HUD has further defined actively encourage within this standard as a comprehensive outreach plan, including specific steps for identifying homeless persons and referring them to appropriate housing and services in that geographic area. (8) Housing search and counseling services. Program Requirements (Subpart F): All recipients of Continuum of Care funding must comply with the program regulations and the requirements of the Notice of Funding Availability that HUD will issue each year. Coordinated entry, which received little attention when HEARTH was passed, marks a major shift in how communities address homelessness. No additional assistance will be paid until the unit is occupied by another eligible person. Executive Order 13559 provides for the establishment of an Interagency Working Group on Faith-Based and Other Neighborhood Partnerships (Working Group) to review and evaluate existing regulations, guidance documents, and policies, and directs the OMB to issue guidance to agencies on uniform implementation following receipt of the Working Group's report. Recipients shall ensure that all subrecipient agreements make organizations receiving program funds aware of these requirements. The clarification is necessary in this rule because Continuums of Care are not required to be legal entities, but HUD can enter into contractual agreements with legal entities only. Public, religious, educational, or recreational leases. Continuums are expected to include representation to the extent that the type of organization exists within the geographic area that the Continuum represents and is available to participate in the Continuum. For in-kind match, the governmentwide grant requirements of HUD's regulations in 24 CFR 84.23 (for private nonprofit organizations) and 85.24 (for governments) apply. Where coordinated-entry has been successful at prioritizing assistance for the most vulnerable, it has helped communities save money through reduced use of crisis services like psychiatric hospitals. HUD is confident that this systematic review by Continuums of Care will lead to better use of limited resources and more efficient service models, with the end result of preventing and ending homelessness. This section of the interim rule is substantially revised from the previous programs to increase clarity and comprehension of the directions to recipients and subrecipients in the use of grant funds. 1518 K Street NW, 2nd Floor, Washington, DC 20005 Privacy Policy, T: 202.638.1526 | F: 202.638.4664 The final regulation on the Definition of "Chronically Homeless" was published in the Federal Register on December 4, 2015. HUD chose this approach because the Continuum might not be a legal entity, and therefore cannot enter into enforceable contractual agreements, but is the appropriate body for establishing and implementing decisions that affect the entire geographic area covered by the Continuum, including decisions related to funding. (2) If grant funds are used for new construction, the applicant must demonstrate that the costs of new construction are substantially less than the costs of rehabilitation or that there is a lack of available appropriate units that could be rehabilitated at a cost less than new construction. These requirements will ensure the effective management of the Continuum of Care process and ensure that the process is inclusive and fair. Choose the PowerPoint presentation you want to display. In the interim rule, HUD has clarified that the imminent threat of harm must be from further domestic violence, dating violence, sexual assault, or stalking, which would include threats from a third party, such as a friend or family member of the perpetrator of the violence. the official SGML-based PDF version on govinfo.gov, those relying on it for (a) If HUD finds that the Continuum of Care for a geographic area does not meet the requirements of the Act or its implementing regulations, or that there is no Continuum for a geographic area, HUD may take remedial action to ensure fair distribution of grant funds within the geographic area. Eligible applicant(s) must have been designated by the Continuum of Care to submit an application for grant funds under this part. Specific request for comment. Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a regulatory action is significant and, therefore, subject to review by the Office of Management and Budget (OMB) in accordance with the requirements of the order. All recipients of Continuum of Care funding must comply with the program regulations and the requirements of the NOFA issued annually by HUD. The interim rule also provides that HUD may terminate the renewal of any grant and require the recipient to repay the renewal grant if the recipient fails to submit a HUD Annual Performance Report (APR) within 90 days of the end of the program year or if the recipient submits an APR that HUD deems unacceptable or shows noncompliance with the requirements of the grant and this part. Applicant is defined to mean an entity that has been designated by the Continuum of Care as eligible to apply for assistance on behalf of that Continuum. (4) Response from the Continuum of Care. Displacement, relocation, and acquisition. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program, and revises the Emergency Shelter Grants program and rename. On April 27, 2012, the Working Group issued its report, recommending a model set of regulations and guidance for agencies to adopt.[1]. Recipients of funds for rehabilitation and new construction must begin construction activities within 9 months of the signing of the grant, and such activities must be completed within 24 months. A Collaborative Applicant that performed this role is known as a Unified Funding Agency. A Collaborative Applicant can become a Unified Funding Agency in one of two ways: 1) by applying to HUD for that status, or 2) by being designated by HUD if HUD finds that the Collaborative Applicant has the requisite capacity, that HUD and the Collaborative Applicant agree on what technical assistance would be needed, and that the designation would benefit the community. Amends the Indian Long-Term Leasing Act of 1955, 25 U.S.C. No projects will be funded from the lower scoring Continuum. (c) Monitoring costs. It is responsible for ensuring that its community participates in HMIS. Program funds may not be used for the operating costs of emergency shelter- and supportive service-only facilities. In addition, the rents may not exceed rents currently being charged for comparable units, and the rent paid may not exceed HUD-determined fair market rents. HUD has defined communities that compose the geographic area to mean the entire geographic area of the Continuum. The request must be made while the project is operating as homeless housing or supportive services for homeless Start Printed Page 45459individuals and families, must be in writing, and must include an explanation of why the project is no longer needed to provide transitional or permanent housing or supportive services. Limitation on use of funds. (2) Enter into legally binding agreements with subrecipients, and receive and distribute funds to subrecipients for all projects within the geographic area. Section 1504 of the HEARTH Act directs HUD to establish regulations for this program. The FPRN establishes the base for the maximum award amount for the Continuum of Care. The U.S. Interagency Council on Homelessness is also reauthorized with several changes: National Alliance to End Homelessness The interim rule provides that a recipient may terminate assistance to a participant who violates program requirements or conditions of occupancy. Under section 423 of the McKinney-Vento Act, a collaborative applicant may use no more than 3 percent of total funds made available to pay for administrative costs related to Continuum of Care planning. The administrative funds related to CoC planning made available will be added to a CoC's FPRN to establish the CoCs maximum award amount. The costs of monitoring recipients and subrecipients and enforcing compliance with program requirements are eligible. The housing or service provider may also consider other documentation such as emails, voicemails, text messages, social media posts, and other communication. This feature is not available for this document. 2. HUD is requesting comment on all of these proposed requirements; however, HUD specifically requests comments from Continuums of Care and ESG recipients on the requirement that the Board include an ESG recipient as part of its membership. Grants will be renewed if HUD receives a certification from the Continuum that there is a demonstrated need for the project, and HUD finds that the project complied with program requirements applicable before August 30, 2012. Section 578.93(b) explains when recipients and subrecipients may exclusively serve a particular subpopulation in transitional or permanent housing. (3) Must have established an affirmative procurement program for the procurement of recovered materials identified in the EPA guidelines. (C) Limit rental assistance to no more than 24 months to a household. HUD has determined this will provide clarity and ensure consistent measurement across Continuums. (ii) The rental assistance may be tenant-based, project-based, or sponsor-based, and may be for transitional or permanent housing. The documentation that each homeless individual or family who sought homeless assistance be included in the HMIS is not measurable by HUD. For now, HUD is requiring that any objections and any referrals be documented in accordance with the recordkeeping provisions of 578.013. A Continuum of Care that is in a rural state but consists entirely of a metropolitan area may not apply under the rural program. (b) UFA costs. You also have the option to opt-out of these cookies. Funds can be used to serve people who are homeless or at risk of homelessness, and the eligible activities will be: In addition, up to 20 percent of funding could be used for capacity building activities. The ESG Program interim rule incorporates the Final Homeless Definition. This may be written observation by the housing or service provider; a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom the victim has sought assistance; current restraining order; recent court order or other court records; law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts; or a written certification by the program participant to whom the violence occurred or the head of household.
