HUD PIH Notice § 2020-26
Rental Assistance Demonstration (RAD) - Supplemental COVID-19 Guidance (HUD PIH Notices)
Operative Text
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Public and Indian Housing
Office of Housing
Special Attention of: Notice H-2020-09
Public Housing Agencies Notice PIH-2020-26
Public Housing Hub Office Directors
Public Housing Program Center Directors Issued: 9/18/2020
Multifamily HUB Directors
Multifamily Program Center Directors Expires: This Notice remains
Regional and Field Office Directors in effect until amended,
Regional Administrators superseded, or rescinded.
Performance Based Contract Administrators
Amends: H 2019-09, PIH
2019-23
SUBJECT: Rental Assistance Demonstration (RAD) – Supplemental COVID-19 Guidance
Purpose
This notice provides supplemental program instructions to and amends Notice H-2019-09, PIH
2019-23, Rental Assistance Demonstration – Final Implementation, Revision 4, (RAD Notice)
published on September 5, 2019.
1) CARES Act Operating Fund and RAD. The CARES Act provided an additional
$685,000,000 for the Public Housing Operating Fund to “prevent, prepare for, and respond to
coronavirus, including to provide additional funds for public housing agencies (PHAs) to
maintain normal operations and take other necessary actions during the period that the
program is impacted by coronavirus.” Obligations of CARES Act Supplemental Operating
Fund grant amounts are calculated based on each project’s pro rata Calendar Year (CY) 2020
Operating Fund eligibility at the time HUD obligates the supplemental funds. Per Notice PIH
2020-07, HUD has chosen to obligate these funds to PHAs in a single obligation.
As properties convert through RAD, for the remainder of the first Calendar Year in which a
HAP Contract is effective (the “year of conversion”), HUD obligates Operating Funds and
Capital Funds to the PHA for the Covered Project at the level of public housing subsidy that
the Covered Project would have been eligible to receive absent the RAD conversion. Per
Section 1.13.B.6.ii of the RAD Notice: “The amount of Operating Funds that can be used for
HAP payments during the year of conversion is capped at HUD’s obligations of Operating
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Subsidy to the project for the remainder of the year after conversion, pro-rated by the portion
of units in the PIC Development that are converting and will be removed from PIC.” PHAs
are also permitted to utilize public housing funds as a source of capital in the development
budget to support conversion. (See Section 1.5.A).
This notice describes the eligibility for Covered Projects for a supplemental CARES Act
payment from the CARES Act Operating Subsidy obligation for PHAs with a HAP Effective
date in 2020. If HUD extends the period of performance, the applicability of this provision
will extend to conversions with a HAP effective date before the end of the CARES Act
Supplemental Operating Funds period of performance.
At the PHA’s discretion, Covered Projects are eligible to receive up to the CARES Act
Operating Fund Grant amount provided to the PIC Development, pro-rated only by the
portion of ACC units in the PIC Development that converted and were removed from the
ACC and PIC. CARES Act Operating Funds may only be transferred to a project converted
through RAD in the year of the HAP effective date. The supplemental CARES Act payment
may be used for project operating expenses; capital expenses identified in the covered
project’s development budget, including costs associated with acquisition, demolition and
site preparation, rehabilitation or construction, financing costs, construction or rehabilitation,
and relocation; and costs related to combatting coronavirus as described in Section 6 of PIH
2020-07.
Please note that PHAs may only draw down CARES Act Operating Subsidy for immediate
expenditures. The Owner must provide the PHA a request for funds for an eligible project
expenditure and, upon receipt, immediately expend those funds for that use, then report to the
PHA on the expenditure of those funds. Further, all CARES Act Operating Funds must be
expended during the period of performance, which ends on December 31, 2020 (unless
extended by HUD under separate Notice). HUD will develop a process by which PHAs will
report all expenditures of CARES Act supplemental funds, and will articulate reporting
requirements, to include submission requirements, at a later date.
2) Alternative to Group Resident Meetings. The RAD Notice requires that PHAs and Owners
conduct resident meetings prior to conversion, that they receive and provide response to
comments received during those meetings, and that documentation is maintained and
submitted to HUD. While HUD has allowed PHAs and owners to use technologies to hold
such meetings remotely as necessary to limit the need for public in-person meetings, the
RAD Notice still envisions that such meetings will be held communally. To reduce the need
for in-person contact, by this notice, a PHA or Owner may utilize alternative means to inform
and consult with residents individually or in small groups, particularly residents with limited
access to or acuity with technologies that may be employed in a remote meeting, in order to
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mitigate transmission of COVID-19. Except with HUD approval, PHA’s may use this
alternative format for resident meetings until the later of the termination date of the national
emergency declared by the President on March 13, 2020 or December 31, 2020. Any
alternative must:
a. Proactively outreach to residents, informing them of an opportunity for a one-on-one
or small group meeting, which could be in-person or by phone or other technology;
b. Effectively convey required and relevant information to all residents, which may
include individual meetings or calls with residents, advanced distribution of flyers or
other materials to resident mailboxes or doors;
c. Create an accessible vehicle for resident comments and questions. Consideration of
accessibility should take into account the technology and resources available to
residents;
d. Provide residents an accessible vehicle for access to comments and questions
submitted by others and the PHA’s or Owner’s response;
e. Provide residents with a means to ask additional questions related to the conversion;
f. Accommodate the needs of persons with disabilities or with limited English
proficiency (LEP); and
g. Ensure documentation of the date of communication with residents and the names of
participating residents.
Given that alternative forms of communication may not have been previously
implemented and on their own cannot replicate the benefits of a group resident meeting,
it is important that PHAs err on the side of over-communicating and providing multiple
venues for questions and comments. In addition to these individual or small-group
meetings, PHAs are encouraged to maintain ongoing contact with residents to provide
updates on conversion plans and maintain a venue for further questions or comments.
While HUD approval for the specific communication strategy is not required, PHAs
should engage with the Office of Recapitalization if questions should arise regarding
resident notification and engagement.
/s/ /s/
R. Hunter Kurtz, Dana Wade
Assistant Secretary for Public and Indian Assistant Secretary for Housing –
Housing Federal Housing Commissioner
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PIH Notice § 2020-26 provides supplemental COVID-19 guidance for the Rental Assistance Demonstration (RAD) program, addressing two main areas. First, it clarifies how CARES Act Operating Fund dollars—totaling $685 million appropriated for pandemic response—can flow to properties converting through RAD, allowing those funds to cover operating costs, capital expenses, and coronavirus-related expenditures during the year of conversion. Second, it temporarily permits Public Housing Agencies (PHAs) and Owners to replace traditional group resident meetings with individualized or small-group outreach methods, in order to reduce in-person contact during the pandemic, subject to specific requirements for accessibility, documentation, and resident engagement.
Plain English — not legal advice.
Under PIH Notice § 2020-26, PHAs and Owners managing RAD conversions with a 2020 HAP effective date may access supplemental CARES Act Operating Funds, but only for immediate expenditures—meaning funds must be drawn down and spent promptly upon receipt of an eligible expenditure request from the Owner, with reporting to the PHA to follow. Compliant operators track and document all CARES Act fund expenditures carefully, since all such funds must be expended by December 31, 2020 (unless HUD extends the period of performance). Regarding resident engagement, operators using the alternative meeting formats permitted by PIH Notice § 2020-26 maintain thorough documentation of outreach dates and participating residents, ensure accessibility for persons with disabilities and limited English proficiency, and proactively provide multiple channels for resident questions and comments.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
PIH Notice § 2020-26 temporarily modifies the resident meeting requirements that normally apply before a public housing property converts through the RAD program, allowing PHAs and Owners to conduct outreach individually or in small groups rather than through traditional communal meetings. Under this notice, residents are still entitled to receive relevant information about the conversion, have an accessible way to submit questions and comments, and be able to view responses to comments submitted by others—regardless of the format used. Residents who believe they have not received adequate notice or engagement opportunities in connection with a RAD conversion may contact HUD's Office of Recapitalization, reach out to a local tenant-rights organization, or consult with a housing attorney familiar with PIH Notice § 2020-26 and the broader RAD Notice framework.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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