Yesterday HUD published the much anticipated RAD Notice Regarding Fair Housing and Civil Rights Requirements and Relocation Requirements Applicable to RAD First Component – Public Housing (the “Notice”). The Notice is intended to provide guidance regarding key fair housing and civil rights statutory and regulatory requirements, explain the situations in which HUD is requiring front-end fair housing and civil rights reviews, and provide 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 the First Component of RAD. The Notice is also intended to provide guidance in response to requests for clarity among RAD participants on the review process, including how HUD evaluates whether or not to further invest on a particular site.
The Notice is effective immediately and applies to all projects that have applied for conversion under the First Component of RAD but have not yet converted. The Notice will not affect any front-end civil rights approvals provided by HUD prior to November 10, 2016. However, with respect to relocation activities, where a Financing Plan has been submitted and accepted for full review as of November 10, 2016, an exception from the Notice can be sought and the project may continue to be governed by Notice H 2014-09/PIH 2014-17 with respect to relocation activities, but not with respect to fair housing and civil rights requirements.
HUD is hosting a webinar on the Notice on Thursday, November 17th at 2PM ET and you can register to participate via the following link: https://attendee.gotowebinar.com/register/4139672652250681347
HUD also published a Solicitation of Comment seeking public comment on the Notice with a focus on the clarity of the information provided in the Notice. Comments are due December 14, 2016.
Ballard Spahr will be undertaking a review of the Notice and anticipates posting additional material on the substance of the Notice, as well as submitting comments as necessary. We welcome thoughts of our clients and friends who may be interested in compiling joint comments.