Continuum of Care Program-Increasing Mobility Options for Homeless Individuals and Families With Tenant-Based Rental Assistance, 38581-38585 [2016-13684]
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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations
Availability and Summary of
Documents for Incorporation by
Reference
List of Subjects in 14 CFR Part 71
This document amends FAA Order
7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015,
and effective September 15, 2015. FAA
Order 7400.9Z is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Adoption of the Amendment
The Rule
■
Airspace, Incorporation by reference,
Navigation (air).
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
The FAA is amending Title 14 of the
Code of Federal Regulations (14 CFR)
part 71 by adding the words ‘‘The
airspace within R–4403F is excluded
during its times of use’’ to the regulatory
text of VOR Federal airway V–552.
Because this amendment is necessary to
ensure the safe separation of airway
traffic from restricted airspace when the
restricted area is active, I find that
notice and public procedure under 5
U.S.C. 553(b) are impractical and
contrary to the public interest.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, dated August 6, 2015 and
effective September 15, 2015, is
amended as follows:
■
Paragraph 6010(a)
Airways.
*
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
V–552 [Amended]
From Beaumont, TX, via INT Beaumont 056°
and Lake Charles, LA, 272° radials; Lake
Charles; INT Lake Charles 064° and Lafayette,
LA, 281° radials; Lafayette; Tibby, LA;
Harvey, LA; Picayune, MS; Semmes, AL; INT
Semmes 063° and Monroeville, AL, 216°
radials; to Monroeville. The airspace within
restricted area R–4403F is excluded during
its times of use.
Environmental Review
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Regulatory Notices and Analyses
[Docket No. FR–5476–I–03]
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5–
6.5a. This airspace action consists of
modifying an airway and it is not
expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exists
that warrant preparation of an
environmental assessment.
RIN 2506–AC29
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Domestic VOR Federal
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Issued in Washington, DC, on June 6, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016–13938 Filed 6–13–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 578
Continuum of Care Program—
Increasing Mobility Options for
Homeless Individuals and Families
With Tenant-Based Rental Assistance
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Interim rule.
AGENCY:
On July 31, 2012, HUD
published an interim rule entitled
SUMMARY:
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38581
‘‘Homeless Emergency Assistance and
Rapid Transition to Housing:
Continuum of Care Program.’’ The
Continuum of Care (CoC) program is
designed to address the critical problem
of homelessness through a coordinated
community-based process of identifying
needs and building a system of housing
and services to address those needs.
This rule amends the CoC program
regulations to allow individuals and
families to choose housing outside of a
CoC’s geographic area, subject to certain
conditions, and to retain the tenantbased rental assistance under the CoC
program. In addition to allowing
individuals and families to choose
housing outside of the CoC’s geographic
area, this interim rule exempts
recipients and subrecipients from
compliance with all nonstatutory
regulations when a program participant
moves to flee domestic violence, dating
violence, sexual assault, or stalking.
This relaxation of conditions is
consistent with the Violence Against
Women Reauthorization Act of 2013,
directing greater protections for victims
of domestic violence, dating violence,
sexual assault, or stalking.
DATES:
Effective date: July 14, 2016.
Comment due date: August 15, 2016.
ADDRESSES: Interested persons are
invited to submit comments regarding
this rule to the Regulations Division,
Office of General Counsel, 451 7th
Street SW., Room 10276, Department of
Housing and Urban Development,
Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov Web site can be
viewed by other commenters and
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interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule.
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No Facsimile Comments. Facsimile
(fax) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at 202–708–
3055 (this is not a toll-free number).
Individuals with speech or hearing
impairments may access this number
through TTY by calling the Federal
Relay Service at 800–877–8339 (this is
a toll-free number). Copies of all
comments submitted are available for
inspection and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Norm Suchar, Director, Office of Special
Needs Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410–7000; telephone
number 202–708–4300 (this is not a tollfree number). Hearing- and speechimpaired persons may access this
number through TTY by calling the
Federal Relay Service at 800–877–8339
(this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Continuum of Care (CoC)
program is authorized by the McKinneyVento Homeless Assistance Act
(McKinney-Vento), as amended by the
Homeless Emergency Assistance and
Rapid Transition to Housing Act of
2009, which is Division B of Public Law
111–22, approved May 20, 2009
(HEARTH Act). The purposes of the CoC
program is to promote communitywide
commitment to the goal of ending
homelessness; provide funding for
efforts by nonprofit providers and by
State and local governments to quickly
rehouse homeless individuals and
families while minimizing the trauma
and dislocation caused to homeless
individuals, families, and communities
by homelessness; promote access to and
effective utilization of mainstream
programs by homeless individuals and
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families; and optimize self-sufficiency
among individuals and families
experiencing homelessness. Section
1504 of the HEARTH Act directs HUD
to establish regulations for the CoC
program. (See 42 U.S.C. 11301 note.) On
July 31, 2012, at 77 FR 45422, HUD
published an interim rule to establish,
in 24 CFR part 578, the regulatory
framework for the CoC program and the
CoC planning process.
Continuum of Care not only is the
name of the program, but refers to the
body responsible for carrying out the
duties under the CoC program. In order
to be eligible for funds under the CoC
program, representatives from relevant
organizations within a geographic area
must establish a CoC. Representatives
from relevant organizations include
nonprofit homeless assistance
providers, victim service providers,
faith-based organizations, governments,
businesses, advocates, public housing
agencies, school districts, social service
providers, mental health agencies,
hospitals, universities, affordable
housing developers, law enforcement,
and organizations that serve veterans
and homeless and formerly homeless
individuals. Where these organizations
are located within the geographic area
served by the CoC, HUD expects a
representative of the organization to be
a part of the CoC.
Although HUD issued its July 31,
2012, rule for effect, HUD also sought
public comment, and at the end of the
public comment period on October 1,
2012, HUD had received 551 public
comments. HUD received valuable
feedback from the public comments.
However, HUD did not immediately
move to the next rule stage because
HUD wanted to examine how the
interim regulations worked in practice.
HUD has gained valuable information
on where modifications may need to be
made to its existing CoC regulations, not
only on the basis of public comments
received, but also on the basis of
experience with the existing regulations
to date.
II. This Rule
This rule focuses on a narrow area of
the existing CoC program regulations
and that is the ability of an individual
or family with tenant-based rental
assistance funded through the CoC
program to choose housing, outside of a
CoC’s geographic area, subject to certain
conditions, and to retain the tenantbased rental assistance under the CoC
program if the program participant
moves outside the CoC’s geographic
area.
McKinney-Vento and the CoC
program regulations provide that CoC
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program grant funds may be used for
rental assistance for homeless
individuals and families. Rental
assistance includes tenant-based rental
assistance, project-based rental
assistance, or sponsor-based rental
assistance. With respect to tenant-based
rental assistance, § 578.51 of the CoC
program regulations states that tenantbased rental assistance is rental
assistance in which program
participants choose housing of an
appropriate size in which to reside.
However, the CoC program regulations
limit use of tenant-based rental
assistance to within the CoC’s
geographic area. This limitation was
determined reasonable because to serve
individuals and families outside of the
CoC’s geographic area may impose
greater burden and cost on the recipient
providing the assistance. The only
exception in the CoC program
regulations to the limitation for
retention of tenant-based rental
assistance is for program participants
who are victims of domestic violence,
dating violence, sexual assault, or
stalking who are at imminent threat of
further harm. These participants,
however, must have complied with all
other obligations of the program and
must reasonably believe that they are
imminently threatened by harm from
further violence if they remain in the
assisted dwelling unit.
Commenters on the July 2012 interim
rule advised that the exception to
retention of tenant-based rental
assistance to the CoC’s geographic area
was too narrow. HUD received
comments, generally, about high-cost
housing markets and the difficulty that
providers are having in locating
affordable units within their CoC’s
geographic area because of the high cost
of housing. A commenter stated that the
requirement to use CoC program funds
within the CoC’s geographic area would
cause undue hardship for clients and
subrecipients due to the difficulty and
time required to find affordable units in
high-cost areas of their State. HUD also
received comments about how the
limitation requiring CoC program funds
to be used within the CoC’s geographic
area restricted tenant-choice and limited
opportunities for program participants
to identify affordable housing. In
response to these concerns, several
commenters proposed, as a partial
solution, that the regulation be changed
to permit program participants to use
CoC program funds to rent units outside
of the CoC’s geographic area.
In light of the comments received on
increasing mobility in the CoC program,
and HUD’s recently issued Affirmatively
Furthering Fair Housing final rule,
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which emphasizes the importance of
housing choice,1 HUD has determined
to amend the CoC program regulations
to allow all individuals and families
receiving tenant-based rental assistance
being paid for with CoC program funds
(program participants) to choose
housing outside of the CoC’s geographic
area and to retain their tenant-based
rental assistance if they move outside of
the CoC’s geographic area, subject to the
following conditions:
• The decision of a program
participant to choose housing or move
outside of the CoC’s geographic area is
one that is made in consultation
between the program participant and
the recipient or subrecipient.
• The recipient or subrecipient may
decline a program participant’s request
to choose housing or move outside of
the CoC’s geographic area if the
recipient or subrecipient is unable to
comply with all CoC program
requirements in the geographic area
where the housing selected by the
program participant is selected,
including ensuring the housing meets
required safety and quality standards (at
the time of publication of this rule
compliance with Housing Quality
Standards (HQS) is required), carrying
out environmental reviews where
necessary, calculating the program
participant’s income for determining
rent contributions, conducting an
annual assessment of the program
participant’s service needs, making
supportive services available for the
duration of the program participant’s
residence in the project, ensuring
supportive services are provided in
compliance with all State and local
licensing codes, and providing monthly
case management in the case of rapid
rehousing (RRH) projects. The only
reason the provider may decline a
program participant’s request to choose
housing or move outside of the CoC’s
geographic area is that the recipient or
subrecipient cannot reasonably meet all
statutory and regulatory program
requirements. If the program
participant’s request to move is
declined, but the program participant
believes the provider could have
reasonably accommodated the request,
the program participant may contact the
CoC or HUD directly.
• The receiving CoC (the CoC with
jurisdiction over the geographic area to
which the program participant seeks to
move) is not involved in the decision to
allow a program participant to move.
Since discretion to move rests with the
program participant, in consultation
1 See Affirmatively Furthering Fair Housing final
rule, published on July 16, 2015, at 80 FR 42272.
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with the recipient or subrecipient
providing the tenant-based rental
assistance, with the goal being
continuation of service by the original
recipient or subrecipient, the receiving
CoC may not prohibit the program
participant from moving into its
geographic area.
• The program participant remains in
the Homeless Management Information
System of the CoC where the program
participant is enrolled for assistance.
In brief, this rule provides the
opportunity for persons who are
experiencing homelessness to have
access to additional possible housing
options while still maintaining their
tenant-based rental assistance from the
recipient within the CoC where they
were determined eligible for, and began
receiving assistance. This rule will
accomplish this by allowing program
participants to use their tenant-based
rental assistance in an area outside of
the CoC’s geographic area where the
household presented for, and was
determined eligible for CoC programfunded tenant-based rental assistance.
While this interim rule allows for
expanded mobility, HUD anticipates
that tenant-based rental assistance will
be used principally within the CoC’s
geographic area.
With respect to a CoC program
participant who has tenant-based rental
assistance and is fleeing imminent
threat of further harm from domestic
violence, the existing regulations allow
such participant to move outside of the
CoC’s geographic area, but the program
participant’s move is subject to the
program participant having complied
with all program requirements during
their residence in the CoC’s geographic
area. This rule would exempt the
recipient or subrecipient from
regulatory requirements (such as
providing monthly case management for
RRH projects and conducting an annual
assessment of the service needs of the
program participant that has moved),
but the recipient or subrecipient would
not be exempt from statutory
requirements such as participating in
HMIS, ensuring housing meets quality
standards, and ensuring the educational
needs of children are met. This
amendment would facilitate ensuring
the safety needs of victims of domestic
violence, dating violence, sexual
assault, or stalking by imposing less
burdensome requirements on recipients
and subrecipients while still ensuring
that the housing that will be occupied
by the victim of domestic violence,
dating violence, sexual assault, or
stalking meets all statutory
requirements, including minimum
quality standards.
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38583
Specific Request for Comment: HUD
seeks input from providers on the
impact of exempting recipients or
subrecipients from nonstatutory
regulatory requirements when a
program participant is fleeing imminent
threat of further harm from domestic
violence, dating violence, sexual
assault, or stalking, and moves to
another CoC’s geographic area.
HUD also seeks input on exempting
recipients or subrecipients from nonstatutory regulatory requirements when
any program participant, not just a
program participant fleeing imminent
threat of further harm from domestic
violence, dating violence, sexual
assault, or stalking, wishes to move
outside of the CoC’s geographic area, in
order to support mobility of tenants that
may be moving to access better job
opportunities, schools, or other
resources.
III. Justification for Interim
Rulemaking
In accordance with its regulations on
rulemaking at 24 CFR part 10, HUD,
generally, publishes its rules for
advance public comment.2 Notice and
public procedures may be omitted,
however, if HUD determines that, in a
particular case or class of cases, notice
and public comment procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ (See 24 CFR
10.1.)
In this case, HUD has determined that
it would be contrary to the public
interest to delay these two amendments
to the existing CoC regulations. HUD’s
work, subsequent to the July 2012, CoC
interim rule on improving the voucher
portability process, and the enactment
of the Violence Against Women Act of
2013 3 emphasized to HUD the need to
provide for mobility for participants in
its programs and not terminating tenantbased assistance. As noted in HUD’s
Streamlining the Portability Process
final rule,4 and in HUD’s Affirmatively
Furthering Fair Housing final rule,
mobility allows individuals or families
2 The Administrative Procedure Act (5 U.S.C.
Subchapter II) (APA), which governs Federal
rulemaking, provides in section 553(a) that matters
involving a military or foreign affairs function of the
United States or a matter relating to Federal agency
management or personnel or to public property,
loans, grants, benefits, or contracts are exempt from
the advance notice and public comment
requirement of sections 553(b) and (c) of the APA.
In its regulations in 24 CFR 10.1, HUD has waived
the exemption for advance notice and public
comment for matters that relate to public property,
loans, grants, benefits, or contracts, and has
committed to undertake notice and comment
rulemaking for these matters.
3 Public Law 113–4, approved March 7, 2013.
4 See final rule published on August 20, 2015, at
80 FR 50564.
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greater choice in living in the areas of
their choice. As noted in the preamble,
this interim rule would allow program
participants, in consultation with their
service providers, to move to outside of
a CoC’s geographic area of service. The
consultation is necessary because the
goal is to strive for and ensure
continued CoC service to the program
participant. The interim rule removes
the prohibition that only allowed
individuals and families who are
victims of domestic violence, dating
violence, sexual assault, or stalking to
move outside of the CoC’s geographic
area of service. Additionally, this rule
removes additional requirements
imposed on individuals and families
who are victims of domestic violence,
dating violence, sexual assault, or
stalking seeking to move outside of
CoC’s geographic area of service, which
may delay the ability of such
individuals or families to move to a safe
location.
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VI. Findings and Certifications
Regulatory Review—Executive Orders
12866 and 13563
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. Executive Order 13563
(Improving Regulations and Regulatory
Review) directs executive agencies to
analyze regulations that are ‘‘outmoded,
ineffective, insufficient, or excessively
burdensome, and to modify, streamline,
expand, or repeal them in accordance
with what has been learned.’’ Executive
Order 13563 also directs that, where
relevant, feasible, and consistent with
regulatory objectives, and to the extent
permitted by law, agencies are to
identify and consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public. This rule was
determined to be a ‘‘significant
regulatory action,’’ as defined in section
3(f) of Executive Order 12866 (although
not an economically significant
regulatory action, as provided under
section 3(f)(1) of the Executive order).
HUD expects it will receive few
requests from program participants who
are not domestic violence victims to
move outside of the CoC’s geographic
area where they are currently residing.
HUD does expect some requests will
arise from program participants residing
with the jurisdictions of CoCs that cover
small geographic areas. HUD expects no
increase or decrease in the number of
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requests from program participants who
are victims of domestic violence as
these program participants already have
this flexibility. For these reasons, HUD
believes the impact of this rule would
be minimal, but the flexibility to move
provided would align with two major
HUD rulemakings: HUD’s Affirmatively
Furthering Fair Housing final rule and
HUD’s Violence Against Women Act
2013 final rule, to be issued later this
year.
The docket file is available for public
inspection in the Regulations Division,
Office of General Counsel, Department
of Housing and Urban Development,
451 7th Street SW., Room 10276,
Washington, DC 20410–0500. Due to
security measures at the HUD
Headquarters building, please schedule
an appointment to review the docket file
by calling the Regulations Division at
202–708–3055 (this is not a toll-free
number). Individuals with speech or
hearing impairments may access this
number via TTY by calling the Federal
Relay Service at 800–877–8339 (this is
a toll-free number).
Environmental Impact
This rule covers tenant-based rental
assistance. Accordingly, under 24 CFR
50.19(b)(11), this rule is categorically
excluded from environmental review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) (UMRA)
establishes requirements for Federal
agencies to assess the effects of their
regulatory actions on State, local, and
tribal governments and on the private
sector. This interim rule does not
impose a Federal mandate on any State,
local, or tribal governments, or on the
private sector, within the meaning of
UMRA.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) generally requires an
agency to conduct a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. This rule
solely addresses the ability of
individuals and families participating in
the CoC program and who have tenantbased rental assistance to move outside
of a CoC’s geographic service area but
continue to be serviced by that CoC or
under the CoC program.
Notwithstanding HUD’s
determination that this rule will not
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have a significant effect on a substantial
number of small entities, HUD
specifically invites comments regarding
any less burdensome alternatives to this
rule that will meet HUD’s objectives as
described in this preamble.
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial direct compliance costs on
State and local governments and is not
required by statute, or the rule preempts
State law, unless the agency meets the
consultation and funding requirements
of section 6 of the Executive order. This
interim rule does not have federalism
implications and does not impose
substantial direct compliance costs on
State and local governments nor
preempt State law within the meaning
of the Executive order.
List of Subjects in 24 CFR Part 578
Community facilities, Continuum of
Care, Emergency solutions grants, Grant
programs—housing and community
development, Grant program—social
programs, Homeless, Rural housing,
Reporting and recordkeeping
requirements, Supportive housing
programs—housing and community
development, Supportive services.
Accordingly, for the reasons described
in the preamble, HUD amends 24 CFR
part 578 to read as follows:
PART 578—CONTINUUM OF CARE
PROGRAM
1. The authority citation for part 578
continues to read as follows:
■
Authority: 42 U.S.C. 11371 et seq., 42
U.S.C. 3535(d).
2. In § 578.51, paragraph (c) is revised
to read as follows:
■
§ 578.51
Rental assistance.
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(c) Tenant-based rental assistance.
Tenant-based rental assistance is rental
assistance in which program
participants choose housing of an
appropriate size in which to reside. Up
to 5 years’ worth of rental assistance
may be awarded to a project in one
competition.
(1) When necessary to facilitate the
coordination of supportive services,
recipients and subrecipients may
require program participants to live in a
specific area for their entire period of
participation, or in a specific structure
for the first year and in a specific area
for the remainder of their period of
participation. Program participants who
are receiving rental assistance in
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transitional housing may be required to
live in a specific structure for their
entire period of participation in
transitional housing.
(2) Program participants who have
complied with all program requirements
during their residence retain the rental
assistance if they move.
(3) Program participants who have
complied with all program requirements
during their residence, who have been
a victim of domestic violence, dating
violence, sexual assault, or stalking,
who reasonably believe they are
imminently threatened by harm 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) if they remain in the assisted
unit, and who are able to document the
violence and basis for their belief, may
retain the rental assistance and move to
a different Continuum of Care
geographic area if they move out of the
assisted unit to protect their health and
safety. These program participants may
move to a different Continuum of Care’s
geographic service area even if the
recipient or subrecipient cannot meet all
regulatory requirements of this part in
the new geographic area where the unit
is located. The recipient or subrecipient,
however, must be able to meet all
statutory requirements of the
Continuum of Care program either
directly or through a third-party
contract or agreement.
(4) Program participants other than
those described in paragraph (c)(3) of
this section may choose housing outside
of the Continuum of Care’s geographic
area if the recipient or subrecipient,
through its employees or contractors, is
able to meet all requirements of this part
in the geographic area where the
program participant chooses housing. If
the recipient or subrecipient is unable to
meet the requirements of this part,
either directly or through a third-party
contract or agreement, the recipient or
subrecipient may refuse to permit the
program participant to retain the tenantbased rental assistance if the program
participant chooses to move outside of
the Continuum of Care’s geographic
area.
*
*
*
*
*
Dated: May 24, 2016.
Harriet Tregoning,
Principal Deputy Assistant Secretary for
Community Planning and Development.
Approved on: May 24, 2016.
Nani A. Coloretti,
Deputy Secretary.
[FR Doc. 2016–13684 Filed 6–13–16; 8:45 am]
BILLING CODE 4210–67–P
VerDate Sep<11>2014
16:33 Jun 13, 2016
Jkt 238001
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 41
[167A2100DD/AAKC001030/
A0A501010.999900 253G]
RIN 1076–AF08
Grants to Tribal Colleges and
´
Universities and Dine College
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
AGENCY:
The Bureau of Indian
Education is updating its regulations
governing grants to Tribal colleges and
´
universities and Dine College. The
Tribally Controlled Colleges and
Universities Assistance Act of 1978, as
amended (TCCUA), authorizes Federal
assistance to institutions of higher
education that are formally controlled or
have been formally sanctioned or
chartered by the governing body of an
Indian Tribe or Tribes. The Navajo
Community College Assistance Act of
1978, as amended (NCCA) authorizes
Federal assistance to the Navajo Nation
in construction, maintenance, and
´
operation of Dine College. This final
rule would update implementing
regulations in light of amendments to
the TCCUA and the NCCA.
DATES: This rule is effective July 14,
2016.
SUMMARY:
Ms.
Juanita Mendoza, Acting Chief of Staff,
Bureau of Indian Education (202) 208–
3559.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
II. The Rule’s Changes to the Current
Regulations
III. Comments Received on the Proposed Rule
and Responses to Comments
IV. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation with Indian Tribes (E.O.
13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
L. Drafting Information
I. Background
The TCCUA authorizes grants for
operating and improving Tribal colleges
and universities to insure [sic]
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
38585
continued and expanded educational
opportunities for Indian students and to
allow for the improvement and
expansion of the physical resources of
such institutions. See, 25 U.S.C. 1801 et
seq. The TCCUA also authorizes grants
for the encouragement of endowment
funds for the operation and
improvement of Tribal colleges and
universities. The NCCA authorizes
grants to the Navajo Nation to assist in
the construction, maintenance and
´
operation of Dine College. See 25 U.S.C.
640a et seq.
In 1968, the Navajo Nation created the
´
first Tribal college, now called Dine
College—and other Tribal colleges
quickly followed in California, North
Dakota, and South Dakota. Today, there
are 37 Tribal colleges in 17 states. The
Tribally controlled institutions were
chartered by one or more Tribes and are
locally managed.
Tribal colleges generally serve
geographically isolated populations. In a
relatively brief period of time, they have
become essential to educational
opportunity for American Indian
students. Tribal colleges are unique
institutions that combine personal
attention with cultural relevance, in
such a way as to encourage American
Indians—especially those living on
reservations—to overcome barriers to
higher education.
II. The Rule’s Changes to the Current
Regulations
The regulations at 25 CFR part 41
were originally published in 1979. Since
the Tribally Controlled Community
College Assistance Act of 1978 (Pub. L.
95–471, Title I) was enacted on October
17, 1978, over 30 years of amendments
to the Act have been made. These
include Public Law 98–192 (December
1, 1983), Public Law 99–428 (September
30, 1996), Public Law 105–244 (October
7, 1998), and Public Law 110–315
(August 14, 2008). Similarly, the Navajo
Community College Assistance Act of
1978 (Pub. L. 95–471, Title II) was
amended by Public Law 110–315
(August 14, 2008). This final rule
incorporates updates required by those
amendments. Specifically, the final rule:
• Makes ‘‘plain language’’ revisions
under Executive Order 12866 and 12988
and by the Presidential Memorandum of
June 1, 1998;
• Updates institutional names (e.g.,
changing ‘‘Director, Office of Indian
Education Programs’’ to ‘‘Director of the
Bureau of Indian Education’’);
• Adds statutory authorities and
makes accompanying statutory updates;
and
• Combines the purpose, scope, and
definitions into a new subpart A.
E:\FR\FM\14JNR1.SGM
14JNR1
]]>Agencies
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38581-38585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13684]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 578
[Docket No. FR-5476-I-03]
RIN 2506-AC29
Continuum of Care Program--Increasing Mobility Options for
Homeless Individuals and Families With Tenant-Based Rental Assistance
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: On July 31, 2012, HUD published an interim rule entitled
``Homeless Emergency Assistance and Rapid Transition to Housing:
Continuum of Care Program.'' The Continuum of Care (CoC) program is
designed to address the critical problem of homelessness through a
coordinated community-based process of identifying needs and building a
system of housing and services to address those needs. This rule amends
the CoC program regulations to allow individuals and families to choose
housing outside of a CoC's geographic area, subject to certain
conditions, and to retain the tenant-based rental assistance under the
CoC program. In addition to allowing individuals and families to choose
housing outside of the CoC's geographic area, this interim rule exempts
recipients and subrecipients from compliance with all nonstatutory
regulations when a program participant moves to flee domestic violence,
dating violence, sexual assault, or stalking. This relaxation of
conditions is consistent with the Violence Against Women
Reauthorization Act of 2013, directing greater protections for victims
of domestic violence, dating violence, sexual assault, or stalking.
DATES:
Effective date: July 14, 2016.
Comment due date: August 15, 2016.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Regulations Division, Office of General Counsel, 451
7th Street SW., Room 10276, Department of Housing and Urban
Development, Washington, DC 20410-0500. Communications must refer to
the above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
[[Page 38582]]
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments
must be submitted through one of the two methods specified above.
Again, all submissions must refer to the docket number and title of
the rule.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an advance appointment to review the public comments must be
scheduled by calling the Regulations Division at 202-708-3055 (this is
not a toll-free number). Individuals with speech or hearing impairments
may access this number through TTY by calling the Federal Relay Service
at 800-877-8339 (this is a toll-free number). Copies of all comments
submitted are available for inspection and downloading at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Norm Suchar, Director, Office of
Special Needs Assistance Programs, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 7th
Street SW., Washington, DC 20410-7000; telephone number 202-708-4300
(this is not a toll-free number). Hearing- and speech-impaired persons
may access this number through TTY by calling the Federal Relay Service
at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Continuum of Care (CoC) program is authorized by the McKinney-
Vento Homeless Assistance Act (McKinney-Vento), as amended by the
Homeless Emergency Assistance and Rapid Transition to Housing Act of
2009, which is Division B of Public Law 111-22, approved May 20, 2009
(HEARTH Act). The purposes of the CoC program is to promote
communitywide commitment to the goal of ending homelessness; provide
funding for efforts by nonprofit providers and by State and local
governments to quickly rehouse homeless individuals and families while
minimizing the trauma and dislocation caused to homeless individuals,
families, and communities by homelessness; promote access to and
effective utilization of mainstream programs by homeless individuals
and families; and optimize self-sufficiency among individuals and
families experiencing homelessness. Section 1504 of the HEARTH Act
directs HUD to establish regulations for the CoC program. (See 42
U.S.C. 11301 note.) On July 31, 2012, at 77 FR 45422, HUD published an
interim rule to establish, in 24 CFR part 578, the regulatory framework
for the CoC program and the CoC planning process.
Continuum of Care not only is the name of the program, but refers
to the body responsible for carrying out the duties under the CoC
program. In order to be eligible for funds under the CoC program,
representatives from relevant organizations within a geographic area
must establish a CoC. Representatives from relevant organizations
include nonprofit homeless assistance providers, victim service
providers, faith-based organizations, governments, businesses,
advocates, public housing agencies, school districts, social service
providers, mental health agencies, hospitals, universities, affordable
housing developers, law enforcement, and organizations that serve
veterans and homeless and formerly homeless individuals. Where these
organizations are located within the geographic area served by the CoC,
HUD expects a representative of the organization to be a part of the
CoC.
Although HUD issued its July 31, 2012, rule for effect, HUD also
sought public comment, and at the end of the public comment period on
October 1, 2012, HUD had received 551 public comments. HUD received
valuable feedback from the public comments. However, HUD did not
immediately move to the next rule stage because HUD wanted to examine
how the interim regulations worked in practice. HUD has gained valuable
information on where modifications may need to be made to its existing
CoC regulations, not only on the basis of public comments received, but
also on the basis of experience with the existing regulations to date.
II. This Rule
This rule focuses on a narrow area of the existing CoC program
regulations and that is the ability of an individual or family with
tenant-based rental assistance funded through the CoC program to choose
housing, outside of a CoC's geographic area, subject to certain
conditions, and to retain the tenant-based rental assistance under the
CoC program if the program participant moves outside the CoC's
geographic area.
McKinney-Vento and the CoC program regulations provide that CoC
program grant funds may be used for rental assistance for homeless
individuals and families. Rental assistance includes tenant-based
rental assistance, project-based rental assistance, or sponsor-based
rental assistance. With respect to tenant-based rental assistance,
Sec. 578.51 of the CoC program regulations states that tenant-based
rental assistance is rental assistance in which program participants
choose housing of an appropriate size in which to reside. However, the
CoC program regulations limit use of tenant-based rental assistance to
within the CoC's geographic area. This limitation was determined
reasonable because to serve individuals and families outside of the
CoC's geographic area may impose greater burden and cost on the
recipient providing the assistance. The only exception in the CoC
program regulations to the limitation for retention of tenant-based
rental assistance is for program participants who are victims of
domestic violence, dating violence, sexual assault, or stalking who are
at imminent threat of further harm. These participants, however, must
have complied with all other obligations of the program and must
reasonably believe that they are imminently threatened by harm from
further violence if they remain in the assisted dwelling unit.
Commenters on the July 2012 interim rule advised that the exception
to retention of tenant-based rental assistance to the CoC's geographic
area was too narrow. HUD received comments, generally, about high-cost
housing markets and the difficulty that providers are having in
locating affordable units within their CoC's geographic area because of
the high cost of housing. A commenter stated that the requirement to
use CoC program funds within the CoC's geographic area would cause
undue hardship for clients and subrecipients due to the difficulty and
time required to find affordable units in high-cost areas of their
State. HUD also received comments about how the limitation requiring
CoC program funds to be used within the CoC's geographic area
restricted tenant-choice and limited opportunities for program
participants to identify affordable housing. In response to these
concerns, several commenters proposed, as a partial solution, that the
regulation be changed to permit program participants to use CoC program
funds to rent units outside of the CoC's geographic area.
In light of the comments received on increasing mobility in the CoC
program, and HUD's recently issued Affirmatively Furthering Fair
Housing final rule,
[[Page 38583]]
which emphasizes the importance of housing choice,\1\ HUD has
determined to amend the CoC program regulations to allow all
individuals and families receiving tenant-based rental assistance being
paid for with CoC program funds (program participants) to choose
housing outside of the CoC's geographic area and to retain their
tenant-based rental assistance if they move outside of the CoC's
geographic area, subject to the following conditions:
---------------------------------------------------------------------------
\1\ See Affirmatively Furthering Fair Housing final rule,
published on July 16, 2015, at 80 FR 42272.
---------------------------------------------------------------------------
The decision of a program participant to choose housing or
move outside of the CoC's geographic area is one that is made in
consultation between the program participant and the recipient or
subrecipient.
The recipient or subrecipient may decline a program
participant's request to choose housing or move outside of the CoC's
geographic area if the recipient or subrecipient is unable to comply
with all CoC program requirements in the geographic area where the
housing selected by the program participant is selected, including
ensuring the housing meets required safety and quality standards (at
the time of publication of this rule compliance with Housing Quality
Standards (HQS) is required), carrying out environmental reviews where
necessary, calculating the program participant's income for determining
rent contributions, conducting an annual assessment of the program
participant's service needs, making supportive services available for
the duration of the program participant's residence in the project,
ensuring supportive services are provided in compliance with all State
and local licensing codes, and providing monthly case management in the
case of rapid rehousing (RRH) projects. The only reason the provider
may decline a program participant's request to choose housing or move
outside of the CoC's geographic area is that the recipient or
subrecipient cannot reasonably meet all statutory and regulatory
program requirements. If the program participant's request to move is
declined, but the program participant believes the provider could have
reasonably accommodated the request, the program participant may
contact the CoC or HUD directly.
The receiving CoC (the CoC with jurisdiction over the
geographic area to which the program participant seeks to move) is not
involved in the decision to allow a program participant to move. Since
discretion to move rests with the program participant, in consultation
with the recipient or subrecipient providing the tenant-based rental
assistance, with the goal being continuation of service by the original
recipient or subrecipient, the receiving CoC may not prohibit the
program participant from moving into its geographic area.
The program participant remains in the Homeless Management
Information System of the CoC where the program participant is enrolled
for assistance.
In brief, this rule provides the opportunity for persons who are
experiencing homelessness to have access to additional possible housing
options while still maintaining their tenant-based rental assistance
from the recipient within the CoC where they were determined eligible
for, and began receiving assistance. This rule will accomplish this by
allowing program participants to use their tenant-based rental
assistance in an area outside of the CoC's geographic area where the
household presented for, and was determined eligible for CoC program-
funded tenant-based rental assistance. While this interim rule allows
for expanded mobility, HUD anticipates that tenant-based rental
assistance will be used principally within the CoC's geographic area.
With respect to a CoC program participant who has tenant-based
rental assistance and is fleeing imminent threat of further harm from
domestic violence, the existing regulations allow such participant to
move outside of the CoC's geographic area, but the program
participant's move is subject to the program participant having
complied with all program requirements during their residence in the
CoC's geographic area. This rule would exempt the recipient or
subrecipient from regulatory requirements (such as providing monthly
case management for RRH projects and conducting an annual assessment of
the service needs of the program participant that has moved), but the
recipient or subrecipient would not be exempt from statutory
requirements such as participating in HMIS, ensuring housing meets
quality standards, and ensuring the educational needs of children are
met. This amendment would facilitate ensuring the safety needs of
victims of domestic violence, dating violence, sexual assault, or
stalking by imposing less burdensome requirements on recipients and
subrecipients while still ensuring that the housing that will be
occupied by the victim of domestic violence, dating violence, sexual
assault, or stalking meets all statutory requirements, including
minimum quality standards.
Specific Request for Comment: HUD seeks input from providers on the
impact of exempting recipients or subrecipients from nonstatutory
regulatory requirements when a program participant is fleeing imminent
threat of further harm from domestic violence, dating violence, sexual
assault, or stalking, and moves to another CoC's geographic area.
HUD also seeks input on exempting recipients or subrecipients from
non-statutory regulatory requirements when any program participant, not
just a program participant fleeing imminent threat of further harm from
domestic violence, dating violence, sexual assault, or stalking, wishes
to move outside of the CoC's geographic area, in order to support
mobility of tenants that may be moving to access better job
opportunities, schools, or other resources.
III. Justification for Interim Rulemaking
In accordance with its regulations on rulemaking at 24 CFR part 10,
HUD, generally, publishes its rules for advance public comment.\2\
Notice and public procedures may be omitted, however, if HUD determines
that, in a particular case or class of cases, notice and public comment
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' (See 24 CFR 10.1.)
---------------------------------------------------------------------------
\2\ The Administrative Procedure Act (5 U.S.C. Subchapter II)
(APA), which governs Federal rulemaking, provides in section 553(a)
that matters involving a military or foreign affairs function of the
United States or a matter relating to Federal agency management or
personnel or to public property, loans, grants, benefits, or
contracts are exempt from the advance notice and public comment
requirement of sections 553(b) and (c) of the APA. In its
regulations in 24 CFR 10.1, HUD has waived the exemption for advance
notice and public comment for matters that relate to public
property, loans, grants, benefits, or contracts, and has committed
to undertake notice and comment rulemaking for these matters.
---------------------------------------------------------------------------
In this case, HUD has determined that it would be contrary to the
public interest to delay these two amendments to the existing CoC
regulations. HUD's work, subsequent to the July 2012, CoC interim rule
on improving the voucher portability process, and the enactment of the
Violence Against Women Act of 2013 \3\ emphasized to HUD the need to
provide for mobility for participants in its programs and not
terminating tenant-based assistance. As noted in HUD's Streamlining the
Portability Process final rule,\4\ and in HUD's Affirmatively
Furthering Fair Housing final rule, mobility allows individuals or
families
[[Page 38584]]
greater choice in living in the areas of their choice. As noted in the
preamble, this interim rule would allow program participants, in
consultation with their service providers, to move to outside of a
CoC's geographic area of service. The consultation is necessary because
the goal is to strive for and ensure continued CoC service to the
program participant. The interim rule removes the prohibition that only
allowed individuals and families who are victims of domestic violence,
dating violence, sexual assault, or stalking to move outside of the
CoC's geographic area of service. Additionally, this rule removes
additional requirements imposed on individuals and families who are
victims of domestic violence, dating violence, sexual assault, or
stalking seeking to move outside of CoC's geographic area of service,
which may delay the ability of such individuals or families to move to
a safe location.
---------------------------------------------------------------------------
\3\ Public Law 113-4, approved March 7, 2013.
\4\ See final rule published on August 20, 2015, at 80 FR 50564.
---------------------------------------------------------------------------
VI. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
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.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to identify and consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public. This rule was determined to be a ``significant
regulatory action,'' as defined in section 3(f) of Executive Order
12866 (although not an economically significant regulatory action, as
provided under section 3(f)(1) of the Executive order).
HUD expects it will receive few requests from program participants
who are not domestic violence victims to move outside of the CoC's
geographic area where they are currently residing. HUD does expect some
requests will arise from program participants residing with the
jurisdictions of CoCs that cover small geographic areas. HUD expects no
increase or decrease in the number of requests from program
participants who are victims of domestic violence as these program
participants already have this flexibility. For these reasons, HUD
believes the impact of this rule would be minimal, but the flexibility
to move provided would align with two major HUD rulemakings: HUD's
Affirmatively Furthering Fair Housing final rule and HUD's Violence
Against Women Act 2013 final rule, to be issued later this year.
The docket file is available for public inspection in the
Regulations Division, Office of General Counsel, Department of Housing
and Urban Development, 451 7th Street SW., Room 10276, Washington, DC
20410-0500. Due to security measures at the HUD Headquarters building,
please schedule an appointment to review the docket file by calling the
Regulations Division at 202-708-3055 (this is not a toll-free number).
Individuals with speech or hearing impairments may access this number
via TTY by calling the Federal Relay Service at 800-877-8339 (this is a
toll-free number).
Environmental Impact
This rule covers tenant-based rental assistance. Accordingly, under
24 CFR 50.19(b)(11), this rule is categorically excluded from
environmental review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and on the private sector. This interim rule does not
impose a Federal mandate on any State, local, or tribal governments, or
on the private sector, within the meaning of UMRA.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. This rule solely
addresses the ability of individuals and families participating in the
CoC program and who have tenant-based rental assistance to move outside
of a CoC's geographic service area but continue to be serviced by that
CoC or under the CoC program.
Notwithstanding HUD's determination that this rule will not have a
significant effect on a substantial number of small entities, HUD
specifically invites comments regarding any less burdensome
alternatives to this rule that will meet HUD's objectives as described
in this preamble.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on State and local
governments and is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This interim rule does not have
federalism implications and does not impose substantial direct
compliance costs on State and local governments nor preempt State law
within the meaning of the Executive order.
List of Subjects in 24 CFR Part 578
Community facilities, Continuum of Care, Emergency solutions
grants, Grant programs--housing and community development, Grant
program--social programs, Homeless, Rural housing, Reporting and
recordkeeping requirements, Supportive housing programs--housing and
community development, Supportive services.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR part 578 to read as follows:
PART 578--CONTINUUM OF CARE PROGRAM
0
1. The authority citation for part 578 continues to read as follows:
Authority: 42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d).
0
2. In Sec. 578.51, paragraph (c) is revised to read as follows:
Sec. 578.51 Rental assistance.
* * * * *
(c) Tenant-based rental assistance. Tenant-based rental assistance
is rental assistance in which program participants choose housing of an
appropriate size in which to reside. Up to 5 years' worth of rental
assistance may be awarded to a project in one competition.
(1) When necessary to facilitate the coordination of supportive
services, recipients and subrecipients may require program participants
to live in a specific area for their entire period of participation, or
in a specific structure for the first year and in a specific area for
the remainder of their period of participation. Program participants
who are receiving rental assistance in
[[Page 38585]]
transitional housing may be required to live in a specific structure
for their entire period of participation in transitional housing.
(2) Program participants who have complied with all program
requirements during their residence retain the rental assistance if
they move.
(3) Program participants who have complied with all program
requirements during their residence, who have been a victim of domestic
violence, dating violence, sexual assault, or stalking, who reasonably
believe they are imminently threatened by harm 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) if they remain in the assisted
unit, and who are able to document the violence and basis for their
belief, may retain the rental assistance and move to a different
Continuum of Care geographic area if they move out of the assisted unit
to protect their health and safety. These program participants may move
to a different Continuum of Care's geographic service area even if the
recipient or subrecipient cannot meet all regulatory requirements of
this part in the new geographic area where the unit is located. The
recipient or subrecipient, however, must be able to meet all statutory
requirements of the Continuum of Care program either directly or
through a third-party contract or agreement.
(4) Program participants other than those described in paragraph
(c)(3) of this section may choose housing outside of the Continuum of
Care's geographic area if the recipient or subrecipient, through its
employees or contractors, is able to meet all requirements of this part
in the geographic area where the program participant chooses housing.
If the recipient or subrecipient is unable to meet the requirements of
this part, either directly or through a third-party contract or
agreement, the recipient or subrecipient may refuse to permit the
program participant to retain the tenant-based rental assistance if the
program participant chooses to move outside of the Continuum of Care's
geographic area.
* * * * *
Dated: May 24, 2016.
Harriet Tregoning,
Principal Deputy Assistant Secretary for Community Planning and
Development.
Approved on: May 24, 2016.
Nani A. Coloretti,
Deputy Secretary.
[FR Doc. 2016-13684 Filed 6-13-16; 8:45 am]
BILLING CODE 4210-67-P
