[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Notices]
[Page 25026-25028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my08-101]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5213-N-01]
Section 8 Housing Choice Vouchers: Implementation of the HUD-VA
Supportive Housing Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing.
ACTION: Notice.
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SUMMARY: This Notice sets forth the policies and procedures for the
administration of tenant-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 centers.
DATES: Effective date: May 6, 2008.
FOR FURTHER INFORMATION CONTACT: David A. Vargas, Director, Office of
Housing Voucher Programs, Department of Housing and Urban Development,
451 Seventh Street, SW., Room 4228, Washington, DC, 20410, telephone
number (202) 708-2815. (This is not 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. Turnover of HUD-VASH Vouchers
i. Moving-to-Work (MTW) Agencies
j. Project-based Assistance
k. Section Eight Management Assessment Program (SEMAP)
III. Reporting Requirements
I. Background
Seventy-five million dollars in Housing Choice Voucher (HCV)
program funding will provide 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
initiative is known as the HUD-VASH program and 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''). The HUD-VASH program combines HUD HCV rental assistance
for homeless veterans with case management and clinical services
provided by the Department of Veterans Affairs (VA) at its medical
centers and in the community. Ongoing VA case management, health, and
other supportive services will be made available to homeless veterans
at as many as 132 VA Medical Center (VAMC) supportive services sites
across the nation.
The 2008 Appropriation Act required HUD to ``make such funding
available, notwithstanding section 204 (competition provision) of this
title, to public housing agencies (PHAs) that partner with eligible VA
Medical Centers 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, public housing agency 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 VA, in consultation with HUD,
identified 132 VAMCs that will participate with the program. In doing
so, the VA took into account the population of homeless veterans
needing services in the area, the number of homeless veterans served by
the homeless programs at each VAMC during Fiscal Years 2006 and FY
2007, geographic distribution, and VA case management resources. There
will be at least one site in each of the 50 states and in the District
of Columbia and Puerto Rico.
HUD, in consultation with the VA, and in consideration of a PHA's
administrative performance, identified eligible PHAs located in the
jurisdiction of the VAMCs and invited them to apply for HUD-VASH
vouchers. The number of HUD-VASH vouchers awarded to each PHA was
determined by HUD and the VA. Approximately 35 rental vouchers were
awarded for each professional, full-time HUD-VASH case manager at the
local VAMC. HUD-VASH vouchers may be reallocated in the future based on
need and usage. A PHA that participates in the HUD-VASH program must
partner with their VASH VAMC. Additional information on program
requirements and procedures may be found on HUD's Web site at
www.HUD.gov.
II. Special Rules for the HUD-VASH Voucher Program
This section sets forth the design features of the HUD-VASH
vouchers, including the eligibility of families, portability, case
management, and the turnover of these vouchers. The 2008 Appropriation
Act states ``that the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), 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 notice 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.
HUD-VASH vouchers under this part are administered in accordance
with the HCV tenant-based rental assistance regulations set forth at 24
CFR part 982. In the HCV program, the PHA pays monthly rental subsidies
so that eligible families can afford decent, safe, and sanitary
housing. HUD provides housing assistance funds to the PHA, as well as
funds for PHA administration of the program.
Under the HCV tenant-based program, families select and rent units
that meet program housing-quality standards. If the PHA approves a
family's unit and tenancy, the PHA contracts with the owner to make
rent subsidy payments (housing assistance payments) directly
[[Page 25027]]
to the owner on behalf of the family on a monthly basis. The family
enters into a lease with the owner and pays its share of the rent to
the owner in accordance with the lease. The housing assistance payment
(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.
Unless expressly noted below, all regulatory requirements and HUD
directives regarding the HCV tenant-based program 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 Public and Indian Housing Information
Center (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.
a. Family Eligibility and Selection
HUD-VASH eligible families are homeless veterans. The 2008
Appropriation Act provides 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. 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' (153 Cong.
Rec. H16514 (daily ed., Dec. 17, 2007)). HUD, through its undersigned
Secretary, finds the following waivers necessary to effectively
administer and deliver the program to all veterans in accordance with
Congressional intent.
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.
The VAMC will refer HUD-VASH eligible families to the PHA for the
issuance of vouchers. Written documentation of these referrals must be
maintained in the tenant file at the PHA. Therefore, the PHA will not
have the authority to maintain a waiting list or apply local
preferences for HUD-VASH vouchers. Accordingly, section 8(o)(6)(A) of
the USHA of 1937, 42 U.S.C. 1437f(o)(6)(A), in regard to preferences,
has been waived to provide for the effective administration of the
program. In addition, 24 CFR 982.202, 982.204, and 982.207, relating to
applicant selection from the waiting list and local preferences, are
also waived. 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 VAMC will screen all families in accordance with its screening
criteria. 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.
Specifically, under the HUD-VASH program, PHAs will not have the
authority to screen potentially eligible families 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 criminals 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. Accordingly, the Department is
exercising its authority to waive 42 U.S.C. 1437d(s); 42 U.S.C.
13661(a), (b), and (c); and 24 CFR Sections 982.552 and 982.553, with
the exception of 982.553(a)(2)(i), which requires denial of admission
to certain registered sex offenders.
Civil rights requirements cannot be waived. The HUD-VASH program is
administered in accordance with applicable Fair Housing requirements.
These requirements prohibit discrimination on the basis of race, color,
religion, sex, familial status, national origin, or disability. When
disabled veterans are HUD-VASH recipients, HUD's reasonable
accommodation standards apply.
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 2008
Appropriation Act; that is, homeless veterans, who may be at a variety
of income levels. 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.
c. Initial Term of the HCV
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, Sec. 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.
d. Initial Lease Term
Under the HCV program, voucher participants must enter into an
initial lease with the owner for 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.
e. Ineligible Housing
HUD-VASH families will be permitted to live on the grounds of a
VAMC in units owned by the VA. Therefore, 24 CFR 982.352(a)(5), which
prohibits units on the grounds of a medical, mental, or similar public
or private institution, is 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 VAMC. 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 partnering
VAMC. Since the VAMC will be identifying homeless veterans eligible to
participate
[[Page 25028]]
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.
(1) Portability Moves Where Case Management Is Provided by the Initial
PHA's Partnering VAMC
If the family initially leases up, or moves, under portability
provisions, but the initial PHA's partnering VAMC will still be able to
provide the necessary case management services due to its proximity to
the partnering VAMC, 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, receiving
PHAs 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.
When the receiving PHA completes the HUD-50058 under the scenarios
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
marked ``Y,'' 12e must be 0 since the family must be absorbed, and 12f
must be left blank.
g. Case Management Requirements
The VAMC 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)
providing appropriate treatment and supportive services to potential
HUD-VASH program participants, if needed, prior to PHA issuance of
rental vouchers; (3) providing housing search assistance to HUD-VASH
participants with rental vouchers; (4) 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 (5) maintaining records and providing
information for evaluation purposes, as required by HUD and the VA.
As a condition of HCV rental assistance, a HUD-VASH eligible family
must receive the case management services noted above from the VAMC.
Therefore, a HUD-VASH participant family's HCV assistance must be
terminated for failure to participate, without good cause, in case
management as verified by the VAMC. However, a VAMC determination that
the participant family no longer requires case management is not
grounds for termination of assistance. In such case, and at its option,
the PHA may offer the family continued HCV assistance through one of
its regular vouchers, to free up the HUD-VASH voucher for another
eligible family referred by the VAMC.
h. Turnover of HUD-VASH Vouchers
In accordance with the 2008 Appropriation Act, upon turnover, HUD-
VASH vouchers must be issued to eligible families as identified by the
VAMC, as noted above.
i. Moving-To-Work (MTW) Agencies
HUD-VASH vouchers must be administered in accordance with this
Notice and are not eligible for fungibility under their MTW agreements.
HUD-VASH vouchers must be reported on separately from vouchers under
the agency's MTW Agreement.
j. Project-Based Assistance
Although HUD-VASH vouchers are tenant-based rental assistance, the
Department will consider, on a case-by-case basis, requests from the
PHA (with the support of the VAMC) to project-base these vouchers in
accordance with 24 CFR part 983.
k. Section Eight Management Assessment Program (SEMAP)
Since leasing of HUD-VASH vouchers will be dependent on referrals
from the VAMC, the unit months and budget authority associated with
these vouchers will not be included in the SEMAP leasing indicator
denominator. Therefore, 24 CFR 985.3(n)(1)(i) and (ii) are waived.
However, utilization of these vouchers will be monitored separately
through HUD systems.
III. Reporting Requirements
A new code (VASH) has been established for use on line 2n of the
Family Report (form HUD-50058), which provides for an indication if the
family participates in ``other special programs.'' The information
collection requested on HUD-50058 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 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 (initial or receiving PHA under
portability) must enter and maintain this code on the HUD-50058.
For any additional systems reporting requirements that may be
established, HUD will provide further guidance.
Dated: May 1, 2008.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. 08-1220 Filed 5-1-08; 4:00 pm]
BILLING CODE 4210-67-P