Mixed Finance Housing Grievance Procedures
Notas finales
This section explains the grievance procedure in public housing that gets funding from multiple programs.
There are various potential ownership structures of a mixed finance project such as ownership by a private entity or entities, a housing authority may co-own with a private entity, or a housing authority affiliate may own or co-own the unit.
See PIH Notice 2012-32, REV-3 (July 2017), as updated by PIH Notice 2018-11 (July 2018, Supplement 3A and December, 2018, Supplement 3B) (RAD Notice), for detailed information about the RAD program. See also PIH Notice 2021-07 (January 2021) (allowing for different types of RAD and Section 8 PBV “blends” depending on the level of rehabilitation and costs).
See 26 U.S.C. § 42, M.G.L. c. 23B, § 3, M.G.L. c. 62, § 6I, M.G.L. c. 53, § 31H, 760 C.M.R. § 54.00
Annette Duke and Amy Copperman, Rent in Public Housing, A Know Your Rights Guide for Public Housing Tenants in Massachusetts, April 12, 2019, (hereinafter Rent Booklet).
In 2021 in Massachusetts, there were $3 billion of capital repairs needed for state public housing, but only $55
million in bond funds were distributed through formula funding to the 242 housing authorities annually. See
MassNAHRO, “The Present State of Massachusetts’ Public Housing Portfolio,” available at https://cdn.ymaws.com/massnahro.org/resource/resmgr/arpa_whitepaper.pdf
The Project-Based Voucher (PBV) is where a housing authority uses its Section 8 mobile vouchers to fund units that stay with a particular development. The Project-Based Voucher (PBV) program is described at 42 U.S.C. § 1437f(o)(13) and at 24 C.F.R. Part 983. Many but not all of the provisions that apply to the regular Section 8 voucher program also apply to the PBV program—for a description of this, see 24 C.F.R. § 983.2
For the Section 8 informal hearing process, see 24 C.F.R. § 982.555; for grievance rights, see 42 U.S.C. §1437d(k), 24 C.F.R. Part 966, Subpart B (federal) and 760 C.M.R.§ 6.08 (state)
The Mixed Finance Grievance Protocols used for Boston Housing Authority-affiliated and ground leased properties is an example of where grievance rights were extended to all replacement units (whether RAD, PBV, or LIHTC).