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Section 18

Relocation Under HUD Section 18 (P.S. - it’s not the URA ) Lee Satterfield Hamre, SR/WA, R/W-RAC President – H.C. Peck & Associates, Inc. IRWA Federal Agency Update January 14, 2009. Section 18. What is Section 18? Refers to Section 18 of United States Housing Act of 1937

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Section 18

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  1. Relocation Under HUD Section 18(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

  2. 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

  3. Section 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)

  4. Section 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

  5. 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)

  6. Section 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

  7. Section 18 versus URA 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

  8. Section 18 versus URA 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

  9. Section 18 versus URA 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

  10. Application of Section 18 Aurora Housing Project • Aurora, Colorado • Sale of 70 scattered site units • 52 single family homes • Average occupancy over 6 years

  11. Application 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

  12. Aurora 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

  13. Aurora Housing Project 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

  14. Aurora Housing Project 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!

  15. Questions andComments H. C. Peck & Associates, Inc. 4001 Fox Street Denver, Colorado 80216 (303) 623-6112 (303) 623-6301 Fax www.hcpeck.com

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