HUD has posted RAD Choice Mobility Guidebook: Effective Implementation of Residents’ Choice-Mobility Rights in RAD Conversions, A Best Practices Guide for PHAs and Owners. “Choice Mobility” affords residents in former public housing units that have been converted under the Rental Assistance Demonstration (RAD) the right to request a regular tenant-based Housing Choice Voucher (HCV) to move to a private market rental unit, but only after they have lived in the RAD unit for either one or two years. HUD and other housing advocates have long known that many residents in RAD-converted properties are not aware of their right to move with a regular HCV. Residents and advocates will benefit from familiarity with the content of the Guidebook, even though it is meant to be a resource for public housing agencies (PHAs) and managers of private HUD-assisted properties that have residents living in RAD units converted to Section 8 Project-Based Vouchers (PBVs) or Section 8 Project-Based Rental Assistance (PBRA).
The concept of Choice Mobility has existed in the regular PBV regulations (24 CFR 983.261) and was extended to RAD to offer RAD households the choice to move elsewhere with a regular, tenant-based HCV. In order to take advantage of Choice Mobility, a RAD household assisted with a PBV must wait one year before requesting a move with an HCV (called a “Choice-Mobility Voucher” in this RAD context). That one-year period begins 12 months from the date a Housing Assistance Payment (HAP) contract was issued for their unit, or 12 months from the household’s move-in date – whichever is later (see the RAD Notice, section 1.6.D.8). If a RAD household is assisted with PBRA, the household must wait two years before requesting a move with an HCV (Choice-Mobility Voucher). That two-year period begins 24 months from the date a HAP contract was issued for their unit, or 24 months from the household’s move-in date – whichever is later (see the RAD Notice, section 1.7.C.5).
According to the Guidebook (pages 5, 9, and 16), if a household with a Choice-Mobility Voucher does not ultimately use it to lease a unit within a PHA’s prescribed search time (generally 60 to 90 days, but sometimes up to 120 days), the household retains the right to stay in its RAD unit and remains eligible for Choice Mobility in the future. The Guidebook states that it is a “best practice” for a PHA to ensure that RAD residents are informed that they can make multiple requests to receive a Choice-Mobility Voucher and conduct other searches to find a home to rent with a Choice-Mobility Voucher in the future. This information in the Guidebook is welcome because neither the RAD Notice nor the regular PBV regulation clearly indicates that such an open-ended situation exists for a Choice-Mobility Voucher.
The Guidebook (page 16) reminds PHAs that the RAD Notice specifies that even before a PHA submits an application to HUD to convert public housing under RAD, the PHA must provide residents with a RAD Information Notice (RIN) that includes, among other information, residents’ right to request a Choice-Mobility Voucher. After residents are provided a RIN but before a PHA submits a RAD application, the RAD Notice also requires the PHA to hold two meetings with residents to discuss conversion plans, residents’ rights, and Choice-Mobility. After HUD issues a RAD Conversion Commitment (RCC) but before RAD project conversion closes (i.e., is complete), the RAD Notice requires a PHA to notify residents again about the Choice-Mobility procedures.
After converting to RAD, PHAs are encouraged to give residents plain-language written notices about their Choice-Mobility rights at least annually, including during income recertifications. Four months before a household becomes eligible for a Choice-Mobility Voucher, PHAs are encouraged to give the household notice of their impending eligibility to apply for a Choice-Mobility Voucher. It is a best practice to provide new residents with information about Choice Mobility at lease-signing. (See pages 10 and 17.)
PHAs should also help residents understand that moving with an HCV might ultimately lead them to pay more than 30% of their adjusted household income for rent and utilities, and that an HCV landlord can choose not to renew a lease after one year, meaning the household will have to search for another home to lease with its HCV.
PHAs are encouraged to create and maintain a priority list for residents’ Choice-Mobility requests that is separate from the regular HCV waitlist. Choice-Mobility requests must be ranked in the order that they were received. PHAs must give automatic priority for available turnover vouchers to RAD residents before serving residents on the regular HCV waitlist. However, a RAD resident does not have priority over a non-RAD PBV resident; a PHA should provide a Choice-Mobility Voucher to a household (whether a RAD, non-RAD PBV, or RAD PBRA household) based on the date and time of its request. (See pages 11 and 12.)
The RAD Notice allows a PHA or owner to place a limit on the number of turnover HCVs that can be made available for Choice-Mobility Vouchers in situations when demand for them is high (see pages 13 and 14 of the Guidebook for details).
The Guidebook includes an appendix containing eight short documents, including a sample Choice-Mobility information sheet for residents and a sample Choice-Mobility Voucher request form for residents.
Read the RAD Choice Mobility Guidebook at: https://tinyurl.com/36kd7wyb
More information about RAD is on page 4-46 of NLIHC’s 2023 Advocates’ Guide and on NLIHC’s public housing webpage.
Find HUD’s RAD webpages for residents at: https://www.hud.gov/RAD/residents