Your rights when your public housing converts under RAD

If your housing authority has told you your building is “converting under RAD”, this page is for you. It explains what changes, what stays the same, and what you can ask for, in plain language. It is not legal advice, and your housing authority must give you its own written notices with your specific dates.

RAD (Rental Assistance Demonstration) changes the funding behind your building from public housing to a Section 8 contract so the owner can borrow money for repairs. For most residents the rent formula stays about the same: roughly 30% of adjusted household income. The rules that protect you come from the RAD law itself, HUD’s RAD notice and HUD’s RAD relocation notice.

Your rights at a glance

Right	What it means	Where it comes from
No re-screening	You do not reapply or get re-screened for income, credit or background because of the conversion	RAD statute; RAD notice §1.6.C.1 (PBV) and §1.7.B.1 (PBRA)
Not a new admission	You keep your place even if your income is now over the limit for new applicants	RAD statute
Right to return	If you must move out for repairs, you can come back when the work is done	RAD notice; Notice H-2016-17
Rent phase-in	A conversion-caused increase above the greater of 10% or $25 is phased in over 3 or 5 years	§1.6.C.3 (PBV), §1.7.B.3 (PBRA)
Relocation notice	30 days for a move of 12 months or less, 90 days for longer	Notice H-2016-17, §6.6
Moving costs	Reasonable out-of-pocket costs of a temporary move are paid	Notice H-2016-17
Notice before eviction for nonpayment	At least 30 days	RAD notice as amended by Supplemental 4C
Hearing rights	You can ask for an informal hearing on owner actions that affect you	RAD notice resident procedural rights
Resident organization	You can form one, and funding is set aside for it	RAD notice Attachment 1B
Choice mobility	You can later move with a tenant-based voucher	After 1 year (PBV) or 24 months (PBRA)
Enforceability	Your RAD rights “shall remain enforceable by tenants”	P.L. 119-101 §212, July 11, 2026

Is RAD the same as Section 8?

After conversion your home is in the Section 8 program, but it is project-based. That means the subsidy is tied to the apartment, not to you. You do not get a voucher you can carry anywhere on day one. What you get instead is the right to stay, plus the “choice mobility” option described below, which can turn into a regular Housing Choice Voucher later.

There are two kinds of RAD Section 8 contract:

• PBV (project-based vouchers): run through a voucher agency, usually your own housing authority.
• PBRA (project-based rental assistance): run through HUD’s Office of Multifamily Housing or its contract administrator.

Your housing authority picks one. In HUD’s RAD Resource Desk data as of October 24, 2026, about 61% of converted units went PBV and 39% PBRA. The differences that matter to residents are in PBV vs PBRA.

No re-screening, and you keep your place

The RAD law says a conversion cannot be the reason for re-screening, ending your assistance or evicting you. The RAD notice adds that current households are grandfathered: if your income is now above the limit for new applicants, your unit still counts as assisted. After conversion you follow the normal lease, so a lease violation that happens later is handled like it would be anywhere else.

Rent: the phase-in rule

Most families keep paying about 30% of adjusted income. In some cases the switch to Section 8 rules changes the calculation, for example for families who paid a flat rent in public housing. If the conversion by itself would raise your total tenant payment by more than the greater of 10% or $25, the increase is phased in over three years, five years, or a mix. The housing authority must have a written policy in place at conversion, tell affected residents in writing, and cannot change the policy afterward.

Example: if you paid $300 and the new formula says $420, that is a $120 jump. The greater of 10% ($30) or $25 is $30, so the increase qualifies for the phase-in.

Relocation and the right to return

Many conversions involve repairs, and some require moving out for a while. HUD’s RAD relocation notice (H-2016-17) sets these rules:

• Notices. You get a General Information Notice early if relocation might happen, then a RAD Notice of Relocation at least 30 days before the move if you will be away 12 months or less, or at least 90 days before if it will be longer.
• Costs. For a temporary move the housing authority or owner must reimburse reasonable out-of-pocket expenses, including moving costs and any increase in housing costs.
• Long moves. If a temporary move goes past one year, you can qualify for federal relocation benefits as a displaced person under the Uniform Relocation Act, and you must be given at least 30 days to decide whether to stay temporarily relocated or accept permanent relocation help.
• Right to return. You can return to the converted property once it is ready. HUD does not allow permanent involuntary displacement. You can give up the right to return only by choosing another option in writing, after it has been explained to you.

HUD reports that over 90% of residents in RAD properties remained or returned (RAD Overview, August 2026).

Resident meetings: when you will be asked

Stage	What the housing authority must do
Before applying	Deliver a Resident Information Notice, then hold at least two meetings, at least a week after the notice and within six months before applying
After HUD’s CHAP award	Hold at least two more meetings before the Concept Call with HUD, covering repairs, management and services
After the RCC, before closing	Notify you in writing that the conversion is approved and hold another meeting on timing, the new lease, house rules, any relocation and choice mobility
After any big change	Hold additional meetings if plans change substantially

Meetings must be accessible, with interpretation and accommodations as needed, and your questions and the answers must be sent to HUD. If you do not want to move to Section 8, the housing authority may offer another public housing unit if one is available.

Leases, hearings and eviction notices

You sign a new lease at conversion. PBRA uses HUD’s model lease with a RAD addendum; PBV uses a lease that meets voucher rules plus HUD’s tenancy addendum.

Notice before eviction for nonpayment. The RAD notice, as amended by Supplemental 4C, requires at least 30 days’ notice before ending a lease for nonpayment of rent, up from 14. HUD separately revoked its general 30-day rule for public housing and PBRA effective March 30, 2026 (91 FR 9449). That rule did not mention RAD, and as of October 30, 2026 the RAD notice still carried its own 30-day requirement. Ask your owner which notice period your lease uses.

Hearings. In a PBV conversion you can request an informal hearing on any owner action under your lease that hurts your rights, obligations, welfare or status; the voucher agency hears voucher-rule disputes and the owner hears the rest. In a PBRA conversion the owner must tell you the specific grounds for a proposed adverse action, offer an informal hearing with an impartial staff member, let you bring a representative and see the evidence, and give a written decision. Group (class) grievances are not covered.

Resident organizations. You may form a resident organization, and the owner must recognize a legitimate one. In PBRA properties the owner must provide $25 per occupied unit each year for resident participation, at least $15 of it to the resident organization.

Moving with a voucher (choice mobility)

	PBV	PBRA
When you can ask	After 1 year of occupancy	24 months after the contract starts or after you move in, whichever is later
Possible limits	If the agency’s PBV units exceed 20% of its voucher program, it may cap these moves at three-quarters of its turnover vouchers	Up to one-third of turnover vouchers and 15% of the property’s assisted units per year; small exemptions apply

If there is a cap, you may be placed on a list. The unit you leave stays affordable for the next family.

What the 2026 law added for residents

Section 212 of Public Law 119-101, enacted July 11, 2026:

• says nothing in the RAD law reduces tenants’ rights, “which shall remain enforceable by tenants”;
• lets HUD require a mandatory lease and management plan addendum for converted properties;
• lets HUD impose civil money penalties or other sanctions on owners for material violations of RAD requirements, for public housing and Component 2 conversions alike;
• requires HUD to publish findings every year, including how many residents stayed or returned and the effect on tenant rights.

As of October 30, 2026 HUD had not issued the addendum or penalty procedures. Your existing rights apply now.

Where to get help

Start with your housing authority’s RAD contact; their notices must name a way to reach HUD. You can also look up your agency’s conversions on its page under states, see every deal in the tracker, and check terms in the RAD glossary. For the bigger picture, see what is RAD. Local legal aid offices can review a notice you have received.

Sources

• Public Law 119-101, §212, July 11, 2026.
• HUD, RAD Notice Revision 4 as amended by Supplementals 4B and 4C (H-2019-09 / PIH-2019-23): §§1.6.C, 1.6.D.8, 1.7.B, 1.7.C.5, 1.8 and Attachment 1B.
• HUD, RAD Fair Housing, Civil Rights and Relocation Notice, H-2016-17 / PIH-2016-17, November 10, 2016, §§6.2 and 6.6.
• HUD, RAD Supplemental Notice 4C, H-2025-01 / PIH-2025-03, §VI (30-day nonpayment notice).
• HUD, Revocation of the 30-Day Notification Requirement, interim final rule, 91 FR 9449, February 26, 2026, effective March 30, 2026.
• HUD, RAD Overview, August 2026.
• HUD’s RAD Resource Desk data as of October 24, 2026.

This page is general information for residents, not legal advice. Your housing authority’s written notices and your lease control your situation.