Section 8 Housing Choice Vouchers: Revised Implementation of the HUD-Veterans Affairs Supportive Housing Program
| Published date | 27 September 2021 |
| Citation | 86 FR 53207 |
| Record Number | 2021-20734 |
| Section | Rules and Regulations |
| Court | Housing And Urban Development Department |
Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)
[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53207-53213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20734]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 982 and 983
[Docket No. FR-6243-N-01]
Section 8 Housing Choice Vouchers: Revised Implementation of the
HUD-Veterans Affairs Supportive Housing Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Implementation guidance.
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SUMMARY: This document sets forth the policies and procedures for the
administration of tenant-based and project-based Section 8 Housing
Choice Voucher (HCV) rental assistance under the HUD-Veterans Affairs
Supportive Housing (HUD-VASH) program administered by local public
housing agencies (PHAs) that have partnered with local Veterans Affairs
(VA) medical facilities or other entities as designated by the
Secretary of the Department of Veteran Affairs. This document updates
the definition for the term VA medical center (VAMC) to also include
designated service providers (DSP). This document also includes new
waivers and program flexibilities as well as additional general
guidance.
DATES: The guidance is effective September 27, 2021.
FOR FURTHER INFORMATION CONTACT: Ryan Jones, Director, Housing Voucher
Management and Operations Division, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410,
telephone number 202 708-0477. (This is not a toll-free number.)
Individuals with hearing or speech impediments may access this number
via TTY by calling the Federal Relay during working hours at 800-877-
8339. (This is a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Background
II. Special Rules for the HUD-VASH Voucher Program
a. Family Eligibility and Selection
b. Income Eligibility
c. Initial Term of the HCV
d. Initial Lease Term
e. Ineligible Housing
f. Mobility and Portability of HUD-VASH Vouchers
g. Case Management Requirements
h. Termination of Assistance
i. Turnover of HUD-VASH Vouchers
j. MTW Agencies
k. Project-Based Assistance
l. Section Eight Management Assessment Program (SEMAP)
m. Reallocation of HUD-VASH Vouchers
n. HQS Inspections
o. Exception Payment Standards
p. Special Housing Types
q. Maximum Family Share at Initial Occupancy
III. Reporting Requirements
I. Background
Since 2008, HCV program funding has provided rental assistance
under a supportive housing program for homeless veterans authorized by
section 8(o)(19) of the United States Housing Act of 1937, 42 U.S.C.
1437f(o)(19). The HUD-VASH program combines HUD HCV rental assistance
for homeless veterans with case management and clinical services
provided at VA Medical Centers, Community-Based Outpatient Clinics, or
through a designated service provider (DSP) as approved by the VA
Secretary (herein referred to generally as VAMC or DSP). Through the
HUD-VASH program, HUD and VA increase access to affordable housing for
homeless veterans and provide the support necessary to obtain and
maintain permanent housing in the community.
Based on a review of existing permanent supportive housing (PSH)
models, typical acuity levels of veterans in the program, and the
availability of providers within VAMCs and in the community who can
augment care provided by HUD-VASH case managers, the Secretaries of HUD
and VA jointly determined that the appropriate caseload ratio in HUD-
VASH is a weighted average of 25 veterans per case manager. However,
actual caseload sizes can vary considerably, based primarily on the
needs of the veterans being served. Veterans in HUD-VASH are weighted
based on their stage in the program, with higher weightings applied to
veterans in more intensive stages of the program, and lower weightings
applied to those who have stabilized. These weightings and target
caseload ratios ensure that all veterans in receipt of a HUD-VASH
voucher are seen as needed by their case manager.
The initiative known as the HUD-VASH program was authorized
pursuant to Division K, Title II, of The Consolidated Appropriations
Act, 2008 (Pub. L. 110-161) (``2008 Appropriation Act'') enacted on
December 26, 2007 (see proviso (7) under the heading ``Tenant-Based
Rental Assistance''). All Congressional Appropriations Acts since 2008
have continued to authorize this program. Therefore, the implementation
requirements will remain in effect until the HUD-VASH program is no
longer authorized by Congress or the authorization requirements change.
[[Page 53208]]
The Appropriations Acts have required HUD to ``make such funding
available, notwithstanding section 204 (competition provision) of this
title, to PHAs that partner with eligible VAMCs or other entities as
designated by the Secretary of the Department of Veterans Affairs,
based on geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, PHA administrative
performance, and other factors as specified by the Secretary of Housing
and Urban Development in consultation with the Secretary of the
Department of Veterans Affairs.''
Based on this language, the allocation of HUD-VASH vouchers have
been a collaborative, data-driven effort conducted by HUD and the VA.
The HUD-VASH allocation formula relies on several pieces of data which
include HUD's point-in-time data submitted by Continuums of Care and VA
data on contacts with homeless veterans. PHA and VA performance is also
taken into consideration.
Additional information on program requirements and procedures may
be found on the HUD-VASH website at HUD-VASH website.
II. Special Rules for the HUD-VASH Voucher Program
This section sets forth the design features of the HUD-VASH
program, including family eligibility, portability, case management,
and the turnover of these vouchers. This document replaces the special
rules published in the Federal Register on March 23, 2012 (77 FR
17086). The FY2008-2021 Appropriations Acts stated ``that the Secretary
of Housing and Urban Development (in consultation with the Secretary of
the Department of Veterans Affairs) may waive, or specify alternative
requirements for any provision of any statute or regulation that the
Secretary of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment) upon a finding by the Secretary that
any such waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher assistance:
Provided further, that assistance made available under this paragraph
shall continue to remain available for homeless veterans upon
turnover.''
This document outlines below the waivers or alternative
requirements determined by the Secretary to be necessary for the
effective delivery and administration of the HUD-VASH program. These
waivers or alternative requirements are exceptions to the normal HCV
requirements, which otherwise govern the provision of HUD-VASH
assistance. In addition, a PHA may request additional statutory or
regulatory waivers that it determines are necessary for the effective
delivery and administration of the program. These requests may be
submitted to the Secretary for review and decision through the
Assistant Secretary for Public and Indian Housing through the regular
waiver process.
HUD-VASH vouchers under this part are administered in accordance
with the HCV tenant-based and project-based rental assistance
regulations set forth at 24 CFR part 982 and 983, respectively. In both
programs, the PHA pays monthly rental subsidies so that eligible
families can afford decent, safe, and sanitary housing, secure from
threats of danger, harm, or loss. HUD provides housing assistance funds
to the PHA, as well as funds for PHA administration of the program.
Under the HCV program, families select rent units that meet program
housing quality standards (HQS). If the PHA approves a family's unit
and tenancy, the PHA contracts with the property owner to make monthly
subsidy payments (housing assistance payments) directly to the owner on
behalf of the family . The family enters a lease with the owner and
pays its share of the rent to the owner in accordance with the lease.
Under the HCV tenant-based voucher (TBV) program, the housing
assistance payments (HAP) contract between the PHA and the owner covers
only a single unit and a specific assisted family. If the family moves
out of the leased unit, the HAP contract with the owner terminates. The
family may generally move to another unit with continued assistance so
long as the family is complying with program requirements.
Under the project-based voucher (PBV) program, families occupy
units under a PBV HAP contract. Generally, there are multiple units
under the PBV HAP contract. In many cases supportive services are
provided on-site. All the PBV requirements in 24 CFR part 983 apply
except where waived as described below.
Unless expressly noted below, all regulatory requirements and HUD
directives regarding the HCV TBV and PBV programs are applicable to
HUD-VASH vouchers, including the use of all HUD-required contracts and
other forms. The PHA's local discretionary policies adopted in the
PHA's written administrative plan apply to HUD-VASH vouchers unless
such local policy conflicts with the requirements of the HUD-VASH
vouchers outlined below.
PHAs are required to maintain records that allow for the easy
identification of families receiving HUD-VASH vouchers. PHAs must
identify these families in the Information Management System/Public and
Indian Housing Information Center (IMS/PIC). This record-keeping will
help ensure that, in accordance with appropriations renewal language,
HUD-VASH vouchers that are in use will remain available for homeless
veterans upon turnover.
The alternative requirements established in this Notice apply to
all PHAs that administer HUD-VASH vouchers, including those that have
not received an allocation of HUD-VASH vouchers, but administer these
vouchers as a receiving PHA under the portability feature of the HCV
program.
The new waivers and program flexibilities include: (1) New
authorization allowing a PHA to act in the role of the VAMC or DSPs for
the purposes of family selection in cases where the PHA has been
previously approved for this authority (section II.a.); (2) new
allowance for a PHA and owner to agree to amend a PBV HAP contract to
re-designate a regular PBV unit as a unit specifically designated for
HUD-VASH families (section II.k); (3) new authorization for PHAs to
apply separate payment standards for HUD-VASH families without
additional HUD approval (section II.o.); and (4) new requirement that
PHAs must allow Special Housing Types for HUD-VASH (section II.p.).
The updates made to existing requirements include: (1) Allowing
PHAs to house HUD-VASH veterans referred by the VA in a project-based
voucher unit without selecting from the PHA's waiting lists or applying
local preferences (section II.a); (2) additional explanation regarding
the process for portability moves for victims of domestic violence,
dating violence, sexual assault, and stalking (section II.f); (3)
additional details regarding case management requirements from the VAMC
or DSP (section II.g); (4) explanation that, in the case of a family
break-up, the HUD-VASH assistance must stay with the HUD-VASH veteran;
however, in the case of domestic violence, dating violence, sexual
assault, or stalking in which the HUD-VASH veteran is the perpetrator,
the victim must continue to be assisted (section II.h.); (5)
explanation that a Moving to Work (MTW) PHA can apply their approved
MTW provisions to their HUD-VASH program with approval from HUD's
Housing Choice Voucher
[[Page 53209]]
office (section II.j.); (6) explanation regarding the application of
HUD-VASH waivers and flexibilities to HUD-VASH PBV (section II.k); (7)
explanation of HUD-VASH PBV exceptions under the Housing Opportunities
Through Modernization Act (HOTMA) (section II.k.); (8) explanation that
when a HUD-VASH family is eligible to move from its PBV unit the family
must be able to move with a HUD-VASH tenant-based voucher (section
II.k.); and (9) additional explanation of the HUD-VASH reallocation
process through voluntary moves between PHAs and voucher recapture for
future reallocation (section II.m.).
This document does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition or new construction, or establish, revise or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
document is categorically excluded from environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321).
a. Family Eligibility and Selection
HUD-VASH eligible families consist of homeless veterans and their
families. The Appropriations Acts have provided for statutory or
regulatory waivers or alternative requirements upon a finding by the
Secretary that such waivers or alternatives are necessary for the
effective administration and delivery of voucher assistance (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment). The December 17, 2007, Explanatory
Statement for the 2008 Appropriation Act provides, ``The Appropriations
Committees expect that these vouchers will be made available to all
homeless veterans, including recently returning veterans.'' \1\ Section
8(o)(19) of the United States Housing Act of 1937 (USHA of 1937), which
requires homeless veterans to have chronic mental illnesses or chronic
substance use disorders with required treatment of these disorders as a
condition of receipt of HUD-VASH assistance, is waived.
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\1\ See, 153 Cong. Rec. H16514 (daily ed., Dec. 17, 2007),
https://www.congress.gov/crec/2007/12/17/CREC-2007-12-17-pt3-PgH16381.pdf.
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By agreeing to administer the HUD-VASH program, the PHA is
relinquishing its authority to determine the eligibility of families in
accordance with regular HCV program rules and PHA policies with the
exceptions of income eligibility and lifetime sex offender status.
Specifically, under the HUD-VASH program, PHAs will not have the
authority to screen any potentially eligible family members or deny
assistance for any grounds permitted under 24 CFR 982.552 (broad denial
for violations of HCV program requirements) and 982.553 (specific
denial for criminal activity and alcohol abusers), with one exception.
PHAs will still be required to prohibit admission if any member of the
household is subject to a lifetime registration requirement under a
state sex offender registration program. However, unless the family
member that is subject to lifetime registration under a state sex
offender registration program is the homeless veteran (which would
result in denial of admission for the family), the remaining family
member/s may be served if the family agrees to remove the sex offender
from its family composition. Accordingly, HUD is exercising its
authority to waive 42 U.S.C. 1437d(s); 42 U.S.C. 13661(a), (b), and
(c); and 24 CFR 982.552 and 982.553 regarding the denial of admission,
except for 982.553(a)(2)(i), which requires denial of admission to
certain registered sex offenders. These provisions also apply to PBV
assistance.
Eligibility determination and veteran selection is done by the
VAMC, DSP, or the PHA, as described later in this section. In the case
of the VAMC or DSP, HUD-VASH eligible families are referred to the
partnering PHA for the issuance of a voucher or selection for a PBV
unit. As stated above, the PHA must accept these referrals, and written
documentation of these referrals must be maintained in the tenant file
at the PHA.
PHAs are not authorized to maintain a waiting list or apply local
preferences for the HUD-VASH program. Instead, VA case managers refer
HUD-VASH eligible families to the PHA for the issuance of a HUD-VASH
voucher or project-based assistance. If a HUD-VASH-eligible family is
referred and there is an available PBV unit that is not exclusively
made available to HUD-VASH families, the PHA may also offer to refer
the family to the owner for occupancy of that unit if allowable under
the selection policy applicable to that project, and the owner and PHA
may amend the PBV HAP contract to designate the PBV unit as a HUD-VASH
PBV unit. Accordingly, sections 8(o)(6)(A) and (B) and 8(o)(13)(J) of
the USHA of 1937, 42 U.S.C. 1437f(o)(6)(A) and (B) and (o)(13)(J),
regarding preferences, have been waived to provide for the effective
administration of the program. In addition, 24 CFR 982.202, 982.204,
982.207, and 983.251 relating to applicant selection from the waiting
list and local preferences, are also waived. Section 983.251(a)(4),
which disallows renting to relatives except when it may be necessary as
a reasonable accommodation, is not waived. Note that 24 CFR
982.202(b)(3) (Family characteristics); 24 CFR 982.202(d) (Admission
policy); and 24 CFR 983.251(a)(3) (VAWA applies to admission to the
project-based voucher program) continue to apply. Sections 982.203,
982.205, and 982.206 regarding special admissions, cross-listing of the
waiting list, and opening and closing the waiting list do not apply to
the HUD-VASH program.
The VA may approve a PHA with unleased HUD-VASH vouchers as a DSP
for the purposes of veteran selection and intake. This DSP approval
allows a PHA to issue a HUD-VASH voucher to a veteran without a
referral from the VA. The PHA is responsible for determining the
veteran is eligible for VA HUD-VASH case management. The PHA must refer
the veteran to the VA for case management and must provide temporary
case management until the VAMC has completed intake of the veteran.
PHAs approved under this authority must ensure that while using
unleased HUD-VASH vouchers, they maintain sufficient HUD-VASH vouchers
available to immediately issue a HUD-VASH voucher to veterans referred
by the VA. HUD and the VA will publish further guidance on the
requirements for a PHA to be approved and additional details necessary
for PHAs to implement this provision. Until such guidance is issued,
PHAs may not be approved as DSPs.
Regarding verifying Social Security Numbers (SSN) for homeless
veterans and their family members, an original document issued by a
federal or state government agency which contains the name of the
individual and the SSN of the individual along with other unique
identifying information of the individual is acceptable in accordance
with 24 CFR 5.216(g). In the case of the homeless veteran, the PHA must
accept the Certificate of Release or Discharge from Active Duty (DD-
214) or the VA-verified Application for Health Benefits (10-10EZ) as
verification of SSN and cannot require the veteran to provide an SSN
card. These documents must also be accepted for proof of age purposes
in lieu of birth certificates or other PHA-required documentation.
Please note that veterans are also issued photo identification cards by
the VA. If such identification is required by the PHA, these cards must
be accepted by the
[[Page 53210]]
PHA in lieu of another type of government-issued photo identification.
These cards may also be used to verify SSNs and date of birth.
When adding a family member after the HUD-VASH family is admitted
to the program, the rules of Sec. 982.551(h)(2) apply. Other than the
birth, adoption, or court-awarded custody of a child, the PHA must
approve additional family members and may apply its regular screening
criteria in doing so.
*** Civil rights requirements cannot be waived. The HUD-VASH
program is administered in accordance with applicable civil rights and
fair housing requirements. These include applicable authorities under
24 CFR 5.105(a) and 24 CFR 982.53 including, but not limited to, the
Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title
VI of the Civil Rights Act of 1964, the Age Discrimination Act, the
Americans with Disabilities Act, and HUD's Equal Access Rule.\2\
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\2\ See 24 CFR 5.105(a); See also, U.S. Department of Housing
and Urban Development, Fair Housing Rights and Obligations, https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_rights_and_obligations (last visited Sept. 17, 2021).
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When HUD-VASH applicants or recipients include veterans with
disabilities or family members with disabilities, HUD's reasonable
accommodation requirements apply. These standards require PHAs to make
a reasonable adjustment to rules, policies, practices, and procedures
when it may be necessary to enable an applicant or resident with a
disability to have an equal opportunity to use and enjoy a dwelling,
the common areas of a dwelling, or participate in or access a
recipient's programs and activities. These standards extend to various
aspects of program implementation, including, for example, denial or
termination of assistance, initial search term of the HCV, initial
lease term, and informal reviews and hearings. In the case of project-
based assistance, this also includes providing structural changes to a
unit or public or common use area when they may be needed as a
reasonable accommodation for an applicant or participant or their
household members with a disability. Other obligations include, for
example, effective communication with persons with disabilities,
physical accessibility requirements, and overall nondiscrimination in
the administration of the program.*
b. Income Eligibility
The PHA must determine income eligibility for HUD-VASH families in
accordance with 24 CFR 982.201. Income targeting requirements of
section 16(b) of the USHA of 1937, as well as 24 CFR 982.201(b)(2), do
not apply for HUD-VASH families so that participating PHAs can
effectively serve the eligible population specified in the
Appropriations Acts; that is, homeless veterans, who may be at a
variety of income levels, including low-income. The PHA may, however,
choose to include the admission of extremely low-income HUD-VASH
families in its income targeting numbers for the fiscal year in which
these families are admitted. In conformance with normal program rules,
PHAs may not deny admission to a family with zero income and must
consider hardship circumstances before charging a minimum rent in
accordance with 24 CFR 5.630(b).
c. Initial Search Term of the Voucher
Recognizing the challenges that HUD-VASH participants may face with
their housing search, HUD-VASH vouchers must have an initial search
term of at least 120 days. Therefore, 24 CFR 982.303(a), which states
that the initial search term must be at least 60 days, shall not apply,
since the initial term must be at least 120 days. Any extensions,
suspensions, and progress reports will remain under the policies in the
PHA's administrative plan but will apply after the minimum 120-day
initial search term. Extensions of search terms may also be needed as a
reasonable accommodation for a household with a member with a
disability, such as for example, due to the difficulty in finding a
unit that meets one's disability-related needs, e.g., physically
accessible unit, unit near accessible transportation, unit near medical
or other facilities.
d. Initial Lease Term
Under the HCV program, voucher participants must enter an initial
lease with the owner for at least one year, unless a shorter term would
improve housing opportunities for the tenant and the shorter term is a
prevailing market practice. To provide a greater range of housing
opportunities for HUD-VASH voucher holders, initial leases may be less
than 12 months; therefore, both section 8(o)(7)(A) of the USHA of 1937,
42 U.S.C. 1437f(o)(7)(A), and 24 CFR 982.309(a)(2)(ii) are waived. Note
that this waiver does not apply to PBVs.
e. Ineligible Housing
HUD-VASH families will be permitted to live on the grounds of a VA
facility in units developed to house homeless veterans. This applies to
both tenant-based assistance and PBV. Therefore, 24 CFR 982.352(a)(5)
and 983.53(a)(2), which prohibit units on the physical grounds of a
medical, mental, or similar public or private institution, are waived
for that purpose only.
f. Mobility and Portability of HUD-VASH Vouchers
An eligible family issued a HUD-VASH voucher must receive case
management services provided by the partnering VAMC or DSP. Therefore,
special mobility and portability procedures must be established. HUD-
VASH participant families may reside only in those jurisdictional areas
that are accessible to case management services as determined by the
VAMC or DSP. Since the VAMC or DSP will be identifying homeless
veterans eligible to participate in the HUD-VASH program, section
8(r)(1)(B)(i) of the USHA of 1937, 42 U.S.C. 1437f(r)(1(B)(i), which
restricts portability in cases where the family did not reside in the
jurisdiction of the PHA at the time of application for HCV assistance,
and 24 CFR 982.353(a), (b), and (c), which affects where a family can
lease a unit with HCV assistance, do not apply. HUD may publish PIH
notices from time to time to further explain portability requirements
under the HUD-VASH program.
(1) Portability Moves Within Same Catchment Area (or Area of Operation)
Where Case Management Is Provided by the Initial PHA's Partnering VAMC
or DSP
If the family initially leases up, or moves, under portability
provisions, but the initial PHA's partnering VAMC or DSP will still be
able to provide the necessary case management services due to the
family's proximity to the partnering VAMC or DSP, the receiving PHA
must process the move in accordance with the portability procedures of
24 CFR 982.355. However, since the initial PHA must maintain records on
all HUD-VASH families receiving case management services from its
partnering VAMC or DSP, receiving PHAs without a HUD-VASH program must
bill the initial PHA. Therefore, 24 CFR 982.355(d), which gives the
receiving PHA the option to absorb the family into its own HCV program
or bill the initial PHA, is not applicable.
(2) Portability Moves Within Same Catchment Area Where Both PHAs Have
Received HUD-VASH Vouchers
The receiving PHA may bill the initial PHA or absorb the family
into its own HUD-VASH program if the VAMC or DSP providing the initial
case management agrees to the absorption by the receiving PHA and the
transfer of
[[Page 53211]]
case management. The absorption will also entail the availability of a
HUD-VASH voucher and case management provision by the receiving PHA's
partnering VAMC or DSP.
(3) Portability Moves Where Receiving PHA Is Beyond Catchment Area
If a family wants to move to another jurisdiction where it will not
be possible for the initial PHA's partnering VAMC or DSP to provide
case management services, the VAMC or DSP must first determine that the
HUD-VASH family could be served by another VAMC or DSP that is
participating in this program, and the receiving PHA must have a HUD-
VASH voucher available for this family. In these cases, the family must
be absorbed by the receiving PHA either as a new admission (upon
initial participation in the HUD-VASH program) or as a portability
move-in (after an initial leasing in the initial PHA's jurisdiction).
Upon absorption, the initial PHA's HUD-VASH voucher will be available
to lease to a new HUD-VASH eligible family, as determined by the
partnering VAMC or DSP, and the absorbed family will count toward the
number of HUD-VASH slots awarded to the receiving PHA.
When the receiving PHA completes the Family Report (HUD-50058)
under the scenario described above, the action type that must be
recorded on line 2a is ``1'' for a new admission (a family that is new
to the HCV program) or ``4'' for a portability move-in (a family that
was previously leased up in the jurisdiction of the initial PHA).
Whether the family is a new admission or portability move-in, in
section 12 of the HUD-50058, line 12d is always marked ``Y.'' In cases
of portability where families move out of the catchment area of the
initial PHA, 12e must be 0 since the family must be absorbed, and 12f
must be left blank.
(4) Portability Moves Where Receiving PHA Is Beyond Catchment Area for
Victims of Domestic Violence, Dating Violence, Sexual Assault, and
Stalking
Veterans who request to port beyond the catchment area of the VAMC
or DSP where they are receiving case management to protect the health
or safety of a person who is or has been the victim of domestic
violence, dating violence, sexual assault, or stalking, and who
reasonably believes him- or herself to be threatened with imminent harm
from further violence by remaining in the dwelling unit (or any family
member has been the victim of a sexual assault that occurred on the
premises during the 90-calendar-day period preceding the family's move
or request to move), may port prior to receiving approval from the
receiving VAMC or DSP. The initial PHA must follow its emergency
transfer plan as described in 24 CFR 5.2005(e). PHAs may require verbal
self-certification or a written request from a participant seeking a
move beyond the catchment area of the VAMC or DSP.
The verbal self-certification or written request must include
either, a statement expressing why the participant reasonably believes
that there is a threat of imminent harm from further violence if the
participant were to remain in the same dwelling unit assisted under the
PHA; or a statement that the tenant was a sexual assault victim and
that sexual assault occurred on the premises during the 90-day period
preceding the participant's request for the move. The veteran escaping
violence must be admitted to the VAMC or DSP's caseload. The
participant must still port to a PHA that has a HUD-VASH program; if
the receiving PHA does not have a HUD-VASH voucher available to lease,
they may bill the initial PHA until a HUD-VASH voucher is available, at
which point the porting veteran must be absorbed into the receiving
PHA's program.
(5) Portability Moves when Case Management Is No Longer Required
If the family no longer requires case management, as determined by
the VAMC or DSP, there are no portability restrictions. PHAs must
follow the regulatory requirements for portability found at 24 CFR
982.355. When completing the HUD-50058, the family will continue to be
coded ``VASH'' on line 2n unless the family has been moved to a regular
voucher, in which case the code in 2n would be left blank.
g. Case Management Requirements
The VAMC or DSP's responsibilities include: (1) The screening of
homeless veterans to determine whether they meet the HUD-VASH program
participation criteria established by the VA national office; (2)
assisting veterans with the PHA application and assisting the veteran
family with obtaining needed PHA documentation to ensure rapid voucher
issuance; (3) referrals of homeless veterans to the PHA; (4) providing
case management and supportive services to potential HUD-VASH program
participants, as needed, prior to PHA issuance of rental vouchers; (5)
providing housing search assistance to HUD-VASH participants with
rental vouchers; (6) identifying the social service and medical needs
of HUD-VASH participants and providing, or ensuring the provision of,
regular ongoing case management, outpatient health services,
hospitalization, and other supportive services, as needed, throughout
this initiative; and (7) maintaining records and providing information
for evaluation purposes, as required by HUD and the VA.
As a condition of HCV rental assistance, both tenant-based
assistance and PBV, a HUD-VASH eligible veteran must receive the case
management services noted above, as needed, directly from or arranged
by, the VAMC or DSP. The VAMC or DSP, in consultation with the veteran,
is responsible for determining if case management is required and if
the case management requirement is satisfied.
If a veteran no longer requires case management, but maintains
their HUD-VASH voucher assistance, the VAMC or DSP will maintain
contact with the veteran family to provide support and planning
assistance with the recertification and reinspection process. The VAMC
or DSP case manager will remain available to provide support to the
veteran family, as needed.
h. Termination of Assistance
There are two alternative requirements for termination of
assistance for HUD-VASH participants. As detailed above, HUD-VASH
voucher assistance is contingent upon participation in case management,
as required by the VAMC or DSP. If the VAMC or DSP has determined that
a veteran is not participating in required case management, without
good cause, the PHA must terminate the family from the HUD-VASH
program. However, a VAMC or DSP determination that the veteran does not
require or no longer requires case management is not grounds for
termination of voucher or PBV assistance. In such case, and at its
option, the PHA may offer the family continued assistance through one
of its regular vouchers, to free up the HUD-VASH voucher for another
eligible family referred by the VAMC or DSP. If the PHA has no voucher
to offer, the family will retain its HUD-VASH voucher, or PBV unit,
until such time as the PHA has an available voucher for the family. If
the family no longer requires case management, there are no portability
restrictions. Normal portability rules apply.
Second, PHAs may terminate a family evicted from housing assisted
under the program for a serious violation of the lease, but they are
not required to do so. As such, the regulation at 24 CFR 982.552((b)(2)
is amended to state, ``The PHA may terminate program assistance for a
family evicted from housing assisted under the program for serious
violation of the lease.'' Prior to terminating HUD-VASH participants,
[[Page 53212]]
HUD strongly encourages PHAs to exercise their discretion under 24 CFR
982.552(c)(2) and consider all relevant circumstances of the specific
case, as well as including the role of the case manager and the impact
that ongoing case management services can have on mitigating the
conditions that led to the potential termination, prior to determining
whether to terminate assistance. PHAs also must grant reasonable
accommodations for persons with disabilities in accordance with 24 CFR
part 8. In addition, a HUD-VASH participant family must not be
terminated after admission, for a circumstance or activity that
occurred before admission and was known to the PHA but could not be
considered at the time of admission due to the HUD-VASH Operating
Requirements. The PHA can only terminate the family's assistance for
program violations that occur after the family's admission to the
voucher program.
Generally, in the case of a family break-up, the HUD-VASH
assistance must stay with the HUD-VASH veteran. However, in the case of
domestic violence, dating violence, sexual assault, or stalking, in
which the HUD-VASH veteran is the perpetrator, the victim must continue
to be assisted. Upon termination of the perpetrator's HUD-VASH voucher
due to the perpetrator's acts of domestic violence, dating violence,
sexual assault, or stalking, the victim must be given a regular HCV if
one is available, and the perpetrator's HUD-VASH voucher must be used
to serve another eligible veteran family. If a regular HCV is not
available for the victim, the perpetrator must be terminated from
assistance, and the victim will continue to utilize the HUD-VASH
voucher.
i. Turnover of HUD-VASH Vouchers
In accordance with the Appropriations Acts, upon turnover, HUD-VASH
vouchers must be issued to homeless veteran families as identified by
the VAMC or DSP, as noted above.
j. Moving-to-Work (MTW) Agencies
HUD-VASH vouchers may be administered in accordance with
flexibilities approved under PHA's Standard MTW Agreement or MTW
Operations Notice with approval from HUD's Housing Choice Voucher
office. PHAs must submit a request through their local field office to
operate HUD-VASH in accordance with approved MTW flexibilities.
Requests will be approved provided the flexibilities to not conflict
with the stated HUD-VASH program requirements. However, these vouchers
are never eligible for MTW fungibility. HUD-VASH vouchers must be
reported in the IMS/PIC system on either the regular HUD-50058 or HUD-
MTW 50058 for vouchers under the agency's MTW Agreement.
k. Project-Based Assistance
Section 8(o)(13)(D) of the USHA of 1937 (42 U.S.C. 1437(o)(13)(D)),
as amended by Section 106(a)(3) of the Housing Opportunities Through
Modernization Act (HOTMA) (Pub. L. 114-201, 130 Stat. 782), is waived
for HUD-VASH vouchers so that all units exclusively made available to
HUD-VASH families in a PBV project are exempted from the PBV income-
mixing requirements (project cap). The project cap refers to the number
of units in a project that may receive PBV assistance and is generally
the higher of 25 units or 25 percent of units in the project. Units
exclusively made available to HUD-VASH families are excluded from (do
not count against) this PBV project cap. Additionally, HUD-VASH
supportive services only need to be provided to all HUD-VASH families
in the project, not all families receiving PBV assistance in the
project. If a HUD-VASH family does not require or no longer requires
case management, the unit continues to count as an excepted PBV unit
for as long as the family resides in that unit. Likewise, Section
8(o)(13)(B) of the USHA of 1937, 42 U.S.C. 1437f(o)(13)(B)), as amended
by Section 106(a)(2) of HOTMA, is waived for HUD-VASH vouchers so that
HUD-VASH units made available under a competitive PIH notice for HUD-
VASH PBV units, are exempt from the PBV program limitation. This
exception only applies to HUD-VASH PBV vouchers awarded through the
HUD-VASH PBV set-aside process. All other HUD-VASH vouchers that the
PHA opts to project-base, are still subject to the PBV program
limitation.
Pursuant to the HUD-VASH case management and termination
requirements, a HUD-VASH family's PBV assistance must be terminated for
failure to participate in case management as required by the VAMC or
DSP. Upon notification by the VAMC or DSP of the family's failure to
participate, without good cause, in case management, the PHA must
provide the family a reasonable time period (as established by the PHA)
to vacate the unit. The PHA must terminate assistance to the family at
the earlier of (1) the time the family vacates or (2) the expiration of
the reasonable time period given to vacate (the lease terminates at the
same time as termination of assistance per 24 CFR 983.256(f)(3)(v)). If
the family fails to vacate the unit within the established time, the
owner may evict the family. If the owner does not evict the family, the
PHA must remove the unit from the HAP contract or amend the HAP
contract to substitute a different unit in the project if the project
is partially assisted. A PHA may add the removed unit to the HAP
contract after the ineligible family vacates the property.
If a HUD-VASH family is eligible to move from its PBV unit and
there is no HUD-VASH tenant-based voucher available at the time the
family requests to move, the PHA may require a family that still
requires case management to wait for a HUD-VASH tenant-based voucher
for a period not to exceed 180 days. If a HUD-VASH tenant-based voucher
is still not available after that time period, the family must be
allowed to move with its HUD-VASH voucher. Alternatively, the PHA may
allow the family to move with its HUD-VASH voucher without having to
meet this 180-day waiting period. In either case, the PHA may either
replace the assistance in the PBV unit with one of its regular vouchers
if the unit is eligible for a regular PBV (for instance, so long as the
unit is not on the grounds of a medical facility and so long as the
unit is eligible under the PHA's program and project caps) or the PHA
and owner may agree to temporarily remove the unit from the HAP
contract. If a HUD-VASH veteran has been determined to no longer
require case management, the PHA must allow the family to move with the
first available tenant-based voucher if no HUD-VASH voucher is
immediately available and cannot require the family to wait for a HUD-
VASH voucher to become available.
Under HOTMA, PHAs no longer need authorization from HUD to convert
tenant-based HUD-VASH vouchers to project-based HUD-VASH vouchers.
However, PHAs must consult with the partnering VAMC or DSP to ensure
approval of the project. PHAs and the partnering VAMC or DSP are
expected to communicate regarding the PBV planning and development.
PHAs may project-base HUD-VASH vouchers in projects alongside other PBV
units (the other PBV units must be attached in accordance with PBV
requirements) and may execute a single HAP contract covering both the
HUD-VASH PBVs and the other PBVs. In the description of units in
Exhibit A of the HAP contract, PHAs must indicate the number of units
that will be exclusively made available to HUD-VASH families. The PHA
must refer only HUD-VASH families to PBV units exclusively made
available to HUD-VASH families and to PBV units funded through a HUD-
[[Page 53213]]
VASH PBV set-aside award. The PHA and owner may agree to amend a PBV
HAP contract to re-designate a regular PBV unit as a unit specifically
designated for HUD-VASH families, so long as the PHA first consults
with the VAMC or DSP. Additionally, the PHA and owner may agree to
amend a PBV HAP contract to re-designate a unit specifically designated
for HUD-VASH families as a regular PBV unit, so long as the unit is not
funded through a HUD-VASH PBV set-aside award and is eligible for a
regular PBV (for instance, the unit is not on the grounds of a medical
facility and the unit is eligible under the PHA's program and project
caps).
PBV project selection for HUD-VASH must follow all regular project
selection regulations.
l. Section Eight Management Assessment Program (SEMAP)
HUD-VASH vouchers will remain excluded from the SEMAP leasing
indicator. Therefore, 24 CFR 985.3(n)(1)(i) and (ii) are still waived.
During a HUD-VASH PHA's calendar year, the prorated budget authority
available for HUD-VASH vouchers and the units associated with that
budget authority will be excluded from the denominators for both units
leased, and dollars expended.
m. Reallocation of HUD-VASH Vouchers
Under the Appropriation Acts, Congress has directed VA and HUD to
collaboratively allocate HUD-VASH vouchers based on current
geographical need for such assistance. In recognition that there may be
changes and shifts in the population of homeless veterans over time, it
may become necessary for the VA and HUD to jointly reallocate HUD-VASH
vouchers to better address the current needs of the homeless veteran
population. This reallocation may be done in one of two ways. If there
is continued need at the VAMC or DSP, HUD-VASH vouchers may be
voluntarily moved between PHAs administering HUD-VASH programs within
the same VAMC or DSP catchment area. Alternatively, if it has been
determined that a VAMC or DSP no longer has sufficient need and will
not be able to utilize their available HUD-VASH vouchers, HUD and VA
may choose to jointly recapture HUD-VASH vouchers from the VAMC or DSP
and any partnering PHA(s). Recaptured vouchers, and any associated
funding, will be reallocated through a national allocation process, to
areas with current need. HUD will issue additional PHA guidance on both
HUD-VASH voucher voluntary moves within a VAMC or DSP and the HUD-VASH
recapture processes.
n. HQS Inspections
To expedite the leasing process for tenant-based HUD-VASH, PHAs may
pre-inspect available units that veterans may be interested in leasing
to maintain a pool of eligible units. If a HUD-VASH family selects a
unit that passed a HQS inspection (without intervening occupancy)
within 45 days of the date of the Request for Tenancy Approval (form
HUD-52517), the unit may be approved as long as it meets all other
conditions under 24 CFR 982.305. As required by 24 CFR 982.353(e), a
PHA is prohibited from directly or indirectly reducing the family's
opportunity to select among all available units. All regulatory
requirements pertaining to HQS found at 24 CFR 982.401 apply to HUD-
VASH.
o. Exception Payment Standards
Many housing markets with a high need for HUD-VASH are very
competitive with a shortage of affordable rental units. In addition,
landlords may be reluctant to rent to homeless individuals due to poor
credit history or other issues. To assist HUD-VASH participants in
finding affordable housing, especially in competitive markets, HUD is
waiving 24 CFR 982.503(a)(3) to allow a PHA to establish a HUD-VASH
exception payment standard. Without this waiver, a PHA is required to
establish a single payment standard amount for each unit size.
Additionally, 982.503(b)(iii) is waived so that PHAs may go up to, but
no higher than 120 percent of the published metropolitan area-wide FMRs
or Small Area FMRs (based on which FMRs the PHA is applying)
specifically for HUD-VASH families. A PHA that wants to establish a
HUD-VASH exception payment standard over 120 percent must still request
a waiver from HUD through the regular waiver process outlined in notice
PIH 2018-16, or any successor notices. Exception payment standards
implemented by the PHA under this Section also apply in determining
rents for PBV projects with units exclusively made available to HUD-
VASH families (see 24 CFR 983.301).
p. Special Housing Types
Special housing types can be particularly useful to HUD-VASH
clients, as it can increase the availability of housing, and for some
veterans, can be a better housing environment than a single-family
unit. As such, PHAs must permit HUD-VASH clients to use the following
special housing types for tenant-based HUD-VASH assistance, regardless
of whether these types are permitted in their administrative plan for
other families: single room occupancy (SRO); congregate housing; group
home; shared housing; and cooperative housing. Regulations for these
housing types can be found at 24 CFR part 982, subpart M.
Consistent with the regulations, HUD-VASH PBV can never be applied
to shared housing.
III. Reporting Requirements
The VASH code was established for use on line 2n of the Family
Report (form HUD-50058) or 2p of the MTW 50058, to indicate if the
family participates in a special program. The information collection
requested on both Family Reports has been approved by the Office of
Management and Budget (OMB) and given OMB control number 2577-0083. No
person is required to respond to, nor shall any person be subject to a
penalty for failure to comply with a collection of information subject
to the requirements of the Paperwork Reduction Act (PRA), unless that
collection displays a currently valid OMB control number. This code
must remain on the HUD-50058 and MTW 50058 for the duration of the HUD-
VASH family's participation in the program. The PHA that administers
the HUD-VASH voucher on behalf of the family (regardless of whether the
PHA has received an allocation of HUD-VASH vouchers) must enter and
maintain this code on the HUD-50058 or MTW 50058.
Data will also be captured in the Voucher Management System (VMS)
on monthly leasing and expenditures for HUD-VASH vouchers.
For any additional systems reporting requirements that may be
established, HUD will provide further guidance.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2021-20734 Filed 9-24-21; 8:45 am]
BILLING CODE 4210-67-P
