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Public housing units are deteriorating while there are insufficient allocations for their renovation or maintenance. In 2012, Congress initiated the Rental Assistance Demonstration (“RAD”) in an attempt to save public housing without the need to apportion additional funds to housing assistance programs. The RAD program converts public housing to mixed-income housing and transfers majority ownership to private developers. Current tenants of these public housing complexes are transferred to mixed-income apartment complexes owned by private landlords and developers who receive a portion of the rent from the tenant and additional rent from the local Public Housing Authority. The success of the RAD program is dependent on landlords and developers voluntarily participating and electing to dedicate units to affordable housing. This Comment discusses the legal exposures these landlords face when participating in RAD, methods of mitigating these risks, and policies to incentivize participation.

Mitigating the Legal Risks for Landlords Under the Rental Assistance Demonstration Program