In 91.5, the definition of Homeless is added to read as follows: Homeless. However, because the term domestic violence is the only one of these terms to appear in section 103(a)(6)(C) of the Act, it remains the only one of these terms to appear in the corresponding provision in the final rule. A variety of alternative time frames were suggested, the most common of which was 180 days, which is the current standard for HUD's Homelessness Prevention and Rapid Re-Housing Program (HPRP). Comment: The standards in the fourth category are so broad that almost anyone can qualify. HUD reminds readers that where an unaccompanied youth or family with children and youth is moving to immediately flee, or attempt to flee, domestic violence, dating violence, sexual assault, or stalking, the unaccompanied youth or family with children and youth will qualify as homeless under the fourth category of the homeless definition and the accompanying minimal evidentiary standards for that category will apply. Another commenter stated that someone who is living doubled up with others due to economic or other safety conditions should be included in the definition of homeless. The final rule expands what is acceptable evidence of an individual's stay in an institution to include an oral statement made by a social worker, case manager, or other appropriate official at an institution that is documented by the intake worker of the housing or service program. The Emergency Solutions Grant (ESG) Program is a formula grant to states and to larger cities and counties to fund rapid re-housing, homelessness prevention programs, and emergency shelters for people experiencing homelessness. Other commenters strongly encouraged HUD to include additional barriers to employment to the list. ), subtitle N of the VAWA (42 U.S.C. In order to allow for a variety of appropriate processes, HUD has not revised the language from the proposed rule. We list types of homeless assistance including: shelters, clothing assistance, food assistance, social services organizations, dental assistance, housing assistance programs . The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 was signed into law on May 20, 2009. Comment: An oral statement should be sufficient without further verification. To set clear guidelines and documentation standards for the definition of homeless individual with a disability, this final rule adds recordkeeping requirements for disability to 24 CFR parts 582 and 583. HUD recognizes that circumstances, as well as the type of service or housing provided, will affect the ability of intake workers to obtain some forms of documentation listed in paragraph (b) of the recordkeeping requirements for the definition of homeless. For emergency shelters that require clients to present every night to gain access to a bed for just that night, HUD would not want the inability to obtain third-party documentation to prohibit access to a bed for the night. Because the existing regulations for the Shelter Plus Care program (24 CFR part 582) use the term persons with disabilities, the substance of the proposed definition of homeless individual with a disability has been integrated into the existing definition of persons with disabilities Start Printed Page 76011in the Shelter Plus Care regulations while preserving language that involves requirements that go beyond the definition of homeless individual with a disability in the HEARTH Act. HUD also agrees that it is probable that unaccompanied youth under the age of 18 will likely meet the criteria of having multiple barriers to employment; however, intake workers cannot automatically presume eligibility for this criterion. Individuals with speech or hearing impairments may Start Printed Page 76013access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339. HUD Response: The statute specifically states that an oral statement * * * that is found to be credible shall be considered credible evidence. HUD proposed implementation of this provision by providing verification requirements intended to establish a consistent standard by which an oral statement may be found credible. Other commenters suggested that HUD define the term as a period of up to one year. See 42 U.S.C. Comment: Clarify the recordkeeping standards for persons staying in a hotel or motel that lack the resources to stay there for more than 14 days. An unaccompanied youth who is living on the streets or in shelters will qualify as homeless under the first category of this definition. To accommodate these concerns while still maintaining a level of responsibility for documentation by the institution, HUD added additional methods of documenting homeless status for persons in paragraph (1)(iii) of the homeless definition to include discharge paperwork; written and oral referrals from a social worker, case manager, or other appropriate official of the institution; and a written record of the intake worker's due diligence in attempting to obtain a statement from an appropriate official at the institution as acceptable evidence when coupled with a certification by the individual seeking assistance. Rule clarification. HUD Response: HUD agrees that third-party documentation should be obtained whenever possible. Another commenter suggested that as long as the youth and families deemed homeless under this category have chronic disabilities or other similarly disabling conditions, there is no purpose served by extending the time period to be living in doubled-up conditions or requiring a certain number of moves, as it is the presence of these conditions that make it difficult for these youth and families to find stable housing. Homeless Emergency Assistance and Rapid Transition to Housing Act of 2008." www.GovTrack.us. legal research should verify their results against an official edition of With respect to persistent instability as measured by frequent moves, the proposed rule set a standard of three moves or more during a 90-day period. The intake worker must obtain the credible evidence required to document that an unaccompanied youth is fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence, in order to qualify the unaccompanied youth as homeless under this category. However, lack of third-party documentation must not prevent an individual or family from being immediately admitted to emergency shelter, receiving street outreach services, or being immediately admitted to shelter or receiving services provided by a victim service provider, as defined in section 401(32) of the McKinney-Vento Homeless Assistance Act, as amended by the HEARTH Act. Commenters stated that the proposed rule is not clear concerning which other federal programs have definitions of homeless. One commenter asked if the proposed rule addresses only definitions existing as of the date of this proposed rule or if future definitions by other federal programs will also be considered. Throughout this preamble, all references to a number category of homeless refer to this list. HUD reiterates that this category is for unaccompanied youth, and families with children and youth, who do not qualify as homeless under another part of the definition. (iv) Is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury; (2) A developmental disability, as defined in this section; or. 1786(b)(15)), and subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. (5) Intake staff-recorded observation of disability that, no later than 45 days of the application for assistance, is confirmed and accompanied by evidence in paragraph (c)(1), (2), (3), or (4) of this section. Commenters recommended that the rule mention other ways stays in institutions could be verified, such as via certifications by local caseworkers, discharge paperwork, or HMIS. HUD revised paragraph (b) of the recordkeeping requirements for homeless status to clarify that the order of priority among documentation is third-party documentation first, intake worker observation second, and certification by the individual or head of household seeking assistance third. HUD includes recordkeeping requirements to assist intake workers in documenting disability as defined in this final rule. HUD Response: HUD agrees that providers should be able to use existing evidence to document a household's status. The exception to this is for recipients that provide emergency assistance, including emergency shelters that provide a bed for one night, and victim service providers. Comment: Revise the standards for documenting barriers to employment. Many commenters requested that HUD lessen the standards for documenting barriers to employment established in 577.3(4)(iii) of the proposed rule. are not part of the published document itself. Rule clarification. Specific changes to the recordkeeping requirements for the definition of homeless will be discussed in the remainder of this section of the preamble. The final rule clarifies that shelter in paragraph (1)(iii) of the definition of homeless means emergency shelter.. The commenters stated that the statute was unambiguous and that HUD has narrowed the definition. Where disability is an eligibility requirement, an intake staff-recorded observation of disability may be used to document disability status as long as the disability is confirmed by the aforementioned evidence within 45 days of the application for assistance. informational resource until the Administrative Committee of the Federal Some commenters suggested that the phrase should be revised to state a lack of employment history or a history of unstable employment and should Start Printed Page 76004reference the barrier created by a weak, unstable job market. Use the PDF linked in the document sidebar for the official electronic format. HUD recognizes that verifying an individual or family's homeless status requires additional steps by housing and service providers and often requires a homeless individual or family to answer the same questions more than once. 14043e-2), section 330(h) of the Public Health Service Act (42 U.S.C. The HEARTH Act consolidates three of the separate homeless assistance programs administered by HUD under the. Shelter includes Emergency Shelter but not Transitional Housing. The HEARTH Act defines an individual or family who resided in shelter or a place not meant for human habitation and who is exiting an institution where he or she temporarily Start Printed Page 75996resided as homeless. In this final rule, HUD clarifies that shelter means emergency shelter but not transitional housing for the purposes of qualifying as homeless under this provision.
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