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June 14, 2010
ACTION ALERT-ACT BY JUNE 21
Increase Access to HUD Homeless Assistance
Comment on the HEARTH Regulatory
Definition of Homelessness
ACTION REQUESTED: The National Coalition for the Homeless urges homeless people, advocates, service providers, and other concerned Americans to submit comments on HUD’s proposed rule on the HEARTH Act’s definition of homelessness to allow maximum eligibility for HUD homeless assistance. Comments on the proposed rule are due June 21, 2010.
ISSUE STATUS: In 2009, Congress enacted into law the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH Act). That law included a revised definition of the term “homeless” for purposes of determining eligibility for homeless assistance programs of the U.S. Department of Housing and Urban Development (HUD McKinney-Vento programs). The law also tasked HUD with writing a regulation to explain or elaborate the statutory definition.
HUD has issued a proposed rule (Docket No. FR-5333-P-01) to explain or elaborate the terms “homeless,” “homeless individual,” “homeless person,” and “homeless individual with a disability” as defined in the HEARTH Act. The proposed rule was published in the Federal Register on April 20, 2010 (75 FR 20541-20546). Comments on the proposed rule are due June 21, 2010.
NCH submitted comments on the proposed rule on June 14. Among its recommendations, NCH urged HUD to:
- Restore to the proposed regulatory definition of the term “homeless” the complete structure and verbiage of the statutory definition.
- Establish certification as the final step in the eligibility determination process.
- Elaborate the statutorily-prescribed additional eligibility criteria imposed on people meeting eligibility as homeless under other federal laws in a manner that includes in the HEARTH definition as many people considered homeless by other federal laws as possible.
- Restore statutory language establishing a route to eligibility for people experiencing dangerous and life-threatening conditions, and provide examples of such conditions.
- Make a declarative statement that the HEARTH Act statutory definition of the term “homeless” and its elaboration by HUD in regulation should not be construed to encompass the universe of living arrangements considered to be homeless.
- Remind recipients of HUD homeless assistance funds to utilize the statutory and regulatory definitions of the term “homeless” when administering programs and projects with HUD homeless assistance funds.
- Commit to prohibiting HUD regional offices from issuing additional “guidance” that further elaborates the definition of the term “homeless” beyond the meaning given that term by the final regulation.
- Develop electronic and print template certification instruments as a convenience for project sponsors to duplicate and use at their option.
INSTRUCTIONS:
- NCH urges homeless people, advocates, service providers, and other concerned Americans to submit comments on HUD’s proposed rule on the HEARTH Act’s definition of homelessness.
- HUD will receive comments on the proposed rule by electronic submission or by mail.
- HUD strongly encourages interested parties to submit comments electronically at http://www.regulations.gov. (When opening the website’s search feature, choose “view results by docket folder,” and hit “search.” Input “HUD” into the agency field. Check “proposed rules.” Check “comment period open.” The docket folder for the HEARTH definition proposed rule will be listed.” Click “comment” to file your comment.)
- Alternately, comments may be mailed to Regulations Division, Office of the General Counsel, Department of Housing and Urban Development, 451 7th St SW, Room 10276, Washington DC 20410-0500.
- Comments must refer to the docket number and the title of the rule. The Docket number is [Docket No. FR-5333-P-01] RIN 2506-AC26 and the title of the rule is: Homeless Emergency Assistance and Rapid Transition to Housing: Defining "Homeless."
- Comments are due Monday, June 21, 2010.
- NCH encourages parties making comments to reinforce NCH’s recommendations, summarized above.
ACTION RESOURCES:
FOR FURTHER INFORMATION: Bob Reeg, Public Policy Director, breeg@nationalhomeless.org or 202.265.7271.
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