Rental and Utility Assistance for Certain Low-Income Veteran Families
| Published date | 17 May 2019 |
| Record Number | 2019-10254 |
| Section | Proposed rules |
| Court | Veterans Affairs Department |
Federal Register, Volume 84 Issue 96 (Friday, May 17, 2019)
[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Proposed Rules]
[Pages 22407-22409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10254]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 62
RIN 2900-AQ40
Rental and Utility Assistance for Certain Low-Income Veteran
Families
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations that govern the Supportive Services for Veteran Families
(SSVF) Program. This proposed rule would enable grantees to augment
available housing options for homeless veterans in high rent burden
communities by increasing the rental assistance for up to two years
before recertification. Conditions in some local housing markets such
as low vacancy rates and higher costs have made it increasingly
difficult to recruit landlords and help homeless veteran families find
and sustain permanent housing. Providing enhanced rental assistance in
these communities is necessary to help VA progress in its goal to end
veteran homelessness.
DATES: Comments must be received on or before June 17, 2019.
ADDRESSES: Written comments may be submitted through http://www.Regulations.gov by mail or hand-delivery to: Director, Office of
Regulation Policy and Management (00REG), Department of Veterans
Affairs, 810 Vermont Ave. NW, Room 1064, Washington, DC 20420; or by
fax to (202) 273-9026. (This is not a toll-free telephone number.)
Comments should indicate that they are submitted in response to ``RIN
2900AQ40--Rental and Utility Assistance for Certain Low-Income Veteran
Families.'' Copies of comments received will be available for public
inspection in the Office of Regulation Policy and Management, Room
1064, between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call (202) 461-4902 for an
appointment. (This is not a toll-free telephone number.) In addition,
during the comment period, comments may be viewed online through the
Federal Docket Management System (FDMS) at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: John Kuhn, Homeless Program Office,
Supportive Services for Veteran Families Program Office, 810 Vermont
Ave. NW, Washington, DC 20420; (202) 632-8596 (This is not a toll-free
number.) [email protected].
SUPPLEMENTARY INFORMATION: VA proposes to revise its regulations that
govern the Supportive Services for Veteran Families (SSVF) Program
which is authorized under section 2044 of title 38 United States Code
(U.S.C.). This section requires the Secretary to provide financial
assistance to eligible entities, approved under this section to provide
and coordinate the provision of supportive services for very low-income
veteran families occupying permanent housing. VA implements the SSVF
Program under the regulations in title 38 Code of Federal Regulations
(CFR), Part 62. Through the SSVF Program, VA awards supportive services
grants to private non-profit organizations or consumer cooperatives to
provide and coordinate the provision of supportive services to very
low-income veteran families who are occupying permanent housing.
Pursuant to 38 CFR 62.11, there are three situations in which a very
low-income veteran family is considered to be occupying permanent
housing. The first possibility is if a family is residing in permanent
housing at the risk of becoming homeless but for the grantee's
assistance. The second possible situation is if a family is lacking a
fixed, regular, and adequate nighttime residence; is at risk of
remaining in that state if they do not receive grantee assistance; and
is scheduled to become a resident of permanent housing within 90 days
pending the location or development of housing suitable for permanent
housing. Finally, if a family is lacking a fixed, regular, and adequate
nighttime residence after exiting permanent housing within the previous
90 days to seek other housing that is responsive to their needs and
preferences, that very low-income family is considered to be occupying
permanent housing. This rulemaking would extend the ability of SSVF
grantees to provide rental assistance in areas where the limited
availability of affordable housing makes it difficult to reduce a
community's population of homeless veterans. Through the provision of
these subsidies, the pool of available housing can be expanded as
program participants have access to a broader rental market.
62.34 Other Supportive Services
We propose to revise Sec. 62.34 to allow grantees to provide
greater rental assistance to very low and extremely low-income
participants. This revision would permit grantees to provide a new
rental subsidy for up to two years at a time, without the need for
recertification, for homeless veteran families residing in areas where
VA has determined that the cost and limited availability of affordable
housing necessitates this benefit to promote housing stability. We
believe that extremely low-income veteran families subsisting on an
income that does not exceed 30 percent of the median income (as defined
in Sec. 62.2) face particularly high barriers to placement in or
retention of permanent housing, and, therefore, should be eligible for
a higher level of assistance relative to very-low income veteran
families who subsist on an income that does not exceed 50 percent of
the median income. Under this rule, VA would, therefore, provide
different levels of rental subsidy assistance for these two groups by
offering a longer duration of rental subsidy for extremely low-income
households. Barriers to housing stability may be exacerbated by local
economic conditions that severely restrict the availability of
affordable housing. VA has received feedback from SSVF grantees stating
that veteran families at lower levels of income are more difficult to
reach and require more resources for the interventions authorized under
this program to succeed, particularly in communities with a limited
stock of affordable housing. Based on that feedback, we believe that
the increased benefit authorized under the proposed rule would help
ensure that grantees can be successful in supporting very
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low and extremely low-income veteran families.
Proposed paragraph Sec. 62.34(a)(1) would limit the payment of
rental assistance to extremely low-income veteran families to 9 months
in any 12-month period and to 12 months during a 2-year period, such
period beginning on the date that the grantee first pays rent on behalf
of the participant. The payments of rental assistance to very-low
income veteran families are limited to 6 months in any 12-month period
and to 10 months during a 2-year period. Proposed Sec. 62.34(a)(8)
would allow for a rental subsidy exceeding the restrictions in Sec.
62.34(a)(1) under certain conditions. This subsidy could be provided
from the end of the participant's rental support under Sec.
62.34(a)(1). The new subsidy would not exceed a period of 2 years
before recertification. Then, if the veteran family qualifies for SSVF
services after that 2-year period, the veteran family would again be
eligible for all benefits described in Sec. 62.34. Because the new
subsidy under Sec. 62.34(a)(8) would provide different periods and
frequency of support than the rental assistance of Sec. 62.34(a)(1),
the provisions of Sec. 62.34(a)(1) would not apply to assistance under
the proposed regulation. However, payment of this subsidy by a grantee
would otherwise conform to the rental assistance requirements set forth
in Sec. 62.34(a)(2)-(7).
The applicable counties in which the subsidy may be offered would
be chosen based on the cost and availability of affordable housing for
both individuals and families within that community. The maximum amount
of the rental subsidy would be based on a percentage of the applicable
Fair Market Rent (FMR) published by Housing and Urban Development
(HUD). This subsidy level would be set at a level no higher than 35
percent of the FMR. This maximum subsidy level is intended to provide a
meaningful level of support, yet still differentiate it from rental
supports provided by HUD-VASH where a Housing Choice Voucher can pay
the entire rent. This level of subsidy was recommended in a scholarly
article by Mary Cunningham, Josh Leopold, and Pamela Lee (``A Proposed
Demonstration of a Flat Rental Subsidy for Very Low Income
Households'').
The amount of the subsidy for each county would be proposed by the
SSVF grantees serving the targeted community with a letter of support
from the Continuum of Care (CoC), as defined at 24 CFR 578.3, that is
organizing homeless services for that community. Agreement between the
grantees and the CoC regarding the subsidy amount would allow for a
local determination of the optimal subsidy amount. As this proposed
rule would represent a new approach to rental subsidies, these amounts
must be reviewed and approved by the SSVF Program Office before going
into effect. This would help ensure that these subsidy amounts meet the
intent of the proposed rule.
As the gap between housing costs and income is larger for those
veteran households defined as extremely low income, their subsidy would
be available for a longer period. Under this proposed rule, very low-
income families may receive this subsidy for a period of two years
before recertification, minus the number of months in which the
recipient received the rental assistance provided under Sec.
62.34(a)(1). In addition, extremely low-income veteran families may
receive this subsidy for up to a two-year period before recertification
following receipt of the Sec. 62.34(a)(1) rental assistance. The
duration of the subsidy for extremely low-income veteran families may
be longer than for very-low income families because VA believes that
extremely-low income veteran families would be in greater need for a
subsidy. However, no family may receive an amount of subsidy greater
than the total amount of rent that such family pays in a given month.
The rental subsidy amount would not change for the veteran families in
the second year of the 2-year period, even if the annual amount
published changes.
Under Sec. 62.36(a), grantees must recertify the participant's
eligibility as a very low-income veteran family at least once every 3
months. For this subsidy, we would only apply this recertification
requirement to very-low and extremely-low income veteran families who
are receiving this subsidy or a combination of the rental assistance in
Sec. 62.34(a)(1) and rental subsidy of Sec. 62.34(a)(8) every two
years. A more frequent recertification process for participants who
receive this rental subsidy could reduce the time that the subsidy is
available and make the commitment of up to a two-year period of rental
subsidy meaningless. This would undermine the intent of this proposed
rule, which would seek to expand available affordable housing stock by
providing landlords with assurance of ongoing support for rental
payments. Recertification every two years, however, would ensure the
subsidy is provided to the veteran families who need it the most.
Effect of Rulemaking
Title 38 of the Code of Federal Regulations, as revised by this
rule, would represent VA's implementation of its legal authority on
this subject. Other than future amendments to this rule or governing
statutes, no contrary guidance or procedures would be authorized. All
existing or subsequent VA guidance would be read to conform with this
rule if possible. If not possible, such guidance would be superseded by
this rule.
Paperwork Reduction Act
This rule would contain no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this rule would not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt
from the initial and final regulatory flexibility analysis requirements
of 5 U.S.C. 603 and 604.
Executive Order 12866, 13563 and 13771
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' requiring review by the Office of
Management and Budget (OMB), unless OMB waives such review, as ``any
regulatory action that is likely to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; (2)
Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) Materially alter the budgetary
impact of entitlements, grants, user fees, or loan
[[Page 22409]]
programs or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
Order.''
OMB has determined that this is not a significant regulatory action
under Executive Order 12866. VA's impact analysis can be found as a
supporting document at http://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's website
at http://www.va.gov/orpm by following the link for ``VA Regulations
Published from FY 2004 through FYTD.'' This rule is not an E.O. 13771
regulatory action because this rule is not significant under E.O.
12866.
Executive Order 12866 also directs agencies to ``in most cases . .
. include a comment period of not less than 60 days.'' This rulemaking
proposes to amend regulations that govern the Supportive Services for
Veteran Families (SSVF) Program. Providing a 30-day comment period will
allow the Secretary to ensure the provisions of this proposed rule
would provide greater rental assistance to very low and extremely low-
income participants within the SSVF Program sooner. Delays in expanding
the rental assistance may mean continued or recurring homelessness for
extremely low-income veterans, creating imminent risks to the health of
the veteran and their family members. Moreover, we believe the SSVF
Program is now a familiar benefit to the public and that providing less
than 60 days would still be a sufficient period of time for the public
to comment on this single aspect of the new SSVF Program. In sum,
providing a 60-day public comment period instead of a 30-day public
comment period would be against the public interest and the health and
safety of eligible veterans. For the above reasons, the Secretary
issues this rule with a 30-day public comment period. VA will consider
and address comments that are received within 30 days of the date this
proposed rule is published in the Federal Register.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, requires
that agencies prepare an assessment of anticipated costs and benefits
before issuing any rule that may result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more (adjusted annually for inflation) in
any one year. This rule would have no such effect on State, local, and
tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Program
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are: 64.009, Veterans Medical
Care Benefits, and 64.033, VA Supportive Services for Veteran Families
Program.
List of Subjects in 38 CFR Part 62
Administrative practice and procedure, Day care, Disability
benefits, Government contracts, Grant programs--health, Grant
programs--housing and community development, Grant programs--veterans,
Heath care, Homeless, Housing, Indian--lands, Individuals with
disabilities, Low and moderate income housing, Manpower training
program, Medicare, Medicaid, Public assistance programs, Public
housing, Relocation assistance, Rent subsidies, Reporting and
recordkeeping requirements, Rural areas, Social security, Supplemental
Security Income (SSI), Travel and transportation expenses, Unemployment
compensation.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Robert L.
Wilkie, Secretary, Department of Veterans Affairs, approved this
document on May 14, 2019, for publication.
Dated: May 14, 2019.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 62 as follows:
PART 62--SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM
0
1. The authority citation for part 62 would continue to read as
follows:
Authority: 38 U.S.C. 501, 2044, and as noted in specific
sections.
0
2. Amend Sec. 62.34 by adding paragraph (a)(8) to read as follows:
Sec. 62.34 Other supportive services.
* * * * *
(a) * * *
(8) Extremely low-income veteran families and very low-income
veteran families who meet the criteria of Sec. 62.11 may be eligible
to receive a rental subsidy for a 2-year period without
recertification. The applicable counties will be published annually in
the Federal Register. A family must live in one of these applicable
counties to be eligible for this subsidy. The counties will be chosen
based on the cost and availability of affordable housing for both
individuals and families within that county. The maximum amount of this
rental subsidy is 35 percent of the applicable Fair Market Rent (FMR)
published by HUD. Grantees must collaborate with their local Continuum
of Care (CoC) as defined at 24 CFR 578.3 to determine the proper
subsidy amounts to be used by all grantees in each applicable county.
Grantees must provide a letter of support from their local CoC to the
SSVF Program Office when requesting VA approval of this subsidy. The
SSVF Program Office must approve all subsidy requests before the
subsidy is used. Very low-income veteran families may receive this
subsidy for a period of two years before certification minus the number
of months in which the recipient received the rental assistance
provided under paragraph (a)(1) of this section. Extremely low-income
veteran families may receive this subsidy for up to a 2-year period
before recertification following receipt of the paragraph (a)(1) rental
assistance. For any month, the total rental payments provided to a
family under this paragraph cannot be more than the total amount of
rent. Payment of this subsidy by a grantee must conform to the
requirements set forth in paragraphs (a)(2) through (7) of this
section. The rental subsidy amount will not change for the veteran
family in the second year of the two-year period, even if the annual
amount published changes. A veteran family will not need to be
recertified as a very low-income veteran family as provided for by
Sec. 62.36(a) during the initial two-year period. After an initial
two-year period, a family receiving this subsidy, or a combination of
the rental assistance under paragraph (a)(1) and this subsidy, may
continue to receive rental payments under this section, but would
require recertification at that time and once every two years.
* * * * *
[FR Doc. 2019-10254 Filed 5-16-19; 8:45 am]
BILLING CODE 8320-01-P
