[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: 24CFR972.230]



[Page 564-565]

 

                 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 B_Voluntary Conversion of Public Housing Developments

 

Sec.  972.230  Conversion plan components.



    A conversion plan must:

    (a) Describe the conversion and future use or disposition of the 

public housing development. If the future use of the development is 

demolition or disposition, the PHA is not required to submit a 

demolition or disposition application, so long as the PHA submits, and 

HUD approves, a conversion plan that includes a description of the 

future uses of the development.

    (b) Include an impact analysis of the conversion on the affected 

community. This may include the description that is required as part of 

the conversion assessment.

    (c) Include a description of how the conversion plan is consistent 

with the findings of the conversion assessment undertaken in accordance 

with Sec.  972.218.

    (d) Include a summary of the resident comments received when 

developing the conversion plan, and the PHA responses to the significant 

issues raised by the commenters (including a description of any actions 

taken by the PHA as a result of the comments).

    (e) Confirm that any proceeds received from the conversion are 

subject to the limitations under section 18(a)(5) of the United States 

Housing Act of 1937 (42 U.S.C. 1437p(a)(5)) applicable to proceeds 

resulting from demolition or disposition.

    (f) Summarize why the conversion assessment for the public housing 

project supports the three conditions necessary for conversion described 

in Sec.  972.224.

    (g) Include a relocation plan that incorporates all of the 

information identified in paragraphs (g)(1) through (g)(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 (g)(5) of this section. The relocation plan must incorporate 

the following:

    (1) The number of households to be relocated, by bedroom size, 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 voluntary conversion is not subject to 

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

before displacement. If the voluntary 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 voluntary 

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 will no longer be used as public housing and 

that the family may be displaced as a result of the conversion;

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



[[Page 565]]



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 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) The family 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;

    (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) Additional information required for conversions subject to the 

URA. If the voluntary conversion is subject to the URA, the written 

notice described in paragraph (g)(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 (g)(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 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).

    (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.