplicationCHAP AwardPre-FinancingPlan*FinancingPlan*RCCClosing &ConversionPost-ClosingPBV Zero HAP Residents When Total Tenant Payment (TTP) exceed gross rent, normallya unit is not included or removed from a PBV contract. Prior RAD Notices already requires an exception for currentresidents so that their unit remains on the contract regardlessof income (though no subsidy is paid) Revision 4 allows PHAs to request a waiver to permit thefuture admission of zero HAP residents for convertedproperties35
Thank You and QuestionsFor more information visitwww.hud.gov/radJoin the RAD LISTSERV for periodic news and updates(link available at the bottom right of thewww.hud.gov/rad webpage)36
Portfolio Awards All multiphase and portfolio awards convert to new portfolio awards immediately - PHA must close on average, starting one year from Sep 5th, 2019, either two projects per year or 25% of the units identified in the portfolio per year "Multiphase" award concept is eliminated - Units for multiphase redevelopment are instead reserved through the
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