[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR972.130]



[Page 557-559]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 972_CONVERSION OF PUBLIC HOUSING TO TENANT-BASED ASSISTANCE--Table 

of Contents

 

      Subpart A_Required Conversion of Public Housing Developments

 

Sec.  972.130  Conversion plan components.



    (a) With respect to any development that is identified under 

Sec. Sec.  972.121 through 972.127, the PHA generally must develop a 5-

year plan for removal of the affected public housing units from the 

inventory. The plan must consider relocation alternatives for households 

in occupancy, including other public housing and Section 8 tenant-based 

assistance, and must provide for relocation from the units as soon as 

possible. For planning purposes, the PHA must assume that HUD will be 

able to provide in a timely fashion any necessary Section 8 rental 

assistance. The plan must include:

    (1) A listing of the public housing units to be removed from the 

inventory;

    (2) Identification and obligation status of any previously approved 

modernization, reconstruction, or other capital funds for the distressed 

development and the PHA's recommendations concerning transfer of these 

funds to Section 8 or alternative public housing uses;

    (3) A record indicating compliance with the statute's requirements 

for consultation with applicable public housing tenants of the affected 

development and the unit of local government where the public housing is 

located, as set forth in Sec.  972.133;



[[Page 558]]



    (4) A description of the plans for demolition or disposition of the 

public housing units; and

    (5) A relocation plan, in accordance with paragraph (b) of this 

section.

    (b) Relocation plan. The relocation plan must incorporate all of the 

information identified in paragraphs (b)(1) through (b)(4) of this 

section. In addition, if the required conversion is subject to the URA, 

the relocation plan must also contain the information identified in 

paragraph (b)(5) of this section. The relocation plan must incorporate 

the following:

    (1) The number of households to be relocated, by bedroom size, and 

by the number of accessible units.

    (2) The relocation resources that will be necessary, including a 

request for any necessary Section 8 funding and a description of actual 

or potential public or other assisted housing vacancies that can be used 

as relocation housing and budget for carrying out relocation activities.

    (3) A schedule for relocation and removal of units from the public 

housing inventory (including the schedule for providing actual and 

reasonable relocation expenses, as determined by the PHA, for families 

displaced by the conversion).

    (4) Provide for issuance of a written notice to families residing in 

the development in accordance with the following requirements:

    (i) Timing of notice. If the required conversion is not subject to 

the URA, the notice shall be provided to families at least 90 days 

before displacement. If the required conversion is subject to the URA 

the written notice shall be provided to families no later than the date 

the conversion plan is submitted to HUD. For purposes of a required 

conversion subject to the URA, this written notice shall constitute the 

General Information Notice (GIN) required by the URA.

    (ii) Contents of notice. The written notice shall include all of the 

following:

    (A) The development must be removed from the public housing 

inventory and that the family may be displaced as a result of the 

conversion;

    (B) The family will be offered comparable housing, which may include 

tenant-based or project-based assistance, or occupancy in a unit 

operated or assisted by the PHA (if tenant-based assistance is used, the 

comparable housing requirement is fulfilled only upon the relocation of 

the family into such housing);

    (C) Any necessary counseling with respect to the relocation will be 

provided, including any appropriate mobility counseling (the PHA may 

finance the mobility counseling using Operating Fund, Capital Fund, or 

Section 8 administrative fee funding);

    (D) Such families will be relocated to other decent, safe, sanitary, 

and affordable housing that is, to the maximum extent possible, housing 

of their choice;

    (E) If the development is used as housing after conversion, the PHA 

must ensure that each resident may choose to remain in the housing, 

using tenant-based assistance towards rent; and

    (F) Where section 8 voucher assistance is being used for relocation, 

the family will be provided with the vouchers at least 90 days before 

displacement.

    (5) If the required conversion is subject to the URA, the written 

notice described in paragraph (b)(4) must also provide that:

    (i) The family will not be required to move without at least 90-days 

advance written notice of the earliest date by which the family may be 

required to move, and that the family will not be required to move 

permanently until the family is offered comparable housing, as provided 

in paragraph (b)(4)(ii)(B) of this section;

    (ii) Any person who is an alien not lawfully present in the United 

States is ineligible for relocation payments or assistance under the 

URA, unless such ineligibility would result in exceptional and extremely 

unusual hardship to a qualifying spouse, parent, or child, as provided 

in the URA regulations at 49 CFR 24.208;

    (iii) The family has a right to appeal the PHA's determination as to 

the family's application for relocation assistance for which the family 

may be eligible under this subpart and URA;

    (iv) Families residing in the development will be provided with the 

URA



[[Page 559]]



Notice of Relocation Eligibility or Notice of Non-displacement (as 

applicable) as of the date HUD approves the conversion plan (for 

purposes of this subpart, the date of HUD's approval of the conversion 

plan shall be the ``date of initiation of negotiations'' as that term is 

used in URA and the implementing regulations at 49 CFR part 24); and

    (v) Any family that moves into the development after submission of 

the conversion plan to HUD will also be eligible for relocation 

assistance, unless the PHA issues a written move-in notice to the family 

prior to leasing and occupancy of the unit advising the family of the 

development's possible conversion, the impact of the conversion on the 

family, and that the family will not be eligible for relocation 

assistance.

    (c) The conversion plan may not be more than a 5-year plan, unless 

the PHA applies for and receives approval from HUD for a longer period 

of time. HUD may allow the PHA up to 10 years to remove the units from 

the inventory, in exceptional circumstances where HUD determines that 

this is clearly the most cost effective and beneficial means of 

providing housing assistance over that same period. For example, HUD may 

allow a longer period of time to remove the units from the public 

housing inventory, where more than one development is being converted, 

and a larger number of families require relocation than can easily be 

absorbed into the rental market at one time, provided the housing has a 

remaining useful life of longer than five years and the longer time 

frame will assist in relocation.