Implementation of the Tribal HUD-VA Supportive Housing Program, 23710-23719 [2018-10909]
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[FR Doc. 2018–10868 Filed 5–21–18; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR 6091–N–01]
Implementation of the Tribal HUD–VA
Supportive Housing Program
Office of the Assistant
Secretary for Public and Indian
Housing, Department of Housing and
Urban Development.
ACTION: Notice.
AGENCY:
On October 21, 2015, HUD
published in the Federal Register a
Notice that established the policies and
procedures for the administration of a
supportive housing and rental
demonstration called ‘‘Implementation
of the Tribal HUD–VA Supportive
Housing Program’’ (Tribal HUD–VASH).
The program provides rental assistance
and supportive services to Native
American veterans who are Homeless or
At Risk of Homelessness living on or
near a reservation or other Indian areas.
HUD also issued technical corrections
in the Federal Register on December 6,
2016 to clarify the program’s intent and
address various issues that arose during
the implementation of the program.
Today’s Federal Register Notice
consolidates all Tribal HUD–VASH
program requirements in one Notice and
supersedes the prior Notices. This
Notice also establishes HUD’s
procedures for issuing renewal funding,
subject to the availability of future
appropriations.
SUMMARY:
DATES:
Applicability Date: May 22,
2018.
FOR FURTHER INFORMATION CONTACT:
Heidi J. Frechette, Deputy Assistant
Secretary, Office of Native American
Programs (ONAP), Office of Public and
Indian Housing, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4126, Washington, DC 20410,
telephone number 202–402–7914. (This
is not a toll-free number.) Hearing—or
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speech-impaired individuals may access
this number via TTY by calling the tollfree Federal Relay Service at 1–800–
877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
II. Definitions
III. Program Requirements
IV. Allocation of Assistance
V. Application for Tribal HUD–VASH
Program
VI. Tribal HUD–VASH Program
Requirements, Waivers, and Alternative
Requirements
VII. Environmental Impact
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I. Background
Since Fiscal Year (FY) 2008, the
Housing Choice Voucher (HCV) program
has provided rental assistance under a
supportive housing program for
Homeless veterans authorized by
section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(o)(19)). The initiative, known as
the HUD–VA Supportive Housing
(HUD–VASH) program, was initially
authorized by the Consolidated
Appropriations Act, 2008 (Pub. L. 110–
161, approved December 26, 2007). The
HUD–VASH program combines HCV
rental assistance for Homeless veterans
with Case Management and clinical
services provided by or through the VA
through Veterans Administration
Medical Centers (VAMC). Historically,
this program has not reached Native
American veterans in tribal
communities due to legal impediments
preventing tribes and tribally designated
housing entities (TDHEs) from
participating in the HUD–VASH
program.
In the Consolidated and Further
Continuing Appropriations Act, 2015
(Pub. L. 113–235, approved December
16, 2014) (‘‘2015 Appropriations Act’’),
Congress authorized funding for a
demonstration program to expand the
HUD–VASH program into Indian
Country. The 2015 Appropriations Act
directed HUD to coordinate with Indian
tribes, TDHEs, and other appropriate
tribal organizations to design this
program, and ensure the effective
delivery of housing assistance and
supportive services to Native American
veterans who are Homeless or At Risk
of Homelessness. It also authorized
HUD to make appropriate adjustments
to the HUD–VASH model, and to waive
or specify alternative requirements
(except for requirements related to fair
housing, nondiscrimination, labor
standards, and the environment) for any
provision of any statute or regulation
that it administers if it finds that they
are necessary for the effective delivery
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and administration of rental assistance
under the program.
On January 26, 2015, HUD sent a
‘‘Dear Tribal Leader’’ letter to tribal
leaders, tribal organizations, and TDHE
directors soliciting comments on a
Tribal HUD–VASH demonstration
program (Tribal HUD–VASH). HUD also
held a national listening session at the
National American Indian Housing
Council’s Legislative Conference held
on February 2, 2015, followed by
regional listening sessions held at each
of the six Office of Native American
Programs (ONAP) field offices. HUD
also received comments from tribes
through letters and emails. Generally,
the comments were supportive of the
program. The comments offered
suggestions on how the program should
be structured to address aspects such as
rent and geographic distribution. HUD
considered these comments when
developing the Tribal HUD–VASH
program.
On October 21, 2015, HUD published
a Notice entitled ‘‘Implementation of the
Tribal HUD–VA Supportive Housing
Program’’ in the Federal Register
establishing the policies and procedures
for the Tribal HUD–VASH program (80
FR 63822). HUD announced the
availability of $4 million in grant
funding to Indian tribes and TDHEs to
fund tenant-based or project-based
rental assistance and associated
administrative expenses. Under Tribal
HUD–VASH, Indian tribes and TDHEs
participants must partner with the
Department of Veterans Affairs (VA) to
provide healthcare assistance to eligible
Native American veterans. On March 2,
2016, HUD published a Notice entitled,
‘‘Tribal HUD–VA Supportive Housing
Program Awards, Fiscal Year 2015’’
notifying the public regarding the tribes/
TDHEs selected for the program in the
Federal Register. In total, 26 tribes/
TDHEs were awarded $5.9 million in
funding, as funding became available in
addition to the original $4 million cited
in the implementation Notice 81 FR
10880. Finally, HUD issued technical
corrections to the October 21, 2015,
Federal Register Notice on December 6,
2016 to address issues that arose during
the implementation of the program 81
FR 87948.
In the Consolidated Appropriations
Act, 2017 (P.L. 115–31, approved May 5,
2017) an additional $7 million for
renewal grant funding and limited
expansion was provided for the Tribal
HUD–VASH program. Today’s
announcement supersedes the Notices
issued on October 21, 2015 and
December 6, 2016 by consolidating all
the Tribal HUD–VASH program
requirements. This Notice also
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establishes HUD’s procedures for
issuing renewal funding, subject to the
availability of future appropriations.
Any future changes to Tribal HUD–
VASH program definitions,
requirements, and implementation will
be outlined in future Federal Register
Notices issued by HUD.
II. Definitions
Case Management—For purposes of
Tribal HUD–VASH, Case Management is
a specialized component of healthcare
management, requiring highly skilled,
trained professionals. Case Management
emphasizes a collaborative process that
assesses, advocates, plans, implements,
coordinates, monitors, and evaluates
health care options and services so that
they meet the needs of the individual
patient.
Community Based Outpatient Clinic
(CBOC)—A Community Based
Outpatient Clinic (CBOC) is a VAoperated clinic or a VA-funded or
reimbursed health care facility or site
that is geographically distinct or
separate from the parent medical
facility.
Fair Market Rent (FMR)—Fair Market
Rent means the rent, as established by
HUD, for units of varying sizes (by
number of bedrooms), that must be paid
in the market area to rent privatelyowned, existing, decent, safe and
sanitary rental housing of modest (nonluxury) nature with suitable amenities.
Homeless and At Risk of
Homelessness—For purposes of Tribal
HUD–VASH, HUD is adopting the
definitions of ‘‘Homeless’’ in Section
103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)) and
‘‘At Risk of Homelessness’’ in Section
401(1) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(1)).
However, the income provision at 42
U.S.C. 11360(1)(A) does not apply to the
Tribal HUD–VASH program. Instead,
HUD is adopting the low-income
eligibility requirements in Section 4(14)
of the Native American Housing
Assistance and Self-Determination Act
of 1996 (NAHASDA). Accordingly, a
veteran will be eligible for this program
if he or she otherwise meets the
definition of ‘‘Homeless’’ or ‘‘At Risk of
Homelessness,’’ and is a low-income
Indian, as defined in NAHASDA (i.e.,
has an income that is no more than 80
percent of area median income for the
Indian area as determined by HUD).1
Privately-owned housing—Privatelyowned housing is any unit not directly
1 Wherever the phrase ‘‘Homeless veteran’’
appears in this Notice, it will also include veterans
who are At Risk of Homelessness unless explicitly
stated otherwise.
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owned by the Tribal HUD–VASH
grantee. Accordingly, in situations
where the TDHE is the Tribal HUD–
VASH grantee, but the unit is owned by
another tribal organization (such as the
tribe), the unit would be considered
privately-owned for purposes of this
program (see 81 FR 87948).
Project-Based Rental Assistance
(PBRA)—Rental housing assistance tied
to a specific housing unit or units. The
housing assistance stays with the unit or
units and any household living in the
unit must meet program requirements. If
the household moves out of the
subsidized unit, they no longer receive
rental housing assistance.
Tenant-Based Rental Assistance
(TBRA)—Rental housing assistance tied
to a specific household. The eligible
applicant selects and rents a unit
(whether private or TDHE-owned) that
meets program requirements, and the
tribe or TDHE makes rent subsidy
payments on behalf of the household.
The assistance stays with the
household; if the household moves to a
different unit that meets program
qualifications, the tribe or TDHE makes
rental payments to the owner of the new
unit on the household’s behalf.
III. General Program Requirements
HUD consolidates all program
requirements of Tribal HUD–VASH with
the publication of this Notice. Any
future changes to program requirements
will be outlined in future Federal
Register Notices issued by HUD. In
accordance with the 2015
Appropriations Act, this Notice
includes appropriate adjustments to
program requirements through the
issuance of statutory and regulatory
waivers that HUD has deemed necessary
for the effective delivery and
administration of rental assistance
under the program. Generally, rental
assistance under this program is subject
to all requirements of NAHASDA that
are applicable to rental assistance
funded under the Indian Housing Block
Grant (IHBG) program. This includes the
NAHASDA statute (25 U.S.C. 4101 et
seq.), all IHBG program regulations in
24 CFR part 1000, and all other Federal
laws and regulations applicable to the
IHBG program. To the extent that
program requirements in this Notice
differ from any provision in NAHASDA
and 24 CFR part 1000, and any other
statute or regulation that HUD
administers, with the exception of any
Federal civil rights and fair housing
laws and requirements, the terms of this
Notice will govern.
Housing assistance under this
program is made available by grants to
tribes and TDHEs that are eligible to
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receive IHBG funding under
NAHASDA. Tribes request TenantBased and/or Project-Based Rental
Assistance by the number of bedrooms
in a rental unit. Grants are awarded
based on the number rental units
(Tenant-Based and Project-Based Rental
Assistance) approved by HUD. Grants
include an additional amount for
administrative costs, which will be
described in more detail later in this
Notice. Grant funding is awarded based
on 12 months of funding. Participating
tribes/TDHEs draw down funds from
the HUD Line of Credit Control System
(LOCCS) on a monthly basis to cover
rental assistance payments.
Eligible Homeless veterans receive
case management services through the
Department of Veterans Affairs. A tribe/
TDHE works with the local VAMC to
determine how Case Management will
be delivered to Native American
veterans. VA may provide these services
directly through the local VAMC, or
through a CBOC. Alternatively, the VA
may engage in a contractual relationship
with a tribal healthcare provider or the
Indian Health Service (IHS) for service
delivery. A tribe/TDHE may partner
with VA to provide office space within
the tribal area for the VA caseworker to
operate. Additionally, VA, in
coordination with the tribe/TDHE may
partner with IHS to provide space for
VA case management activities at an
IHS facility. Locations for the provision
of case management must comply with
accessibility requirements as referenced
in 24 CFR 1000.12(b).
Native American veterans
participating in this program are housed
based on a Housing First approach,
where Homeless veterans are provided
housing assistance and then offered the
supportive services that may be needed
to foster long-term stability and prevent
a return to Homelessness. This approach
assumes that supportive services are
more effective when the individual or
household is housed, and the daily
stress of being Homeless is relieved. Key
components of the Housing First model
include a simple application process for
participating veterans, a harm reduction
approach from VA, and no conditions of
tenancy beyond those included in the
lease and the requirements in this
Notice. Housing First specifically does
not require sobriety or testing for
substance abuse to obtain or sustain
tenancy, and thus must not be required
in the lease. More information on
Housing First is available at: https://
usich.gov/usich_resources/fact_sheets/
the_housing_first_checklist_a_practical_
tool_for_assessing_housing_first_in.
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IV. Allocation of Assistance
The 2015 Appropriations Act
authorized HUD to set aside an amount
from the HUD–VASH program for a
tribal demonstration program. HUD
originally awarded $5.9 million in
funding to 26 tribes/TDHEs, to support
approximately 600 rental housing units
and associated administrative fees for
Tribal HUD–VASH.
Pursuant to the 2015 Appropriations
Act, awards under this program were
based on need, administrative capacity,
and other factors that HUD specifies in
this Notice after coordination with the
VA. The method of allocating assistance
under this program was developed
through a collaborative effort among VA
and HUD’s Offices of Public and Indian
Housing, Policy Development and
Research, and Community Planning and
Development. HUD also considered all
comments and suggestions made by
Indian tribes during the tribal
consultation process. Responding to
tribal comments, HUD explored the
possibility of allocating funding through
a tribal competition. However, HUD
determined the best method for
allocation under the demonstration
program was to follow as closely as
possible the existing parameters for the
standard HUD–VASH program. HUD is
open to reconsidering a competitive
process at a later date, if additional
funding is received for a Tribal HUD–
VASH program.
To identify potential Tribal HUD–
VASH sites, HUD used a combination of
VA data and data from the American
Community Survey (ACS). First, HUD
and VA identified VAMCs serving high
populations of Homeless Native
American veterans. To ensure
geographic distribution, HUD selected
the top two VAMCs with the highest
Homeless Native American population
in each of the six ONAP regions. HUD
then identified the tribes within these
VAMC ‘‘catchment’’ or operating areas.
Using VA data showing the number of
Native American veterans by tribal
areas, HUD then prioritized tribes based
on the presence of the greatest number
of veterans and cross referenced this list
with ACS data. In some instances, tribes
with large populations of Native
American veterans were outside of the
VAMC catchment area. When this
occurred, HUD added the tribe (and
local VAMC) for consideration in that
ONAP region. VA allocated funding for
the equivalent of up to 30 professional,
full-time Tribal HUD–VASH case
managers, which may be used to
directly hire VA staff or enter into a
contractual relationship with a tribe or
IHS facility. Each case manager has the
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capacity to serve between 15–25 Native
American veterans. Case managers are
assigned to VAMCs based on the overall
level of need and capacity in each
ONAP region.
Tribes/TDHEs selected in each ONAP
region were invited to apply for Tribal
HUD–VASH shortly after publication of
the October 21, 2015 Notice. Tribes/
TDHEs were required to submit a Tribal
HUD–VASH application and if any
declined to participate or did not need
its full allocation, HUD invited the next
highest tribe within an ONAP region
ranked by need and capacity. A tribe/
TDHE that participated in the Tribal
HUD–VASH program must partner with
its VAMC.
In general, tribes were awarded grants
equal to an amount that funds rental
assistance payments for between 15–25
rental housing units, which is equal to
the capacity of one Tribal HUD–VASH
case manager. If there were other tribes
in the area with eligible veterans who
could be served by the same case
manager, the tribe invited to apply
could either sub-grant to another entity
or directly serve Tribal HUD–VASH
recipients from the other tribe. Should
the tribe sub-grant to another entity,
HUD strongly encouraged the tribe
invited to ensure that the sub-recipient
had sufficient capacity and was in good
standing with HUD. The lead tribe
would only be eligible for one grant
award, not to exceed 25 units of
assistance. If there were situations
where a tribe/TDHE had a need to serve
fewer than 15 Native American
veterans, and VA determined there is
the capacity within its existing HUD
VASH staff to assist Native American
veterans, the tribe/TDHE may be
awarded fewer than 15 units of
assistance.
The grant award was based on the
number of units requested by a tribe/
TDHE, the rents established by the tribe,
and a per-unit administrative fee. Once
awarded, a tribe/TDHE may provide
assistance to additional Native
American veterans if there are funds
remaining from the initial grant, and the
VA is able to provide Case Management
support at no additional cost.
V. Application and Submission
Information
HUD consolidates and restates
previously issued application and
submission guidance for Tribal HUD–
VASH with the publication of this
Notice. Any future changes to
application and submission guidelines
will be outlined in any future Federal
Register or Public and Indian Housing
(PIH) Notices issued by HUD.
A. Application Receipt Deadline
Subject to the availability of
appropriations, applicants for this
program should submit applications in
accordance with the requirements
outlined in any future Federal Register
or PIH Notices issued by HUD.
B. Eligible Applicants
Eligible applicants are Indian tribes as
defined in section 4(13) of NAHASDA
or TDHEs authorized by one or more
tribes pursuant to section 4(22) of
NAHASDA and 24 CFR 1000.206 and
invited by HUD to apply for Tribal
HUD–VASH per the allocation method
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described under Section IV of this
Notice.
C. Content of Application, Forms, and
Required Elements
The applicant must submit all forms
and information required in this section
and in accordance with any future
Notices issued by HUD.
1. Contact Information: Tribe/TDHE
and point of contact; mailing address;
phone number; and email address;
including name, title, and signature of
person authorized to submit the
application.
2. Other Identifying Information:
Employer/taxpayer identification
number (EIN/TIN) and organizational
DUNS number.
3. System for Award Management
(SAM): Evidence of active, valid SAM
registration.
4. Units of Assistance Requested:
Provide the estimated total number of
rental housing units that the Indian tribe
or TDHE plans to provide to Native
American veterans with assistance
under this program, and whether the
assistance will be Tenant-Based Rental
Assistance, Project-Based Rental
Assistance, or a combination of both.
Provide a table detailing the estimated
number of units requested by the
number of bedrooms and the
corresponding rent, as well as a written
justification for the rent structure (see
Section VI. H. Rent). If the applicant
seeks both Tenant-Based and ProjectBased Assistance, provide separate
tables. FMRs can be found at
www.huduser.org/portal/datasets/
fmr.html.
Rental Assistance Requested by Number of Bedrooms: (total number)
Type of Assistance: (Tenant-Based or Project-Based Rental Assistance)
0–BR
1–BR
2–BR
3–BR
4–BR
5–BR
6–BR
Total #
3–BR
4–BR
5–BR
6–BR
Total $
Estimated Rent for Area by Number of Bedrooms
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0–BR
1–BR
2–BR
5. Tenant-Based Rental Assistance vs.
Project-Based Rental Assistance:
In the Tribal HUD–VASH application,
the tribe/TDHE must determine if the
rental housing assistance provided
under the program will be Tenant-Based
Rental Assistance and/or Project-Based
Rental Assistance. After receiving the
grant, a tribe/TDHE may make a
determination to convert from one type
of rental assistance to the other for any
unutilized grant funds. If the switch is
from Tenant-Based to Project-Based
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Rental Assistance, then the tribe/TDHE
must comply with paragraph C.5.b
below, and submit the Project-Based
Rental Assistance information requested
below in paragraph C.7 for HUD
approval prior to the actual switch.
a. Tenant-Based Rental Assistance: A
tribe/THDE may apply for a grant under
this program to provide Tenant-Based
Rental Assistance to Native American
veterans. The tribe/TDHE will either
assist the Native American veteran in
locating privately-owned housing and
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enter into a contract with the owner of
the housing, or provide housing in a
unit that is owned or operated by the
tribe/TDHE. Tenant-Based Rental
Assistance will be subject to
requirements further described in this
Notice.
b. Project-Based Rental Assistance: A
tribe/THDE may apply for a grant under
this program to provide Project-Based
Rental Assistance to Native American
veterans. To be considered for ProjectBased Rental Assistance, a tribe/TDHE’s
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IHBG LOCCS balance cannot exceed
three times its most current FY grant,
unless the tribe received an IHBG that
was less than $75,000 in that year.
The tribe/TDHE will provide a
monthly rental assistance payment for a
specific housing unit in which an
eligible Native American veteran will
reside. The housing unit will be
specifically designated as a unit that is
available for Native American veterans
eligible under this program. ProjectBased Rental Assistance may be
provided to privately-owned housing
with a contract with the owner of the
housing, or a unit that is owned or
operated by the tribe/TDHE. ProjectBased Rental Assistance will be subject
to requirements further described in this
Notice.
6. Project-Based Rental Assistance
Submission: If requesting funds for
Project-Based Rental Assistance, also
provide the following information:
a. The number of units and the type
of structure to which the assistance
units will be attached.
b. The ownership of the project and
evidence of site control.
c. If a tribe/TDHE proposes to use its
grant to provide rental assistance
payments for rental housing units not
yet constructed or rehabilitated,
provide:
i. A project timeline, including the
length of time the Tribal HUD–VASH
assistance would not be used while
waiting for the units to be completed
(projects with timeframes longer than 2
years until completion will not be
approved);
ii. A detailed budget for the project
including all sources and uses of
funding; and
iii. Evidence showing experience of
the tribe/TDHE in developing new
housing.
7. Tribal Resolution: If an application
is submitted by a TDHE on behalf of an
Indian tribe(s), a tribal resolution(s)
must be submitted authorizing the
TDHE to submit the application under
this program.
8. Mitigation Plan: Per the 2015
Appropriations Act, HUD must consider
administrative capacity before making
awards. HUD will examine a range of
capacity indicators, including
outstanding financial audits; unresolved
HUD monitoring findings, Office of
Inspector General (OIG) findings or
audit findings; unresolved outstanding
civil rights violations, high unexpended
grant balances; and overall
administrative capacity to administer a
new program. If the invitation requires
an applicant to submit a mitigation plan
as a precondition to receiving an award
due to capacity concerns identified by
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HUD, the applicant must submit the
mitigation plan with the application.
The mitigation plan must be approved
by HUD before funds will be awarded.
9. Disclosure of Lobbying Activities
(SFLLL): This form must be submitted
by State-recognized Indian tribes and
TDHEs established only under state law.
10. Code of Conduct: If the applicant’s
Code of Conduct (code) is not listed on
HUD’s website at: https://www.hud.gov/
program_offices/spm/gmomgmt/
grantsinfo/conduct or if the information
on the website has changed, a copy of
the code must be submitted with the
application.
11. Community Involvement: The
applicant is encouraged to involve the
community in developing and
implementing the Tribal HUD–VASH
program. Please include a description of
actions taken to allow for citizen
participation.
D. Application Review Procedures
HUD will review each application and
will respond to each application within
30 days of receipt or in accordance with
the requirements outlined in future
Notices issued by HUD. Upon HUD’s
approval of the application, a Tribal
HUD–VASH grant will be awarded to a
tribe/TDHE. HUD will issue a grant
agreement to be signed by the tribe/
TDHE and will disburse funds through
the HUD LOCCS system.
VI. Tribal HUD–VASH Program
Requirements, Waivers, and
Alternative Requirements
The 2015 Appropriations Act requires
tribes and TDHEs that receive funding
under Tribal HUD–VASH to administer
the program in accordance with
NAHASDA and the IHBG regulations at
24 CFR part 1000, except as modified in
this Notice. The program requirements
for the HCV program found at 24 CFR
part 982 and the project-based voucher
(PBV) program requirements found at 24
CFR part 983 do not apply unless
specifically made applicable by this
Notice. The following Notices also do
not apply to Tribal HUD–VASH: PIH
2015–11, PIH 2014–23, PIH 2011–50
PIH–2010–40, and 77 FR 17086. In
addition, the 2015 Appropriations Act
authorizes HUD, in coordination with
the VA, to waive, or specify alternative
requirements for, any provision of any
statute or regulation (except for
requirements related to fair housing,
nondiscrimination, labor standards, and
the environment), that HUD administers
in connection with the use of these
funds, upon a finding by HUD that any
such waivers or alternative
requirements are necessary for the
effective delivery and administration of
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assistance under this program. This
section of the Notice sets forth
requirements for Tribal HUD–VASH
that replace or augment those in
NAHASDA, and that HUD determined
are necessary for the effective delivery
and administration of Tribal HUD–
VASH. These waivers or alternative
requirements are exceptions to the
existing IHBG program requirements,
which would otherwise govern the
provision of Tribal HUD–VASH
assistance.
A. Native American Veteran Selection
and Referral
Native American veterans first will be
screened by the VA in accordance with
VA screening procedures and by
applying the eligibility criteria in
section VI, paragraph B. Native
American veterans determined by the
VA to be eligible for the program will
be referred to the tribe/TDHE for
additional screening based on the
eligibility requirements also listed in
paragraph B., below. Native American
veterans determined eligible for
assistance under this program will then
be provided with rental assistance. A
tribe/TDHE may not provide rental
assistance under this program unless it
receives a referral from the VA and the
referred Native American veteran meets
the eligibility criteria for housing
assistance as described in paragraph B.,
below.
B. Native American Veteran Eligibility
1. VA Screening: The VA determines
the initial eligibility of Native American
veterans in the Tribal HUD–VASH
program. VA screens for the following
program eligibility requirements:
a. Eligible for VA health care (based
on factors such as length of time in
active duty, service, and type of
discharge as noted on the Native
American veteran’s Certificate of
Release or Discharge from Active Duty
(DD–214)). More information on veteran
status and VA eligibility health care
eligibility criteria can be found at https://
www.va.gov/about_va/ (Benefits,
‘‘Applying for Benefits’’).
b. A determination of Homeless or At
Risk of Homelessness in accordance
with this Notice.
c. A clinical need for Case
Management services (e.g., a disabling
physical or mental condition, or
substance use that contributes
significantly to the Native American
veteran’s housing status), as determined
by VA.
d. The Native American veteran’s
agreement to participate in VA Case
Management.
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2. VA will prioritize eligible Native
American veterans based on their level
of need for Case Management. Those
veterans with the greatest need for Case
Management will be the first to be
referred to a participating tribe/TDHE
for rental assistance.
3. For the purposes of this program,
eligibility status for housing does not
extend to a deceased veteran’s family.
4. Tribe/TDHE Screening: The tribe/
TDHE must accept all VA referrals of
Native American veterans and their
families from its VA partner and screen
for the following eligibility
requirements:
a. A determination that the veteran is
‘‘Indian’’ as defined in section 4(10) of
NAHASDA.
b. A determination that the Native
American veteran is income-eligible. To
be eligible, a veteran household’s
annual income must be no more than 80
percent of the greater of the median
income for the Indian area, or the
median income for the United States as
prescribed by Section 4(15) of
NAHASDA. Tribes/TDHEs will be
subject to the same definition of
‘‘annual income’’ as in 24 CFR 1000.10.
Tribes may follow their existing IHBG
policies on calculating income in
compliance with 24 CFR 1000.10, or
they may establish new policies specific
to the Tribal HUD–VASH program.
Native American veterans may qualify
for assistance under this program if they
meet the income eligibility requirements
in this Notice at the time they enter the
Tribal HUD–VASH program. HUD is
adopting the definitions of Homeless
and At Risk of Homelessness that are in
the McKinney-Vento Act, but the
income requirements of McKinneyVento do not apply to this program.
Tribes and TDHEs may not provide
assistance under this program to any
over-income Native American veteran
that would otherwise be deemed eligible
under the over-income or essential
family categories in Sections 201(b)(2)
and (3) of NAHASDA, unless the
household met the income requirements
at the time that they entered the
program. To ensure that those Homeless
and At Risk of Homeless Native
American veterans with the greatest
housing need will be first served by this
program, HUD has found it necessary to
waive of Sections 201(b)(2) and (3) of
NAHASDA, and regulations at 24 CFR
1000.104–1000.110, to limit eligibility
to Native American veterans whose
income is no more than 80 percent of
area median income for the Indian area.
c. A determination that the veteran is
not registered as a lifetime sex offender.
HUD is establishing the following
alternative requirements to section
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207(b) of NAHASDA, and 24 CFR
1000.120 relating to tenant selection.
HUD is applying the screening
requirements similar to 24 CFR
982.553(a)(2) relating to registered
lifetime sex offenders. Tribes/TDHEs are
required to establish written standards
that prohibit admission if the veteran or
any member of the household is subject
to a lifetime registration requirement
(Tier III offense) under any state sex
offender registration program. As part of
the eligibility screening process, a tribe/
TDHE must perform a background check
to see if the referred veteran or any
household member is subject to a
lifetime sex offender registration
requirement in the state where the
housing is located and in other states
where the household members are
known to have resided. If a household
member other than the Homeless or At
Risk of Homelessness veteran (which
would result in denial of admission for
the household) is subject to lifetime
registration under a state sex offender
registration, the remaining household
members may be served if the veteran
agrees to remove the sex offender from
its household composition. This
requirement is necessary to ensure
consistent policy across HUD–VASH
programs relating to providing
assistance to registered sex-offenders.
d. Annual income is used to
determine program eligibility under
NAHASDA. Per PIH Notice 2011–15,
veteran compensation for serviceconnected disability or death under title
38 U.S.C. chapter 11, and dependency
and indemnity compensation for
service-connected deaths under title 38
U.S.C. chapter 13 are excluded from
income. Refer to NAHASDA Program
Guidance 2013–05 for more information
on calculating income.
5. Written documentation of all
referrals and eligibility screening must
be maintained in the veteran’s file by
the tribe/TDHE.
C. Awarding Housing Assistance to an
Eligible Veteran
Once the tribe/TDHE performs all the
activities listed above and the Native
American veteran is deemed eligible,
the tribe must offer rental housing
assistance provided by this program to
the participant. Tenant-Based Rental
Assistance must be provided with an
initial search term of 120 days from the
date such assistance is offered. ProjectBased Rental Assistance must be offered
in the form of the next available projectbased unit.
To ensure consistency with the
standard HUD–VASH program and to
serve the maximum number of Native
American veterans in need of housing
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stability, tribes/TDHEs will not be
allowed to deny assistance to an
otherwise eligible Native American
veteran who has been referred by the
case manager on any grounds other than
preferences based on tribal membership
in accordance with the tribe/TDHE’s
written admissions and occupancy
policies. Where a tribe/TDHE has
adopted a tribal preference policy on
admissions and occupancy that
provides that the tribe/TDHE will
provide assistance to a tribal member
before members of other Indian tribes,
the tribe/TDHE may prioritize assistance
under this program to tribal members. If
a tribe/TDHE has remaining grant funds
after serving its tribal members veterans,
it must serve other referred Native
American veterans that are members of
other Indian tribes until all grant funds
under this program have been fully
spent and may not refuse to provide
such assistance. Tribes/TDHEs may
adopt a tribal preference policy
specifically for this program. Tribes/
TDHEs may not deny admission to a
referred and eligible Native American
veteran because of any factors or
reasons, other than tribal preference,
such as criminal history (aside from sex
offender status) or substance abuse.
D. Record Keeping at Initial Occupancy
In addition to maintaining records of
referral and eligibility determination as
required in paragraph B.5. above, a
tribe/TDHE must also collect, keep on
file, and report, additional household
demographic, personal (including social
security numbers), and rental
information using a HUD–50058 form
revised for the Tribal HUD–VASH
program. This information also is
required to be reported through an
electronic reporting system as
prescribed by HUD. See ONAP Program
Guidance, ‘‘Record Keeping at Initial
Occupancy’’ (No. 2016–05) for further
guidance on required record keeping.
At initial occupancy, tribes/TDHEs
will need to collect Social Security
numbers (SSNs) for Homeless or At Risk
of Homelessness veterans and their
household members. This information
must be maintained in the veteran’s
physical file. An original document
issued by a federal, state, or tribal
government agency, which contains the
name of the individual and the SSN of
the individual along with other
identifying information, is acceptable in
accordance with the standards in 24
CFR 5.216(g). In the case of the
Homeless or At Risk of Homelessness
veteran, the tribe/TDHE must accept the
Certificate of Release or Discharge from
Active Duty (DD–214) or the VA-verified
Application for Health Benefits (10–
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10EZ) as verification of SSN, and cannot
require the veteran to provide a SSN
card. These documents must also be
accepted for proof-of-age purposes in
lieu of birth certificates or other tribe/
TDHE-required documentation. Please
note that veterans are also issued photo
identification cards by the VA. If such
identification is required by the tribe/
TDHE, these cards must be accepted by
the tribe/TDHE in lieu of another type
of government-issued photo
identification.
E. Case Management
As part of the VA Case Management
duties, the veteran’s case manager will
assist the veteran in locating appropriate
housing for the veteran. VA
responsibilities for Case Management
also include (1) providing appropriate
treatment, referrals, and supportive
services to the veteran, if needed, prior
to tribe/TDHE issuance of rental
assistance; (2) identifying the social
service and medical concerns of the
veteran and providing, or ensuring the
provision of, regular ongoing Case
Management, outpatient health services,
crisis intervention, and other supportive
services as needed throughout the
veteran’s participation period; and (3)
maintaining records and providing
information for evaluation purposes, as
required by HUD and the VA.
As a condition of receiving rental
assistance under this program, an
eligible veteran must agree to receive
the Case Management services noted
above. If a Tribal HUD–VASH case
manager determines that a veteran fails
to participate without good cause in
Case Management, the participant’s
rental assistance may be terminated.
However, a determination by the case
manager that the participant veteran no
longer requires Case Management is not
grounds for termination of assistance.
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F. Local Housing Codes and Quality
Standards
Once a unit is located or ready to be
occupied by a veteran, the tribe/TDHE
must make a determination that the unit
meets applicable local housing codes
and quality standards in accordance
with section 207(a) (2) of NAHASDA.
G. Ineligible Housing
Under the 2015 Appropriations Act,
assistance under this program is limited
to Native American veterans that are
Homeless or At Risk of Homelessness
living on or near a reservation or other
Indian areas. Accordingly, tribes/TDHEs
participating in this program must
house Native American veterans either
on or near reservations, or within
NAHASDA-authorized Indian areas,
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Jkt 241001
with the exception of units developed to
house Homeless veterans on the
grounds of a VA facility.
Assistance under this program may
not be provided to Native American
veterans who will be residing in a
housing unit that qualifies as Formula
Current Assisted Stock under the IHBG
program. Refer to the ONAP Program
Guidance, ‘‘IHBG in the Tribal HUD–
VASH Program’’ (No. 2018–01) for more
information.
H. Rent
1. Due to the limited availability of
housing stock on or near reservations or
in NAHASDA Indian Areas that is not
developed, or has been otherwise
assisted, with NAHASDA funding, HUD
has found it necessary to establish
alterative requirements regarding the
maximum rent for a unit assisted under
NAHASDA. These alternative
requirements affect sections 203(a) of
NAHASDA, and regulations at 24 CFR
1000.124, and 1000.130, which limit the
maximum rent that can be charged to 30
percent of a household’s adjusted
monthly income. The alternative
requirement allows a tribe/TDHE to
determine rents by bedroom size based
on the local FMR, market conditions
and/or unit operating costs. Tribes/
TDHEs must submit a justification as to
how rent is determined in their program
application. For both, housing units
owned or operated by the tribe/TDHE,
and privately-owned units, rents may
not exceed 110 percent of FMR. If a
tribe/TDHE deems it necessary to charge
more than 110 percent of FMR (or to
place a veteran in a privately-owned
unit with a rent that exceeds 110
percent of FMR), it must obtain HUD’s
prior approval to do so. For example, a
tribe/TDHE may find it necessary to
request such approval in order to
address a request for a reasonable
accommodation for a person with
disabilities or in instances where rental
market conditions render it difficult to
find rent at 110 percent of FMR. HUD
encourages tribes/TDHEs to establish
rents at a level that is less than 110
percent of the FMR, particularly in
housing that is owned or operated by
the tribe/TDHE, to allow more Native
American veterans to receive assistance.
These alternative requirements do not
apply to any other HUD-assisted
housing that may be subject to other
rent restrictions.
2. Bedroom size must be determined
based the number of family members
living in the household, not on the
number of bedrooms in the unit to be
rented. Guidelines for determining unit
size are one bedroom for each two
persons within the household, except:
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a. Persons of the opposite sex (other
than spouses, and children under age 5)
are not required to share a bedroom;
b. Persons of different generations are
not required to share a bedroom;
c. Live-in aides must be allocated a
separate bedroom. No additional
bedrooms will be provided for the livein aide’s family; and
d. Single person families must be
allocated zero or one bedroom.
Therefore, in situations where the
available housing has more bedrooms
than necessary for the family size and
composition, the rental assistance
payment must be limited to the number
of bedrooms based on the guidelines
listed above. If a recipient chooses to
‘‘over house’’ a Veteran family by
placing the family in a larger unit than
the family requires under the above
guidelines, the maximum amount of
Tribal HUD–VASH funds that can be
used to house the Veteran family is the
rent for a unit sized in accordance with
the guidelines, and in accordance with
Section VI., subsection H of this Notice.
Any additional rental costs due to over
housing cannot be funded with Tribal
HUD–VASH or regular IHBG funds, but
can be funded by other resources. In
addition, Tribes/TDHEs may want to
consider shared housing arrangements
in situations where appropriate-sized
housing is limited, but where individual
veterans could have a separate bedroom
and share common areas.
I. Tenant Rent Contribution Payment
Eligible Native American veterans and
their families will be required to make
a monthly tenant rent contribution
payment that is no more than 30 percent
of their monthly adjusted income (as
defined in NAHASDA and
implementing regulations). The tribe/
TDHE will pay the difference between
the rent and the tenant rent contribution
payment. Consistent with 24 CFR
1000.132, the tribe/TDHE may
determine if utilities are included in the
rent for the unit. The tribe/TDHE may
also make this determination when
negotiating rental assistance payment
contracts with private owners of
housing. Tribes/TDHEs may establish a
tenant rent contribution payment
amount for a Native American veteran
that is less than 30 percent of monthly
adjusted income. IHBG funds may be
used to cover any additional costs
related to housing Native American
veterans and their families under this
program.
J. Rental Assistance Payment Contract
A tribe/TDHE must enter into a
contract with the owner of the privatelyowned rental housing units in which
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the Native American veteran will reside.
The contract will govern rental
assistance provided under this program
to the owner by the tribe/TDHE.
Specific terms and conditions will be
required. See ONAP Program Guidance,
‘‘Rental Assistance Payment (RAP)
Contract Requirements’’ (No. 2016–04R)
for further guidance on the required
contract contents.
K. Program Income
HUD has found it necessary to
establish alternative requirements to
section 104(a) of NAHASDA, and 24
CFR 1000.62–1000.64, relating to
program income received by the tribe/
TDHE under this program to ensure
program funds continue to be used to
provide affordable housing to lowincome Native American families.
Amounts paid to the tribe/TDHE to
cover the rental assistance payment of
Native American veterans and their
families in tribe/TDHE-owned or
operated housing; tenant rent
contribution payments collected under
this program; and any other income
earned from the disbursement of grant
funds, including income earned on
funds received from such payments;
will be considered program income, and
must be spent on affordable housing
activities, which will be subject to the
requirements of NAHASDA and any
other applicable Federal law.
Notwithstanding Section 104(a) of
NAHASDA, and 24 CFR 1000.62–
1000.64, such income may not be spent
on housing-related activities, as that
term is defined in 24 CFR 1000.10. HUD
strongly encourages tribes/TDHEs to use
this program income to further provide
affordable housing assistance to
Homeless or At Risk of Homelessness
Native American veterans eligible under
this program first, before providing
assistance to other low-income Native
American families. Additionally, all
such amounts must be tracked and
reported in the Federal Financial Report
(SF–425) to ensure compliance with this
requirement.
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L. Environmental Review
In accordance with the environmental
requirements in 24 CFR 1000.20, the
tribe/TDHE may not enter into a projectbased rental assistance contract or lease
before completion of an environmental
review and either HUD approval of a
Request for Release of Funds under 24
CFR part 58 or HUD approval of the
property under 24 CFR part 50.
However, in accordance with 24 CFR
50.19(b)(11) and 24 CFR 58.35(b)(1),
tenant-based rental assistance is
excluded from environmental review.
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M. Administrative Fee and Reserve
Accounts
HUD has found it necessary to
establish alternative requirements to
section 101(h) of NAHASDA, and 24
CFR 1000.236–1000.239 to ensure that
administrative fees received under this
program can pay for, and are limited to,
administrative and planning expenses
related to this program. Tribes/TDHEs
participating in the program will receive
a flat administrative fee of $1,020 per
unit, for a 12-month period, which can
also be used for start-up funding. These
funds will be included as part of the
grant issued under this program.
A tribe/TDHE may use up to this
amount for eligible administrative and
planning expenses related only to this
Tribal HUD–VASH program. These
funds may not be used to pay for
administrative and planning expenses
related to the tribe/TDHE’s IHBG
program or any other program. If, after
covering all administrative Tribal HUD–
VASH expenses, there is a residual
administrative fee amount, these funds
may be used to provide additional rental
assistance to Native American veterans
and their families under Tribal HUD–
VASH.
Eligible administrative expenses
include but are not limited to: (1)
Eligibility determinations; (2) intake and
briefings; (3) owner outreach efforts; (4)
unit inspections; (5) rent negotiations;
(6) annual and interim reexaminations;
(7) tenant fraud investigations and
hearings; (8) processing subsequent
moves; (9) the costs associated with
making rental assistance payments to
owners; and (10) complying with
reporting requirements.
HUD is waiving section 202(9) of
NAHASDA and 24 CFR 1000.239
relating to reserve accounts established
to accumulate amounts for
administration and planning. Given the
need to ensure the timely expenditure of
funds under this program, and the
limited scope of this demonstration
program, tribes/TDHEs may not draw
down funds under this program and
deposit them in a reserve account to
accumulate amounts for administration
and planning.
N. Interim and Annual Reexaminations
HUD has established alternative
requirements to 24 CFR 1000.128(b)
relating to income reexamination
requirements. HUD has found it
necessary to require interim
reexaminations if a Native American
veteran’s household income decreases
so that the rental assistance payment
may increase to cover the cost of rent.
Further, if the program is given renewal
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authority, it will be necessary to
conduct annual reexaminations to
capture annual fluctuations in income
and rent as well as track demographic
data necessary for the reporting
requirements of the program.
Tribes/TDHEs must conduct an
interim reexamination if the Native
American veteran’s income decreases
between annual certifications. If there
have been any changes in income, rent,
or household composition they must be
reported using the relevant sections of
the HUD–50058 Form. A paper copy of
this information must be kept in the
veteran’s file and be transmitted
electronically to HUD at the time of the
interim reexamination.
In the event of renewal funding for
the program, the tribes/TDHEs must
conduct an annual reexamination of the
Native American veteran and the
household’s income to determine rental
assistance payments and tenant rent
contribution payments. Annual
reexaminations must also collect and
update household demographic,
personal and rental information
reported on the Tribal Family Report
(HUD–50058 form). A paper copy of this
information must be kept in the
veteran’s file and an electronic version
of this information must be sent to HUD.
Rental information reported during the
annual recertification will be used to
calculate renewal funding.
If, upon annual reexamination, a
Native American veteran or his/her
household is determined to be overincome, the tribe can continue to serve
the Native American veteran/household
and not have it count towards its 10
percent over-income cap under 24 CFR
1000.110(c). If the Native American
veteran/household’s adjusted rent
contribution payment, based on the
income increase, is equal to the rent for
the unit, then the Tribal HUD–VASH
rental assistance is no longer needed
and this assistance must be used on the
next eligible Native American veteran.
In this instance, the over-income Native
American veteran can continue to
receive Case Management services from
the VA for as long as the VA deems the
care necessary.
O. Reporting Requirements
As required by Congress, tribes/
TDHEs must submit demographic and
financial information generated by the
Tribal HUD–VASH program. Grant
funds received under this program must
be reported annually in a tribe/TDHE’s
Indian Housing Plan and Annual
Performance Report. Information on
grant funds and program income
received under this program also must
be reported quarterly on the Federal
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Financial Report (SF–425). Tribes and
TDHEs must fill out relevant
demographic and rental information on
the HUD Form 50058 and keep a
physical record of this form.
Additionally, tribes/TDHEs will be
required to transmit data from this form
electronically on a monthly, quarterly,
or annual basis via a method provided
by HUD. HUD encourages tribes to make
effective use of evidence in identifying
or selecting the practices and strategies
for implementing HUD VASH. All tribes
and TDHEs must agree to cooperate in
HUD-funded research and evaluation
studies.
P. Turnover of Tribal HUD–VASH
Assistance
In accordance with the 2015
Appropriations Act, if the Tribal HUD–
VASH rental assistance is no longer
needed by a Native American veteran,
this assistance must be issued to other
eligible Native American veterans as
identified by a case manager and as
described further in this Notice.
Q. Termination of Assistance to Native
American Veterans
Participating tribes and TDHEs must
comply with requirements of section
207 of NAHASDA on termination of
assistance. In addition, before
determining whether to terminate
assistance, tribes and TDHEs must
contact the case manager to determine if
ongoing Case Management services
could mitigate the conditions that are
leading to a potential termination.
Participating tribes and TDHEs are
subject to Section 504 of the
Rehabilitation Act and HUD’s regulation
at 24 CFR part 8, which would include
providing reasonable accommodations
to individuals with disabilities
throughout the termination process.
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R. Renewal Funding
Renewal funding under the Tribal
HUD–VASH program is subject to the
availability of future appropriations. If
appropriated, the process by which
existing Tribal HUD–VASH recipients
may seek renewal funding will be
published annually in a PIH Notice.
HUD will award renewal funds based on
the criteria specified in the
appropriation language and
requirements issued in this Notice. If
funding is not available, then tribes/
TDHEs should use their best efforts to
allocate IHBG funds to support
Homeless or At Risk of Homelessness
Native American veterans and their
families that are currently being assisted
through Tribal HUD–VASH programs.
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16:47 May 21, 2018
Jkt 241001
S. Investment of Grant Funds
HUD is waiving section 204(b) of
NAHASDA and 24 CFR 1000.58 relating
to the investment of grant funds. Given
the need to ensure the timely
expenditure of funds under this
program, and the limited scope of this
demonstration program, tribes/TDHEs
may not draw down funds under this
program to invest in securities or other
obligations.
T. Reduction and Termination of HUD–
VASH Grant Funds, Appeal of HUD
Determinations, and Reallocation of
Grant Funds
Because of the urgent housing needs
of Native American veterans and their
families, the relatively limited amount
of funding under this program, the
limited scope of this demonstration
program, and the need to ensure the
timely expenditure of funding, HUD
finds it necessary for the effective
delivery and administration of
assistance under this program to waive
Title IV of NAHASDA, and all
implementing regulations at 24 CFR part
1000 as they relate to termination,
reduction and limitation of assistance,
and reallocation of such assistance to
other tribes/TDHEs under this program.
HUD is establishing alternative
requirements to Title IV of NAHASDA,
and relevant implementing regulations
24 CFR part 1000.
To ensure compliance with program
requirements, HUD will conduct remote
and on-site monitoring, as appropriate.
After HUD has provided sufficient
warning and time to cure, HUD may
find it necessary to terminate, reduce, or
limit the availability of the grant to a
tribe/TDHE for poor performance or
substantial noncompliance with
program requirements. Poor
performance, as determined by HUD
may include actions outside of the tribe/
TDHE’s responsibility such as lack of
adequate referrals or poor quality of
supportive services provided by a
contracted case management entity, or
other reasons. Poor performance also
includes an inadequate voucher
utilization rate by the tribe or TDHE.
Substantial noncompliance with
program requirements is noncompliance
that HUD determines: (1) Has a material
effect on the tribe/TDHE’s Tribal HUD–
VASH program; (2) represents a material
pattern or practice of activities
constituting willful noncompliance with
program requirements, even if a single
instance of noncompliance would not
be substantial; or (3) places the tribe/
TDHE’s Tribal HUD–VASH program at
substantial risk of fraud, waste, or
abuse. HUD may also terminate or
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Fmt 4703
Sfmt 4703
reduce grant funds in situations where
a tribe/TDHE is not carrying out
activities due to a lack of Homeless
Native veterans who need housing, or
the recipient’s failure to comply with its
mitigation plan.
If, after expiration of any applicable
cure period, HUD determines that a
tribe/TDHE lacks Homeless Native
veterans who need housing, is
performing poorly, or is in substantial
noncompliance with program
requirements, HUD will provide written
Notice to the tribe/TDHE informing it of
HUD’s decision to terminate, reduce, or
limit the availability of the grant. If the
tribe/TDHE disagrees with HUD’s
determination, it may appeal that
decision in writing to HUD within 30
days of receipt of HUD’s written Notice.
In such appeal, the tribe/TDHE must
demonstrate to HUD’s satisfaction good
cause to maintain its grant under this
program, including and, as applicable,
demonstrate how it will cure its
noncompliance or improve its poor
performance, within a time period
deemed acceptable by HUD. In
situations where HUD determines a
tribe/TDHE is not carrying out activities
due to a lack of Homeless Native
veterans, the tribe/TDHE must
demonstrate to HUD’s satisfaction the
level of Homeless Native veteran
housing need that corresponds to the
assistance the tribe/TDHE is currently
receiving. If HUD denies the tribe/
TDHE’s appeal, it will provide written
Notice of the denial and its reason for
the denial. The tribe/TDHE will have 30
days from the date of receipt of HUD’s
written Notice of denial to submit a
written request for reconsideration to
HUD setting forth justification for
reconsideration. HUD will reconsider
the tribe/TDHE’s submission and either
affirm, modify, or reverse its initial
decision in writing and will set forth
HUD’s reasons for the decision.
Reconsideration will be conducted by
an official other than the one who
decided the tribe/TDHE’s appeal. If
HUD affirms its initial decision on
reconsideration, HUD’s decision will
constitute final agency action. HUD will
not take any action to terminate, reduce,
or limit a tribe/TDHE’s assistance until
the tribe/TDHE has exhausted all of its
appeal and reconsideration rights.
If, after receiving Notice informing it
of HUD’s decision to terminate, reduce,
or limit the availability of assistance, the
tribe/TDHE fails to submit a timely
appeal or request for reconsideration,
fails to demonstrate to HUD’s
satisfaction good cause to maintain its
grant funds under this program, or fails
to cure its noncompliance or poor
performance within the time specified
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices
by HUD, HUD is authorized to
terminate, reduce, or limit the
availability of the tribe/TDHE’s grant
funds under this program. HUD may use
its discretion to reallocate the grant
funds resulting from such reduction or
termination, to any other tribe/TDHE
that is in compliance with program
requirements and is not deemed to be a
poor performer, and that still has a need
to house Homeless Native veterans.
Grant funds may be reallocated among
tribe/TDHEs within the same ONAP
region, or among tribes/TDHEs in
different ONAP regions, based on
administrative capacity, the utilization
of previously awarded Tribal HUD–
VASH assistance, and current
geographic need as determined by the
VA and HUD.
To the extent that any provision of
Title VI of NAHASDA or any
implementing regulation at 24 CFR part
1000 conflicts with the appeal process
described above including, but not
limited to, the opportunity for an
administrative hearing, the provisions of
this Notice will apply.
U. Nondiscrimination Requirements
The Tribal HUD–VASH program is
administered in accordance with
applicable civil rights and fair housing
laws and requirements. Tribes/TDHEs
shall be subject to all nondiscrimination
requirements that are applicable under
NAHASDA and the IHBG regulations at
24 CFR part 1000 and in particular 24
CFR 1000.12
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V. Electronic Submission Requirement
For the demonstration program, HUD
waived the requirement to submit
applications for grant funding through
www.grants.gov, as required in 24 CFR
5.1005. Considering the statutory
deadline to publish the October 21,
2015 Notice and begin the process of
awarding funding, and the limited
amount of available funds under this
program, HUD determined that allowing
the submission of paper applications
was less burdensome and allowed HUD
to make awards in a timelier manner.
Subject to the availability of
appropriations, applicants for this
program should submit applications in
accordance with the requirements
outlined in any future Federal Register
or Public and Indian Housing (PIH)
Notices issued by HUD.
VII. Environmental Impact
A Finding of No Significant Impact
with respect to the environment has
been made in accordance with HUD
regulations at 24 CFR part 50, which
implement section 102(2)(C) of the
National Environmental Policy Act of
VerDate Sep<11>2014
16:47 May 21, 2018
Jkt 241001
1969 (42 U.S.C. 4332(2)(C)). The
Finding of No Significant Impact is
available for public inspection during
regular business hours 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
Finding 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 Relay Service at (800) 877–
8339.
Dated: May 10, 2018.
Dominique Blom,
General Deputy Assistant Secretary for Public
and Indian Housing.
[FR Doc. 2018–10909 Filed 5–21–18; 8:45 am]
BILLING CODE 4210–67–P
23719
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Virginia F. Holman, Housing Specialist,
U.S. Department of Housing and Urban
Development, Office of Housing
Counseling, Office of Outreach and
Capacity Building, 600 East Broad
Street, Richmond, VA 23219,
virginia.f.holman@hud.gov, telephone
number (804) 822–4911. This is not a
toll-free number. Persons with hearing
or speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
A. Overview of Information Collection
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7005–N–10]
60-Day Notice of Proposed Information
Collection: Survey to Assess
Operational and Capacity Status of
Housing Counseling Agencies after a
Disaster
Office of the Assistant
Secretary for Housing- Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: July 23,
2018.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
SUMMARY:
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Frm 00095
Fmt 4703
Sfmt 4703
Title of Information Collection:
Survey to Assess Operational and
Capacity Status of Housing Counseling
Agencies after a Disaster.
OMB Approval Number: 2502–0615.
Type of Request: New.
Form Number: None.
Description of the need for the
information and proposed use. Survey
to assess the operating and capacity
status of HUD participating housing
counseling agencies in the aftermath of
major disasters. The information
collected will be used to identify and
provide recovery support and assistance
to HUD participating housing
counseling agencies and their clients.
Respondents: HUD participating
housing counseling agencies.
Estimated Number of Respondents:
100.
Estimated Number of Responses: 200.
Frequency of Response: Twice after
disaster declaration.
Average Hours per Response: 0.5.
Total Estimated Burden: 100.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) 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) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Pages 23710-23719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10909]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR 6091-N-01]
Implementation of the Tribal HUD-VA Supportive Housing Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban Development.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On October 21, 2015, HUD published in the Federal Register a
Notice that established the policies and procedures for the
administration of a supportive housing and rental demonstration called
``Implementation of the Tribal HUD-VA Supportive Housing Program''
(Tribal HUD-VASH). The program provides rental assistance and
supportive services to Native American veterans who are Homeless or At
Risk of Homelessness living on or near a reservation or other Indian
areas. HUD also issued technical corrections in the Federal Register on
December 6, 2016 to clarify the program's intent and address various
issues that arose during the implementation of the program. Today's
Federal Register Notice consolidates all Tribal HUD-VASH program
requirements in one Notice and supersedes the prior Notices. This
Notice also establishes HUD's procedures for issuing renewal funding,
subject to the availability of future appropriations.
DATES: Applicability Date: May 22, 2018.
FOR FURTHER INFORMATION CONTACT: Heidi J. Frechette, Deputy Assistant
Secretary, Office of Native American Programs (ONAP), Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
7th Street SW, Room 4126, Washington, DC 20410, telephone number 202-
402-7914. (This is not a toll-free number.) Hearing--or
[[Page 23711]]
speech-impaired individuals may access this number via TTY by calling
the toll-free Federal Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
II. Definitions
III. Program Requirements
IV. Allocation of Assistance
V. Application for Tribal HUD-VASH Program
VI. Tribal HUD-VASH Program Requirements, Waivers, and Alternative
Requirements
VII. Environmental Impact
I. Background
Since Fiscal Year (FY) 2008, the Housing Choice Voucher (HCV)
program has provided rental assistance under a supportive housing
program for Homeless veterans authorized by section 8(o)(19) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)). The
initiative, known as the HUD-VA Supportive Housing (HUD-VASH) program,
was initially authorized by the Consolidated Appropriations Act, 2008
(Pub. L. 110-161, approved December 26, 2007). The HUD-VASH program
combines HCV rental assistance for Homeless veterans with Case
Management and clinical services provided by or through the VA through
Veterans Administration Medical Centers (VAMC). Historically, this
program has not reached Native American veterans in tribal communities
due to legal impediments preventing tribes and tribally designated
housing entities (TDHEs) from participating in the HUD-VASH program.
In the Consolidated and Further Continuing Appropriations Act, 2015
(Pub. L. 113-235, approved December 16, 2014) (``2015 Appropriations
Act''), Congress authorized funding for a demonstration program to
expand the HUD-VASH program into Indian Country. The 2015
Appropriations Act directed HUD to coordinate with Indian tribes,
TDHEs, and other appropriate tribal organizations to design this
program, and ensure the effective delivery of housing assistance and
supportive services to Native American veterans who are Homeless or At
Risk of Homelessness. It also authorized HUD to make appropriate
adjustments to the HUD-VASH model, and to waive or specify alternative
requirements (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) for any
provision of any statute or regulation that it administers if it finds
that they are necessary for the effective delivery and administration
of rental assistance under the program.
On January 26, 2015, HUD sent a ``Dear Tribal Leader'' letter to
tribal leaders, tribal organizations, and TDHE directors soliciting
comments on a Tribal HUD-VASH demonstration program (Tribal HUD-VASH).
HUD also held a national listening session at the National American
Indian Housing Council's Legislative Conference held on February 2,
2015, followed by regional listening sessions held at each of the six
Office of Native American Programs (ONAP) field offices. HUD also
received comments from tribes through letters and emails. Generally,
the comments were supportive of the program. The comments offered
suggestions on how the program should be structured to address aspects
such as rent and geographic distribution. HUD considered these comments
when developing the Tribal HUD-VASH program.
On October 21, 2015, HUD published a Notice entitled
``Implementation of the Tribal HUD-VA Supportive Housing Program'' in
the Federal Register establishing the policies and procedures for the
Tribal HUD-VASH program (80 FR 63822). HUD announced the availability
of $4 million in grant funding to Indian tribes and TDHEs to fund
tenant-based or project-based rental assistance and associated
administrative expenses. Under Tribal HUD-VASH, Indian tribes and TDHEs
participants must partner with the Department of Veterans Affairs (VA)
to provide healthcare assistance to eligible Native American veterans.
On March 2, 2016, HUD published a Notice entitled, ``Tribal HUD-VA
Supportive Housing Program Awards, Fiscal Year 2015'' notifying the
public regarding the tribes/TDHEs selected for the program in the
Federal Register. In total, 26 tribes/TDHEs were awarded $5.9 million
in funding, as funding became available in addition to the original $4
million cited in the implementation Notice 81 FR 10880. Finally, HUD
issued technical corrections to the October 21, 2015, Federal Register
Notice on December 6, 2016 to address issues that arose during the
implementation of the program 81 FR 87948.
In the Consolidated Appropriations Act, 2017 (P.L. 115-31, approved
May 5, 2017) an additional $7 million for renewal grant funding and
limited expansion was provided for the Tribal HUD-VASH program. Today's
announcement supersedes the Notices issued on October 21, 2015 and
December 6, 2016 by consolidating all the Tribal HUD-VASH program
requirements. This Notice also establishes HUD's procedures for issuing
renewal funding, subject to the availability of future appropriations.
Any future changes to Tribal HUD-VASH program definitions,
requirements, and implementation will be outlined in future Federal
Register Notices issued by HUD.
II. Definitions
Case Management--For purposes of Tribal HUD-VASH, Case Management
is a specialized component of healthcare management, requiring highly
skilled, trained professionals. Case Management emphasizes a
collaborative process that assesses, advocates, plans, implements,
coordinates, monitors, and evaluates health care options and services
so that they meet the needs of the individual patient.
Community Based Outpatient Clinic (CBOC)--A Community Based
Outpatient Clinic (CBOC) is a VA-operated clinic or a VA-funded or
reimbursed health care facility or site that is geographically distinct
or separate from the parent medical facility.
Fair Market Rent (FMR)--Fair Market Rent means the rent, as
established by HUD, for units of varying sizes (by number of bedrooms),
that must be paid in the market area to rent privately-owned, existing,
decent, safe and sanitary rental housing of modest (non-luxury) nature
with suitable amenities.
Homeless and At Risk of Homelessness--For purposes of Tribal HUD-
VASH, HUD is adopting the definitions of ``Homeless'' in Section 103(a)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)) and
``At Risk of Homelessness'' in Section 401(1) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360(1)). However, the income
provision at 42 U.S.C. 11360(1)(A) does not apply to the Tribal HUD-
VASH program. Instead, HUD is adopting the low-income eligibility
requirements in Section 4(14) of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA). Accordingly, a veteran
will be eligible for this program if he or she otherwise meets the
definition of ``Homeless'' or ``At Risk of Homelessness,'' and is a
low-income Indian, as defined in NAHASDA (i.e., has an income that is
no more than 80 percent of area median income for the Indian area as
determined by HUD).\1\
---------------------------------------------------------------------------
\1\ Wherever the phrase ``Homeless veteran'' appears in this
Notice, it will also include veterans who are At Risk of
Homelessness unless explicitly stated otherwise.
---------------------------------------------------------------------------
Privately-owned housing--Privately-owned housing is any unit not
directly
[[Page 23712]]
owned by the Tribal HUD-VASH grantee. Accordingly, in situations where
the TDHE is the Tribal HUD-VASH grantee, but the unit is owned by
another tribal organization (such as the tribe), the unit would be
considered privately-owned for purposes of this program (see 81 FR
87948).
Project-Based Rental Assistance (PBRA)--Rental housing assistance
tied to a specific housing unit or units. The housing assistance stays
with the unit or units and any household living in the unit must meet
program requirements. If the household moves out of the subsidized
unit, they no longer receive rental housing assistance.
Tenant-Based Rental Assistance (TBRA)--Rental housing assistance
tied to a specific household. The eligible applicant selects and rents
a unit (whether private or TDHE-owned) that meets program requirements,
and the tribe or TDHE makes rent subsidy payments on behalf of the
household. The assistance stays with the household; if the household
moves to a different unit that meets program qualifications, the tribe
or TDHE makes rental payments to the owner of the new unit on the
household's behalf.
III. General Program Requirements
HUD consolidates all program requirements of Tribal HUD-VASH with
the publication of this Notice. Any future changes to program
requirements will be outlined in future Federal Register Notices issued
by HUD. In accordance with the 2015 Appropriations Act, this Notice
includes appropriate adjustments to program requirements through the
issuance of statutory and regulatory waivers that HUD has deemed
necessary for the effective delivery and administration of rental
assistance under the program. Generally, rental assistance under this
program is subject to all requirements of NAHASDA that are applicable
to rental assistance funded under the Indian Housing Block Grant (IHBG)
program. This includes the NAHASDA statute (25 U.S.C. 4101 et seq.),
all IHBG program regulations in 24 CFR part 1000, and all other Federal
laws and regulations applicable to the IHBG program. To the extent that
program requirements in this Notice differ from any provision in
NAHASDA and 24 CFR part 1000, and any other statute or regulation that
HUD administers, with the exception of any Federal civil rights and
fair housing laws and requirements, the terms of this Notice will
govern.
Housing assistance under this program is made available by grants
to tribes and TDHEs that are eligible to receive IHBG funding under
NAHASDA. Tribes request Tenant-Based and/or Project-Based Rental
Assistance by the number of bedrooms in a rental unit. Grants are
awarded based on the number rental units (Tenant-Based and Project-
Based Rental Assistance) approved by HUD. Grants include an additional
amount for administrative costs, which will be described in more detail
later in this Notice. Grant funding is awarded based on 12 months of
funding. Participating tribes/TDHEs draw down funds from the HUD Line
of Credit Control System (LOCCS) on a monthly basis to cover rental
assistance payments.
Eligible Homeless veterans receive case management services through
the Department of Veterans Affairs. A tribe/TDHE works with the local
VAMC to determine how Case Management will be delivered to Native
American veterans. VA may provide these services directly through the
local VAMC, or through a CBOC. Alternatively, the VA may engage in a
contractual relationship with a tribal healthcare provider or the
Indian Health Service (IHS) for service delivery. A tribe/TDHE may
partner with VA to provide office space within the tribal area for the
VA caseworker to operate. Additionally, VA, in coordination with the
tribe/TDHE may partner with IHS to provide space for VA case management
activities at an IHS facility. Locations for the provision of case
management must comply with accessibility requirements as referenced in
24 CFR 1000.12(b).
Native American veterans participating in this program are housed
based on a Housing First approach, where Homeless veterans are provided
housing assistance and then offered the supportive services that may be
needed to foster long-term stability and prevent a return to
Homelessness. This approach assumes that supportive services are more
effective when the individual or household is housed, and the daily
stress of being Homeless is relieved. Key components of the Housing
First model include a simple application process for participating
veterans, a harm reduction approach from VA, and no conditions of
tenancy beyond those included in the lease and the requirements in this
Notice. Housing First specifically does not require sobriety or testing
for substance abuse to obtain or sustain tenancy, and thus must not be
required in the lease. More information on Housing First is available
at: https://usich.gov/usich_resources/fact_sheets/the_housing_first_checklist_a_practical_tool_for_assessing_housing_first_in.
IV. Allocation of Assistance
The 2015 Appropriations Act authorized HUD to set aside an amount
from the HUD-VASH program for a tribal demonstration program. HUD
originally awarded $5.9 million in funding to 26 tribes/TDHEs, to
support approximately 600 rental housing units and associated
administrative fees for Tribal HUD-VASH.
Pursuant to the 2015 Appropriations Act, awards under this program
were based on need, administrative capacity, and other factors that HUD
specifies in this Notice after coordination with the VA. The method of
allocating assistance under this program was developed through a
collaborative effort among VA and HUD's Offices of Public and Indian
Housing, Policy Development and Research, and Community Planning and
Development. HUD also considered all comments and suggestions made by
Indian tribes during the tribal consultation process. Responding to
tribal comments, HUD explored the possibility of allocating funding
through a tribal competition. However, HUD determined the best method
for allocation under the demonstration program was to follow as closely
as possible the existing parameters for the standard HUD-VASH program.
HUD is open to reconsidering a competitive process at a later date, if
additional funding is received for a Tribal HUD-VASH program.
To identify potential Tribal HUD-VASH sites, HUD used a combination
of VA data and data from the American Community Survey (ACS). First,
HUD and VA identified VAMCs serving high populations of Homeless Native
American veterans. To ensure geographic distribution, HUD selected the
top two VAMCs with the highest Homeless Native American population in
each of the six ONAP regions. HUD then identified the tribes within
these VAMC ``catchment'' or operating areas. Using VA data showing the
number of Native American veterans by tribal areas, HUD then
prioritized tribes based on the presence of the greatest number of
veterans and cross referenced this list with ACS data. In some
instances, tribes with large populations of Native American veterans
were outside of the VAMC catchment area. When this occurred, HUD added
the tribe (and local VAMC) for consideration in that ONAP region. VA
allocated funding for the equivalent of up to 30 professional, full-
time Tribal HUD-VASH case managers, which may be used to directly hire
VA staff or enter into a contractual relationship with a tribe or IHS
facility. Each case manager has the
[[Page 23713]]
capacity to serve between 15-25 Native American veterans. Case managers
are assigned to VAMCs based on the overall level of need and capacity
in each ONAP region.
Tribes/TDHEs selected in each ONAP region were invited to apply for
Tribal HUD-VASH shortly after publication of the October 21, 2015
Notice. Tribes/TDHEs were required to submit a Tribal HUD-VASH
application and if any declined to participate or did not need its full
allocation, HUD invited the next highest tribe within an ONAP region
ranked by need and capacity. A tribe/TDHE that participated in the
Tribal HUD-VASH program must partner with its VAMC.
In general, tribes were awarded grants equal to an amount that
funds rental assistance payments for between 15-25 rental housing
units, which is equal to the capacity of one Tribal HUD-VASH case
manager. If there were other tribes in the area with eligible veterans
who could be served by the same case manager, the tribe invited to
apply could either sub-grant to another entity or directly serve Tribal
HUD-VASH recipients from the other tribe. Should the tribe sub-grant to
another entity, HUD strongly encouraged the tribe invited to ensure
that the sub-recipient had sufficient capacity and was in good standing
with HUD. The lead tribe would only be eligible for one grant award,
not to exceed 25 units of assistance. If there were situations where a
tribe/TDHE had a need to serve fewer than 15 Native American veterans,
and VA determined there is the capacity within its existing HUD VASH
staff to assist Native American veterans, the tribe/TDHE may be awarded
fewer than 15 units of assistance.
The grant award was based on the number of units requested by a
tribe/TDHE, the rents established by the tribe, and a per-unit
administrative fee. Once awarded, a tribe/TDHE may provide assistance
to additional Native American veterans if there are funds remaining
from the initial grant, and the VA is able to provide Case Management
support at no additional cost.
V. Application and Submission Information
HUD consolidates and restates previously issued application and
submission guidance for Tribal HUD-VASH with the publication of this
Notice. Any future changes to application and submission guidelines
will be outlined in any future Federal Register or Public and Indian
Housing (PIH) Notices issued by HUD.
A. Application Receipt Deadline
Subject to the availability of appropriations, applicants for this
program should submit applications in accordance with the requirements
outlined in any future Federal Register or PIH Notices issued by HUD.
B. Eligible Applicants
Eligible applicants are Indian tribes as defined in section 4(13)
of NAHASDA or TDHEs authorized by one or more tribes pursuant to
section 4(22) of NAHASDA and 24 CFR 1000.206 and invited by HUD to
apply for Tribal HUD-VASH per the allocation method described under
Section IV of this Notice.
C. Content of Application, Forms, and Required Elements
The applicant must submit all forms and information required in
this section and in accordance with any future Notices issued by HUD.
1. Contact Information: Tribe/TDHE and point of contact; mailing
address; phone number; and email address; including name, title, and
signature of person authorized to submit the application.
2. Other Identifying Information: Employer/taxpayer identification
number (EIN/TIN) and organizational DUNS number.
3. System for Award Management (SAM): Evidence of active, valid SAM
registration.
4. Units of Assistance Requested: Provide the estimated total
number of rental housing units that the Indian tribe or TDHE plans to
provide to Native American veterans with assistance under this program,
and whether the assistance will be Tenant-Based Rental Assistance,
Project-Based Rental Assistance, or a combination of both. Provide a
table detailing the estimated number of units requested by the number
of bedrooms and the corresponding rent, as well as a written
justification for the rent structure (see Section VI. H. Rent). If the
applicant seeks both Tenant-Based and Project-Based Assistance, provide
separate tables. FMRs can be found at www.huduser.org/portal/datasets/fmr.html.
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Rental Assistance Requested by Number of Bedrooms: (total number) Type of Assistance: (Tenant-Based or Project-Based Rental Assistance)
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0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6-BR Total #
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Estimated Rent for Area by Number of Bedrooms
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0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6-BR Total $
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5. Tenant-Based Rental Assistance vs. Project-Based Rental
Assistance:
In the Tribal HUD-VASH application, the tribe/TDHE must determine
if the rental housing assistance provided under the program will be
Tenant-Based Rental Assistance and/or Project-Based Rental Assistance.
After receiving the grant, a tribe/TDHE may make a determination to
convert from one type of rental assistance to the other for any
unutilized grant funds. If the switch is from Tenant-Based to Project-
Based Rental Assistance, then the tribe/TDHE must comply with paragraph
C.5.b below, and submit the Project-Based Rental Assistance information
requested below in paragraph C.7 for HUD approval prior to the actual
switch.
a. Tenant-Based Rental Assistance: A tribe/THDE may apply for a
grant under this program to provide Tenant-Based Rental Assistance to
Native American veterans. The tribe/TDHE will either assist the Native
American veteran in locating privately-owned housing and enter into a
contract with the owner of the housing, or provide housing in a unit
that is owned or operated by the tribe/TDHE. Tenant-Based Rental
Assistance will be subject to requirements further described in this
Notice.
b. Project-Based Rental Assistance: A tribe/THDE may apply for a
grant under this program to provide Project-Based Rental Assistance to
Native American veterans. To be considered for Project-Based Rental
Assistance, a tribe/TDHE's
[[Page 23714]]
IHBG LOCCS balance cannot exceed three times its most current FY grant,
unless the tribe received an IHBG that was less than $75,000 in that
year.
The tribe/TDHE will provide a monthly rental assistance payment for
a specific housing unit in which an eligible Native American veteran
will reside. The housing unit will be specifically designated as a unit
that is available for Native American veterans eligible under this
program. Project-Based Rental Assistance may be provided to privately-
owned housing with a contract with the owner of the housing, or a unit
that is owned or operated by the tribe/TDHE. Project-Based Rental
Assistance will be subject to requirements further described in this
Notice.
6. Project-Based Rental Assistance Submission: If requesting funds
for Project-Based Rental Assistance, also provide the following
information:
a. The number of units and the type of structure to which the
assistance units will be attached.
b. The ownership of the project and evidence of site control.
c. If a tribe/TDHE proposes to use its grant to provide rental
assistance payments for rental housing units not yet constructed or
rehabilitated, provide:
i. A project timeline, including the length of time the Tribal HUD-
VASH assistance would not be used while waiting for the units to be
completed (projects with timeframes longer than 2 years until
completion will not be approved);
ii. A detailed budget for the project including all sources and
uses of funding; and
iii. Evidence showing experience of the tribe/TDHE in developing
new housing.
7. Tribal Resolution: If an application is submitted by a TDHE on
behalf of an Indian tribe(s), a tribal resolution(s) must be submitted
authorizing the TDHE to submit the application under this program.
8. Mitigation Plan: Per the 2015 Appropriations Act, HUD must
consider administrative capacity before making awards. HUD will examine
a range of capacity indicators, including outstanding financial audits;
unresolved HUD monitoring findings, Office of Inspector General (OIG)
findings or audit findings; unresolved outstanding civil rights
violations, high unexpended grant balances; and overall administrative
capacity to administer a new program. If the invitation requires an
applicant to submit a mitigation plan as a precondition to receiving an
award due to capacity concerns identified by HUD, the applicant must
submit the mitigation plan with the application. The mitigation plan
must be approved by HUD before funds will be awarded.
9. Disclosure of Lobbying Activities (SFLLL): This form must be
submitted by State-recognized Indian tribes and TDHEs established only
under state law.
10. Code of Conduct: If the applicant's Code of Conduct (code) is
not listed on HUD's website at: https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conduct or if the information on the website has
changed, a copy of the code must be submitted with the application.
11. Community Involvement: The applicant is encouraged to involve
the community in developing and implementing the Tribal HUD-VASH
program. Please include a description of actions taken to allow for
citizen participation.
D. Application Review Procedures
HUD will review each application and will respond to each
application within 30 days of receipt or in accordance with the
requirements outlined in future Notices issued by HUD. Upon HUD's
approval of the application, a Tribal HUD-VASH grant will be awarded to
a tribe/TDHE. HUD will issue a grant agreement to be signed by the
tribe/TDHE and will disburse funds through the HUD LOCCS system.
VI. Tribal HUD-VASH Program Requirements, Waivers, and Alternative
Requirements
The 2015 Appropriations Act requires tribes and TDHEs that receive
funding under Tribal HUD-VASH to administer the program in accordance
with NAHASDA and the IHBG regulations at 24 CFR part 1000, except as
modified in this Notice. The program requirements for the HCV program
found at 24 CFR part 982 and the project-based voucher (PBV) program
requirements found at 24 CFR part 983 do not apply unless specifically
made applicable by this Notice. The following Notices also do not apply
to Tribal HUD-VASH: PIH 2015-11, PIH 2014-23, PIH 2011-50 PIH-2010-40,
and 77 FR 17086. In addition, the 2015 Appropriations Act authorizes
HUD, in coordination with the VA, to waive, or specify alternative
requirements for, any provision of any statute or regulation (except
for requirements related to fair housing, nondiscrimination, labor
standards, and the environment), that HUD administers in connection
with the use of these funds, upon a finding by HUD that any such
waivers or alternative requirements are necessary for the effective
delivery and administration of assistance under this program. This
section of the Notice sets forth requirements for Tribal HUD-VASH that
replace or augment those in NAHASDA, and that HUD determined are
necessary for the effective delivery and administration of Tribal HUD-
VASH. These waivers or alternative requirements are exceptions to the
existing IHBG program requirements, which would otherwise govern the
provision of Tribal HUD-VASH assistance.
A. Native American Veteran Selection and Referral
Native American veterans first will be screened by the VA in
accordance with VA screening procedures and by applying the eligibility
criteria in section VI, paragraph B. Native American veterans
determined by the VA to be eligible for the program will be referred to
the tribe/TDHE for additional screening based on the eligibility
requirements also listed in paragraph B., below. Native American
veterans determined eligible for assistance under this program will
then be provided with rental assistance. A tribe/TDHE may not provide
rental assistance under this program unless it receives a referral from
the VA and the referred Native American veteran meets the eligibility
criteria for housing assistance as described in paragraph B., below.
B. Native American Veteran Eligibility
1. VA Screening: The VA determines the initial eligibility of
Native American veterans in the Tribal HUD-VASH program. VA screens for
the following program eligibility requirements:
a. Eligible for VA health care (based on factors such as length of
time in active duty, service, and type of discharge as noted on the
Native American veteran's Certificate of Release or Discharge from
Active Duty (DD-214)). More information on veteran status and VA
eligibility health care eligibility criteria can be found at https://www.va.gov/about_va/ (Benefits, ``Applying for Benefits'').
b. A determination of Homeless or At Risk of Homelessness in
accordance with this Notice.
c. A clinical need for Case Management services (e.g., a disabling
physical or mental condition, or substance use that contributes
significantly to the Native American veteran's housing status), as
determined by VA.
d. The Native American veteran's agreement to participate in VA
Case Management.
[[Page 23715]]
2. VA will prioritize eligible Native American veterans based on
their level of need for Case Management. Those veterans with the
greatest need for Case Management will be the first to be referred to a
participating tribe/TDHE for rental assistance.
3. For the purposes of this program, eligibility status for housing
does not extend to a deceased veteran's family.
4. Tribe/TDHE Screening: The tribe/TDHE must accept all VA
referrals of Native American veterans and their families from its VA
partner and screen for the following eligibility requirements:
a. A determination that the veteran is ``Indian'' as defined in
section 4(10) of NAHASDA.
b. A determination that the Native American veteran is income-
eligible. To be eligible, a veteran household's annual income must be
no more than 80 percent of the greater of the median income for the
Indian area, or the median income for the United States as prescribed
by Section 4(15) of NAHASDA. Tribes/TDHEs will be subject to the same
definition of ``annual income'' as in 24 CFR 1000.10. Tribes may follow
their existing IHBG policies on calculating income in compliance with
24 CFR 1000.10, or they may establish new policies specific to the
Tribal HUD-VASH program. Native American veterans may qualify for
assistance under this program if they meet the income eligibility
requirements in this Notice at the time they enter the Tribal HUD-VASH
program. HUD is adopting the definitions of Homeless and At Risk of
Homelessness that are in the McKinney-Vento Act, but the income
requirements of McKinney-Vento do not apply to this program. Tribes and
TDHEs may not provide assistance under this program to any over-income
Native American veteran that would otherwise be deemed eligible under
the over-income or essential family categories in Sections 201(b)(2)
and (3) of NAHASDA, unless the household met the income requirements at
the time that they entered the program. To ensure that those Homeless
and At Risk of Homeless Native American veterans with the greatest
housing need will be first served by this program, HUD has found it
necessary to waive of Sections 201(b)(2) and (3) of NAHASDA, and
regulations at 24 CFR 1000.104-1000.110, to limit eligibility to Native
American veterans whose income is no more than 80 percent of area
median income for the Indian area.
c. A determination that the veteran is not registered as a lifetime
sex offender. HUD is establishing the following alternative
requirements to section 207(b) of NAHASDA, and 24 CFR 1000.120 relating
to tenant selection. HUD is applying the screening requirements similar
to 24 CFR 982.553(a)(2) relating to registered lifetime sex offenders.
Tribes/TDHEs are required to establish written standards that prohibit
admission if the veteran or any member of the household is subject to a
lifetime registration requirement (Tier III offense) under any state
sex offender registration program. As part of the eligibility screening
process, a tribe/TDHE must perform a background check to see if the
referred veteran or any household member is subject to a lifetime sex
offender registration requirement in the state where the housing is
located and in other states where the household members are known to
have resided. If a household member other than the Homeless or At Risk
of Homelessness veteran (which would result in denial of admission for
the household) is subject to lifetime registration under a state sex
offender registration, the remaining household members may be served if
the veteran agrees to remove the sex offender from its household
composition. This requirement is necessary to ensure consistent policy
across HUD-VASH programs relating to providing assistance to registered
sex-offenders.
d. Annual income is used to determine program eligibility under
NAHASDA. Per PIH Notice 2011-15, veteran compensation for service-
connected disability or death under title 38 U.S.C. chapter 11, and
dependency and indemnity compensation for service-connected deaths
under title 38 U.S.C. chapter 13 are excluded from income. Refer to
NAHASDA Program Guidance 2013-05 for more information on calculating
income.
5. Written documentation of all referrals and eligibility screening
must be maintained in the veteran's file by the tribe/TDHE.
C. Awarding Housing Assistance to an Eligible Veteran
Once the tribe/TDHE performs all the activities listed above and
the Native American veteran is deemed eligible, the tribe must offer
rental housing assistance provided by this program to the participant.
Tenant-Based Rental Assistance must be provided with an initial search
term of 120 days from the date such assistance is offered. Project-
Based Rental Assistance must be offered in the form of the next
available project-based unit.
To ensure consistency with the standard HUD-VASH program and to
serve the maximum number of Native American veterans in need of housing
stability, tribes/TDHEs will not be allowed to deny assistance to an
otherwise eligible Native American veteran who has been referred by the
case manager on any grounds other than preferences based on tribal
membership in accordance with the tribe/TDHE's written admissions and
occupancy policies. Where a tribe/TDHE has adopted a tribal preference
policy on admissions and occupancy that provides that the tribe/TDHE
will provide assistance to a tribal member before members of other
Indian tribes, the tribe/TDHE may prioritize assistance under this
program to tribal members. If a tribe/TDHE has remaining grant funds
after serving its tribal members veterans, it must serve other referred
Native American veterans that are members of other Indian tribes until
all grant funds under this program have been fully spent and may not
refuse to provide such assistance. Tribes/TDHEs may adopt a tribal
preference policy specifically for this program. Tribes/TDHEs may not
deny admission to a referred and eligible Native American veteran
because of any factors or reasons, other than tribal preference, such
as criminal history (aside from sex offender status) or substance
abuse.
D. Record Keeping at Initial Occupancy
In addition to maintaining records of referral and eligibility
determination as required in paragraph B.5. above, a tribe/TDHE must
also collect, keep on file, and report, additional household
demographic, personal (including social security numbers), and rental
information using a HUD-50058 form revised for the Tribal HUD-VASH
program. This information also is required to be reported through an
electronic reporting system as prescribed by HUD. See ONAP Program
Guidance, ``Record Keeping at Initial Occupancy'' (No. 2016-05) for
further guidance on required record keeping.
At initial occupancy, tribes/TDHEs will need to collect Social
Security numbers (SSNs) for Homeless or At Risk of Homelessness
veterans and their household members. This information must be
maintained in the veteran's physical file. An original document issued
by a federal, state, or tribal government agency, which contains the
name of the individual and the SSN of the individual along with other
identifying information, is acceptable in accordance with the standards
in 24 CFR 5.216(g). In the case of the Homeless or At Risk of
Homelessness veteran, the tribe/TDHE must accept the Certificate of
Release or Discharge from Active Duty (DD-214) or the VA-verified
Application for Health Benefits (10-
[[Page 23716]]
10EZ) as verification of SSN, and cannot require the veteran to provide
a SSN card. These documents must also be accepted for proof-of-age
purposes in lieu of birth certificates or other tribe/TDHE-required
documentation. Please note that veterans are also issued photo
identification cards by the VA. If such identification is required by
the tribe/TDHE, these cards must be accepted by the tribe/TDHE in lieu
of another type of government-issued photo identification.
E. Case Management
As part of the VA Case Management duties, the veteran's case
manager will assist the veteran in locating appropriate housing for the
veteran. VA responsibilities for Case Management also include (1)
providing appropriate treatment, referrals, and supportive services to
the veteran, if needed, prior to tribe/TDHE issuance of rental
assistance; (2) identifying the social service and medical concerns of
the veteran and providing, or ensuring the provision of, regular
ongoing Case Management, outpatient health services, crisis
intervention, and other supportive services as needed throughout the
veteran's participation period; and (3) maintaining records and
providing information for evaluation purposes, as required by HUD and
the VA.
As a condition of receiving rental assistance under this program,
an eligible veteran must agree to receive the Case Management services
noted above. If a Tribal HUD-VASH case manager determines that a
veteran fails to participate without good cause in Case Management, the
participant's rental assistance may be terminated. However, a
determination by the case manager that the participant veteran no
longer requires Case Management is not grounds for termination of
assistance.
F. Local Housing Codes and Quality Standards
Once a unit is located or ready to be occupied by a veteran, the
tribe/TDHE must make a determination that the unit meets applicable
local housing codes and quality standards in accordance with section
207(a) (2) of NAHASDA.
G. Ineligible Housing
Under the 2015 Appropriations Act, assistance under this program is
limited to Native American veterans that are Homeless or At Risk of
Homelessness living on or near a reservation or other Indian areas.
Accordingly, tribes/TDHEs participating in this program must house
Native American veterans either on or near reservations, or within
NAHASDA-authorized Indian areas, with the exception of units developed
to house Homeless veterans on the grounds of a VA facility.
Assistance under this program may not be provided to Native
American veterans who will be residing in a housing unit that qualifies
as Formula Current Assisted Stock under the IHBG program. Refer to the
ONAP Program Guidance, ``IHBG in the Tribal HUD-VASH Program'' (No.
2018-01) for more information.
H. Rent
1. Due to the limited availability of housing stock on or near
reservations or in NAHASDA Indian Areas that is not developed, or has
been otherwise assisted, with NAHASDA funding, HUD has found it
necessary to establish alterative requirements regarding the maximum
rent for a unit assisted under NAHASDA. These alternative requirements
affect sections 203(a) of NAHASDA, and regulations at 24 CFR 1000.124,
and 1000.130, which limit the maximum rent that can be charged to 30
percent of a household's adjusted monthly income. The alternative
requirement allows a tribe/TDHE to determine rents by bedroom size
based on the local FMR, market conditions and/or unit operating costs.
Tribes/TDHEs must submit a justification as to how rent is determined
in their program application. For both, housing units owned or operated
by the tribe/TDHE, and privately-owned units, rents may not exceed 110
percent of FMR. If a tribe/TDHE deems it necessary to charge more than
110 percent of FMR (or to place a veteran in a privately-owned unit
with a rent that exceeds 110 percent of FMR), it must obtain HUD's
prior approval to do so. For example, a tribe/TDHE may find it
necessary to request such approval in order to address a request for a
reasonable accommodation for a person with disabilities or in instances
where rental market conditions render it difficult to find rent at 110
percent of FMR. HUD encourages tribes/TDHEs to establish rents at a
level that is less than 110 percent of the FMR, particularly in housing
that is owned or operated by the tribe/TDHE, to allow more Native
American veterans to receive assistance. These alternative requirements
do not apply to any other HUD-assisted housing that may be subject to
other rent restrictions.
2. Bedroom size must be determined based the number of family
members living in the household, not on the number of bedrooms in the
unit to be rented. Guidelines for determining unit size are one bedroom
for each two persons within the household, except:
a. Persons of the opposite sex (other than spouses, and children
under age 5) are not required to share a bedroom;
b. Persons of different generations are not required to share a
bedroom;
c. Live-in aides must be allocated a separate bedroom. No
additional bedrooms will be provided for the live-in aide's family; and
d. Single person families must be allocated zero or one bedroom.
Therefore, in situations where the available housing has more
bedrooms than necessary for the family size and composition, the rental
assistance payment must be limited to the number of bedrooms based on
the guidelines listed above. If a recipient chooses to ``over house'' a
Veteran family by placing the family in a larger unit than the family
requires under the above guidelines, the maximum amount of Tribal HUD-
VASH funds that can be used to house the Veteran family is the rent for
a unit sized in accordance with the guidelines, and in accordance with
Section VI., subsection H of this Notice. Any additional rental costs
due to over housing cannot be funded with Tribal HUD-VASH or regular
IHBG funds, but can be funded by other resources. In addition, Tribes/
TDHEs may want to consider shared housing arrangements in situations
where appropriate-sized housing is limited, but where individual
veterans could have a separate bedroom and share common areas.
I. Tenant Rent Contribution Payment
Eligible Native American veterans and their families will be
required to make a monthly tenant rent contribution payment that is no
more than 30 percent of their monthly adjusted income (as defined in
NAHASDA and implementing regulations). The tribe/TDHE will pay the
difference between the rent and the tenant rent contribution payment.
Consistent with 24 CFR 1000.132, the tribe/TDHE may determine if
utilities are included in the rent for the unit. The tribe/TDHE may
also make this determination when negotiating rental assistance payment
contracts with private owners of housing. Tribes/TDHEs may establish a
tenant rent contribution payment amount for a Native American veteran
that is less than 30 percent of monthly adjusted income. IHBG funds may
be used to cover any additional costs related to housing Native
American veterans and their families under this program.
J. Rental Assistance Payment Contract
A tribe/TDHE must enter into a contract with the owner of the
privately-owned rental housing units in which
[[Page 23717]]
the Native American veteran will reside. The contract will govern
rental assistance provided under this program to the owner by the
tribe/TDHE. Specific terms and conditions will be required. See ONAP
Program Guidance, ``Rental Assistance Payment (RAP) Contract
Requirements'' (No. 2016-04R) for further guidance on the required
contract contents.
K. Program Income
HUD has found it necessary to establish alternative requirements to
section 104(a) of NAHASDA, and 24 CFR 1000.62-1000.64, relating to
program income received by the tribe/TDHE under this program to ensure
program funds continue to be used to provide affordable housing to low-
income Native American families. Amounts paid to the tribe/TDHE to
cover the rental assistance payment of Native American veterans and
their families in tribe/TDHE-owned or operated housing; tenant rent
contribution payments collected under this program; and any other
income earned from the disbursement of grant funds, including income
earned on funds received from such payments; will be considered program
income, and must be spent on affordable housing activities, which will
be subject to the requirements of NAHASDA and any other applicable
Federal law. Notwithstanding Section 104(a) of NAHASDA, and 24 CFR
1000.62-1000.64, such income may not be spent on housing-related
activities, as that term is defined in 24 CFR 1000.10. HUD strongly
encourages tribes/TDHEs to use this program income to further provide
affordable housing assistance to Homeless or At Risk of Homelessness
Native American veterans eligible under this program first, before
providing assistance to other low-income Native American families.
Additionally, all such amounts must be tracked and reported in the
Federal Financial Report (SF-425) to ensure compliance with this
requirement.
L. Environmental Review
In accordance with the environmental requirements in 24 CFR
1000.20, the tribe/TDHE may not enter into a project-based rental
assistance contract or lease before completion of an environmental
review and either HUD approval of a Request for Release of Funds under
24 CFR part 58 or HUD approval of the property under 24 CFR part 50.
However, in accordance with 24 CFR 50.19(b)(11) and 24 CFR 58.35(b)(1),
tenant-based rental assistance is excluded from environmental review.
M. Administrative Fee and Reserve Accounts
HUD has found it necessary to establish alternative requirements to
section 101(h) of NAHASDA, and 24 CFR 1000.236-1000.239 to ensure that
administrative fees received under this program can pay for, and are
limited to, administrative and planning expenses related to this
program. Tribes/TDHEs participating in the program will receive a flat
administrative fee of $1,020 per unit, for a 12-month period, which can
also be used for start-up funding. These funds will be included as part
of the grant issued under this program.
A tribe/TDHE may use up to this amount for eligible administrative
and planning expenses related only to this Tribal HUD-VASH program.
These funds may not be used to pay for administrative and planning
expenses related to the tribe/TDHE's IHBG program or any other program.
If, after covering all administrative Tribal HUD-VASH expenses, there
is a residual administrative fee amount, these funds may be used to
provide additional rental assistance to Native American veterans and
their families under Tribal HUD-VASH.
Eligible administrative expenses include but are not limited to:
(1) Eligibility determinations; (2) intake and briefings; (3) owner
outreach efforts; (4) unit inspections; (5) rent negotiations; (6)
annual and interim reexaminations; (7) tenant fraud investigations and
hearings; (8) processing subsequent moves; (9) the costs associated
with making rental assistance payments to owners; and (10) complying
with reporting requirements.
HUD is waiving section 202(9) of NAHASDA and 24 CFR 1000.239
relating to reserve accounts established to accumulate amounts for
administration and planning. Given the need to ensure the timely
expenditure of funds under this program, and the limited scope of this
demonstration program, tribes/TDHEs may not draw down funds under this
program and deposit them in a reserve account to accumulate amounts for
administration and planning.
N. Interim and Annual Reexaminations
HUD has established alternative requirements to 24 CFR 1000.128(b)
relating to income reexamination requirements. HUD has found it
necessary to require interim reexaminations if a Native American
veteran's household income decreases so that the rental assistance
payment may increase to cover the cost of rent. Further, if the program
is given renewal authority, it will be necessary to conduct annual
reexaminations to capture annual fluctuations in income and rent as
well as track demographic data necessary for the reporting requirements
of the program.
Tribes/TDHEs must conduct an interim reexamination if the Native
American veteran's income decreases between annual certifications. If
there have been any changes in income, rent, or household composition
they must be reported using the relevant sections of the HUD-50058
Form. A paper copy of this information must be kept in the veteran's
file and be transmitted electronically to HUD at the time of the
interim reexamination.
In the event of renewal funding for the program, the tribes/TDHEs
must conduct an annual reexamination of the Native American veteran and
the household's income to determine rental assistance payments and
tenant rent contribution payments. Annual reexaminations must also
collect and update household demographic, personal and rental
information reported on the Tribal Family Report (HUD-50058 form). A
paper copy of this information must be kept in the veteran's file and
an electronic version of this information must be sent to HUD. Rental
information reported during the annual recertification will be used to
calculate renewal funding.
If, upon annual reexamination, a Native American veteran or his/her
household is determined to be over-income, the tribe can continue to
serve the Native American veteran/household and not have it count
towards its 10 percent over-income cap under 24 CFR 1000.110(c). If the
Native American veteran/household's adjusted rent contribution payment,
based on the income increase, is equal to the rent for the unit, then
the Tribal HUD-VASH rental assistance is no longer needed and this
assistance must be used on the next eligible Native American veteran.
In this instance, the over-income Native American veteran can continue
to receive Case Management services from the VA for as long as the VA
deems the care necessary.
O. Reporting Requirements
As required by Congress, tribes/TDHEs must submit demographic and
financial information generated by the Tribal HUD-VASH program. Grant
funds received under this program must be reported annually in a tribe/
TDHE's Indian Housing Plan and Annual Performance Report. Information
on grant funds and program income received under this program also must
be reported quarterly on the Federal
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Financial Report (SF-425). Tribes and TDHEs must fill out relevant
demographic and rental information on the HUD Form 50058 and keep a
physical record of this form. Additionally, tribes/TDHEs will be
required to transmit data from this form electronically on a monthly,
quarterly, or annual basis via a method provided by HUD. HUD encourages
tribes to make effective use of evidence in identifying or selecting
the practices and strategies for implementing HUD VASH. All tribes and
TDHEs must agree to cooperate in HUD-funded research and evaluation
studies.
P. Turnover of Tribal HUD-VASH Assistance
In accordance with the 2015 Appropriations Act, if the Tribal HUD-
VASH rental assistance is no longer needed by a Native American
veteran, this assistance must be issued to other eligible Native
American veterans as identified by a case manager and as described
further in this Notice.
Q. Termination of Assistance to Native American Veterans
Participating tribes and TDHEs must comply with requirements of
section 207 of NAHASDA on termination of assistance. In addition,
before determining whether to terminate assistance, tribes and TDHEs
must contact the case manager to determine if ongoing Case Management
services could mitigate the conditions that are leading to a potential
termination. Participating tribes and TDHEs are subject to Section 504
of the Rehabilitation Act and HUD's regulation at 24 CFR part 8, which
would include providing reasonable accommodations to individuals with
disabilities throughout the termination process.
R. Renewal Funding
Renewal funding under the Tribal HUD-VASH program is subject to the
availability of future appropriations. If appropriated, the process by
which existing Tribal HUD-VASH recipients may seek renewal funding will
be published annually in a PIH Notice. HUD will award renewal funds
based on the criteria specified in the appropriation language and
requirements issued in this Notice. If funding is not available, then
tribes/TDHEs should use their best efforts to allocate IHBG funds to
support Homeless or At Risk of Homelessness Native American veterans
and their families that are currently being assisted through Tribal
HUD-VASH programs.
S. Investment of Grant Funds
HUD is waiving section 204(b) of NAHASDA and 24 CFR 1000.58
relating to the investment of grant funds. Given the need to ensure the
timely expenditure of funds under this program, and the limited scope
of this demonstration program, tribes/TDHEs may not draw down funds
under this program to invest in securities or other obligations.
T. Reduction and Termination of HUD-VASH Grant Funds, Appeal of HUD
Determinations, and Reallocation of Grant Funds
Because of the urgent housing needs of Native American veterans and
their families, the relatively limited amount of funding under this
program, the limited scope of this demonstration program, and the need
to ensure the timely expenditure of funding, HUD finds it necessary for
the effective delivery and administration of assistance under this
program to waive Title IV of NAHASDA, and all implementing regulations
at 24 CFR part 1000 as they relate to termination, reduction and
limitation of assistance, and reallocation of such assistance to other
tribes/TDHEs under this program. HUD is establishing alternative
requirements to Title IV of NAHASDA, and relevant implementing
regulations 24 CFR part 1000.
To ensure compliance with program requirements, HUD will conduct
remote and on-site monitoring, as appropriate. After HUD has provided
sufficient warning and time to cure, HUD may find it necessary to
terminate, reduce, or limit the availability of the grant to a tribe/
TDHE for poor performance or substantial noncompliance with program
requirements. Poor performance, as determined by HUD may include
actions outside of the tribe/TDHE's responsibility such as lack of
adequate referrals or poor quality of supportive services provided by a
contracted case management entity, or other reasons. Poor performance
also includes an inadequate voucher utilization rate by the tribe or
TDHE. Substantial noncompliance with program requirements is
noncompliance that HUD determines: (1) Has a material effect on the
tribe/TDHE's Tribal HUD-VASH program; (2) represents a material pattern
or practice of activities constituting willful noncompliance with
program requirements, even if a single instance of noncompliance would
not be substantial; or (3) places the tribe/TDHE's Tribal HUD-VASH
program at substantial risk of fraud, waste, or abuse. HUD may also
terminate or reduce grant funds in situations where a tribe/TDHE is not
carrying out activities due to a lack of Homeless Native veterans who
need housing, or the recipient's failure to comply with its mitigation
plan.
If, after expiration of any applicable cure period, HUD determines
that a tribe/TDHE lacks Homeless Native veterans who need housing, is
performing poorly, or is in substantial noncompliance with program
requirements, HUD will provide written Notice to the tribe/TDHE
informing it of HUD's decision to terminate, reduce, or limit the
availability of the grant. If the tribe/TDHE disagrees with HUD's
determination, it may appeal that decision in writing to HUD within 30
days of receipt of HUD's written Notice. In such appeal, the tribe/TDHE
must demonstrate to HUD's satisfaction good cause to maintain its grant
under this program, including and, as applicable, demonstrate how it
will cure its noncompliance or improve its poor performance, within a
time period deemed acceptable by HUD. In situations where HUD
determines a tribe/TDHE is not carrying out activities due to a lack of
Homeless Native veterans, the tribe/TDHE must demonstrate to HUD's
satisfaction the level of Homeless Native veteran housing need that
corresponds to the assistance the tribe/TDHE is currently receiving. If
HUD denies the tribe/TDHE's appeal, it will provide written Notice of
the denial and its reason for the denial. The tribe/TDHE will have 30
days from the date of receipt of HUD's written Notice of denial to
submit a written request for reconsideration to HUD setting forth
justification for reconsideration. HUD will reconsider the tribe/TDHE's
submission and either affirm, modify, or reverse its initial decision
in writing and will set forth HUD's reasons for the decision.
Reconsideration will be conducted by an official other than the one who
decided the tribe/TDHE's appeal. If HUD affirms its initial decision on
reconsideration, HUD's decision will constitute final agency action.
HUD will not take any action to terminate, reduce, or limit a tribe/
TDHE's assistance until the tribe/TDHE has exhausted all of its appeal
and reconsideration rights.
If, after receiving Notice informing it of HUD's decision to
terminate, reduce, or limit the availability of assistance, the tribe/
TDHE fails to submit a timely appeal or request for reconsideration,
fails to demonstrate to HUD's satisfaction good cause to maintain its
grant funds under this program, or fails to cure its noncompliance or
poor performance within the time specified
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by HUD, HUD is authorized to terminate, reduce, or limit the
availability of the tribe/TDHE's grant funds under this program. HUD
may use its discretion to reallocate the grant funds resulting from
such reduction or termination, to any other tribe/TDHE that is in
compliance with program requirements and is not deemed to be a poor
performer, and that still has a need to house Homeless Native veterans.
Grant funds may be reallocated among tribe/TDHEs within the same ONAP
region, or among tribes/TDHEs in different ONAP regions, based on
administrative capacity, the utilization of previously awarded Tribal
HUD-VASH assistance, and current geographic need as determined by the
VA and HUD.
To the extent that any provision of Title VI of NAHASDA or any
implementing regulation at 24 CFR part 1000 conflicts with the appeal
process described above including, but not limited to, the opportunity
for an administrative hearing, the provisions of this Notice will
apply.
U. Nondiscrimination Requirements
The Tribal HUD-VASH program is administered in accordance with
applicable civil rights and fair housing laws and requirements. Tribes/
TDHEs shall be subject to all nondiscrimination requirements that are
applicable under NAHASDA and the IHBG regulations at 24 CFR part 1000
and in particular 24 CFR 1000.12
V. Electronic Submission Requirement
For the demonstration program, HUD waived the requirement to submit
applications for grant funding through www.grants.gov, as required in
24 CFR 5.1005. Considering the statutory deadline to publish the
October 21, 2015 Notice and begin the process of awarding funding, and
the limited amount of available funds under this program, HUD
determined that allowing the submission of paper applications was less
burdensome and allowed HUD to make awards in a timelier manner. Subject
to the availability of appropriations, applicants for this program
should submit applications in accordance with the requirements outlined
in any future Federal Register or Public and Indian Housing (PIH)
Notices issued by HUD.
VII. Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant
Impact is available for public inspection during regular business hours
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
Finding 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 Relay Service at
(800) 877-8339.
Dated: May 10, 2018.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2018-10909 Filed 5-21-18; 8:45 am]
BILLING CODE 4210-67-P
