81 FR 79514 - Rental Assistance Demonstration (RAD) Notice Regarding Fair Housing and Civil Rights Requirements and Relocation Requirements Applicable to RAD First Component-Public Housing Conversions: Solicitation of Comment

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 219 (November 14, 2016)

HUD has posted, on its RAD Web page, a notice providing guidance regarding fair housing, civil rights, and relocation requirements applicable to the first component of RAD, which were previously addressed by HUD in a notice issued on June 15, 2015. The first component of RAD pertains only to the conversion of public housing units. The purpose of the Civil Rights and Relocations Requirements notice is to provide greater guidance for the application of these important requirements governing RAD. While the updated requirements are available and became effective upon posting, HUD solicits comment on today's notice, with respect primarily to the clarity and comprehensibility of the requirements.

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79514-79515]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27348]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5630-N-08]


Rental Assistance Demonstration (RAD) Notice Regarding Fair 
Housing and Civil Rights Requirements and Relocation Requirements 
Applicable to RAD First Component--Public Housing Conversions: 
Solicitation of Comment

AGENCY: Office of the Assistant Secretary for Housing, HUD.

ACTION: Notice.

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SUMMARY: HUD has posted, on its RAD Web page, a notice providing 
guidance regarding fair housing, civil rights, and relocation 
requirements applicable to the first component of RAD, which were 
previously addressed by HUD in a notice issued on June 15, 2015. The 
first component of RAD pertains only to the conversion of public 
housing units. The purpose of the Civil Rights and Relocations 
Requirements notice is to provide greater guidance for the application 
of these important requirements governing RAD. While the updated 
requirements are available and became effective upon posting, HUD 
solicits comment on today's notice, with respect primarily to the 
clarity and comprehensibility of the requirements.

DATES: Comment Due Date: December 14, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice. Communications must refer to the above docket number and 
title. There are two methods for submitting public comments.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW., Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.
    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Individuals who are deaf or hard of hearing 
and individuals with speech impairments may access this number via TTY 
by calling the Federal Relay Service toll-free at 800-877-8339. Copies 
of all comments submitted are also available for inspection and 
downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Claude Dickson, Office of 
Recapitalization, Office of Multifamily Housing, Office of Housing, 
U.S. Department of Housing and Urban Development, Room 6230, email 
[email protected], telephone 202-708-0001 (this is not a toll-free number). 
For information about this rule, persons with hearing- or speech-
impairments may access this number through TTY by calling the Federal 
Relay Service toll-free at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    RAD was created in order to give public housing agencies (PHAs) a 
tool to preserve and improve assisted housing and address the multi-
billion dollar nationwide backlog of deferred maintenance. RAD allows 
public housing agencies to leverage public and private debt and equity 
in order to reinvest in the public housing stock. In RAD, units move 
from the public housing program to a Section 8 platform with a long-
term contract that, by law, must be renewed. This ensures that the 
units remain permanently affordable to low-income households. Once 
transferred to the Section 8 platform, residents continue to pay 30 
percent of their income towards the rent and they maintain the same 
basic rights as they would possess in the public housing program.
    On June 15, 2015, HUD issued a comprehensive notice that provided 
program instructions for RAD, including addressing eligibility and 
selection criteria. (See http://portal.hud.gov/hudportal/documents/
huddoc?id=PIHNotice_2012-32_

[[Page 79515]]

062015.pdf.) The June 15, 2015 notice itself was an update of prior RAD 
program notices issued on July 26, 2012, July 2, 2013, and February 6, 
2014. The June 15, 2015 notice covered both of the RAD program's two 
components. (Component 1 applies only to public housing units that may 
convert to RAD. Component 2 applies to Section 8 Moderate 
Rehabilitation, Rent Supplement, and Rental Assistance Payment 
properties that may convert to RAD.) The June 15, 2015 notice addressed 
fair housing, civil rights, and relocation requirements among the other 
program instructions. However, given the importance of these 
requirements, especially as they apply to the types of transactions 
common in public housing conversions, HUD determined that a notice 
dedicated solely to fair housing, civil rights, and relocation 
requirements was appropriate.
    Today's relocation notice only addresses RAD Component 1. The 
notice explains the situations in which HUD is requiring front-end fair 
housing and civil rights reviews, and provides information regarding 
the types of information that must be submitted to facilitate HUD's 
review of certain fair housing and civil rights requirements in 
connection with public housing conversions under RAD Component 1. The 
notice also includes guidance regarding relocation requirements under 
RAD and reiterates key civil rights- and relocation-related statutory 
and regulatory requirements.

II. Solicitation of Comment

    As noted in the Summary of this notice, today's notice is posted 
and effective but HUD welcomes comments on the notice. The purpose of 
the notice is to provide greater guidance on compliance with fair 
housing, civil rights, and relocation requirements. HUD specifically 
solicits comment on the clarity of the information provided in the 
notice. In the event HUD makes any changes in response to public 
comment, HUD will revise the notice and advise the public of any 
changes made.

    Dated: November 8, 2016.
Edward L. Golding,
Principal Deputy Assistant, Secretary for Housing.
[FR Doc. 2016-27348 Filed 11-10-16; 8:45 am]
BILLING CODE 4210-67-P