Homeless Emergency Assistance and Rapid Transition to Housing: Defining “Homeless”, 20541-20546 [2010-8835]
Download as PDF
<![CDATA[
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules
that may be handled by older children
could be considered children’s products
if such movies, video games, or music
were specifically aimed at and marketed
to children 12 years of age or younger
and have no appeal to older audiences.
(5) Art materials—Materials sized,
decorated, and marketed to children 12
years of age or younger, such as crayons,
finger paints and modeling dough,
would be considered children’s
products. Crafting kits and supplies that
are not specifically marketed to children
12 years of age or younger likely would
be considered products intended for
general use. The marketing and labeling
of raw materials (such as modeling clay,
paint and paint brushes) may often be
given high priority in an age
determination for these art materials
because the appeal and utility of these
raw materials has such a wide audience.
(6) Books—The content of a book can
determine its intended audience.
Children’s books have themes,
vocabularies, illustrations, and covers
that match the interests and cognitive
capabilities of children 12 years of age
or younger. The age guidelines provided
by librarians, education professionals,
and publishers may be dispositive for
determining the intended audience.
Some children’s books have a wide
appeal to the general public, and in
those instances, further analysis may be
necessary to assess who the primary
intended audience is based on
consideration of relevant additional
factors such as product design,
packaging, marketing and sales data.
(7) Science equipment—Microscopes,
telescopes, and other scientific
equipment that would be used by an
adult, as well as a child, are considered
general use products. Equipment with a
marketing strategy that targets schools,
such as scientific instrument rentals,
would not convert such products into
children’s products if such products are
intended for general use, regardless of
how the equipment is leased, rented, or
sold. This equipment is intended by the
manufacturer for use primarily by
adults, although there may be incidental
use by children through such programs.
In general, scientific equipment that is
specifically sized for children and/or
has childish themes or decorations
intended to attract children is
considered a children’s product. Toy
versions of such items are also
considered children’s products.
(8) Sporting goods and recreational
equipment—Sporting goods that are
primarily intended for consumers older
than 12 years of age are considered
general use items. Regulation-sized
sporting equipment, such as basketballs,
baseballs, bats, racquets, and hockey
VerDate Nov<24>2008
14:14 Apr 19, 2010
Jkt 220001
pucks, are general use items even
though some children 12 years of age or
younger will use them. Sporting goods
become children’s products when they
are sized to fit children or are otherwise
decorated with childish features that are
intended to attract child consumers.
Likewise, recreational equipment, such
as roller blades, skateboards, bicycles,
camping gear, and fitness equipment,
are considered general use products
unless they are sized to fit children 12
years of age or younger and/or are
decorated with childish features by the
manufacturer.
(9) Musical instruments—Musical
instruments suited for an adult
musician as well as a child are general
use products. Instruments primarily
intended for children can be
distinguished from adult instruments by
their size and marketing themes.
Products with a marketing strategy that
targets schools, such as instrument
rentals, would not convert such
products into children’s products if
such products are intended for general
use, regardless of how the instruments
are leased, rented, or sold. These
instruments are intended by the
manufacturer for use primarily by
adults, although there also may be
incidental use by children through such
programs. However, products that
produce music or sounds in a manner
that simplifies the process so that
children can pretend to play an
instrument are considered toys
primarily intended for children 12 years
of age or younger. In general,
instruments that are specifically sized
for children and/or have childish
themes or decorations intended to
attract children are considered
children’s products.
Dated: April 7, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2010–8431 Filed 4–19–10; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 577
[Docket No. FR–5333–P–01]
RIN 2506–AC26
Homeless Emergency Assistance and
Rapid Transition to Housing: Defining
‘‘Homeless’’
AGENCY: Office of the Assistant
Secretary for Community Planning and
Development.
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
ACTION:
20541
Proposed rule.
SUMMARY: This rule commences HUD’s
regulatory implementation of the
Homeless Emergency Assistance and
Rapid Transition to Housing Act of 2009
(HEARTH Act), enacted into law on
May 20, 2009. The HEARTH Act
consolidates three of the separate
homeless assistance programs
administered by HUD under the
McKinney-Vento Homeless Assistance
Act into a single grant program and
creates the Emergency Solutions Grant
Program and the Rural Housing Stability
Program. The HEARTH Act also codifies
in statutory law the Continuum of Care
planning process, long a part of HUD’s
application process to assist homeless
persons by providing greater
coordination in responding to their
needs. The HEARTH Act defines the
terms ‘‘homeless,’’ ‘‘homeless
individual,’’ ‘‘homeless person,’’ and
‘‘homeless individual with a disability,’’
but these definitions contain terms that
require further elaboration. Since the
scope of these terms is essential to the
development of an appropriate
regulatory structure for the homeless
assistance programs as consolidated and
amended by the HEARTH Act, HUD is
initiating the rulemaking process with
this proposed rule, which solely
addresses the definition of these terms.
DATES: Comment Due Date. June 21,
2010
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 http:
//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
E:\FR\FM\20APP1.SGM
20APP1
20542
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules
public. Comments submitted
electronically through the https://
www.regulations.gov Web site can be
viewed by other commenters and
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.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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
Information Relay Service at 800–877–
8339. Copies of all comments submitted
are available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ann
Marie Oliva, 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 Information Relay Service at
800–877–8339 (this is a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background—HEARTH Act
The Helping Families Save Their
Homes Act of 2009 was signed into law
on May 20, 2009 (Pub. L. 111–22). This
new law implements a variety of
measures directed toward keeping
individuals and families from losing
their homes. Division B of this new law
is the Homeless Emergency Assistance
and Rapid Transition to Housing Act of
2009 (HEARTH Act). The HEARTH Act
consolidates and amends three separate
homeless assistance programs carried
out under title IV of the McKinneyVento Homeless Assistance Act (42
U.S.C. 11371 et seq.) (McKinney-Vento
Act) into a single grant program that is
VerDate Nov<24>2008
14:14 Apr 19, 2010
Jkt 220001
designed to improve administrative
efficiency and enhance response
coordination and effectiveness in
addressing the needs of homeless
persons. The single Continuum of Care
program established by the HEARTH
Act consolidates the following
programs: the Supportive Housing
program, the Shelter Plus Care program,
and the Moderate Rehabilitation/Single
Room Occupancy program. The former
Emergency Shelter Grant program is
renamed the Emergency Solutions Grant
program and revised to broaden existing
emergency shelter and homelessness
prevention activities and to add rapid
re-housing activities. The new Rural
Housing Stability program replaces the
Rural Homelessness Grant program. The
HEARTH Act also codifies in law and
enhances the Continuum of Care
planning process, the coordinated
response to addressing the needs of
homelessness established
administratively by HUD in 1995. In
addition, this proposed rule may affect
the Base Realignment and Closure and
Title V property disposition programs.
These changes will be considered
through separate rulemaking in
conjunction with the other Federal
agencies that administer these
programs—the Department of Health
and Human Services and the General
Services Administration.
II. This Proposed Rule
As amended by the HEARTH Act,
section 103 of the McKinney-Vento Act
defines ‘‘homeless,’’ ‘‘homeless
individual,’’ ‘‘homeless person,’’ and
‘‘homeless individual with a disability,’’
but these definitions contain terms that
require explanation or elaboration. With
this proposed rule, HUD seeks to
provide the necessary clarification and
elaboration of these terms in order to
satisfy section 1003(b) of the HEARTH
Act, which requires HUD to ‘‘provide
sufficient guidance to recipients of
funds under title IV of the McKinneyVento Homeless Assistance Act to allow
uniform and consistent implementation
of the requirements of section 103 of
such Act.’’ HUD will be publishing
proposed rules for the new Emergency
Solutions Grant program, the
Continuum of Care program, and the
Rural Housing Stability program. Each
of these programs will include the
definition(s) from this proposed rule.
This proposed rule, however, sets out
regulatory text only for the Emergency
Solutions Grants program codified at 24
CFR part 577. HUD is considering
repeating this regulatory text in the
regulations for the Continuum of Care
and Rural Housing Stability programs at
the final rule stage, rather than simply
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
cross-referencing to the regulatory text
in part 577. HUD believes a complete set
of regulations for each program may be
more user-friendly. HUD specifically
welcomes public comment on this issue.
This proposed rule clarifies key terms
in the definitions of ‘‘homeless,’’
‘‘homeless individual,’’ ‘‘homeless
person,’’ and ‘‘homeless individual with
a disability.’’ First, this proposed rule
clarifies that individuals and families
may qualify as homeless under four
possible categories, corresponding to the
broad categories established by the
statutory language of the definition in
section 103 of the McKinney-Vento Act
as amended by the HEARTH Act. The
first category (§ 577.2(1)), consisting of
an individual or family who lacks a
fixed, regular, and adequate nighttime
residence, is taken from section
103(a)(1) of the statute, but also
incorporates the language from sections
103(a)(2), (a)(3), and (a)(4). HUD has
concluded that paragraphs (a)(2)
through (a)(4) of section 103 define this
first category of homeless (section
103(a)(1)) by providing three subsets of
that category. That is, paragraphs (a)(2)
through (a)(4) of section 103 are not
separate statutory categories of
eligibility, but rather specifically define
the first category. Second, under a
subset of the first category
(§ 577.2(1)(iii)), an individual who
resided in a shelter or place not meant
for human habitation, and who is
exiting an institution where he or she
temporarily resided, is eligible for
homeless assistance. This proposed rule
clarifies that the individual must have
been homeless immediately before
entering the institution, and in order to
be consistent with other parts of the
regulation, HUD defines ‘‘temporarily
resided’’ as a period of 90 days or less.
In the past, HUD has used a 30-day
standard, but has found that a period of
more than 30 days is more realistic for
individuals to keep their housing and
homeless status. Additionally, in the
statute, the definition of ‘‘chronically
homeless’’ in section 401(2)(B) uses
‘‘fewer than 90 days’’ as the measure for
determining temporarily resided in an
institutional care facility or similar
facility.
The second category under which an
individual or family may qualify as
homeless (§ 577.2(2)(i)) is individuals or
families who will imminently lose their
primary nighttime residence. The
statute provides three cases in which
the imminent loss of a primary
nighttime residence may be evidenced
in order to qualify as homeless: the
individual or family: (1) Is subject to a
court order to vacate, (2) lacks the
resources to continue staying in a hotel
E:\FR\FM\20APP1.SGM
20APP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules
or a motel, or (3) is no longer being
allowed to stay by the owner or renter
of housing with whom the individual or
family is staying. In each of these cases,
the individual or family may be
considered homeless up to 14 days
before they are to be displaced from
their current housing.
The proposed rule provides, in
(§ 577.3(b)(3)(i)), that the service
provider must retain whatever evidence
is relied upon in determining that an
individual or family will imminently
lose their housing. For example, the
service provider may obtain a copy of
the eviction order, or may interview the
applicant to document the applicant’s
resources. Where the owner or renter of
the housing will not allow the
individual or family to stay for more
than 14 days, and where an eviction
notice or similar documentation
evidencing loss of housing is not
available, the statute permits, as
evidence of this status, any oral
statement from an individual or family
that is found to be credible to prove that
the condition is present. While the
statute provides that an oral statement
from an individual or family member
may establish eligibility as homeless,
the statute requires the oral statement to
be found credible to be considered
credible evidence.
Given the statutory language that the
oral statement must be found credible to
be considered credible evidence, the
proposed rule provides that to be found
as credible evidence, any oral statement
from an individual or family seeking
homeless assistance must be
documented and verified. However, the
proposed rule provides for the most
minimal documentation in order to not
conflict with the statutory permissibility
of making an oral statement and to meet
the corresponding statutory requirement
that the statement be credible evidence.
The proposed rule provides that the oral
statement must be documented by a
self-certification; that is, the individual
or head of household certifies in writing
to the veracity of the oral statement
made. After the oral statement is
documented, it must be verified by: (a)
a statement of the owner or renter of the
housing in which the individual or
family is currently residing, as recorded
by the intake worker, or (b) due
diligence undertaken by the intake
worker in attempting to obtain a
statement from the owner or renter that
is documented in writing by the intake
worker. (See in (§ 577.3(b)(3)(i)(C).) An
example of where the second option
may be used is where the intake worker
tries to call the owner of the housing
and the owner is uncooperative and
does not return multiple phone calls.
VerDate Nov<24>2008
14:14 Apr 19, 2010
Jkt 220001
The intake worker can document such
unanswered calls as evidence of due
diligence to verify the oral statement. As
discussed later in this preamble,
verification of self-certified statements
is not required in cases involving
victims of domestic violence.
The proposed rule provides for
written documentation of the oral
statement by the individual or head of
household to address the statutory
requirement that the statement be found
to be credible. Documentation of the
statement is not only important for the
issue of credible evidence, as discussed
above, but ensures that the individual
has had the opportunity to review the
oral statement as set forth in writing, to
confirm that the written statement
accurately reflects the oral statement.
The self-certification therefore serves
two purposes; it: (1) Meets the statutory
requirement for credible evidence; and
(2) protects the individual from any
failures, not attributable to the
individual, with respect to any possible
inaccuracies in the written statement
that could result in delay in verification
of the individual’s statement or result in
delay or denial of services.
The third category under which an
individual or family may qualify as
homeless (§ 577.2(3)) consists of
unaccompanied youth and homeless
families with children and youth who
are defined as homeless under other
Federal statutes who do not otherwise
qualify as homeless under the
definition, provided that they meet the
following three conditions. The criteria
for this category under section 103(a)(6)
of the statute are: having experienced a
long term period without living
independently in permanent housing,
having experienced persistent
instability as measured by frequent
moves over such period, and being
expected to continue in such status for
an extended period of time. This rule
clarifies that a ‘‘long term period
without living independently in
permanent housing’’ means living for
the 91 or more days immediately prior
to applying for homeless assistance
without a lease or ownership interest in
the occupied property in the youth’s or
head of household’s name. In addition,
‘‘persistent instability’’ means three or
more moves over the 90-day period
immediately prior to applying for
homeless assistance. HUD specifically
solicits comments on HUD’s proposal
for determining persistent instability.
In order to prove the condition of a
long-term period without living
independently in permanent housing
and of persistent instability, an oral or
written statement by the youth or head
of household is accepted as credible
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
20543
evidence when verified by the owners
or renters of the previous housing from
which the applicant has moved. The
evidentiary requirements for this
category, like those for imminent loss of
housing, include written records of the
statements by each of the owners or
renters where the individual or family
resided or, in cases where these
statements are unobtainable, a written
record of the due diligence exercised by
the intake worker to obtain these
statements. A separate § 577.3 describes
the documentation requirements to
determine whether an individual or
family is homeless.
Within the third category is the
condition that the unaccompanied
youth’s or family’s persistent instability
and inability to live independently in
permanent housing are expected to
continue due to a variety of factors,
including multiple barriers to
employment. ‘‘Multiple barriers to
employment’’ is proposed to mean two
or more of the following barriers: lack of
a high school degree or General
Education Development (GED),
illiteracy, low English proficiency, a
history of incarceration, and a history of
unstable employment.
The fourth category under which an
individual or family may qualify as
homeless is provided under § 577.2(4),
which reflects section 103(b) of the
statute. HUD will consider as homeless
any individual or family who is fleeing,
or is attempting to flee, domestic
violence, dating violence, sexual
assault, stalking, or other dangerous or
life threatening conditions that relate to
violence against the individual or a
family member that has either taken
place within the individual’s or family’s
primary nighttime residence or has
made the individual or family afraid to
return to their primary nighttime
residence, and who has no other
residence and lacks the resources or
support networks to obtain other
permanent housing. The victimized
member of the household is not
required to be the owner or renter of the
unit.
In light of the particular safety
concerns surrounding victims of
domestic violence, the proposed rule
provides that acceptable evidence that
an individual or family qualifies under
this category of the homeless definition
may include an oral statement from the
individual or family. This oral statement
does not need to be verified, but it must
be documented by either selfcertification (signed statement by the
victim certifying an oral statement’s
veracity) or a certification by the intake
worker (signed statement by the intake
E:\FR\FM\20APP1.SGM
20APP1
20544
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules
worker certifying the victim’s oral
statement).
HUD solicits comments on whether
the certifications that the proposed rule
provides as acceptable evidence would
be less of a burden if the statement and
certification are made on a HUDapproved form.
The upcoming proposed rule
addressing program requirements will
include special confidentiality
requirements to protect documentation
and information concerning individuals
and families fleeing domestic violence.
These special confidentiality
requirements will be similar to those
already in place under HUD’s existing
homeless programs. HUD welcomes
comments on confidentiality
requirements that HUD should consider
in the upcoming proposed rule.
Lastly, for the definition of ‘‘homeless
individual with a disability,’’ this
proposed rule clarifies that any
condition arising from the etiologic
agency for acquired immunodeficiency
syndrome includes infection with the
human immunodeficiency virus (HIV).
The Department invites comment on
the further elaboration of the terms
‘‘homeless,’’ ‘‘homeless individual,’’
‘‘homeless person,’’ and ‘‘homeless
individual with a disability,’’ as
presented in this proposed rule. The
purpose of this proposed rule is to
provide sufficient guidance for the
consistent and effective implementation
of the new definitions in the HEARTH
Act, and public comment on this rule
will assist HUD in meeting this purpose.
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 202–402–3055 (this is not a
toll-free number). Individuals with
speech or hearing impairments may
access this number via TTY by calling
the Federal Information Relay Service at
800–877–8339.
III. Findings and Certifications
The information collection
requirements contained in this proposed
rule have been submitted to the Office
of Management and Budget (OMB)
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520). In
accordance with the Paperwork
Reduction Act, an agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information, unless the collection
displays a currently valid OMB control
number.
The burden of the information
collections in this proposed rule is
estimated as follows:
Information Collection Requirements
Regulatory Planning and Review
The Office of Management and Budget
(OMB) reviewed this rule under
Executive Order 12866, ‘‘Regulatory
Planning and Review.’’ This rule was
determined to be a ‘‘significant
regulatory action’’ as defined in section
3(f) of the order (although not an
economically significant regulatory
action under the order). The docket file
is available for public inspection in the
Regulations Division, Office of the
General Counsel, Room 10276, 451 7th
Street, SW., Washington, DC 20410–
REPORTING AND RECORDKEEPING BURDEN
Number of
responses per
respondent
Estimated
average
time for
requirement
(in hours)
Estimated
annual burden
(in hours)
24 CFR 577.3 Reporting requirements ...........................................................
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Section reference
Number of
respondents
19,500
65
0.25
316,875
In accordance with 5 CFR
1320.8(d)(1), HUD is soliciting
comments from members of the public
and affected agencies concerning this
collection of information to:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond; including through the
use of appropriate automated collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
Interested persons are invited to
submit comments regarding the
information collection requirements in
this rule. Comments must refer to the
VerDate Nov<24>2008
14:14 Apr 19, 2010
Jkt 220001
proposal by name and docket number
(FR–5333–P–01) and must be sent to:
National Environmental Policy Act of
1969 (42. U.S.C. 4321).
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building,
Washington, DC 20503, Fax number:
202–395–6947; and
Reports Liaison Officer, Office of
Community Planning and
Development, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Room 7220, Washington,
DC 20410–8000.
Unfunded Mandates Reform Act
Environmental Impact
This proposed rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern or regulate, real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction, or establish, revise or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this proposed
rule is categorically excluded from
environmental review under the
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
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 proposed rule does not
impose a Federal mandate on any State,
local, or tribal government, 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 definitions of
‘‘homeless,’’ ‘‘homeless individual,’’
‘‘homeless person,’’ and ‘‘homeless
E:\FR\FM\20APP1.SGM
20APP1
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules
individual with a disability.’’ The
purpose of this rule is to determine the
universe of individuals and families
who qualify as ‘‘homeless’’ under the
HEARTH Act, and are therefore eligible
to be served by HUD homeless programs
that will be implemented by separate
rulemaking. Given the narrow scope of
this rule, HUD has determined that it
would not have a significant economic
impact on a substantial number of small
entities.
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
final 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 577
Community facilities, Emergency
shelter grants, Grant programs—housing
and community development,
Homeless, Nonprofit organizations, Rent
subsidies, Reporting and recordkeeping
requirements, Supportive services.
Accordingly, for the reasons described
in the preamble, HUD proposes to add
part 577 to subchapter C of chapter V of
subtitle B of 24 CFR to read as follows:
PART 577—EMERGENCY SOLUTIONS
GRANTS PROGRAM
Sec.
577.2
577.3
Definitions.
Recordkeeping requirements.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Authority: 42 U.S.C. 11301, 42 U.S.C.
3535(d).
§ 577.2
Definitions.
Developmental disability means, as
defined in section 102 of the
Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C.
15002):
(1) A severe, chronic disability of an
individual that—
VerDate Nov<24>2008
14:14 Apr 19, 2010
Jkt 220001
(i) Is attributable to a mental or
physical impairment or combination of
mental and physical impairments;
(ii) Is manifested before the individual
attains age 22;
(iii) Is likely to continue indefinitely;
(iv) Results in substantial functional
limitations in three or more of the
following areas of major life activity:
(A) Self-care;
(B) Receptive and expressive
language;
(C) Learning;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent living;
(G) Economic self-sufficiency; and
(v) Reflects the individual’s need for
a combination and sequence of special,
interdisciplinary, or generic services,
individualized supports, or other forms
of assistance that are of lifelong or
extended duration and are individually
planned and coordinated.
(2) An individual from birth to age 9,
inclusive, who has a substantial
developmental delay or specific
congenital or acquired condition, may
be considered to have a developmental
disability without meeting three or more
of the criteria described in paragraphs
(1)(i) through (v) of this definition if the
individual, without services and
supports, has a high probability of
meeting those criteria later in life.
Homeless, homeless individual, and
homeless person mean:
(1) An individual or family who lacks
a fixed, regular, and adequate nighttime
residence and is:
(i) An individual or family with a
primary nighttime residence that is a
public or private place not designed for
or ordinarily used as a regular sleeping
accommodation for human beings,
including a car, park, abandoned
building, bus or train station, airport, or
camping ground;
(ii) An individual or family living in
a supervised publicly or privately
operated shelter designated to provide
temporary living arrangements
(including hotels and motels paid for by
Federal, State, or local government
programs for low-income individuals or
by charitable organizations, congregate
shelters, and transitional housing); or
(iii) An individual who is exiting an
institution where he or she resided for
90 days or less and who resided in a
shelter or place not meant for human
habitation immediately before entering
that institution;
(2) An individual or family who will
imminently lose their primary nighttime
residence, provided that:
(i) The primary nighttime residence
will be lost within 14 days of the
application for homeless assistance;
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
20545
(ii) No subsequent residence has been
identified; and
(iii) The individual or family lacks the
resources or support networks needed to
obtain other permanent housing;
(3) Unaccompanied youth and
homeless families with children and
youth defined as homeless under other
Federal statutes who do not otherwise
qualify as homeless under this
definition and:
(i) Have not had a lease, ownership
interest, or occupancy agreement in
permanent housing at any time during
the 91 days immediately preceding the
application for homeless assistance;
(ii) Have experienced persistent
instability as measured by three moves
or more during the 90-day period
immediately before applying for
homeless assistance; and
(iii) Can be expected to continue in
such status for an extended period of
time because of chronic disabilities,
chronic physical health or mental health
conditions, substance addiction,
histories of domestic violence or
childhood abuse, the presence of a child
or youth with a disability, or two or
more barriers to employment, which
include the lack of a high school degree
or General Education Development
(GED), illiteracy, low English
proficiency, a history of incarceration,
and a history of unstable employment;
and
(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee,
domestic violence, dating violence,
sexual assault, stalking, or other
dangerous or life-threatening conditions
that relate to violence against the
individual or a family member that has
either taken place within the
individual’s or family’s primary
nighttime residence or has made the
individual or family afraid to return to
their primary nighttime residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support
networks to obtain other permanent
housing.
Homeless individual with a disability
means an individual who is homeless
and has a disability that:
(1)(i) Is expected to be longcontinuing or of indefinite duration;
(ii) Substantially impedes the
individual’s ability to live
independently;
(iii) Could be improved by the
provision of more suitable housing
conditions; and
(iv) Is a physical, mental, or emotional
impairment, including an impairment
caused by alcohol or drug abuse, posttraumatic stress disorder, or brain
injury;
E:\FR\FM\20APP1.SGM
20APP1
20546
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules
(2) Is a developmental disability, as
defined in this section; or
(3) Is the disease of acquired
immunodeficiency syndrome (AIDS) or
any conditions arising from the etiologic
agency for acquired immunodeficiency
syndrome, including infection with the
human immunodeficiency virus (HIV).
erowe on DSK5CLS3C1PROD with PROPOSALS-1
§ 577.3
Recordkeeping requirements.
(a) General.—[Reserved].
(b) Homeless Status.—Each recipient
of assistance under this part must
maintain and follow written intake
procedures to ensure compliance with
the homeless definition in § 577.2. The
procedures must require documentation
at intake of the evidence relied upon to
establish and verify homeless status of
the individuals and families applying
for homeless assistance. The recipient
must keep these records for 5 years after
the end of the grant term.
(1) Acceptable evidence under
§ 577.2, in paragraphs (1)(i) and (ii) of
the homeless definition of homeless
status, includes certification by the
individual or head of household seeking
assistance, a written observation by an
outreach worker of the conditions where
the individual or family was living, or
a written referral by another housing or
service provider.
(2) Acceptable evidence under
§ 577.2, in paragraph (1)(iii) of the
homeless definition, that a person
resided in a shelter or place not meant
for human habitation and is exiting an
institution where he resided for 90 days
or less, includes the evidence described
in paragraph (b)(1) of this section, plus
a written referral from a social worker,
case manager, or other appropriate
official of the institution, stating the
beginning and end dates of the time
residing in the institution.
(3)(i) The evidence under § 577.2, in
paragraph (2)(i) of the homeless
definition, that a person or family will
imminently lose their housing, must
include one of the following:
(A) A court order resulting from an
eviction action notifying the individual
or family that they must leave within 14
days of the date of their application for
homeless assistance;
(B) For individuals and families
leaving hotel or motel rooms not paid
for by Federal, State, or local
government programs for low-income
individuals or by charitable
organizations, evidence that the
individual or family lacks the financial
resources necessary to reside there for
more than 14 days from the date of
application for homeless assistance; or
(C) An oral statement by the
individual or head of household seeking
assistance that the owner or renter of the
VerDate Nov<24>2008
14:14 Apr 19, 2010
Jkt 220001
housing in which they currently reside
will not allow them to stay for more
than 14 days from the date of
application for homeless assistance.
This oral statement must be
documented and verified. The oral
statement must be documented by a
self-certification; that is, the individual
or head of household certifies in writing
to the veracity of the oral statement
made. Verification must be received
from the owner or renter of the housing
in which the individual or family
resides at the time of application for
homeless assistance. The verification
may be a written or oral statement of the
owner or renter recorded by the intake
worker or a written record of the intake
worker’s due diligence in attempting to
obtain a statement from the owner or
renter.
(ii) The evidence under § 577.2, in
paragraph (2)(i) of the homeless
definition, must also include:
(A) Certification by the individual or
head of household seeking assistance
that no subsequent residence has been
identified, and
(B) Self-certification or other written
documentation that the individual or
family lacks the financial resources and
support networks needed to obtain other
permanent housing.
(4) Acceptable evidence under
§ 577.2, in paragraph (3) of the homeless
definition, for unaccompanied youth
and homeless families with children
and youth defined as homeless under
other Federal statutes that do not
otherwise qualify as homeless, is—
(i) For § 577.2, in paragraph (3)(i) of
the homeless definition, certification by
the homeless individual or head of
household seeking assistance, written
observation by an outreach worker or
referral by a housing or service provider;
(ii) For § 577.2, in paragraph (3)(ii) of
the homeless definition, certification by
the individual or head of household
seeking assistance and any available
supporting documentation that the
individual or family moved three or
more times during the 90-day period
immediately before applying for
homeless assistance, including:
Recorded statements or records obtained
from each owner or renter of housing,
provider of shelter or housing, or social
worker, case worker, or other
appropriate official of a hospital or
institution in which the individual or
family resided; or, where these
statements or records are unobtainable,
a written record of the intake worker’s
due diligence in attempting to obtain
these statements or records; and
(iii) For § 577.2, in paragraph (3)(iii)
of the homeless definition, acceptable
evidence includes written diagnosis
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
from an appropriate licensed
professional, intake staff-recorded
observation of disability confirmed
within 45 days of the application for
assistance by an appropriate licensed
medical professional, employment
records, department of corrections
records, and literacy, English
proficiency, and IQ tests.
(5) Acceptable evidence under
§ 577.2, in paragraph (4) of the homeless
definition, for individuals or families
fleeing domestic violence, includes an
oral statement by the individual or head
of household seeking assistance, written
observation by the intake worker, or
written referral by a housing or service
provider, social worker, the hospital, or
the police. If an oral statement is used,
it must be documented by either a selfcertification or a certification by the
intake worker.
Dated: March 22, 2010.
´
Mercedes Marquez,
Assistant Secretary for Community, Planning
and Development.
[FR Doc. 2010–8835 Filed 4–19–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 84
[Docket Number NIOSH–0137]
RIN 0920–AA33
Total Inward Leakage Requirements
for Respirators
AGENCY: Centers for Disease Control and
Prevention, Department of Health and
Human Services.
ACTION: Notice of proposed rulemaking;
reopening of comment period.
SUMMARY: The Centers for Disease
Control and Prevention (CDC) is
reopening the comment period for the
notice of proposed rulemaking by the
National Institute for Occupational
Safety and Health (NIOSH) of CDC,
entitled ‘‘Total Inward Leakage
Requirements for Respirators,’’
published in the Federal Register on
October 30, 2009 (74 FR 56141). The
comment period on this proposed
regulation closed on March 29, 2010 (74
FR 66935) and is being reopened until
September 30, 2010.
DATES: All written comments must be
received on or before September 30,
2010.
ADDRESSES: You may submit comments,
identified by RIN: 0920–AA33, by any
of the following methods:
E:\FR\FM\20APP1.SGM
20APP1
]]>Agencies
[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Proposed Rules]
[Pages 20541-20546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8835]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 577
[Docket No. FR-5333-P-01]
RIN 2506-AC26
Homeless Emergency Assistance and Rapid Transition to Housing:
Defining ``Homeless''
AGENCY: Office of the Assistant Secretary for Community Planning and
Development.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule commences HUD's regulatory implementation of the
Homeless Emergency Assistance and Rapid Transition to Housing Act of
2009 (HEARTH Act), enacted into law on May 20, 2009. The HEARTH Act
consolidates three of the separate homeless assistance programs
administered by HUD under the McKinney-Vento Homeless Assistance Act
into a single grant program and creates the Emergency Solutions Grant
Program and the Rural Housing Stability Program. The HEARTH Act also
codifies in statutory law the Continuum of Care planning process, long
a part of HUD's application process to assist homeless persons by
providing greater coordination in responding to their needs. The HEARTH
Act defines the terms ``homeless,'' ``homeless individual,'' ``homeless
person,'' and ``homeless individual with a disability,'' but these
definitions contain terms that require further elaboration. Since the
scope of these terms is essential to the development of an appropriate
regulatory structure for the homeless assistance programs as
consolidated and amended by the HEARTH Act, HUD is initiating the
rulemaking process with this proposed rule, which solely addresses the
definition of these terms.
DATES: Comment Due Date. June 21, 2010
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 https://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
[[Page 20542]]
public. Comments submitted electronically through the https://www.regulations.gov Web site can be viewed by other commenters and
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 Information
Relay Service at 800-877-8339. Copies of all comments submitted are
available for inspection and downloading at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ann Marie Oliva, 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 Information
Relay Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background--HEARTH Act
The Helping Families Save Their Homes Act of 2009 was signed into
law on May 20, 2009 (Pub. L. 111-22). This new law implements a variety
of measures directed toward keeping individuals and families from
losing their homes. Division B of this new law is the Homeless
Emergency Assistance and Rapid Transition to Housing Act of 2009
(HEARTH Act). The HEARTH Act consolidates and amends three separate
homeless assistance programs carried out under title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.)
(McKinney-Vento Act) into a single grant program that is designed to
improve administrative efficiency and enhance response coordination and
effectiveness in addressing the needs of homeless persons. The single
Continuum of Care program established by the HEARTH Act consolidates
the following programs: the Supportive Housing program, the Shelter
Plus Care program, and the Moderate Rehabilitation/Single Room
Occupancy program. The former Emergency Shelter Grant program is
renamed the Emergency Solutions Grant program and revised to broaden
existing emergency shelter and homelessness prevention activities and
to add rapid re-housing activities. The new Rural Housing Stability
program replaces the Rural Homelessness Grant program. The HEARTH Act
also codifies in law and enhances the Continuum of Care planning
process, the coordinated response to addressing the needs of
homelessness established administratively by HUD in 1995. In addition,
this proposed rule may affect the Base Realignment and Closure and
Title V property disposition programs. These changes will be considered
through separate rulemaking in conjunction with the other Federal
agencies that administer these programs--the Department of Health and
Human Services and the General Services Administration.
II. This Proposed Rule
As amended by the HEARTH Act, section 103 of the McKinney-Vento Act
defines ``homeless,'' ``homeless individual,'' ``homeless person,'' and
``homeless individual with a disability,'' but these definitions
contain terms that require explanation or elaboration. With this
proposed rule, HUD seeks to provide the necessary clarification and
elaboration of these terms in order to satisfy section 1003(b) of the
HEARTH Act, which requires HUD to ``provide sufficient guidance to
recipients of funds under title IV of the McKinney-Vento Homeless
Assistance Act to allow uniform and consistent implementation of the
requirements of section 103 of such Act.'' HUD will be publishing
proposed rules for the new Emergency Solutions Grant program, the
Continuum of Care program, and the Rural Housing Stability program.
Each of these programs will include the definition(s) from this
proposed rule. This proposed rule, however, sets out regulatory text
only for the Emergency Solutions Grants program codified at 24 CFR part
577. HUD is considering repeating this regulatory text in the
regulations for the Continuum of Care and Rural Housing Stability
programs at the final rule stage, rather than simply cross-referencing
to the regulatory text in part 577. HUD believes a complete set of
regulations for each program may be more user-friendly. HUD
specifically welcomes public comment on this issue.
This proposed rule clarifies key terms in the definitions of
``homeless,'' ``homeless individual,'' ``homeless person,'' and
``homeless individual with a disability.'' First, this proposed rule
clarifies that individuals and families may qualify as homeless under
four possible categories, corresponding to the broad categories
established by the statutory language of the definition in section 103
of the McKinney-Vento Act as amended by the HEARTH Act. The first
category (Sec. 577.2(1)), consisting of an individual or family who
lacks a fixed, regular, and adequate nighttime residence, is taken from
section 103(a)(1) of the statute, but also incorporates the language
from sections 103(a)(2), (a)(3), and (a)(4). HUD has concluded that
paragraphs (a)(2) through (a)(4) of section 103 define this first
category of homeless (section 103(a)(1)) by providing three subsets of
that category. That is, paragraphs (a)(2) through (a)(4) of section 103
are not separate statutory categories of eligibility, but rather
specifically define the first category. Second, under a subset of the
first category (Sec. 577.2(1)(iii)), an individual who resided in a
shelter or place not meant for human habitation, and who is exiting an
institution where he or she temporarily resided, is eligible for
homeless assistance. This proposed rule clarifies that the individual
must have been homeless immediately before entering the institution,
and in order to be consistent with other parts of the regulation, HUD
defines ``temporarily resided'' as a period of 90 days or less. In the
past, HUD has used a 30-day standard, but has found that a period of
more than 30 days is more realistic for individuals to keep their
housing and homeless status. Additionally, in the statute, the
definition of ``chronically homeless'' in section 401(2)(B) uses
``fewer than 90 days'' as the measure for determining temporarily
resided in an institutional care facility or similar facility.
The second category under which an individual or family may qualify
as homeless (Sec. 577.2(2)(i)) is individuals or families who will
imminently lose their primary nighttime residence. The statute provides
three cases in which the imminent loss of a primary nighttime residence
may be evidenced in order to qualify as homeless: the individual or
family: (1) Is subject to a court order to vacate, (2) lacks the
resources to continue staying in a hotel
[[Page 20543]]
or a motel, or (3) is no longer being allowed to stay by the owner or
renter of housing with whom the individual or family is staying. In
each of these cases, the individual or family may be considered
homeless up to 14 days before they are to be displaced from their
current housing.
The proposed rule provides, in (Sec. 577.3(b)(3)(i)), that the
service provider must retain whatever evidence is relied upon in
determining that an individual or family will imminently lose their
housing. For example, the service provider may obtain a copy of the
eviction order, or may interview the applicant to document the
applicant's resources. Where the owner or renter of the housing will
not allow the individual or family to stay for more than 14 days, and
where an eviction notice or similar documentation evidencing loss of
housing is not available, the statute permits, as evidence of this
status, any oral statement from an individual or family that is found
to be credible to prove that the condition is present. While the
statute provides that an oral statement from an individual or family
member may establish eligibility as homeless, the statute requires the
oral statement to be found credible to be considered credible evidence.
Given the statutory language that the oral statement must be found
credible to be considered credible evidence, the proposed rule provides
that to be found as credible evidence, any oral statement from an
individual or family seeking homeless assistance must be documented and
verified. However, the proposed rule provides for the most minimal
documentation in order to not conflict with the statutory
permissibility of making an oral statement and to meet the
corresponding statutory requirement that the statement be credible
evidence. The proposed rule provides that the oral statement must be
documented by a self-certification; that is, the individual or head of
household certifies in writing to the veracity of the oral statement
made. After the oral statement is documented, it must be verified by:
(a) a statement of the owner or renter of the housing in which the
individual or family is currently residing, as recorded by the intake
worker, or (b) due diligence undertaken by the intake worker in
attempting to obtain a statement from the owner or renter that is
documented in writing by the intake worker. (See in (Sec.
577.3(b)(3)(i)(C).) An example of where the second option may be used
is where the intake worker tries to call the owner of the housing and
the owner is uncooperative and does not return multiple phone calls.
The intake worker can document such unanswered calls as evidence of due
diligence to verify the oral statement. As discussed later in this
preamble, verification of self-certified statements is not required in
cases involving victims of domestic violence.
The proposed rule provides for written documentation of the oral
statement by the individual or head of household to address the
statutory requirement that the statement be found to be credible.
Documentation of the statement is not only important for the issue of
credible evidence, as discussed above, but ensures that the individual
has had the opportunity to review the oral statement as set forth in
writing, to confirm that the written statement accurately reflects the
oral statement. The self-certification therefore serves two purposes;
it: (1) Meets the statutory requirement for credible evidence; and (2)
protects the individual from any failures, not attributable to the
individual, with respect to any possible inaccuracies in the written
statement that could result in delay in verification of the
individual's statement or result in delay or denial of services.
The third category under which an individual or family may qualify
as homeless (Sec. 577.2(3)) consists of unaccompanied youth and
homeless families with children and youth who are defined as homeless
under other Federal statutes who do not otherwise qualify as homeless
under the definition, provided that they meet the following three
conditions. The criteria for this category under section 103(a)(6) of
the statute are: having experienced a long term period without living
independently in permanent housing, having experienced persistent
instability as measured by frequent moves over such period, and being
expected to continue in such status for an extended period of time.
This rule clarifies that a ``long term period without living
independently in permanent housing'' means living for the 91 or more
days immediately prior to applying for homeless assistance without a
lease or ownership interest in the occupied property in the youth's or
head of household's name. In addition, ``persistent instability'' means
three or more moves over the 90-day period immediately prior to
applying for homeless assistance. HUD specifically solicits comments on
HUD's proposal for determining persistent instability.
In order to prove the condition of a long-term period without
living independently in permanent housing and of persistent
instability, an oral or written statement by the youth or head of
household is accepted as credible evidence when verified by the owners
or renters of the previous housing from which the applicant has moved.
The evidentiary requirements for this category, like those for imminent
loss of housing, include written records of the statements by each of
the owners or renters where the individual or family resided or, in
cases where these statements are unobtainable, a written record of the
due diligence exercised by the intake worker to obtain these
statements. A separate Sec. 577.3 describes the documentation
requirements to determine whether an individual or family is homeless.
Within the third category is the condition that the unaccompanied
youth's or family's persistent instability and inability to live
independently in permanent housing are expected to continue due to a
variety of factors, including multiple barriers to employment.
``Multiple barriers to employment'' is proposed to mean two or more of
the following barriers: lack of a high school degree or General
Education Development (GED), illiteracy, low English proficiency, a
history of incarceration, and a history of unstable employment.
The fourth category under which an individual or family may qualify
as homeless is provided under Sec. 577.2(4), which reflects section
103(b) of the statute. HUD will consider as homeless any individual or
family who is fleeing, or is attempting to flee, domestic violence,
dating violence, sexual assault, stalking, or other dangerous or life
threatening conditions that relate to violence against the individual
or a family member that has either taken place within the individual's
or family's primary nighttime residence or has made the individual or
family afraid to return to their primary nighttime residence, and who
has no other residence and lacks the resources or support networks to
obtain other permanent housing. The victimized member of the household
is not required to be the owner or renter of the unit.
In light of the particular safety concerns surrounding victims of
domestic violence, the proposed rule provides that acceptable evidence
that an individual or family qualifies under this category of the
homeless definition may include an oral statement from the individual
or family. This oral statement does not need to be verified, but it
must be documented by either self-certification (signed statement by
the victim certifying an oral statement's veracity) or a certification
by the intake worker (signed statement by the intake
[[Page 20544]]
worker certifying the victim's oral statement).
HUD solicits comments on whether the certifications that the
proposed rule provides as acceptable evidence would be less of a burden
if the statement and certification are made on a HUD-approved form.
The upcoming proposed rule addressing program requirements will
include special confidentiality requirements to protect documentation
and information concerning individuals and families fleeing domestic
violence. These special confidentiality requirements will be similar to
those already in place under HUD's existing homeless programs. HUD
welcomes comments on confidentiality requirements that HUD should
consider in the upcoming proposed rule.
Lastly, for the definition of ``homeless individual with a
disability,'' this proposed rule clarifies that any condition arising
from the etiologic agency for acquired immunodeficiency syndrome
includes infection with the human immunodeficiency virus (HIV).
The Department invites comment on the further elaboration of the
terms ``homeless,'' ``homeless individual,'' ``homeless person,'' and
``homeless individual with a disability,'' as presented in this
proposed rule. The purpose of this proposed rule is to provide
sufficient guidance for the consistent and effective implementation of
the new definitions in the HEARTH Act, and public comment on this rule
will assist HUD in meeting this purpose.
III. Findings and Certifications
Regulatory Planning and Review
The Office of Management and Budget (OMB) reviewed this rule under
Executive Order 12866, ``Regulatory Planning and Review.'' This rule
was determined to be a ``significant regulatory action'' as defined in
section 3(f) of the order (although not an economically significant
regulatory action under the order). The docket file is available for
public inspection in the Regulations Division, Office of the General
Counsel, Room 10276, 451 7th Street, SW., 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 202-402-3055 (this is not a toll-free number).
Individuals with speech or hearing impairments may access this number
via TTY by calling the Federal Information Relay Service at 800-877-
8339.
Information Collection Requirements
The information collection requirements contained in this proposed
rule have been submitted to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In
accordance with the Paperwork Reduction Act, an agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information, unless the collection displays a currently valid OMB
control number.
The burden of the information collections in this proposed rule is
estimated as follows:
Reporting and Recordkeeping Burden
----------------------------------------------------------------------------------------------------------------
Estimated
Number of Number of average time Estimated
Section reference respondents responses per for requirement annual burden
respondent (in hours) (in hours)
----------------------------------------------------------------------------------------------------------------
24 CFR 577.3 Reporting requirements......... 19,500 65 0.25 316,875
----------------------------------------------------------------------------------------------------------------
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning this
collection of information to:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond; including through the use of appropriate automated
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Interested persons are invited to submit comments regarding the
information collection requirements in this rule. Comments must refer
to the proposal by name and docket number (FR-5333-P-01) and must be
sent to:
HUD Desk Officer, Office of Management and Budget, New Executive Office
Building, Washington, DC 20503, Fax number: 202-395-6947; and
Reports Liaison Officer, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 7220, Washington, DC 20410-8000.
Environmental Impact
This proposed rule does not direct, provide for assistance or loan
and mortgage insurance for, or otherwise govern or regulate, real
property acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
proposed 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 proposed rule does not
impose a Federal mandate on any State, local, or tribal government, 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 definitions of ``homeless,'' ``homeless individual,''
``homeless person,'' and ``homeless
[[Page 20545]]
individual with a disability.'' The purpose of this rule is to
determine the universe of individuals and families who qualify as
``homeless'' under the HEARTH Act, and are therefore eligible to be
served by HUD homeless programs that will be implemented by separate
rulemaking. Given the narrow scope of this rule, HUD has determined
that it would not have a significant economic impact on a substantial
number of small entities.
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 final 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 577
Community facilities, Emergency shelter grants, Grant programs--
housing and community development, Homeless, Nonprofit organizations,
Rent subsidies, Reporting and recordkeeping requirements, Supportive
services.
Accordingly, for the reasons described in the preamble, HUD
proposes to add part 577 to subchapter C of chapter V of subtitle B of
24 CFR to read as follows:
PART 577--EMERGENCY SOLUTIONS GRANTS PROGRAM
Sec.
577.2 Definitions.
577.3 Recordkeeping requirements.
Authority: 42 U.S.C. 11301, 42 U.S.C. 3535(d).
Sec. 577.2 Definitions.
Developmental disability means, as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002):
(1) A severe, chronic disability of an individual that--
(i) Is attributable to a mental or physical impairment or
combination of mental and physical impairments;
(ii) Is manifested before the individual attains age 22;
(iii) Is likely to continue indefinitely;
(iv) Results in substantial functional limitations in three or more
of the following areas of major life activity:
(A) Self-care;
(B) Receptive and expressive language;
(C) Learning;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent living;
(G) Economic self-sufficiency; and
(v) Reflects the individual's need for a combination and sequence
of special, interdisciplinary, or generic services, individualized
supports, or other forms of assistance that are of lifelong or extended
duration and are individually planned and coordinated.
(2) An individual from birth to age 9, inclusive, who has a
substantial developmental delay or specific congenital or acquired
condition, may be considered to have a developmental disability without
meeting three or more of the criteria described in paragraphs (1)(i)
through (v) of this definition if the individual, without services and
supports, has a high probability of meeting those criteria later in
life.
Homeless, homeless individual, and homeless person mean:
(1) An individual or family who lacks a fixed, regular, and
adequate nighttime residence and is:
(i) An individual or family with a primary nighttime residence that
is a public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings, including a car, park,
abandoned building, bus or train station, airport, or camping ground;
(ii) An individual or family living in a supervised publicly or
privately operated shelter designated to provide temporary living
arrangements (including hotels and motels paid for by Federal, State,
or local government programs for low-income individuals or by
charitable organizations, congregate shelters, and transitional
housing); or
(iii) An individual who is exiting an institution where he or she
resided for 90 days or less and who resided in a shelter or place not
meant for human habitation immediately before entering that
institution;
(2) An individual or family who will imminently lose their primary
nighttime residence, provided that:
(i) The primary nighttime residence will be lost within 14 days of
the application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support
networks needed to obtain other permanent housing;
(3) Unaccompanied youth and homeless families with children and
youth defined as homeless under other Federal statutes who do not
otherwise qualify as homeless under this definition and:
(i) Have not had a lease, ownership interest, or occupancy
agreement in permanent housing at any time during the 91 days
immediately preceding the application for homeless assistance;
(ii) Have experienced persistent instability as measured by three
moves or more during the 90-day period immediately before applying for
homeless assistance; and
(iii) Can be expected to continue in such status for an extended
period of time because of chronic disabilities, chronic physical health
or mental health conditions, substance addiction, histories of domestic
violence or childhood abuse, the presence of a child or youth with a
disability, or two or more barriers to employment, which include the
lack of a high school degree or General Education Development (GED),
illiteracy, low English proficiency, a history of incarceration, and a
history of unstable employment; and
(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence, dating
violence, sexual assault, stalking, or other dangerous or life-
threatening conditions that relate to violence against the individual
or a family member that has either taken place within the individual's
or family's primary nighttime residence or has made the individual or
family afraid to return to their primary nighttime residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support networks to obtain other
permanent housing.
Homeless individual with a disability means an individual who is
homeless and has a disability that:
(1)(i) Is expected to be long-continuing or of indefinite duration;
(ii) Substantially impedes the individual's ability to live
independently;
(iii) Could be improved by the provision of more suitable housing
conditions; and
(iv) Is a physical, mental, or emotional impairment, including an
impairment caused by alcohol or drug abuse, post-traumatic stress
disorder, or brain injury;
[[Page 20546]]
(2) Is a developmental disability, as defined in this section; or
(3) Is the disease of acquired immunodeficiency syndrome (AIDS) or
any conditions arising from the etiologic agency for acquired
immunodeficiency syndrome, including infection with the human
immunodeficiency virus (HIV).
Sec. 577.3 Recordkeeping requirements.
(a) General.--[Reserved].
(b) Homeless Status.--Each recipient of assistance under this part
must maintain and follow written intake procedures to ensure compliance
with the homeless definition in Sec. 577.2. The procedures must
require documentation at intake of the evidence relied upon to
establish and verify homeless status of the individuals and families
applying for homeless assistance. The recipient must keep these records
for 5 years after the end of the grant term.
(1) Acceptable evidence under Sec. 577.2, in paragraphs (1)(i) and
(ii) of the homeless definition of homeless status, includes
certification by the individual or head of household seeking
assistance, a written observation by an outreach worker of the
conditions where the individual or family was living, or a written
referral by another housing or service provider.
(2) Acceptable evidence under Sec. 577.2, in paragraph (1)(iii) of
the homeless definition, that a person resided in a shelter or place
not meant for human habitation and is exiting an institution where he
resided for 90 days or less, includes the evidence described in
paragraph (b)(1) of this section, plus a written referral from a social
worker, case manager, or other appropriate official of the institution,
stating the beginning and end dates of the time residing in the
institution.
(3)(i) The evidence under Sec. 577.2, in paragraph (2)(i) of the
homeless definition, that a person or family will imminently lose their
housing, must include one of the following:
(A) A court order resulting from an eviction action notifying the
individual or family that they must leave within 14 days of the date of
their application for homeless assistance;
(B) For individuals and families leaving hotel or motel rooms not
paid for by Federal, State, or local government programs for low-income
individuals or by charitable organizations, evidence that the
individual or family lacks the financial resources necessary to reside
there for more than 14 days from the date of application for homeless
assistance; or
(C) An oral statement by the individual or head of household
seeking assistance that the owner or renter of the housing in which
they currently reside will not allow them to stay for more than 14 days
from the date of application for homeless assistance. This oral
statement must be documented and verified. The oral statement must be
documented by a self-certification; that is, the individual or head of
household certifies in writing to the veracity of the oral statement
made. Verification must be received from the owner or renter of the
housing in which the individual or family resides at the time of
application for homeless assistance. The verification may be a written
or oral statement of the owner or renter recorded by the intake worker
or a written record of the intake worker's due diligence in attempting
to obtain a statement from the owner or renter.
(ii) The evidence under Sec. 577.2, in paragraph (2)(i) of the
homeless definition, must also include:
(A) Certification by the individual or head of household seeking
assistance that no subsequent residence has been identified, and
(B) Self-certification or other written documentation that the
individual or family lacks the financial resources and support networks
needed to obtain other permanent housing.
(4) Acceptable evidence under Sec. 577.2, in paragraph (3) of the
homeless definition, for unaccompanied youth and homeless families with
children and youth defined as homeless under other Federal statutes
that do not otherwise qualify as homeless, is--
(i) For Sec. 577.2, in paragraph (3)(i) of the homeless
definition, certification by the homeless individual or head of
household seeking assistance, written observation by an outreach worker
or referral by a housing or service provider;
(ii) For Sec. 577.2, in paragraph (3)(ii) of the homeless
definition, certification by the individual or head of household
seeking assistance and any available supporting documentation that the
individual or family moved three or more times during the 90-day period
immediately before applying for homeless assistance, including:
Recorded statements or records obtained from each owner or renter of
housing, provider of shelter or housing, or social worker, case worker,
or other appropriate official of a hospital or institution in which the
individual or family resided; or, where these statements or records are
unobtainable, a written record of the intake worker's due diligence in
attempting to obtain these statements or records; and
(iii) For Sec. 577.2, in paragraph (3)(iii) of the homeless
definition, acceptable evidence includes written diagnosis from an
appropriate licensed professional, intake staff-recorded observation of
disability confirmed within 45 days of the application for assistance
by an appropriate licensed medical professional, employment records,
department of corrections records, and literacy, English proficiency,
and IQ tests.
(5) Acceptable evidence under Sec. 577.2, in paragraph (4) of the
homeless definition, for individuals or families fleeing domestic
violence, includes an oral statement by the individual or head of
household seeking assistance, written observation by the intake worker,
or written referral by a housing or service provider, social worker,
the hospital, or the police. If an oral statement is used, it must be
documented by either a self-certification or a certification by the
intake worker.
Dated: March 22, 2010.
Mercedes M[aacute]rquez,
Assistant Secretary for Community, Planning and Development.
[FR Doc. 2010-8835 Filed 4-19-10; 8:45 am]
BILLING CODE 4210-67-P
