h.c. peck & associates, inc. a national land service company relocation under hud section 18...

H.C. Peck & Associates, Inc.A National Land Service Company




RelocationRelocation Under HUD Section 18 Under HUD Section 18

(P.S. - it’s not the URA(P.S. - it’s not the URA))

Lee Satterfield Hamre, SR/WA, R/W-RAC President – H.C. Peck & Associates, Inc.

IRWA Federal Agency UpdateJanuary 14, 2009





Section 18

What is Section 18?

Refers to Section 18 of United States Housing Act of 1937

Amended by Quality Housing and Work Responsibility Act (QHWRA) of 1998

Governs Public Housing Agency activities to demolish or dispose of part or all of a public housing project

All interests, Source: HUD Handbook 1378 Appendix 33




H.C. Peck & Associates, Inc.A National Land Service CompanySection 18

Activities Covered Under Section 18:

Any demolition or disposition of public housing

Demolition of public housing units using Capital funds under Section 9(d)(F)




H.C. Peck & Associates, Inc.A National Land Service CompanySection 18

Activities NOT Covered Under Section 18:

Acquisition or rehabilitation activities undertaken by PHAs

Displacement caused by acquisition or rehabilitation of real property for federally funded project covered by URA

Activities that are excepted by regulation or statute





Section 18

Relocation Assistance under Section 18

Relocation Plan required

Payment of actual and reasonable relocation expenses to residential tenants

Generally, no assistance to displaced businesses

Comparable Housing (no Replacement Housing Payment)

90-Day Notice

Counseling (Necessary and Mobility)




H.C. Peck & Associates, Inc.A National Land Service CompanySection 18 versus URA

Regs: URA – 49 CFR Part 24

Sec. 18 – 24 CFR Part 970

Definitions: URA regs – 4 pages

Sec. 18 regs – 1 1/3 columns

Content: URA relocation – 22 pages

Sec. 18 relocation – less than 1 page





Replacement Housing

URA:Offer Comparable – similar public assistance

(voucher, project based or public housing unit) or from private market if similar not available

Section 18 : Provide Comparable – voucher, project based

or public housing unit





Replacement Housing Payments

URA:

42 month period

Difference between old payment and new; or

Low income based on 30% gross monthly income

Gap payments between old PHA and new subsidized

Section 18 :

No Replacement Housing Payment

No Gap Payment





Required Notices

URA:

General Information Notice (GIN)

Notice of Eligibility or Non-Eligibility at ION

90 day notice to vacate

Section 18 :

90 day notice to move




H.C. Peck & Associates, Inc.A National Land Service CompanyApplication of Section 18

Aurora Housing Project

• Aurora, Colorado

• Sale of 70 scattered site units

• 52 single family homes

• Average occupancy over 6 years




H.C. Peck & Associates, Inc.A National Land Service CompanyApplication of Section 18

Aurora Housing Project, Cont’d.

• Application for Housing Choice Vouchers for displaced residents

• No other PHA units available

• AHA supporting residents to purchase their home or another property




H.C. Peck & Associates, Inc.A National Land Service CompanyAurora Housing Project

Issues:

• AHA had no written policy in place

• Less written guidance available than URA

• Less local HUD guidance available than URA

• Different AHA standards for public housing versus housing choice vouchers

• Some displaced residents ineligible for vouchers

• AHA cannot use monetary payments





Solutions

• HUD is currently preparing guidance

• Assist AHA to prepare Section 18 policies

• Apply uniformly and document

• Use URA sparingly for guidance

• Remember Section 18 created to relieve burden of implementing Uniform Act





Solutions, Cont’d

• Guide AHA to create same standards for public housing and housing choice vouchers

• Residents that cannot be provided with replacement housing cannot be moved

• Those properties cannot be disposed of or demolished

• Identify problems like this early in planning!





Questions andComments

H. C. Peck & Associates, Inc.

4001 Fox Street

Denver, Colorado 80216

(303) 623-6112

(303) 623-6301 Fax

www.hcpeck.com

h.c. peck & associates, inc. a national land service company relocation under hud section 18...

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