On December 26, 2024, HUD issued PIH Notice 2024-40 on the Demolition and Disposition of Public Housing under Section 18 of the U.S. Housing Act of 1937. This Notice supersedes and replaces Notice PIH 2021-07.
On December 26, 2024, HUD issued PIH Notice 2024-40 on the Demolition and Disposition of Public Housing under Section 18 of the U.S. Housing Act of 1937. This Notice supersedes and replaces Notice PIH 2021-07 .
Types of RAD/Section 18 Blends:
- Construction Blend
- Small PHA Blend
- Sequence Blend
These RAD/Section 18 Blends allow for:
- Higher contract rents support greater financing
- Robust resident rights
- RAD one-for-one replacement requirements apply (with de minimis)
- Public housing funds can be used in project conversion
- HUD underwriting of entire project to ensure project viability
PIH Notice 2024-40 describes examples of expanded eligibility for projects to "blend" project-based voucher ("PBV") assistance through a Rental Assistance Demonstration ("RAD") conversion with assistance from tenant protection vouchers ("TPVs") that are awarded through a Section 18 disposition approval, even if those units would not otherwise qualify for disposition. This Notice allows for units in a project to qualify for Section 18 on a graduated scale based on the percentage of Housing Construction Costs ("HCC") that is met as part of the RAD conversion.
The aggregate number of replacement units (RAD and PBV) must meet the RAD "substantial conversion of assistance" requirements, the replacement units must be either new construction or substantially rehabilitated. The new RAD/S18 blends will assist PHAs with preserving public housing assets, as all units removed under Section 18 must be replaced under a Section 8 contract.
RAD Notice H-2023-08 and Rev 4 made a few changes to the blends criteria described in HUD Notice 2021-07:
- RAD/Section 18 Construction Blend Section: "If the hard construction costs are equal to or exceed ninety percent (90%) of the Housing Construction Costs as published by HUD for the given market area, at the PHA’s discretion up to sixty percent (60%) of the units in the Converting Project may be disposed of under Section 18. For high-cost areas, defined as those where HCC exceeds 120% of the national average, or where the amount of construction necessary to convert the units from their current condition to the condition proposed as a result of the Work would cost in excess of two hundred percent (200%) of the national average HCC,5 at the PHA’s discretion up to eighty percent (80%) of the units in the Converting Project may be disposed of under Section 18."
- RAD/Section 18 Small PHA Blend: "For any PHA with 250 or fewer public housing units under its ACC, at the PHA’s discretion up to eighty percent (80%) of the units in a Converting Project may be disposed of under Section 18. The PHA is not required to remove all of its remaining public housing units through a Small PHA Blend transaction. However, to be eligible for the Small PHA blend, the PHA must submit to HUD a feasible repositioning plan approved by the PHA’s board of commissioners and acceptable to HUD that removes all of a PHA’s public housing ACC units, reflects that the PHA will not develop additional public housing units under otherwise available Faircloth authority, and will not transfer that Faircloth authority to another PHA and will result in the closeout of the PHA’s Section 9 public housing program and termination of its Section 9 ACC. Any PBV contract created under this subparagraph must be administered by an HCV contract administrator with at least 250 HCV units under its HCV Consolidated ACC prior to the creation of the PBV HAP contract unless the field office determines that the proposed contract administrator has sufficient capacity to administer the PBV contract. The field office will consider factors such as the proposed contract administrator’s prior SEMAP scores, recent HCV-related audit findings for the contract administrator, whether the contract administrator has updated its Section 8 Administrative Plan to administer project-based vouchers, and whether the proposed contract administrator will have sufficient voucher authority, (in addition to any existing RAD or Non-RAD PBV HAP Contracts) to adequately serve the tenant-based waiting list and provide mobility options for the PBV residents. Please see Section 1.5.B of the RAD Notice relating to the applicability of RAD relocation requirements to residents of the Section 18 units and Section 1.6 of the RAD Notice relating to the applicability of RAD requirements to non-RAD units to facilitate the uniform treatment of residents where specified in the RAD Notice"
RAD Notice H-2023-08 and Rev 4 made a few changes to the blends criteria described in HUD Notice 2021-07:
- RAD/Section 18 Construction Blend Section: "If the hard construction costs are equal to or exceed ninety percent (90%) of the Housing Construction Costs as published by HUD for the given market area, at the PHA’s discretion up to sixty percent (60%) of the units in the Converting Project may be disposed of under Section 18. For high-cost areas, defined as those where HCC exceeds 120% of the national average, or where the amount of construction necessary to convert the units from their current condition to the condition proposed as a result of the Work would cost in excess of two hundred percent (200%) of the national average HCC,5 at the PHA’s discretion up to eighty percent (80%) of the units in the Converting Project may be disposed of under Section 18."
- RAD/Section 18 Small PHA Blend: "For any PHA with 250 or fewer public housing units under its ACC, at the PHA’s discretion up to eighty percent (80%) of the units in a Converting Project may be disposed of under Section 18. The PHA is not required to remove all of its remaining public housing units through a Small PHA Blend transaction. However, to be eligible for the Small PHA blend, the PHA must submit to HUD a feasible repositioning plan approved by the PHA’s board of commissioners and acceptable to HUD that removes all of a PHA’s public housing ACC units, reflects that the PHA will not develop additional public housing units under otherwise available Faircloth authority, and will not transfer that Faircloth authority to another PHA and will result in the closeout of the PHA’s Section 9 public housing program and termination of its Section 9 ACC. Any PBV contract created under this subparagraph must be administered by an HCV contract administrator with at least 250 HCV units under its HCV Consolidated ACC prior to the creation of the PBV HAP contract unless the field office determines that the proposed contract administrator has sufficient capacity to administer the PBV contract. The field office will consider factors such as the proposed contract administrator’s prior SEMAP scores, recent HCV-related audit findings for the contract administrator, whether the contract administrator has updated its Section 8 Administrative Plan to administer project-based vouchers, and whether the proposed contract administrator will have sufficient voucher authority, (in addition to any existing RAD or Non-RAD PBV HAP Contracts) to adequately serve the tenant-based waiting list and provide mobility options for the PBV residents. Please see Section 1.5.B of the RAD Notice relating to the applicability of RAD relocation requirements to residents of the Section 18 units and Section 1.6 of the RAD Notice relating to the applicability of RAD requirements to non-RAD units to facilitate the uniform treatment of residents where specified in the RAD Notice"
HUD approves a portion of units under Section 18, to be replaced under a Section 8 contract, based on level of rehab/construction achieved. Percentage of units eligible for Section 18 disposition within the Converting Project is based on the housing construction costs (HCC) proposed for the new construction or rehabilitation of the Covered Project compared with HUD’s published Housing Construction Costs for the market:
Eligibility
|
Unit Mix Percentage
(RAD / Section 18 Blend)
|
- Proposed rehab where hard construction costs exceed 90% of the HCC for the given market area OR
- Demolition and Redevelopment of the project OR
- Transfer of Assistance
|
at least 10% RAD / up to 90% Section 18
|
- Proposed rehab where hard construction costs exceed 60% of the HCC for the given market area
|
at least 60% RAD / up to 40% Section 18
|
- Proposed rehab where hard construction costs exceed 30% of the HCC for the given market area
|
at least 30% RAD / up to 70% Section 18
|
HUD has also developed an Excel tool available on the RAD Resource Desk that PHAs can use to assess whether the scope of work meets any of the thresholds for the Construction Blends.
For any PHA with 250 or fewer public housing units under its ACC, at the PHA’s discretion, up to 90% of the units in a Converting Project may be disposed of under Section 18 and at least 10% of the units must be converted under RAD.
- Blend is applied at the project level
- PHA must submit a repositioning plan to HUD showing how it will remove all of its public housing units
- Any PBV contract must be administered by a PHA operating at least 250 HCV units
A PHA that has first received approval for a Section 18 disposition removal under another justification (24 CFR 970.17(a)(b) or (c), except for under efficient and effective) shall be subject to the provisions governing RAD/Section 18 Blends provided they request and receive SAC approval to conditionally rescind the Section 18 approval for some portion of RAD eligible units and convert the public housing assistance of at least 10% of units under RAD.
The Section 18 portion of the blended repositioning application must follow the approved RAD application and PHA Plan for both RAD and Section 18 as well as a Financing Plan.
The PHA is not required to submit a separate Section 18 application through IMS/PIC. Instead, HUD’s Special Applications Center (SAC) reviews the additional material provided in the RAD application and uploads it into IMS/PIC in the form of a DDA Section 18 application.
Required Submissions:
- RAD submission requirements (not through the SAC).
- Step 1: RAD Application at www.RADresource.net.
- Step 2: PHA Plan.
- Step 3: Concept Call with HUD RECAP (prior to Financing Plan submission).
- Step 4: Submit Plan for attached PBV assistance.
- Step 5: Financing Plan/Section 18 Application Materials.
- SAC Application Materials:
- Units Proposed
- Resident Consultation
- Local Government Consultation
- PHA Annual Plan
- Board Resolution
The SAC will alert the PHA if there are any missing items necessary for the Section 18 application.
- Step 6: Revised CHAP/Amendment of RAC PIC Application/Creation of Section 18 Application.
- Step 7: Apply for TPVs.
- Step 8: Submit Draft PBV HAP contract (HUD 52530-B: PBV HAP Contract – Existing Housing) or AHAP (HUD 52531-A and HUD 52531-B) with the closing package.
Guidance: