This web page provides an overview of how the Special Applications Center processes requests to put development numbers into "Terminated" status in IMS/PIC.
PIH Notice 2011-61 indefinitely extended PIH Notice 2009-28, which served to: (1) remind PHAs of their continuing legal responsibility to ensure that a current DOT is recorded against all of their public housing property and provide guidance on adding and removing public housing units and other property from the ACC. The DOT is a legal instrument that grants HUD an interest in public housing property. It provides public notice that the property must be operated in accordance with all public housing federal requirements, including the requirement not to convey or otherwise encumber the property unless expressly authorized by federal law and/or HUD. PHAs must ensure a current DOT is recorded against all property, including land, that has been acquired, developed, maintained, or assisted with funds from U.S. Housing Act of 1937 (Act) funds, including the Public Housing Operating Fund and Capital Fund.
HUD does not require PHAs to revise and re-record DOTs based on changes to public housing unit counts or based on changes to development or AMP numbers (i.e., information that does not change the real property covered by the DOT). However, PHAs must have an internal method in place to identify the current development numbers for the sets of land and other property against which each DOT is recorded. A development number may correspond to part or all of the property under one or more DOTs. The introduction of AMP development numbers in 2008 replaced many of the development numbers previously in effect. In cases where none of the building numbers, or only part of the building numbers, were transferred to AMP development numbers, the existing development numbers were retained. In some cases, Section 18 applications for disposition of the remaining land are made under the existing, pre-AMP, development numbers.
HUD field counsel verifies that (a) all of the property for which the PHA is requesting a DOT release has been approved by the SAC for disposition and (b) all contingencies in the HUD approval letter have been satisfied (additional documentation may be required from the PHA, including a copy of the recorded DOT).
All public housing property (dwelling units, non-dwelling units and buildings, and vacant land) is subject to the ACC contract and must be classified in the ACC under a specific development number.
If a DOT covers more property than has been approved by HUD for removal from the public housing inventory, the public housing property must remain in IMS/PIC under that development number until the PHA either: (1) submits an additional removal application to the SAC for the remaining property under the DOT; or (2) transfers and records the remaining property to another project/AMP in its inventory or to a new development number. When land is transferred to a different development number, the field office may require the PHA to enter into a new DOT with a revised legal description.
In situations where a PHA is redeveloping buildings and units under a new development number, but is retaining ownership and site control of the land during and after the redevelopment, it is not necessary for the PHA to apply for disposition of the land it maintains ownership of throughout the process. In this circumstance SAC may terminate the old development number in IMS/PIC based only on the demolition of the units. The SAC may then request evidence that all of the property under the DOT for the old development number has been transferred to new or existing development numbers.
Field Office should request to terminate a development number in IMS/PIC by submitting this Field Office Certification for Development Termination (MS-Word) to the SAC.
In some cases land may have been transferred to a new 11-digit development number, but remain under DOTs for earlier 8-digit development numbers. If there is a request to terminate an 11-digit development number in IMS/PIC, the crosswalk will be consulted to determine what earlier 8-digit development numbers have been incorporated into it. In such cases an accounting should be made of all of the land associated with the earlier development number or numbers.
The difference between the total number of acres that were ever under a development number (or its predecessors) and the number of acres under current DOTs should be compared with the number of acres approved for disposition and removal from inventory. If all of the land has been approved for removal from inventory and none of it remains under a HUD DOT, then the development number may be terminated in IMS/PIC.
If some of the land is not accounted for, then SAC will check its files and, if needed, ask the PHA and Field Office if they have records of other land disposition approvals. If there are land disposition approvals documented that have not been entered into IMS/PIC, they should be added there. In some cases land may also need to be added to older existing applications in IMS/PIC.
If some of the land can not be accounted for under previous approvals for removal from inventory, it must remain under a current DOT, until it is proposed and approved for disposition. If it is not approved for removal from inventory, then the PHA's records must show that it has been transferred to a different development number, before the proposed development number can be terminated. The development number referenced in the DOT may be different from the development number to which the land was transferred. PHAs may continue to rely on existing DOTs that reference earlier, or even terminated, development numbers, even though the land has been transferred to a new development number, unless the Field Office requests that the DOT be revised. In cases where land from the development number proposed for termination has been transferred, the SAC will request evidence of what development number(s) PHA records show that the land is currently under.
For a development number to be terminated in IMS/PIC:
- All of the buildings and units must be removed from inventory in IMS/PIC;
- All of the land under the ACC must be accounted for;
The land under a development number (or its predecessor development numbers) must be:
- Approved and recorded in IMS/PIC as removed from inventory and released from the DOT; or
- Another disposition application must be submitted for the remaining land; or
- The remaining land must remain under a current DOT and be transferred in PHA records to a different development number.
Step 1: If the request is to terminate an 11-digit AMP development number, a check is made to see what predecessor 8-digit development numbers it may have subsumed. Confirmation is made that all buildings and units under these development numbers are removed from inventory in IMS/PIC.
Step 2: Initial information is requested from the PHA if the request to terminate came from the PHA or from the Field Office if the request came from the Field Office. The initial information needed is the total number of acres of land that ever was under an ACC for the development number (or its predecessor development numbers) and, of that amount, the total that remains under a current Declaration of Trust. The difference between those two amounts is the land that must be accounted for as approved for disposition and removed from inventory. To that end, it is helpful if copies of the relevant DOTs and releases from the DOTs are provided with the initial information.
Step 3: The number of acres approved for removal from inventory in IMS/PIC is compared to the number of acres from the development no longer under a current DOT. If the number of acres approved in IMS/PIC is less than this number, then SAC files are consulted for other applications involving land, and if needed, the Field Office and PHA may be asked about any other approvals they received that cover this land. If application approvals are discovered which are not in IMS/PIC, then limited land only applications need to be created in IMS/PIC, or land may need to be added to existing applications for units in IMS/PIC.
Step 4: If all of the land has been approved for disposition or removal from inventory, and none remains under a current DOT, then the development can be terminated.
Step 5: If all of the land that is no longer under a current DOT has been accounted for as approved for removal from inventory, then a check is made that the remaining land under a DOT, if any, has been transferred to a different development number in PHA records. If so, the development number can be terminated in IMS/PIC.
Step 6: If some of the land that no longer is under a current DOT has not been approved for removal from inventory, then the PHA and Field Office should be informed that the PHA must 1)submit another land disposition application to do so, or 2)record a new DOT against the land and transfer it to a new development number, if it wishes to terminate the existing one. If either the disposition is approved and the land has been reported as removed from inventory, or all remaining land has been transferred under a DOT, then the land has been accounted for and the development number can be terminated.
- Notice 2011-61 indefinitely extended Notice 2009-28
- Notice 2009-28 - Guidance on requirement for PHAs to record current Declaration of Trusts (DOTS) against all public housing property and guidance on adding and removing public housing units and other property from the ACC.