REQUIREMENTS
- Determine the PHA has the authority to demolish the proposed units (not more than the lesser of 5 dwelling units or 5 percent of the total public housing dwelling units and limited by the 5-year period, see 24 CFR 970.27(b) for how to count the units)
- Determine that the units meet one of the criteria for demolition outlined in 24 CFR 970.27(c) (the units are “beyond repair” or the space occupied by the units will be used for meeting the service or other needs of the residents such as use of space to construct a laundry facility, community center, child care facility, office space for a general provider or for use as open space or garden)
- Ensure an Environmental Review is done under 24 CFR part 58 or 50
- If the demolition involves an alteration of existing housing facilities, follow the requirements of 24 CFR 8.23
- Include the demolition in the PHA Plan (or significant amendment); follow the PHA plan requirements at 24 CFR part 903 (e.g., including resident consultation and public meeting), and provide certification as described in 970.7(a)(1).
- Consult local government officials and provide evidence in accordance with 24 CFR 970.7(a)(14).
- Secure a Board Resolution approving the de minimis demolition after all resident and local government consultation has been completed.
- Assure the demolition will not jeopardize any agreements that PHA has entered into regarding its public housing units (e.g., Energy Performance Contracting; Capital Fund Financing Program; Operating Fund Financing Program or Rental Assistance Demonstration (RAD) Commitment to Enter into a Housing Assistance Payment Contract (CHAP), Financing Plan or RAD Conversion Commitment (RCC)) or assure that it satisfies the terms and conditions of such agreement before proposing the demolition action.
- Assure the demolition is consistent with all applicable civil rights requirements, including the PHA’s duty to affirmatively further fair housing as demonstrated by compliance under 24 CFR part 903 and its annual certification.
- Consult with the resident advisory board (RAB), resident groups, and any residents who will be displaced, including consultation on where the residents will be relocated (e.g., other public housing units or units in the private market with a voucher)
- Prior to commencing the demolition, submit the applicable information to HUD via the “Inventory Removals Module” of IMS/PIC. Select “De Minimis Demolition” from the drop-down menu. Upload a completed copy of the HUD-52860. Note that the instructions for De Minimis Demolition on Page 9 of the HUD-52860 inadvertently omit the requirement for the PHA to consult its local government officials in accordance with 24 CFR 970.7(a)(14) and step 5 above. Regardless, PHA must still submit evidence of this consultation as part of the IMS/PIC De Minimis Application
IMPORTANT CONSIDERATIONS
If the PHA’s submission meets all applicable requirements including submission of all information, HUD SAC will accept the PHA’s submission and certifications unless HUD has independent information that the requirements for de minimis demolition have not been met. The HUD SAC will provide written review to the PHA before the de minimis demolition action occurs.
Prior to commencing the demolition, if the units are occupied, the PHA must assure that all residents living in the units are provided with housing assistance in accordance with applicable federal laws and requirements. Because Section 18(g), which excepts Section 18 demolitions and dispositions from the Uniform Relocation and Real Property Acquisition Act of 1970 (URA), also applies to de minimis demolitions under Section 18(f). If CDBG or HOME funds are involved in a covered activity, relocated residents may be eligible for assistance under Section 104(d) of the Housing and Community Development Act of 1974. If a PHA is planning on relocating residents with a Section 8 tenant-based voucher, the PHA should confirm that its Section 8 Administrative Plan (24 CFR part 982) provides a priority preference for residents who are displaced by a de minimis demolition. The PHA’s Admissions and Continued Occupancy Policy (ACOP) (24 CFR part 966) and the PHA’s policy regarding mandatory/involuntary transfers (see PIH Occupancy Guide) are also useful resources.
After completing a de minimis demolition under Section 18(f) and 24 CFR 970.27, the PHA must comply with the record-keeping and PIC reporting requirements outlined in the HUD acceptance letter. This includes requesting that the units be put into “Removed From Inventory” (RMI) status in PIC after the actual demolition.
SUBMISSION REQUIREMENTS
All de minimis demolition submissions must be made electronically through PIC.
Submit the following information:
- Environmental Review under Part 50 or 58
- 24 CFR § 970.9: Resident Consultation
- 24 CFR § 970.7(a)(1): PHA Plan (under 24 CFR part 903)
- 24 CFR § 970.7(a)(2): Description of the Property
- 24 CFR § 970.7(a)(12): If PHA is requesting a waiver of the requirement for the application of proceeds for repayment of outstanding debt, the PHA must request such a waiver
- 24 CFR § 970.7(a)(13): Board Resolution, signed after resident and government consultation
- 24 CFR § 970.7(a)(14): Consult local government official and Letter of Support
Required Forms:
- HUD-52860;
- If closing out the public housing unit portfolio or adding public housing units,
HUD-5837 form. Closeout FAQs >
Special Applications Center • US Department of Housing and Urban Development
77 W. Jackson Blvd., Room 2401, Chicago, IL 60604-3507
Phone: 312-353-6236 • Email: SACTA@HUD.gov • Fax: 312-913-8892 • Staff Directory