Introduction: RAD/PACT Program

The Legal Aid Society

Public Housing Unit

2024

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The Legal Aid Society

Public Housing Unit

PACT Helpline: 212-298-3450

E-mail: publichousingunit@legal-aid.org

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Ayana Heyward

Martha Carrasquillo

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RAD/PACT: What? How? and Why?  

1. RAD stands for Housing and Urban Developments (HUD) Rental Assistance Demonstration

In 2012, HUD launched the RAD program funded by Section 8. Instead of a voucher system for tenants, RAD disburses funding to public housing authorities to enter into long term leases with private developers. Under RAD, HUD still subsidizes the tenants’ rent payments and the local housing authority provides a subsidy to the developer. Developers renovate housing authority-owned properties with their own capital, and retain private property management companies to operate the developments.

2. PACT stands for Permanent Affordability Commitment Together Program

To utilize RAD funds, the New York City Housing Authority launched the PACT program in May 2015. Under the PACT program, the NYCHA continues to own its housing portfolio but leases its buildings to private developers, who in turn renovate them and manage day-to-day operations. (Baez v. New York City Housing Authority, --- F.Supp.3d ---- (2021) )

3. Section 9 v. Section 8

Section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437) establishes Public housing to provide decent and safe rental housing for eligible low-income families, the elderly, and persons with disabilities. (Statute and Regulations | HUD.gov / U.S. Department of Housing and Urban Development (HUD) ).�

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Why RAD/PACT?

• The New York City Housing Authority (NYCHA) needs more than $78 billion to fully restore and renovate all of its buildings, but the federal government has provided only a fraction of the funding needed for these improvements. PACT is a critical tool that, through partnerships with private and non-profit development partners, allows NYCHA to not only modernize homes but also provide enhanced community services and amenities. PACT News

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• The PACT program converts NYCHA developments from Section 9, public housing to private management funded by Section 8. The conversion from Section 9 to Section 8 opens additional funding to complete long overdue repairs and renovations in public housing.

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Under PACT: Tenant's Rights

• Tenants will not be re-screened before signing the new PACT lease.
• Upon conversion which is when all parties sign the new lease: PACT partners and tenant, NYCHA Public Housing leases will be terminated and the new leases with the private management will be in effect. Tenants will receive a notice stating their public house lease has been terminated.
• Eligible tenants will receive Project-Based Section 8 and continue to pay 30% of their total adjusted gross household income.
• Residents will continue to have access to income adjustments as per NYCHA Section 8 rules and regulations, which currently include medical expense deductions, childcare expense deductions, and Earned Income Disallowance, among others.
• Tenants will have the right to renew leases and add individuals to their lease. Individuals who are on the household lease will have rights to succeed to the apartment in the event of death or vacate of the Tenant of Record (head of household).

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Under PACT: Grievances and Pet Registration

• Grievances: Tenants have a right to file a grievance related to the Section 8 subsidy, including rent and reasonable accommodations, that are heard by NYCHA Leased Housing Department (LHD). Grievances against the PACT Property Manager will be held by the PACT property manager. Residents can start a grievance related to topics such as decisions made about transfer requests within the development, challenging denials to physical modifications of the building and/or rental unit as part of an accommodation for a disability, challenging the imposition of charges for maintenance and repairs.

*PACT partners must follow NYCHA’s grievance procedure guidelines, and NYCHA’s LHD will follow the guidelines outlined in the Section 8 Administrative Plan.

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• Pet Registration: All PACT partners will adopt NYCHA’s pet policy as a minimum standard. Pets registered with NYCHA before conversion will remain if the owner continues following the pet policy.

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Under PACT: Utilities and Transfers

• If tenants pay for utilities, then you will continue to pay for the utilities. Utility allowances will be provided to residents where applicable. Tenants will continue to pay fees for appliances (washing machines, freezers, air conditioning unit) at the same rate under public housing. Ex: air conditioning fees are added onto the rent at $8/month, tenants will continue to pay that amount under the new management.
• Tenants have the right to transfer; upon conversion transfers are limited to within the development (tenants cannot transfer to other NYCHA developments). 1 year after conversion, tenants can apply for a portable Section 8 voucher (aka choice mobility voucher), which allows tenants to find an apartment in the private rental market or use at another PACT development. Vouchers will be provided if available. Tenants can request an emergency transfer at any time for circumstances such as domestic violence or reasonable accommodation.
• Tenants have the right to remain in their apartments during construction and the right to return if they are relocated.
• Social Services, job training and opportunities will be provided for residents.

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Under PACT: Relocation 

• Renovations are expected to be carried out while the tenant remains in place. Tenants may also be temporarily relocated due to renovations that may affect their health and safety. Tenants have the right to return. The move will be temporary not permanent. If moves are not required tenants will remain in place during the renovations.
• Tenants will receive assistance with relocating from their current unit to the temporary unit. Services will be paid for by the new property manager. Temporary move agreements will be provided.
• Tenants will be provided with packing materials and assistance (packing assistance will be provided if requested). A private moving company will move your belongings to your temporary unit and move them back when renovations are complete.
• Storage will be provided if necessary. Cost associated with disconnection and/or reconnection of utilities will be reimbursed to you or paid directly to the utility company by the new property manager.
• Tenants are required to continue to pay rent during temporary relocation which remains at 30% of their household’s adjusted gross income.
• Before relocation, the property manager must notify you in writing of the need to relocate, provide and discuss the relocation plan, agreement, and your rights.
• The property manager CANNOT use any tactics to pressure you into giving up your right to return to the property or accept permanent relocation.
• Tenants have the right to return to their original apartment once repairs are complete

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Changes

• Tenants will contact the new property manager regarding repairs. If repairs are not addressed and corrected tenants can submit complaints to the Department of Housing Preservation and Development (HPD) by calling 311. If complaints are not resolved in a reasonable amount of time or affect the resident community, reports can be brought to NYCHA’s attention. NYCHA will appoint a contact person to receive and address the complaints. Remember NYCHA is still responsible for any issues within your apartment and/or building until the development officially converts under PACT.
• Contacting NYCHA: As a PACT resident, you must now contact NYCHA’s Leased Housing Department directly. The Leased Housing Department is responsible for your Section 8 voucher, annual and interim recertification, calculating your rent, and transfers. If your income or family composition changed, need assistance with completing the annual recertification, need to add/remove a family member, disagree with your rent share, want a transfer, require a reasonable accommodation, you may contact NYCHA LHD through the Customer Contact Center at: CCC: Phone: 718-707-7771, Online: http://selfserve.nycha.info or in person: 787 Atlantic Ave, 2nd Floor Brooklyn, NY 11238.

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PACT Pilot Program

This pilot program provides a limited opportunity for unauthorized occupant households who did not sign a PACT lease at the time the property converted to project-based Section 8 to obtain authorized status and begin receiving Section 8 assistance.

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This is an application process.

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PACT Pilot Program: Eligibility and Requirements

• Unauthorized occupants where there's an active Tenant of Record (TOR) /Head of Household (HOH). These unauthorized occupants will be added to the active public housing household through the standard process prior to conversion.
• Former public housing TORs and unauthorized occupants where the tenancy was terminated solely based on charges of chronic rent delinquency provided the household now does not owe more than three months of use and occupancy for the public housing unit
• Unauthorized occupants where the TOR has died or vacated the public housing unit. This includes cases where a request for remaining-family member status has already been denied. ₋ Public housing property management will work to identify these households and conduct outreach prior to conversion.
• Must not owe more than three months of use and occupancy for the Unit, Must have occupied the unit for at least six months prior to (1) the conversion date or (2) the date the public housing tenant of record died or vacated the unit; and the date the property converted to project-based Section 8 and continues to occupy the unit at time the request is received by NYCHA.

Source: New York City Housing Authority PACT Transition Pilot Program: Pathway to Authorization Leased Housing Department February 2022

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New York City Housing Authority �Developments in the PACT pipeline

• There are 36 Projects in the PACT Pipeline. (See: PACT_Dataset.pdf )
• Projects are located within the 5 boroughs and consist of a development or various developments combined into one bundle.
• Each development may contain multiple buildings within their development. (Also see: PACT Interactive Map App Large)
• The Public Housing Unit (PHU) is actively assisting and advocating for tenants within 16 of the PACT projects.

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Our work at The Public Housing Unit

• Our PACT Helpine is staffed by 5-Paralegals, 1-Staff Attorney and 1-Supervising Attorney. Callers are instructed to leave a voicemail and will receive a call back promptly.
• PHU is an independent third-party throughut this conversion process
• PHU communicates with Tenant Associations, NYCHA & PACT partners to organize outreach events. We partner with organizers such as New York Communities for Change and Citizen Action of New York to distribute information on trainings available to tenants in PACT developments and communicate with district and senator's offices for development updates.
• PHU provides and facilitates Know York Rights training, Lease Reviews, Q & A's and one-on-one consults known as "tabling" events with tenants who reside in PACT developments.
• From the official launch of PHU in November 2023, we have attended and/or facilitated over 60 meetings.

�Q & A