Review the Section 18 Application NYCHA Submits to HUD
Before it can demolish, sell or lease land or buildings within existing NYCHA developments, NYCHA must file a "Section 18 application" with the U.S. Department of Housing and Urban Development (HUD) and have that application approved by HUD.
To get HUD’s approval, NYCHA must certify that it has met HUD’s requirements and provide supporting documentation on certain topics.
When NYCHA wants to SELL or LEASE part of a NYCHA development, it must show that:
- The plan to dispose of the property, instead of keeping the development as is, is in the “best interests” of the current residents. NYCHA must also certify to HUD that the undeveloped land “exceeds the needs of the development,” or that leasing it away is “incidental to, or does not interfere with, continued operation of the remaining portion of the development.”
- NYCHA has developed its plans in consultation with residents. NYCHA must describe its consultations with residents, any resident organizations, and the Resident Advisory Board. Unfortunately, HUD has generally refused to be more specific about what “resident consultation” really means, so there is no minimum required number of meetings NYCHA must hold with residents, or requirements for what is discussed in those meetings.
When NYCHA wants to DEMOLISH part of a NYCHA development, it must show that:
- The project or portion of the public housing project is obsolete in terms of its physical condition, location, or other factors, making it unsuitable for housing purposes; and
- No reasonable program of modifications is cost-effective to return the public housing project or portion of the project to useful life; and
- Where NYCHA is proposing demolition of only part of a public housing project, NYCHA must show that the demolition will ensure the viability of the remaining portion of the project.
You can reference the checklist HUD provides to NYCHA and other public housing authorities here (from 2021).
You can also request to see copies of Section 18 applications submitted by NYCHA and review them to make sure that what NYCHA has included is accurate and truthful. To get a copy of the application, submit a Freedom of Information Act request to HUD here: https://www.hud.gov/FOIA.
After reviewing the contents of the application, residents can send HUD their concerns in letter format to:
Jane B. Hornstein, Director
U.S. Department of Housing and Urban Development
Special Application Center
77 W. Jackson Blvd. Suite 2401
Chicago, IL 60604
Fax: (312) 886-6413
Jane.B.Hornstein@hud.gov
A very simple template for a resident response letter to protest a section 18 application for a given campus is below:
“Dear HUD Special Projects Center,
Please do not approve NYCHA's application to [INSERT WHAT THE APPLICATION IS FOR] because (1) NYCHA’s presentation of the project is misleading, (2) resident engagement was insufficient, (3) NYCHA did not present all the comments they received with responses, (4) NYCHA did not show that the plan is in the best interests of the current residents.
Add details…”