generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Ensuring that ESG recipients are represented on the Board is important to HUD; therefore, in communities where ESG recipients and/or Continuums do not feel this requirement is feasible, HUD asks commenters to provide suggestions for how ESG recipients can be involved in the Continuum at one of the core decision-making levels. Similar to the cap on planning costs for CoC, HUD will allow no more than 3 percent of the FPRN, or a maximum amount to be established by the NOFA, whichever is less, to be used for UFA costs. HUD commenced the process to implement the HEARTH Act with rulemaking that focused on the definition of homeless. HUD published a proposed rule, entitled Defining Homeless on April 20, 2010 (75 FR 20541), which was followed by a final rule that was published on December 5, 2011 (76 FR 75994). It includes measures of time spent in homeless programs, returns to homelessness after exit, and the number of people in the community experiencing homelessness for the first time. If you are homeless or at risk of becoming homeless, please contact your local 2-1-1 hotline or learn about other resources on our How to Get Help page. (b) Uses of assistance. As noted earlier, HUD published on December 9, 2011, a proposed rule to establish HMIS regulations in accordance with the HEARTH Act. In addition, rents and occupancy charges collected from residents of transitional housing may be reserved, in whole or in part, to assist the residents from whom they are collected to move to permanent housing. The HEARTH Act also creates the Rural Housing Stability program to replace the Rural Homelessness Grant program. HUD strongly encourages commenters to submit comments electronically. Utility deposits must be a one-time fee, paid to utility companies. Recipient means an applicant that signs a grant agreement with HUD. (i) Vacancies. A recipient must implement its programs in a manner that affirmatively furthers fair housing, which means that the recipient must: (1) Affirmatively market their housing and supportive services to eligible persons regardless of race, color, national origin, religion, sex, age, familial status, or handicap who are least likely to apply in the absence of special outreach, and maintain records of those marketing activities; (2) Where a recipient encounters a condition or action that impedes fair housing choice for current or prospective program participants, provide such information to the jurisdiction that provided the certification of consistency with the Consolidated Plan; and. Commenters should follow the instructions provided on that site to submit comments electronically. If a program participant or prospective program participant of the Continuum of Care program supported by HUD objects to the religious character of an organization that provides services under the program, that organization shall, within a reasonably prompt time after the objection, undertake reasonable efforts to identify and refer the program participant to an alternative provider to which the prospective program participant has no objection. Coordinated entry, which received little attention when HEARTH was passed, marks a major shift in how communities address homelessness. If a Continuum designates more than one applicant for the geographic area, HUD will enter into a grant agreement with each designated applicant for which an award is announced. On July 6, 2012, P.L. If electricity, gas, and water are included in the rent, these utilities may be paid from leasing funds. (iv) Other costs for goods and services required for administration of the program, including rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space. On July 31, 2008, the House Financial Services Committee approved the bill and several amendments to it by voice vote. Excess thyroid hormone increases the force of contraction of the heart muscle and increases the amount of oxygen demanded by the heart. (2) If HUD determines preliminarily that the recipient or one of its subrecipients has not complied with a program requirement, HUD will give the recipient notice of this determination and an opportunity to demonstrate, within the time prescribed by HUD and on the basis of substantial facts and data that the recipient has complied with the requirements. (2) Exceptions. For any amendments to grants after the funds have been awarded, HUD has established a separate amendment procedure. (5) Homelessness prevention. Section 422(h) of the McKinney-Vento Act provides the authority for a solo applicant to submit an application to HUD and be awarded a grant by HUD if it meets the criteria under section 427 of the McKinney-Vento Act. (5) Records of reasonable belief of imminent threat of harm. PDF The HEARTH Act - HUD User In addition to HUD's review of the applications, interested members of the public will be able to provide comment to HUD regarding the applications. Projects receiving grant funds only for acquisition, rehabilitation, or new construction must submit APRs for 15 years from the date of initial occupancy or the date of initial service provision, unless HUD provides an exception under 578.81(e). As will be discussed in further detail later in this preamble, the concept of collaborative applicant, its duties and functions, as provided in the statute, is provided for in this rule. In HUD's definition of project in this interim rule, the eligible activities described in section 423(a) of the McKinney-Vento Act have been identified. The collaborative applicant will always be the only applicant that can apply for Continuum of Care planning costs. Instead, the landlord or tenant can end the lease at any time last long as enough notice is given. The HEARTH Act consolidates and amends three of the homeless assistance programs authorized by title IV of the McKinney-Vento Act (42 U.S.C. Additionally, in order to meet the purpose of the HEARTH Act, established in section 1002(b), and the goals of Opening Doors: Federal Strategic Plan to Prevent and End Homelessness, the Continuum of Care must be involved in the coordination of other funding streams and resourcesfederal, local, or privateof targeted homeless programs and other mainstream resources. Indirect costs are allowed as part of eligible program costs. Permanent housing is consistent with the statutory definition of permanent housing in section 401 of the McKinney-Vento Act, but does not track the statutory language. The costs of teaching critical life management skills that may never have been learned or have been lost during the course of physical or mental illness, domestic violence, substance abuse, and homelessness are eligible. If the housing is used for such purposes for more than 10 years, the payment amount will be reduced by 20 percentage points for each year, beyond the 10-year period in which the project is used for transitional or permanent housing. This amount is the sum of the PPRN amounts for each metropolitan city, urban county, non-urban county, and insular area claimed by the Continuum of Care as part of its geographic area, excluding any counties applying for, or receiving funds under the Rural Housing Stability Assistance program, the regulations for which will be established in 24 CFR part 579. Awards must be announced no later than 5 months after applications are due (6 months for the first two years after enactment). The required certification that the application for funding is consistent with the HUD-approved consolidated plan must be submitted by the funding application submission deadline announced in the NOFA. (a) Activities under this part are subject to environmental review by HUD under 24 CFR part 50. HUD specifically requests comment on the method established in 578.17(a)(4) to reduce the total amount required to renew all projects eligible for renewal in that one year, for at least one year, for each Continuum of Care when funding is not sufficient to renew all projects nationwide for at least one year. The Continuum of Care must: (1) Hold meetings of the full membership, with published agendas, at least semi-annually; (2) Make an invitation for new members to join publicly available within the geographic at least annually; (3) Adopt and follow a written process to select a board to act on behalf of the Continuum of Care. When blood passes the intestines, it picks up nutrients that have been absorbed from food. The creation of community performance measures has spurred CoCs to use their data to better understand how their individual programs work together, or dont, as a system. The match requirements are the same for rural applicants. HUD encourages Continuums of Care to use their centralized or coordinated assessment systems to find appropriate shelter or housing for families with male children under the age of 18. Recipients and subrecipients may use grant funds to pay security deposits, in an amount not to exceed 2 months of actual rent. (4) There are no individuals and families in the Continuum of Care geographic area who are homeless, in which case the project may serve individuals and families at risk of homelessness. Additionally, recipients are required to follow other federal requirements contained in this interim rule under 578.99. Transitional housing is based on the definition of transitional housing in section 401 of the McKinney-Vento Act, as follows: The term `transitional housing' means housing, the purpose of which is to facilitate the movement of individuals and families experiencing homelessness to permanent housing within 24 months or such longer period as the Secretary determines necessary. The definition has been expanded to distinguish this type of housing from emergency shelter. An applicant that is a State or a unit of general local government must have a HUD-approved, complete or abbreviated, consolidated plan in accordance with 24 CFR part 91. Under section 422(g) of the McKinney-Vento Act, if more than one collaborative applicant submits an application covering the same geographic area, HUD must award funds to the application that scores the highest score based on the selection criteria set forth in section 427 of the Act. Register for upcoming training, webinars, conferences, and more. (g) Participation of homeless individuals. better and aid in comparing the online edition to the print edition. UFAs that requested grant amendments from HUD, as set forth in 578.105, must keep evidence that the grant amendment was approved by the Continuum. The HEARTH Act amends and reauthorizes the McKinney-Vento Homeless Assistance Act with substantial changes, including: (l) Leases. Funds may be used by recipients in Continuums of Care-designated high-performing communities for housing relocation and stabilization services, and short- and/or medium-term rental assistance, as described in 24 CFR 576.105 and 24 CFR 576.106, that are necessary to prevent an individual or family from becoming homeless. Termination of assistance. Collecting and sharing this information will tell us whether coordinated entry is achieving its intended benefits and will help communities and policymakers respond to any unintended consequences. Brief periods of stays in institutions, not to exceed 90 days for each occurrence, are not considered vacancies. HUD is carrying over this requirement from the Shelter Plus Care program. HUD published the interim rule for the amended Emergency Solutions Grants (ESG) Program along with the corresponding confirming amendments to the Consolidated Plan regulations at 24 CFR Part 91. The costs of assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant(s) are eligible costs. The applicant must submit a certification that the application for funding is consistent with the HUD-approved consolidated plan(s) for the jurisdiction(s) in which the proposed project will be located. HUD specifically requests comment on requiring a lease for a term of at least one year to be considered permanent housing. No assistance provided under this part (or any State or local government funds used to supplement this assistance) may be used to replace State or local funds previously used, or designated for use, to assist homeless persons. (E) Must re-evaluate, not less than once annually, that the program participant lacks sufficient resources and support networks necessary to retain housing without Continuum of Care assistance and the types and amounts of assistance that the program participant needs to retain housing. For complete information about, and access to, our official publications Continuums will have 2 years from the effective date of the interim rule to establish a board that meets the criteria established in this section. This site displays a prototype of a Web 2.0 version of the daily PDF TRIBAL LEASING UNDER THE HEARTH ACT - Minneapolis Fed Through the Continuum of Care Homeless Assistance Grants Competition program, HUD provided funding for the Supportive Housing program, the Shelter Plus Care program, and the Section 8 Moderate Rehabilitation Single Room Occupancy program. These two grants will cover the entire geographic area. Recipients may resume assistance to a participant whose assistance has been terminated. HUD established the Continuum of Care in 1995. While these general principles are offered to help clarify this Start Printed Page 45438section, a change in the factual scenario may change the analysis. Additionally, these requirements are consistent with HUD's physical inspection requirements in its other mainstream rental assistance programs. (iv) To the extent that source documents and third-party verification are unobtainable, the written certification by the program participant of the amount of income that the program participant is reasonably expected to receive over the 3-month period following the evaluation. Up to 5 years worth of rental assistance may be awarded to a project in one competition. This includes any permanent, involuntary move for a project that is made by a program participant occupying transitional housing or permanent housing assisted under Title IV of the McKinney-Vento Act, if any one of the following three situations occurs: (A) The program participant moves after execution of the agreement covering the acquisition, rehabilitation, or demolition of the property for the project and is either not eligible to return upon project completion or the move occurs before the program participant is provided written notice offering the program participant an opportunity to occupy a suitable, decent, safe, and sanitary dwelling in the same building or complex upon project completion under reasonable terms and conditions. (c) Monitoring costs. Continuums of Care shall have 2 years after August 30, 2012 to comply with the requirements of paragraph (b) of this section. (f) Residential supervision. Necessary cookies are absolutely essential for the website to function properly. Third, HUD will determine the Continuum of Care's Final Pro Rata Need (FPRN), which is the higher of: (1) PPRN, or (2) renewal demand for the Continuum of Care. Applicants that are not States or units of general local government must submit a certification by the jurisdiction(s) in which the proposed project will be located that the applicant's application for funding is consistent with the jurisdiction's HUD-approved consolidated plan. (i) Eligible costs include the outreach worker's transportation costs and a cell phone to be used by the individual performing the outreach. Indian Affairs Announces HEARTH Act Approval for Three Tribes Centralized or coordinated assessment system is defined to mean a centralized or coordinated process designed to coordinate program participant intake, assessment, and provision of referrals. The costs of monitoring recipients and subrecipients and enforcing compliance with program requirements are eligible. These conditions include establishing site control, providing proof of match, complying with environmental review under 578.31, and documenting financial feasibility within the deadlines under 578.21(a)(3). (3) Utilities. (d) Accessibility and integrative housing and services for persons with disabilities. Recipients and subrecipients in Continuums that have been designated an HPC may use grant funds to provide housing relocation and stabilization services and short- and/or medium-term rental assistance to individuals and families at risk of homelessness as set for in the Emergency Solutions Grants program. In developing the baseline requirements for a centralized or coordinated intake system, HUD is considering whether victim service providers should be exempt from participating in a local centralized or coordinated assessment process, or whether victim service providers should have the option to participate or not. A Continuum of Care will also be considered rural if is a mix of rural and urban areas and is in one of the following states: Alaska, Idaho, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, or Wyoming. As part of its review, HUD will consider: (A) Whether the applicant submitted the request to the appropriate political jurisdiction; and. Comments must refer to the proposal by name and docket number (FR-5476-I-01) and be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, Fax: (202) 395-6947, and Reports Liaison Officer, Office of the Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7233, Washington, DC 20410-7000. Continuum of Care planning. If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the federal funds or commingle them. (1) Awards made under title IV of the Act, as in effect before August 30, 2012 are eligible for renewal in the Continuum of Care program even if the awardees would not be eligible for a new grant under the program, so long as they continue to serve the same population and the same number of persons or units in the same type of housing as identified in their most recently amended grant agreement signed before August 30, 2012. More than 500,000 passport holders participated in the trial before it was paused in March 2023. (7) Program participant records. To obtain prior approval, the recipient may be required to manually submit its payment requests and supporting documentation to HUD in order to show that the funds to be drawn down will be expended on eligible activities in accordance with all program requirements. The recipient's submission of the APR helps HUD review whether the recipient is carrying out the project in the manner proposed in the application. The records must indicate the grant and fiscal year for which each matching contribution is counted. Section 424 of the McKinney-Vento Act defines recipient as an eligible entity who(A) submits an application for a grant under section 422 that is approved by the Secretary; (B) receives the grant directly from the Secretary to support approved projects described in the application; and (C)(i) serves as a project sponsor for the projects; or (ii) awards the funds to project sponsors to carry out the projects. All of the activities specified by the statutory definition are in the rule: (A) and (B) are contained in the definition and (C) is covered in the sections of the rule dealing with what a recipient can do with grant funds. (4) HUD may continue the grant with a substitute recipient of HUD's choosing. For housing rehabilitated with funds under this part, the lead-based paint requirements in 24 CFR part 35, subparts A, B, J, and R apply. Additionally, HUD is putting in place through this rulemaking the provision of Executive Order 13559 that directs the referral to alternative providers. Eligible applicant means a private nonprofit organization, State, local government, or instrumentality of State and local government. The housing or service provider may also consider other documentation such as emails, voicemails, text messages, social media posts, and other communication. This may be written observation of the housing or service provider; a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom the victim has sought assistance; medical or dental records; court records or law enforcement records; or written certification by the Start Printed Page 45465program participant to whom the violence occurred or by the head of household. No board member may participate or influence discussions or decisions concerning the award of a grant or other financial benefits for an organization that the member represents. For more information about the ESG Program, visit the ESG Program Page. Eligible costs are the direct outpatient treatment of mental health conditions that are provided by licensed professionals. The most significant change by HUD was the creation of the Continuum of Care process, which was first implemented in 1995. You also have the option to opt-out of these cookies. An HPC must cooperate with HUD in distributing information about its successful efforts to reduce homelessness. Responsibilities of the Continuum of Care. A centralized or coordinated assessment system covers the geographic area, is easily accessed by individuals and families seeking housing or services, is well advertised, and includes a comprehensive and standardized assessment tool. Either the mean length of episode of homelessness within the Continuum's geographic area is fewer than 20 days, or the mean length of episodes of homelessness for individuals or families in similar circumstances was reduced by at least 10 percent from the preceding federal fiscal year. 1. For all other transactions and activities, the following restrictions apply: (1) No covered person, meaning a person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient or its subrecipients and who exercises or has exercised any functions or responsibilities with respect to activities assisted under this part, or who is in a position to participate in a decision-making process or gain inside information with regard to activities assisted under this part, may obtain a financial interest or benefit from an assisted activity, have a financial interest in any contract, subcontract, or agreement with respect to an assisted activity, or have a financial interest in the proceeds derived from an assisted activity, either for him or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or during the one-year period following his or her tenure.