The RAD Relocation Rulebook: Which Requirements Apply to Your Conversion

Housing authorities often treat "relocation" as a single requirement. In a Rental Assistance Demonstration (RAD) conversion it is really a stack of authorities, and the stack you are under depends on how the deal is structured. Getting that right at the start shapes your budget, your notices, and your schedule.

The governing document

For public housing conversions (RAD's "First Component"), HUD's primary relocation guidance is Notice H 2016-17 / PIH 2016-17, the RAD Fair Housing, Civil Rights, and Relocation Notice. It supplements the main RAD Notice and replaced the 2014 relocation notice. Where the two conflict on relocation or civil rights, the 2016 Notice controls. It does not apply to Second Component conversions (Mod Rehab, Rent Supp and RAP properties), which continue to follow the main RAD Notice.

The Notice uses two defined terms that matter throughout: the PHA is the owner before conversion, and the Project Owner is the owner after conversion. Many obligations shift from one to the other at closing.

The four layers

Depending on the transaction, a RAD conversion may be subject to all of the following:

• RAD program relocation requirements: the RAD-specific protections in the Notice, including the right to return, required resident notices, the resident log, and timing limits on when moves can start.
• The Uniform Relocation Act (URA) and its regulations at 49 CFR Part 24. These apply to federally assisted acquisition, rehabilitation, or demolition, and especially relevant when temporary moves run past one year or residents choose to move permanently.
• Section 104(d) of the Housing and Community Development Act, which applies if CDBG or HOME funds are part of the project.
• Fair housing and civil rights laws: the Fair Housing Act, Title VI, Section 504, and the ADA, which apply to every stage of relocation.

HUD is explicit that RAD relocation protections go further than URA alone. Planning only to URA minimums is a common way to end up out of compliance with RAD.

Who is accountable

The Notice places responsibility squarely on the PHA and the Project Owner. They are accountable for compliance whether they carry out relocation themselves or through agents, consultants, contractors, or other members of the RAD team. HUD also notes that consultants and contractors carry their own independent obligations.

Two practical consequences follow. First, hiring a relocation firm does not transfer the risk; it means you need oversight of that firm. Second, HUD's approval of a submission is not a finding of compliance. A front-end review approval lets the project move forward. It does not protect you if something goes wrong later.

Special cases

• Choice Neighborhoods: for properties redeveloped with a CNI Implementation grant, the CNI NOFA's relocation guidance supersedes the relocation sections of this Notice.
• Consequences of non-compliance: HUD can terminate a CHAP, refuse to issue a RAD Conversion Commitment (RCC), or deny authority to convert if fair housing, civil rights, or relocation requirements are not met.

Where to start

Before any resident conversation, document which authorities apply: Is there acquisition? Will any move exceed 12 months? Are CDBG or HOME dollars in the sources? Is there a transfer of assistance? Those answers determine everything that follows in this series.