HUD has various repositioning strategies available to public housing agencies (PHAs) to provide thousands of families across the country with better-maintained units while creating opportunities to leverage public and private resources, easing administration, and preserving affordable housing. Repositioning from a public housing platform to other forms of HUD rental assistance can help PHAs address rehabilitation and physical needs, as well as place properties on a more stable financial foundation. The Department’s repositioning efforts will provide communities with additional flexibilities to better meet local needs and funding options to achieve long-term viability for their affordable housing. Click here to explore this website.
The Special Applications Center (SAC) enables the Office of Public and Indian Housing to assist Housing Authorities in their efforts to efficiently and effectively meet the housing needs of their communities through the specialized review and approval of non-funded, non-competitive applications, related to:
SAC Actions and Environmental Reviews
All SAC actions (Section 18, Section 22, Section 33, Section 32, Part 200 retentions, and Settlement Agreements for Eminent Domain) require environmental clearance through an environmental reviews (ER) before HUD will approve the action and release the Declaration of Trust (DOT).
• Environmental clearance means HUD’s provision of an Authority to Use Grant Funds (AUGF) following approval by the Responsible Entity (RE) of an ER conducted under 24 CFR part 58 and submission of a Request for Release of Funds/Certification (RROF/C), or final approval from a HUD Approving Official of an ER conducted under 24 CFR part 50. (See PIH Notice 2016-22.) PHAs are responsible for providing the RE or local Office of Public Housing (Field Office) with a full description of the activities in connection with the demolition and/or disposition (including relocation, known future use of the site, use of disposition proceeds) to comply with aggregation requirements. The site re-use is not limited to future actions by the PHA, but includes any future known re-use by future owners.
• ERs must be conducted within the past five years and must contemplate the same project description and scope as proposed as the future use in the SAC application. However, SAC strongly encourages PHAs to have the ER conducted within one year prior to submission of the SAC application, to ensure it fully captures the planned future use and current condition of the property.
• The ER must be completed PRIOR to the submission of the SAC application in IMS/PIC unless the demolition or disposition meets the emergency requirements stated in 58.33 (i.e., there is a Presidentially or locally declared disaster and an immediate need for the proposed action to protect the public safety). In this instance, 24 CFR 58.33 allows for a Notice of Intent to Request Release of Funds (NOI-RROF) and FONSI to be published simultaneously with the submission of the RROF/C 7015.15 to HUD. If the project meets requirements of 24 CFR 58.33, the public comment period and objection period can be held concurrently over one 15-day period. The public notice must state that the public comment and objection periods have been combined. All comments must be submitted to both the RE and HUD. In this case, the RE publishes the public notice AND submits the RROF/C simultaneously. Then the 15-day comment and objection periods are held concurrently, followed by HUD’s approval of the RROF (by issuing the AUGF)(added this to stay consistent with the description above). On a case-by-case basis, if there are timing issues related to the need to obtain HUD approval of the SAC application (i.e., LIHTC closing deadline), SAC may allow a PHA to submit a SAC application during the public comment for the FONSI notice, so that SAC can begin its review of the application. SAC may also allow a PHA to submit an (incomplete) SAC application (i.e., an application without completion of the ER) in order to secure Emergency Tenant Protection Vouchers (TPVs) and issue the families tenant-based HCV assistance. (See Appropriations language for TPVs in PIH Notice 2021-10.) Please contact SACTA@hud.gov.
If, after SAC approval, a PHA’s plans changes and it would like to dispose of the property for a different future use, PHA is required to request that the SAC approval. If the different use is substantially different from the project scope reflected in Environmental Review (ER) that was done pursuant to 24 CFR 970.13 under 24 CFR part 58, PHA must inform the Responsibility Entity (RE) and permit the RE to re-evaluate the ER. If the ER was done under part 50, PHA must inform HUD. It is up to the RE (or HUD) to make a determination as to whether the ER will be updated or a new ER is required (based on the updated project description, project scope, and environmental conditions) (refer to 24 CFR 58.47 for a complete description of the re-evaluation criteria). If a new ER is required, the RE (or HUD) may choose to use the past ER to guide completion of the new ER. If the PHA delays the approved Section 18 demolition or disposition and continues to operate a public housing project, the project is subject to the normal environmental requirements for public housing property. (See PIH Notice 2022-14.) Please contact SACTA@hud.gov.
Note also that if the property will be operated as a federally assisted project (e.g., PBV) following disposition, that would generally require a separate ER (unless both the disposition and PBV use are contemplated in the same ER and the ER completed satisfies the requirements of both programs).
See also “ Public Housing Repositioning: Wednesday Webinar Series - Environmental Review Procedures”