What Is Being Proposed?

Residents currently receiving RAD/PBV assistance who are affected by an approved RAD construction-related relocation could ask to be considered for permanent housing at another OneCanopi RAD/PBV development. Eligible residents would receive a preference on the receiving development’s waiting list, ahead of applicants who do not have that preference, subject to required VAWA emergency transfer protections, accessibility priorities, unit suitability, and other applicable requirements.

What Will Not Change?

Permanent relocation is voluntary. A resident may instead pursue the right to return to an assisted unit at the covered project after construction, consistent with RAD requirements.

No resident is required to waive the RAD Right to Return merely to learn about or request another housing option. Any waiver must be informed, voluntary, and documented separately in writing.

The proposal does not guarantee an available unit or waive eligibility, occupancy, accessibility, or property-specific financing requirements.

The proposed preference is not for ordinary transfers or all applicants; it is limited to qualifying RAD construction-related permanent relocation.

The amendment does not change Housing Assistance Payment (HAP) amounts.

How Comments Will Be Considered

OneCanopi will review comments received during the stated period before submitting the proposed amendment for final consideration by its Board of Commissioners. The proposal may be revised in response to comments or legal and regulatory review. It will not take effect unless and until adopted and all applicable requirements are completed.

The complete proposed policy language appears on the following pages. Please read it before submitting comments.

ATTACHMENT A — COMPLETE PROPOSED CHAPTER 18 POLICY LANGUAGE

Public comment draft. Proposed additions and replacement language; not adopted policy.

Section 18-V.D — Organization of the Waiting List

Proposed Addition: RAD Construction-Related Permanent Relocation

The PHA will continue to maintain separate project-specific waiting lists for RAD PBV developments. An eligible household currently assisted in a OneCanopi RAD PBV development and affected by construction, rehabilitation, or redevelopment under an approved RAD relocation plan may request placement on the waiting list for another OneCanopi RAD PBV development if the household voluntarily elects permanent relocation instead of returning to its original development.

The PHA will record the household on the receiving development’s waiting list and apply the construction-related permanent relocation preference established in Section 18-V.E. Placement under this policy does not authorize the PHA or owner to bypass the receiving development’s waiting list, applicable unit eligibility or occupancy requirements, accessibility priorities, or other federal requirements.

The PHA will maintain a written record of the household’s relocation eligibility, receiving development selection, preference qualification, date of referral, available unit characteristics, and final disposition. The PHA will coordinate referrals with the receiving development’s owner or management agent. No owner may apply this preference except as authorized by the PHA and this Administrative Plan.

The PHA will maintain and update the list of RAD PBV developments covered by its project-specific waiting list policy, including newly converted developments, as applicable.

Section 18-V.E — Selection from the Waiting List

Proposed Replacement: RAD PBV Preferences

The PHA will not offer general admission preferences for the RAD PBV program except for the priorities and preferences expressly described below:

A. VAWA Emergency Transfers. The PHA will continue to give priority to participants moving under a qualifying VAWA emergency transfer from one PBV development to another in accordance with Section 18-VI.E and applicable federal requirements. Nothing in this amendment reduces or delays any legally required VAWA emergency transfer protection.

B. RAD Construction-Related Permanent Relocation Preference. The PHA will establish a preference on the receiving RAD PBV development’s project-specific waiting list for a household that satisfies all of the following conditions:

1. The household is an existing resident receiving RAD PBV assistance at a OneCanopi development undergoing construction, rehabilitation, or redevelopment addressed by an approved RAD relocation plan.
2. The household has been identified by the PHA or its authorized relocation partner as affected by the construction-related relocation activity.
3. The household voluntarily requests permanent relocation to a different OneCanopi RAD PBV development rather than exercising its right to return to the original development.
4. The household receives all applicable relocation notices, counseling, and a meaningful opportunity to consider its options, and any waiver of the right to return is obtained only through a separate, informed, voluntary written consent process consistent with HUD RAD relocation requirements.
5. The household meets applicable requirements for occupancy of the receiving unit and any requirements applicable to the receiving development, including accessibility, bedroom size, and other program or financing restrictions.

Selection order

After satisfying any applicable federal selection requirements, including required accessibility priorities and VAWA emergency transfer protections, qualified households under this preference will be selected ahead of applicants without this preference on the receiving development’s waiting list. When more than one qualified household seeks the same available unit, selection among households with this preference will be based on the date and time the PHA receives the completed written request for permanent relocation preference, subject to applicable unit suitability and fair housing requirements. The PHA will document any legally required exception to this order.

No automatic admission

The preference establishes selection priority only. It does not guarantee a unit, waive eligibility or occupancy standards, override applicable LIHTC or other funding restrictions, or authorize permanent displacement. A household will not be required to surrender its RAD right to return as a condition of being informed about or applying for an alternative housing option. Any relinquishment of that right must be voluntary and effective only in accordance with applicable HUD relocation requirements.

Temporary relocation

Temporary moves under an approved RAD relocation plan are distinct from permanent admissions to another RAD PBV development and are not governed by this permanent relocation preference unless the household independently elects permanent relocation under this section.

Administration

The PHA will ensure that selection is implemented consistently and without discrimination. The PHA will retain documentation of referrals, resident consent, preference determinations, waiting list selection, and owner communications for monitoring and audit purposes.

Implementation and Oversight

This amendment applies prospectively upon its effective date. Before implementation, OneCanopi will complete the 30-day public comment process, consider comments received, obtain Board approval, satisfy any other applicable Administrative Plan, PHA Plan, and HUD-related requirements, and issue written operating instructions to RAD relocation staff, the Tax Credit/Leasing Department, and PBV staff. If any provision conflicts with controlling federal law, the applicable RAD Notice, the RAD HAP contract, or the approved relocation plan, the controlling requirement governs.

How to Comment

Please identify your comments as “Chapter 18 RAD Relocation Preference.” Include the section or issue you are commenting on, if possible. Written comments must be received by the deadline shown on the first page. Comments will be reviewed before final Board action.

NOTICE: This document is a proposed policy for public review. It does not authorize any transfer preference until final approval and implementation.