Housing Plus

Housing Plus

Guidance and legal insight for all aspects of housing and community development

By the Housing Group at Ballard Spahr

Category Archives: RAD

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HUD Secretary States: RAD – “We need to lift the cap”

Posted in Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Policy, Public Housing, RAD, Uncategorized
At the National Housing Conference 2017 Annual Policy Symposium on June 9, 2017, HUD Secretary Ben Carson delivered the keynote address and participated in a Q&A session with Chris Estes, President and CEO of NHC.  While much of the keynote address focused on homeownership issues, remarks made during the Q&A included such topics as the… Continue Reading

TOMORROW – June 1st – Revised RAD Forms Must Be Used

Posted in Public Housing, RAD, Section 8
Earlier in May, HUD received approval from the Office of Management and Budget of the final, revised form RAD documents. HUD had previously solicited two rounds of public comment as part of the Paperwork Reduction Act process.  Ballard’s comments to HUD’s first solicitation of comments can be found here and our comments to the second round here. The final,… Continue Reading

McClain Weighs in on Potential Effect of Trump Budget Cuts on Affordable Housing

Posted in Budget, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, RAD, Uncategorized
In an interview with U.S. News and World Reports on “The Future of Affordable Housing in the Trump Era,” Amy McClain, who leads Ballard Spahr’s government-assisted housing practice (and is a frequent Housing Plus blogger), cautions that while she doesn’t expect budget cuts to be as severe as those proposed, funding for affordable housing is under… Continue Reading

Ballard Spahr and CSG Advisors Host Another Informative Western Housing Conference

Posted in Budget, FHA and GSE Financing, FHA-Insured Financing, Government-Assisted Housing, GSE Financing, Legislative Initiatives, Policy, Public Housing, RAD, Tax Credits
Last week, Ballard Spahr in conjunction with CSG Advisors hosted its 7th Annual Western Housing Conference in Phoenix, Arizona. The Conference brought together a wide range of public and private housing professionals facilitating a dynamic conversation on current developments in government-assisted housing. The Conference opened with a “Washington Update” – a discussion on housing policy… Continue Reading

RAD closing deadlines for CY 2017

Posted in Government-Assisted Housing, Public Housing, RAD, Section 8
HUD’s Office of Recapitalization recently released a memo to all CHAP awardees setting forth closing deadlines for CY 2017 RAD transactions. Awardees should be especially  mindful of these intermediate deadlines to ensure that their RAD projects can be promptly processed.   Step Deadline to close by June 30, 2017 Deadline to close by Nov. 30, 2017 Deadline to close by Dec. 31,… Continue Reading

Recap of HUD’s Early January Guidance

Posted in Government-Assisted Housing, Policy, Public Housing, RAD, Section 8
Earlier this month, the US Department of Housing and Urban Development (HUD) issued a number of final rules and notices as summarized below. Final Rules HUD Revises Lead-Based Paint Regulations Effective on February 3, 2017, HUD’s final rule amends the agency’s Lead Safe Housing Rule currently at 24 CFR Part 35. Changes to the lead-based… Continue Reading

HUD Publishes Further Revisions to RAD Notice

Posted in Community Development, Fair Housing, Government-Assisted Housing, Low Income Housing Tax Credits, Public Housing, RAD, Section 8, Tax Credits
In an announcement on January 12th, the U.S. Department of Housing and Urban Development (HUD) published a significant third revision to the Rental Assistance Demonstration (RAD) Notice (PIH 2012-32/ H 2017-03 Rev-3). According to HUD, the RAD notice was revised in order to maintain the increased pace of RAD transactions in a manner that is… Continue Reading

HUD Publishes Guidance on Disposition of Particular Public Housing Property

Posted in Public Housing, RAD
On November 29, 2016, HUD published Notice PIH 2016-20 (HA) on the subject 2 CFR 200.311(c)(1) Disposition Instructions for the Public Housing Agency (PHA) Retention of Certain Public Housing Real Property (that is no longer used or was never used for public housing dwelling purposes) Free from Public Housing Use Restrictions (the “Notice”).  The Notice… Continue Reading

In Case You Missed It: A Recap of Recent HUD Activity

Posted in Community Development, Fair Housing, Government-Assisted Housing, Policy, Public Housing, RAD, Section 8
HUD has been quite active this month publishing a variety of new rules and housing notices. The following is a list of some of HUD’s most recent guidance. PIH Notice 2016-18 (HA): Guidance on Full Flexibility for Eligible Small PHAs For certain public housing authorities (PHAs) with less than 250 public housing dwelling units, this… Continue Reading

HUD Publishes Much Anticipated RAD Notice on Fair Housing, Civil Rights and Relocation Requirements

Posted in Fair Housing, Policy, RAD
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… Continue Reading

Join us for our Eleventh Annual National Housing Conference in Washington, D.C.

Posted in Budget, Fair Housing, FHA and GSE Financing, Government-Assisted Housing, Housing Bonds, Legislative Initiatives, Policy, Public Housing, RAD, Section 8, Tax Credits
Ballard Spahr is committed to facilitating and leading the conversation within the affordable housing community, which makes us thrilled to announce our Eleventh Annual National Housing Conference in Washington, D.C., from November 3 to 4. This two-day, complimentary event features engaging discussions, panel presentations, special insights, and networking opportunities with the key influences and power… Continue Reading

Ballard Spahr provides comments to HUD’s proposed revisions to RAD documents

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, RAD
As a follow-up to our March 24, 2016 post, on May 16, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) on proposed revisions to documents used in the Rental Assistance Demonstration (RAD) Program, including the Housing Assistance Payments (HAP) contracts, RAD Use Agreement, RAD Conversion Commitment, and Financing… Continue Reading

HUD issues deadlines for RAD closings in CY2016

Posted in Government-Assisted Housing, RAD
Earlier this week HUD issued the following memo, which sets deadlines for RAD closing in CY2016. For efficient closing of RAD transactions in November and December, public housing authorities and developers should remain mindful of these processing deadlines. Planning ahead and incorporating the following issuance dates into operating schedules will help ensure your projects advance… Continue Reading

HUD soliciting public comments on revised and new RAD forms

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, RAD
On March 17, 2016, HUD published a notice in the Federal Register to announce that  as part of the process to renew the use of the form documents used under both the 1st and 2nd Component of its Rental Assistance Demonstration (RAD) Program, HUD is soliciting public comment on the revised,  and in some cases,… Continue Reading

OIG audit finds RAD risk assessment inadequate

Posted in Government-Assisted Housing, Policy, Public Housing, RAD
The HUD Office of Inspector General (the “OIG”) recently released an audit of the front-end assessment (“FERA”) undertaken for the Rental Assistance Demonstration’s (the “Demonstration”) first, or public housing, component. A FERA is a formal review by the applicable program office to determine a new program’s susceptibility to waste, fraud, abuse, and mismanagement and to… Continue Reading

Elements of RAD — transfers of assistance

Posted in Government-Assisted Housing, Policy, Public Housing, RAD
For the next blog installment summarizing a key element discussed during Ballard Spahr’s recent RAD webinar, following is an overview of the special conditions that apply to the transfer of assistance from an existing public housing site to a new property.  Generally, the HUD Notice PIH 2012-32, REV-2 (RAD Notice) applies the following to any transfer of assistance: the… Continue Reading

Elements of RAD discussed during the Ballard Spahr webinar

Posted in Government-Assisted Housing, Public Housing, RAD
A number of essential points arising under HUD’s Notice PIH 2012-32, REV-2  were discussed during Ballard Spahr’s webinar, HUD’s Revised RAD Notice — What it Means for Closed and Future Projects.  As a follow-up to the webinar, Housing Plus will be posting a series of blogs summarizing key points of discussion about the RAD Notice.  Our first addresses… Continue Reading

Requirements schedule for closing RAD transactions in CY 2015

Posted in FHA and GSE Financing, FHA-Insured Financing, Government-Assisted Housing, Public Housing, RAD
For efficient closing of RAD transactions by December 31, 2015, public housing authorities and developers should remain mindful of the Office of Recapitalization’s recently released processing deadlines. Planning ahead and incorporating the following issuance dates into operating schedules will help ensure your projects advance in a timely manner: Upload all required Financing Plan documents no… Continue Reading

Join us for a free RAD webinar exploring the recent Revised Notice

Posted in Community Development, Government-Assisted Housing, Policy, RAD
HUD recently published a Revised Notice for the growing Rental Assistance Demonstration (RAD) program. The Notice clarifies long-term project funding eligibilities and provides guidance on the overall conversion process, the points of which are detailed on our blog. The Ballard Spahr RAD team is excited to announce a free webinar luncheon event on July 14 that… Continue Reading

HUD publishes impactful Revised Notice for RAD

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, RAD
HUD published revised Rental Assistance Demonstration (RAD) Notice, PIH 2012-32, REV-2, on Monday, June 15. The Notice addresses stakeholder feedback on RAD’s transactional and operational issues, and also incorporates key changes to the program’s Congressionally-authorized unit cap expansion from 60,000 to 185,000 conversions. Some of the most notable revisions include clarifications to long-term project funding… Continue Reading

Thomas R. Davis appointed as the new Director of HUD’s Office of Recapitalization

Posted in Government-Assisted Housing, Low Income Housing Tax Credits, Multifamily, Public Housing, RAD
Last week, HUD’s Office of Multifamily Housing Programs announced Thomas R. Davis as the new Director of the Office of Recapitalization. Mr. Davis will oversee the Office’s efforts to further financial stability and viability for the preservation and recapitalization of affordable housing. The Office’s key programs include Mark-to-Market (M2M), Section 236 Preservation, Senior Preservation Rental… Continue Reading

Looking forward to the annual conference of the ABA Forum on Affordable Housing and Community Development Law

Posted in Community Development, FHA and GSE Financing, Government-Assisted Housing, Policy, Public Housing, RAD, Tax Credits
From May 20-22, a handful of our bloggers will speak at the ABA Forum on Affordable Housing and Community Development Law in Washington, D.C. – an annual meeting that brings together pertinent developments, resources, strategies, and insights within the affordable housing and community development law community. Molly R. Bryson, one of the Conference Planning Chairs, will… Continue Reading

Congress hears testimony on public-private partnerships in affordable housing

Posted in FHA and GSE Financing, Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Policy, Public Housing, RAD, Section 8
Would private developers build affordable housing if there were no government subsidies? Rep. Mike Capuano (D-MA) and his colleagues explored that question and other topics during a House Financial Service Subcommittee hearing held last Thursday on private sector participation in affordable housing programs. The hearing covered a wide range of housing programs that help leverage… Continue Reading

El Paso RAD transaction converting 1,590 units at 13 sites closes

Posted in Housing Bonds, RAD, Supportive Services, Tax-Exempt Bonds
On April 9, 2015, the Housing Authority of the City of El Paso (HACEP) and its development, private equity and lending partners closed Phase I of the largest Rental Assistance Demonstration (RAD) project in the country. Hunt Development Group has joined HACEP in undertaking the development, preservation and rehabilitation of all of the 1,590 existing… Continue Reading