A resident temporarily relocated for a PBRA conversion has a right to return, and project plans that would preclude return must be altered on objection

rad_pbra.tenant_selection.right_to_return · v1.0.0

Any resident who may need to be temporarily relocated to facilitate rehabilitation or construction has a right to return to an assisted unit at the Covered Project once the work is complete, and permanent involuntary displacement may not occur as a result of a conversion of assistance. The Project Owner satisfies the right by offering the household either a unit in the Covered Project in which it is not under-housed, or a unit providing the same major features as its unit in the Converting Project. Where assistance is transferred to a new site, residents have the right to reside in such a unit at the new site once it is ready for occupancy. If project plans would preclude a resident from returning, the resident must be given an opportunity to comment or object, and if the resident objects the PHA must alter the plans to accommodate the right to return. Among the listed examples of plans that may preclude return is the imposition of income eligibility requirements such as those associated with LIHTC or other programme financing under which the current resident may not be eligible. A resident who prefers to relocate permanently instead must give informed written consent, and no tactics may be used to pressure a resident into relinquishing the right; a lease may not be terminated for failure to consent.

Confidence

high

Effective from

2019-09-05

Last reviewed

2026-08-31