Every RAD conversion must comply with fair housing and civil rights law. Some conversions also require HUD's Office of Fair Housing and Equal Opportunity (FHEO) to review specific elements before they proceed. Section 5.3 of the RAD Notice lists the activities that trigger this front-end review.
The nine triggers
- New construction in an area of minority concentration.
- A transfer of assistance to a new site.
- Fewer total units after conversion (including de minimis reductions).
- A different unit configuration.
- A change in occupancy type (for example, family to elderly).
- A construction schedule indicating relocation is likely to exceed 12 months.
- New construction or substantial alteration as defined under Section 504.
- A property or PHA subject to a fair housing remedial agreement, conciliation agreement or consent decree.
- Cases where HUD has identified fair housing or civil rights concerns.
A single project can hit several triggers at once. A new construction project on the existing site might trigger five or more.
How the review works
- Submissions use HUD's Fair Housing, Civil Rights and Relocation Checklist, with supporting documentation.
- Each applicable part must be complete to be accepted; partial submissions are not reviewed.
- All applicable parts must be approved before the Financing Plan is submitted. HUD may allow the Financing Plan to go in first at its discretion, but the project then proceeds at its own risk.
- For site-related reviews, information is generally due within 90 days after the CHAP.
Why relocation duration is on the list
Long relocations raise the risk that residents never return, which can have a disparate impact on families with children, people with disabilities, or other protected groups. HUD wants to see that the plan for long relocation protects the right to return and provides comparable, accessible temporary housing.
Practical advice
- Decide early whether your schedule is realistically over 12 months. If it might be, submit for review rather than risk a late trigger.
- Prepare the relocation plan before the checklist submission. The reviewer will ask for it.
- Use FHEO technical assistance before submitting on complex projects.
Sources
Disclaimer: This content is for general informational purposes only and is not legal advice. Do not rely on it as a substitute for advice from a qualified attorney. Reading it does not create an attorney-client or consulting relationship. HUD guidance changes; confirm current requirements with your RAD Transaction Manager and counsel before acting. PHA Consultant is not a law firm and is not affiliated with HUD.