RAD Guidance Accessibility Requirements. Federal accessibility requirements apply to all conversions – whether they entail new construction, alterations, or existing facilities. The laws that most typically apply include Section 504 of the Rehabilitation Act of 1973 (Section 504), the Fair Housing Act (FHAct) and the Americans with Disabilities Act (ADA). Although the requirements of each of these laws are somewhat different, PHAs must comply with each law that applies. All three laws typically apply to new construction. Section 504 and the ADA also apply to alterations and substantial rehabilitation as defined in 24 CFR 8.22 and 8.23 and to existing, unaltered facilities (24 CFR 8.24). See also 28 CFR 35.151(b) and 28 CFR 36. When a project’s rehabilitation meets the definition of a “substantial alteration” under 24 CFR Part 8.23, a PHA must comply with all applicable accessibility requirements under Section 504. For some projects, “other alterations,” as defined in Section 504, are made over time. If other alterations, considered together, amount to an alteration of an entire dwelling unit, the entire dwelling unit shall be made accessible. This provision does not preclude a PHA from receiving tenant protection vouchers for a property that has also received a Choice Neighborhoods Implementation grant. Where a PHA is planning to use RAD conversion in conjunction with new construction, the project must comply with all applicable accessibility requirements for new construction. The specific requirements are set out in regulations at 24 CFR part 8, 28 CFR part 35 and 36, and 24 CFR part 100, subpart D. Information on the design and construction requirements of the Fair Housing Act that are applicable to new construction is found at www.fairhousingfirst.org. PHAs are encouraged to use universal design principles, visitability principles, and active design guidelines in planning retrofit and new construction work, wherever feasible. However, adherence to universal design principles does not replace compliance with the accessibility requirements of Section 504, the ADA, and the Fair Housing Act. Site Selection and Neighborhood Standards. Where a PHA is planning to convert assistance under RAD, the PHA must comply with all applicable site selection requirements as set forth in this Notice and in accordance with any additional applicable guidance provided by HUD. Site selection requirements set forth at 24 CFR § 983.57 shall apply to RAD conversions to PBV assistance and site selection requirements set forth at Appendix III shall apply to RAD conversions to PBRA assistance. Site selection must be consistent with the requirements of the Fair Housing Act, Title VI of the Civil Rights Act of 1964 including implementing regulations at 24 CFR § 1.4(b)(3), Section 504 of the Rehabilitation Act of 1973 including implementing regulations at 24 CFR § 8.4(b)(5), and the Americans with Disabilities Act. Choice Neighborhoods Implementation projects are subject to the site and neighborhood standards published in the applicable NOFA. It is the PHA’s responsibility to ensure that the site selection complies with the requirements of this Notice; the PHA must certify with the submission of its Annual Plan or Significant Amendment to its Annual Plan that it complies with the applicable site selection requirements. HUD will conduct a front-end civil rights review of the PHA’s proposed site in certain

circumstances. For conversions of assistance that involve new construction that is located in an area of minority concentration (whether on the existing public housing site or on a new site), HUD will conduct a front-end civil rights review of the site to determine whether it meets one of the conditions that would allow for new construction in an area of minority concentration. Under its Site and Neighborhood Standards, HUD may approve new construction in an area of minority concentration, consistent with the regulatory requirements cited above, provided that: i. the new construction is located in a neighborhood experiencing significant private investment that is demonstrably improving the economic character of the area (a revitalizing area); or ii. there are sufficient comparable housing opportunities in areas outside of minority concentration. In determining if the project meets the requirements above, HUD may consider such factors as: whether the locality has a demonstrated commitment to revitalization that includes or is in addition to the RAD conversion; whether the neighborhood shows signs of revitalizing, through indicators such as declining census tract poverty rates, low or declining violent crime rates or evidence of increased educational opportunity; or whether there is high private and public investment in retail, commercial or housing development that is already occurring or will imminently occur in the area. A PHA must receive prior written approval from HUD following the review that HUD has accepted the PHA's certification and supporting documentation prior to entering into binding commitments for new construction. A determination that a site fails to meet these requirements will be grounds for disapproval of a Financing Plan. HUD acceptance of a site that the PHA has determined to meet the site and neighborhood standards is not a determination of compliance with the duty to affirmatively further fair housing or other fair housing and civil rights requirements. HUD approval of the sites for one or more RAD conversions does not indicate approval of the PHA’s or locality’s overall housing strategy. A PHA that does not promote fair housing choice outside areas of minority concentration and continues to site affordable housing in minority concentrated areas may be in noncompliance with the duty to affirmatively further fair housing and other fair housing and civil rights obligations. The PHA is responsible for ensuring that its RAD conversion, including any associated new construction, is consistent with its certification to affirmatively further fair housing and complies with civil rights laws. Change in Unit Configuration. Where a PHA is proposing to change the unit configuration as part of the conversion, the PHA must demonstrate that the change in bedroom distribution will not result in the involuntary permanent displacement of any resident and will not result in discrimination based on race, color, national origin, religion, sex, disability, or familial status. For example, if three and four-bedroom units are replaced with one and two-bedroom units, the conversion may, but in not all cases, result in discrimination against families with children.

HACCC Administrative Plan Guidance Compliance With PBV Goals, Civil Rights Requirements, And HQS Site Standards [24 CFR 983.57(B)] HACCC may not select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an agreement to enter into a HAP contract or HAP contract for units on the site, unless HACCC has determined that PBV assistance for housing at the selected site is consistent with the goal of de-concentrating poverty and expanding housing and economic opportunities. The standard for de-concentrating poverty and expanding housing and economic opportunities must be consistent with the HACCC's Agency Plan under 24 CFR 903 and HACCC's administrative plan. In addition, prior to selecting a proposal, HACCC must determine that the site is suitable from the standpoint of facilitating and furthering full compliance with the applicable Civil Rights Laws, regulations, and Executive Orders, and that the site meets the HQS site and neighborhood standards at 24 CFR 982.401(l). HACCC Policy It is HACCC's goal to select sites for PBV housing that provide for de-concentrating poverty and expanding housing and economic opportunities. In complying with this goal, HACCC will limit approval to sites for PBV housing in census tracts that have poverty concentrations of 20 percent or less. However, HACCC will grant exceptions to the 20 percent standard where HACCC determines that the PBV assistance will complement other local redevelopment activities designed to de-concentrate poverty and expand housing and economic opportunities in census tracts with poverty concentrations greater than 20 percent, such as sites in:      

A census tract in which the proposed PBV development will be located in a HUDdesignated Enterprise Zone, Economic Community, or Renewal Community; A census tract where the concentration of assisted units will be or has decreased as a result of public housing demolition and HOPE VI redevelopment; A census tract in which the proposed PBV development will be located is undergoing significant revitalization as a result of state, local, or federal dollars invested in the area; A census tract where new market rate units are being developed where such market rate units will positively impact the poverty rate in the area; A census tract where there has been an overall decline in the poverty rate within the past five years; or A census tract where there are meaningful opportunities for educational and economic advancement.

Under no circumstances will HACCC approve PBV assistance in a census tract with a concentration factor greater than 75 percent of the community-wide poverty rate or forty percent, whichever is lower. Existing And Rehabilitated Housing Site And Neighborhood Standards [24 CFR 983.57(D)] HACCC may not enter into an Agreement to enter into a HAP (AHAP) contract nor enter into a HAP contract for existing or rehabilitated housing until it has determined that the site complies with the HUD required site and neighborhood standards. The site must:     

Be adequate in size, exposure, and contour to accommodate the number and type of units proposed; Have adequate utilities and streets available to service the site; Promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; Be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and Be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive.

New Construction Site And Neighborhood Standards [24 CFR 983.57(e)] In order to be selected for PBV assistance, a site for newly constructed housing must meet the following HUD required site and neighborhood standards:   

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The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed; The site must have adequate utilities and streets available to service the site; The site must not be located in an area of minority concentration unless HACCC determines that sufficient, comparable opportunities exist for housing for minority families in the income range to be served by the proposed project outside areas of minority concentration or that the project is necessary to meet overriding housing needs that cannot be met in that housing market area; The site must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non-minority residents in the area. The site must promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; The neighborhood must not be one that is seriously detrimental to family life or in which substandard dwellings or other undesirable conditions predominate; The housing must be accessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and

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Except for housing designed for elderly persons, the housing must be located so that travel time and cost via public transportation or private automobile from the neighborhood to places of employment is not excessive.

ENVIRONMENTAL REVIEW [24 CFR 983.58] HACCC activities under the PBV program are subject to HUD environmental regulations in 24 CFR parts 50 and 58. The responsible entity is responsible for performing the federal environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). HACCC may not enter into an Agreement to enter into a HAP contract nor enter into a HAP contract until it has complied with the environmental review requirements. In the case of existing housing, the responsible entity that is responsible for the environmental review under 24 CFR part 58 must determine whether or not PBV assistance is categorically excluded from review under the National Environmental Policy Act and whether or not the assistance is subject to review under the laws and authorities listed in 24 CFR 58.5. HACCC may not enter into an Agreement to enter into a HAP contract or a HAP contract with an owner, and HACCC, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property or commit or expend program or local funds for PBV activities under this part, until the environmental review is completed. HACCC must supply all available, relevant information necessary for the responsible entity to perform any required environmental review for any site. HACCC must require the owner to carry out mitigating measures required by the responsible entity (or HUD, if applicable) as a result of the environmental review.