HUD Releases RAD Civil Rights Requirements Notice
On November 10, HUD released PIH Notice 2016-17 (HA), titled Rental Assistance Demonstration (RAD) Notice Regarding Fair Housing and Civil Rights Requirements and Relocation Requirements Applicable to RAD First Component – Public Housing Conversions. The Notice impacts agencies participating in the First Component of RAD, and explains HUD’s front-end civil rights review process, strengthens tenant rights and protections in the areas of resident notification and increases relocation housing options. According to NAHRO conversations with HUD, the intent of the Notice is to bring transparency and clarity to the RAD conversion process while simultaneously strengthening tenants rights and protections.
The Notice makes certain changes to the RAD timeline which should increase usability of the program. HUD will now begin approving front-end Civil Rights reviews before financial reviews are submitted so that any potential Civil Rights concerns are addressed before funding is secured. The Notice also provides clarity as to the circumstances in which HUD will perform a deep-dive analysis of an agency’s front-end review or not. This information is included to clarify certain requirements set forth in PIH 2012-32 (HA) REV-2, issued June 15, 2015. More information on PIH 2012-32 (HA) REV-2 can be found here (members only).
Although the Notice is around 80 pages, much of it covers existing Civil Rights statutes for RAD participants who may not be familiar with Fair Housing requirements.
The Notice also stresses that “meeting HUD’s process and review requirements never constitutes compliance with such laws. The obligation to comply with applicable Fair Housing, other Civil Rights, and relocation laws remains with the PHA and project owner.”
HUD will host a webinar Q&A on the Notice on Thursday, November 17 from 2-4PM EST. Register here.