HUD PIH Notice § 2013-15

                                                       U.S. Department of Housing and Urban Development
                                                           Office of Public and Indian Housing

Special Attention:                                                                      NOTICE PIH 2013-15 (HA)

Public Housing Agencies administering the
Housing Choice Voucher and/or Public                                                     Issued: June 10, 2013
Housing Programs; Public Housing Field Office
Directors                                                                                Expires: Effective until amended
                                                                                         superseded, or rescinded
                                                                                         Cross References:
                                                                                          PIH Notice 2012-34 (HA)

Subject: Guidance on housing individuals and families experiencing homelessness through
            the Public Housing and Housing Choice Voucher programs1

1. Applicability: This Notice applies to public housing agencies (PHAs) that administer the
   Public Housing and/or Housing Choice Voucher (HCV) programs.

2. Purpose: The purpose of this Notice is to provide strategies that PHAs can pursue to expand
   housing opportunities for individuals and families experiencing homelessness through the
   Public Housing and HCV programs. This Notice clarifies the definition of homelessness for
   the purpose of IMS/PIC reporting, and provides guidance on HUD policies and program
   regulations related to the following topics: waiting list management and preferences; admissions
   policies regarding criminal activity, substance use/abuse, and rental history; program
   termination and eviction policies; and project-basing vouchers for Permanent Supportive
   Housing (PSH).

3. Background: On June 22, 2010, the United States Interagency Council on Homelessness
   (USICH) presented the nation’s first comprehensive strategy to prevent and end homelessness
   titled, Opening Doors: Federal Strategic Plan to Prevent and End Homelessness (Opening
   Doors), to the Office of the President and Congress. Opening Doors is focused on four key
   goals:
            a. Finish the job of ending chronic homelessness by 2015;
            b. Prevent and end homelessness among Veterans by 2015;
            c. Prevent and end homelessness for families, youth, and children by 2020; and
            d. Set a path to ending all types of homelessness.
1
   Throughout this Notice, when referring to people experiencing homelessness, the term ‘individuals and families’ is used to indicate both
individual persons who are experiencing homelessness, as well as homeless families, which may include children. When referring to HCV or Public
Housing applicants or participants, the following terms are used intentionally based on their definition and the relevant statute, regulation or rule
being referenced: 1. Family – A person or group of persons with or without children approved by a PHA to reside in a unit with assistance under the
HCV or Public Housing program. The number of family members is used to calculate subsidies and payments. 2. Household – includes everyone who
lives in the unit, including foster children/adults and live-in aides. Household members are used to determine unit size.
   The Office of Public and Indian Housing (PIH) is committed to working with our PHA partners
   to expand opportunities for individuals and families to access quality affordable rental homes,
   thereby achieving HUD’s goal of utilizing housing as a platform for improving quality of life.
   PIH, in cooperation with the Office of Community Planning and Development (CPD) and
   USICH hosted two national convenings of PHAs and Continuums of Care (CoCs) titled,
   Opening Doors: Expanding PHA Opportunities to House People Experiencing Homelessness,
   one in Los Angeles on February 8, 2012, and the other in Washington, DC on May 24,
   2012. These convenings allowed participants to: share best practices; identify barriers that
   PHAs encounter in meeting the needs of this population; and allow PHAs and Continuums of
   Care to provide feedback and ask questions of HUD.

   This Notice builds on the lessons learned from the two convenings and seeks to provide
   guidance on issues related to serving individuals and families experiencing homelessness.

4. Reporting Homelessness in IMS/PIC: The HUD Form 50058 module in the IMS/PIC data
   system allows HUD to obtain information about participants in the Public Housing and HCV
   programs, including the homeless status of persons entering the program. The accuracy and
   reliability of this information is critical to tracking the collective progress in ending
   homelessness.

   Based on a review of PIC reporting on 4C (homeless at admission), many PHAs are not
   reporting in this field accurately, or are reporting “no” for all applicants, whether homeless or
   not. For all new admissions, PHAs must determine whether an individual or family was
   homeless at admissions. This information must be reported at question 4C on HUD Form
   50058. PHAs may need to verify that their IMS/PIC software is compliant with this reporting
   requirement. The following section provides guidance on how to determine whether an
   applicant is homeless at the time of admission, including questions that a PHA may ask an
   applicant in order to determine their homelessness status. For additional information on the
   Form 50058, please see the Form HUD 50058 Instruction Booklet at
   http://www.hud.gov/offices/adm/hudclips/forms/files/50058i.pdf

5. Definition of Homeless for the Purpose of Completing Question 4C on Form 50058: The
   definition of a homeless family currently provided in the Appendix of the Form HUD 50058
   Instruction Booklet reflects the original McKinney-Vento Homeless Assistance Act definition.
   The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH
   Act) revised the definition of homeless for HUD’s homeless assistance programs, and on
   December 5, 2011, HUD published its final rule implementing this definition. This rule applies
   specifically to the Emergency Solutions Grants program, the Shelter Plus Care program, the
   Supportive Housing program and was incorporated into the Continuum of Care (CoC) Program
   interim rule, which HUD published on July 31, 2012; however, PIH is adopting only a portion
   of this new definition to apply to question 4C of the Form 50058 as well. While the HUD
   regulations maintain four categories for defining people who are homeless, the PIH definition
   for IMS-PIC reporting (Form 50058) is narrowed to the following two categories:

       Category 1: An individual or family who lacks a fixed, regular, and adequate
       nighttime residence, meaning:

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                 a. An individual or family with a primary nighttime residence that is a public or
                    private place not designed for or ordinarily used as a regular sleeping
                    accommodation for human beings, including a car, park, abandoned building, bus
                    or train station, airport, or camping ground; or
                 b. An individual or family living in a supervised publicly or privately operated
                    shelter designated to provide temporary living arrangements (including
                    congregate shelters, transitional housing, and hotels and motels paid for by
                    charitable organizations or by federal, state, or local government programs for
                    low- income individuals); or
                 c. An individual who is exiting an institution where he or she resided for 90 days or
                    less and who resided in an emergency shelter or place not meant
                    for human habitation immediately before entering that institution;

        Category 4: Any individual or family who:
              i.  Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual
                  assault, stalking, or other dangerous or life-threatening conditions that relate to
                  violence against the individual or a family member, including a child, that has
                  either taken place within the individual’s or family’s primary nighttime residence
                  or has made the individual or family afraid to return to their primary nighttime
                  residence; and
             ii.  Has no other residence; and
            iii. Lacks the resources or support networks, e.g., family, friends, and faith- based or
                  other social networks, to obtain other permanent housing

    This definition shall be effective as of this Notice, and the Form HUD 50058 Instruction
    Booklet will be updated accordingly. Note: A PHA is permitted to adopt an alternative or
    narrower definition of homeless for the purpose of a waiting list preference based on local need.
    PHA’s that do this, however, will still be required to use the definition cited above for purposes
    of reporting homeless of new admissions on the Form HUD 50058.

    In order for PHAs to accurately report a new admission’s homelessness status on line 4c of the
    Form HUD 50058, the PHA may find the following list of questions helpful in determining the
    appropriate response. If the answer to any of the following questions is yes, the PHA would
    mark “Y” for yes in field 4C of the Form HUD 50058 (homeless at admission).

    1. Are you currently living in a car, on the street, or another place not meant for human
       habitation?
    2. Are you currently living in a an emergency shelter, transitional housing, Safe Haven2, or a
       hotel/motel paid for by a charitable organization or by federal, state or local government
       programs for low-income individuals?
    3. Are you exiting an institution, including a hospital, substance abuse or mental health
       treatment facility, or jail/prison, where you stayed for 90 days or less?If so, were you living
       in an emergency shelter or place not meant for human habitation immediately before
       entering that institution?
2
 A Safe Haven is a form of supportive housing that serves hard-to-reach homeless persons with severe mental illness
who are on the street and have been unable or unwilling to participate in housing or supportive services

                                                         3
   4. Are you fleeing or attempting to flee domestic violence, dating violence, sexual assault,
      stalking, or other dangerous or life threatening conditions for you or a family member,
      including a child, that has either taken place within your family’s primary nighttime
      residence or has made the you afraid to return to your primary nighttime residence? If yes,
      do you currently have nowhere else to live and also lack the resources or support networks,
      including family, friends, faith-based, or other social networks, to obtain other permanent
      housing?

   Example 1: A family that was evicted from the home they owned because they were no longer
   able to make the mortgage payments and is living in their car would qualify as homeless.

   Example 2: An individual that had previously lived in an emergency shelter and was admitted to
   the hospital for a 5-day stay would qualify as homeless.

   Example 3: An individual being released from prison after a 3-year incarceration would not
   qualify as homeless based on the length of incarceration.

   HUD does not require PHAs to collect documentation or third-party verification of any kind in
   order to verify an applicant’s homelessness status for purposes of reporting in 4C of the 50058.
   Verbal self-verification by the applicant that any of the above criteria are true is sufficient.
   However, in order to verify homelessness status for a preference, PHAs must follow the
   verification requirements they establish in their written policies.

6. Waiting List Management: PHAs’ waiting lists can be a barrier to individuals and families
   experiencing homelessness having access to the Public Housing and HCV programs. When
   waiting lists are long, an individual or family who lacks stable housing and reliable contact
   information may not be able to be reached when they come to the top of the waiting list or when
   waiting lists are purged, especially if it has been months or years after the application was
   submitted. Also, when PHAs reopen waiting lists for short periods of time, people experiencing
   homelessness can be left out of the application process due to a lack of information about the
   opportunity to apply.

   PHAs can take a variety of actions to allow homeless populations better access to their
   programs, including establishing a strong outreach strategy through service providers,
   strengthening their process for contacting applicants on their waiting list (e.g., contacting
   applicants via email or phone), establishing flexible intake and briefing schedules (e.g., provide
   a window of time for appointments), and establishing nondiscriminatory preferences in their
   admissions policies for persons experiencing homelessness, or a subset of such persons (e.g.,
   chronically homeless, homeless veterans, homeless identified as most vulnerable through
   community-based assessment strategies, etc.). All actions taken must be in compliance with all
   applicable fair housing and civil rights laws. See 24 CFR 5.105(a).

7. Homeless Admissions Preference: A PHA’s greatest tool for increasing program access for
   individuals and families experiencing homelessness is establishing a preference in their
   admissions policies. This section describes the criteria that may be considered when setting
   preferences based on local housing needs and priorities, as well as the process for establishing
   preferences.
                                                  4
      a) Assessing local housing needs. A PHA’s system of local preferences must be based
      on local housing needs and priorities by using generally accepted data sources and
      information obtained through the PHA Plan public comment process3. HUD encourages
      PHAs to work collaboratively with health care providers, social service providers,
      homeless services providers, Continuums of Care (CoCs), and local offices of
      government and community organizations to establish a system of preferences based on
      local housing needs collectively identified by the community. HUD recommends that a
      PHA’s local housing needs assessment specifically include people experiencing
      homelessness. For example, PHAs may look to their Community Plan to End
      Homelessness, Consolidated Plans, HIV/AIDs Housing Plan (if available) and/or data
      from their jurisdiction’s Continuum of Care (CoC) Homeless Management Information
      Systems (HMIS) and Point in Time (PIT) Counts to identify whether and to what extent
      there is need for a homeless preference.

      b) Applying and limiting preferences. PHAs may apply preferences for admission to
      the HCV, Project-based Voucher (PBV), and/or Public Housing programs, or to a
      particular public housing or project-based voucher development (or set number of units
      within a development). PHAs may limit the number of applicants that may qualify for a
      particular preference. PHAs must incorporate such a preference into their HCV program
      Administrative Plan and/or their Public Housing program Admission and Continued
      Occupancy Policy (ACOP). If adopting the preference constitutes a significant
      amendment to the PHA Plan as defined by the PHA, the PHA must comply with the
      amendment provisions of 24 CFR 903.21, including soliciting public comment and
      consulting with the resident advisory board.

      c) Opening waiting lists and public notice. All recipients of public housing or HCV
      assistance must be selected from the PHA’s waiting list(s). If a PHA does not have enough
      applicants on its waiting list who qualify for a preference, the PHA may open its waiting list
      strictly to people to whom the preference applies. When opening a waiting list, PHAs must give
      public notice. See Section 12 for more information on opening separate waiting lists for
      project-based voucher units.

      Any public notice announcing a waiting list opening and application procedure should be
      simple, direct, and clear but with sufficient detail to inform applicants of the processes through
      which they can apply, any limitations on who may apply, and any other information the
      applicant may need to successfully submit the application. The notification process, as well as
      the preferences themselves, must also comply with HUD fair housing requirements, such as
      adopting suitable means to assure that the notice reaches eligible individuals with disabilities
      and those with limited-English proficiency. HCV program regulations require the public notice
      to appear in a local newspaper of general circulation, minority media, and other suitable means
      (24 CFR 982.206).These practices are strongly encouraged in the Public Housing program.



3
    24 CFR 960.206(a)(1) for Public Housing and 24 CFR 982.207 (a)(2) for the HCV program.

                                                           5
   When trying to reach people experiencing homelessness to apply to the program(s), PHAs could
   consider reaching out to shelters, homeless service providers, agencies that work closely with
   people experiencing homelessness and homeless consumer advocacy groups to assist with
   advertising the opening of the waiting list, to seek referrals, and/or to provide assistance with
   application processes. The CoC Program interim rule requires Continuums of Care to establish
   and operate a centralized or coordinated assessment system that provides an initial,
   comprehensive assessment of the needs of individuals and families for housing and services
   with the intention of matching the homeless individual or family with the most appropriate
   resources. PHAs are strongly encouraged to participate in the coordinated assessment system
   that covers the PHA’s geographic location in order to establish a means for referrals once the
   coordinated assessment has been established.

   Once an adequate number of persons experiencing homelessness meeting the preference have
   been placed on the waiting list, the PHA may choose to close the waiting list. A PHA may
   leave the waiting list open only for the population qualified for the preference (i.e., continue to
   accept applications only from applicants that qualify for the preference) , while keeping it closed
   for all other applicants. HUD recommends the PHAs maintain up-to-date information on the
   PHA’s website as to whether the waiting list is open or closed, who may currently apply for
   assistance, and specific information regarding the application process.

   d) Identifying preference-qualified applicants currently on the waiting list. When adopting
   a new preference in the Public Housing program, PHAs must offer the opportunity for current
   applicants on the waiting list who qualify for the preference to receive the benefit of the
   preference and move up on the waiting list accordingly. This practice is strongly encouraged in
   the HCV program. The PHA should specify on any public notice of a waiting list opening that
   current waiting list applicants will also be given the benefit of the preference. The notice should
   also include any other information new applicants and current applicants on the waiting list will
   need to know about how to successfully apply and establish their preference status, including
   any partnering agencies with whom the PHA may be working to receive referrals or determine
   preference eligibility. PHAs and partnering referral agencies may consider sharing waiting list
   data in order to cross-check for eligible applicants, if allowed under applicable program
   requirements and privacy laws.

e) Limiting preferences to people referred by a partnering organization. PHAs may create a
preference or limited preference specifically for people who are referred by a partnering homeless
service organization or consortia of organizations (for example, an organization that refers people
transitioning out of a shelter, transitional housing program, or rapid re-housing program). The PHA
may not limit the source of referrals to an agency, organization, or consortia that denies its services
to members of any Federally protected class under fair housing laws, i.e., race, color, religion,
national origin, sex, disability, or familial status. See section 12 of this Notice for information on
preferences in the PBV program.

A PHA may also have a preference for individuals and families transitioning, or “moving up,” from
Permanent Supportive Housing (PSH) units. These are persons that were previously homeless prior
to entry into the PSH program but who no longer need that level of supportive services. While these
persons would not be considered homeless for reporting purposes on the Form HUD 50058,
creating such a “move up” preference will contribute significantly to the community’s overall
                                                   6
efforts to end homelessness by freeing up units for currently homeless families and individuals with
disabilities who need housing combined with services.


       Example of a homeless limited preference process: A PHA limits the number of families
       that qualify for a homeless preference to 100 families. The PHA administrative plan/ACOP
       clearly states the criteria to qualify for the preference, including any partnering service
       agencies from whom the PHA will be taking referrals, and whether the preference is
       restricted to those referrals. The PHA opens the waiting list and provides public notice, but
       restricts who can apply to those that meet the preference criteria. Once the PHA is serving
       100 families under the preference, and one family leaves the program, the next family on the
       waiting list who meets the preference criteria will be served. If there is no one on the waiting
       list that meets the preference criteria, the PHA would issue the voucher to the next family on
       the waiting list. The PHA reaches out to local partners for referrals, and the waiting list is
       kept open (or re-opened for applicants that qualify for the preference) in order to accept
       these new referrals. If the PHA has not limited the preference to only people referred by
       certain organizations or agencies, then the PHA also accepts applications from anyone who
       self-identifies as qualified to meet the preference criteria.


   f) Verifying preference eligibility. If a PHA adopts a preference or limited preference for
   people experiencing homelessness, or for a particular subset of this population, the PHA may
   require the individual or family to provide documentation to prove that they qualify for the
   preference, or may rely on a partnering homeless service organization (for example, the
   Continuum of Care designated collaborative applicant) to verify that the individual or family
   qualifies for the preference. When a PHA establishes a partnership for referrals from a
   homeless service organization, they may allow the partnering organization to verify the
   individual’s or family’s preference qualification, before the individual or family is referred to
   the PHA.

   g) Ensuring Fair Housing compliance. When adopting a preference or limited preference for
   people experiencing homelessness, and opening the waiting list only for families and individuals
   that qualify for the preference, a PHA must ensure that the preference would not have the
   purpose or effect of excluding other eligible families from the program on the basis of race,
   color, national origin, religion, sex, disability, or familial status, or would have the effect of
   creating, increasing, or perpetuating segregation. A PHA must ensure that the adoption of a
   homeless preference and the opening of the waiting list, including site-based waiting lists, only
   to homeless families and individuals that qualify for the preference is done in a manner that is
   consistent with all fair housing and civil rights laws and affirmatively furthers fair housing.

   h) Residency preference. PHAs that have a residency preference as allowed under the
   regulations at 24 CFR 960.206(b) and 24 CFR 982.207(b) may include in their definition of the
   term, “residence,” shelters and other dwelling places where homeless people may be living or
   sleeping. PHAs may also consider the circumstances leading to a family’s current dwelling
   place when defining residency for homeless applicants. For example, in some communities,
   there may be a lack of suitable shelters in the community covered by the PHA’s residency
   preference forcing the family or individual to seek shelter in another community. If an applicant
                                                  7
    family or individual is residing in a shelter located outside of the area covered by the PHA’s
    residency preference, the PHA may establish policies considering the applicant’s previous
    residency and circumstances. PHAs with a residency preference may need to change their
    definition of residency in their Administrative Plan and ACOP for the purpose of allowing such
    flexibility.
    For additional guidance related to waiting list administration, please see Notice PIH 2012-34
    Waiting List Administration.

8. Admissions Policies Regarding Criminal Activity, Substance Use/Abuse, and Rental
   History: Under federal laws and HUD regulations, there are certain policies for admission to a
   PHA’s HCV or Public Housing program which are mandatory for all PHAs, and other policies
   which the PHAs have authority/discretion to adopt, but are not required.

    The following is a complete list of statutorily mandated prohibitions of admissions regarding
    criminal activity and substance use/abuse to the HCV and PH programs:

         1. Lifetime sex offender registrant. A PHA must prohibit admission for any household
            that includes a person subject to a lifetime registration requirement under a State sex
            offender registration program.4

         2. Methamphetamine production in federally assisted housing. A PHA must prohibit
            admission if any household member has ever been convicted of drug-related criminal
            activity for manufacture or production of methamphetamine on the premises of federally
            assisted housing.5

         3. Within 3 years of federally assisted housing eviction for drug-related crime. A PHA
            must prohibit admission for three years from date of eviction if a household member has
            been evicted from federally assisted housing for drug-related criminal activity (the PHA
            may admit if the PHA determines the member successfully completed a supervised drug
            rehabilitation program approved by the PHA, or the circumstances leading to the
            eviction no longer exist).6

         4. Currently engaged in illegal drug use or threatening activity. A PHA must prohibit
            admission of households with a member who:
               a. The PHA determines is currently engaging in illegal use of a drug,7 or
               b. The PHA determines that it has reasonable cause to believe that a household
                   member’s illegal drug use, pattern of illegal drug use, abuse of alcohol, or pattern
                   of abuse of alcohol may threaten the health, safety, or right to peaceful
                   enjoyment of the premises by other residents.8

4
  42 U.S.C § 13663 (a); 24 CFR 982.553(a)(2)(i) for HCV, and 960.204(a)(4) for public housing
5
  42 U.S.C § 1437n (f)(1); 24 CFR 982.553(a)(1)(ii)(C) for HCV, and 960.204(a)(3) for public housing
6
  42 U.S.C § 13661 (a); 24 CFR 982.553(a)(1)(i) for HCV, and 960.204(a)(1) for public housing
7
  42 U.S.C § 13661 (b)(1); 24 CFR 982.553(a)(1)(ii)(A) for HCV, and 960.204(a)(2)(i) for public housing
8
  42 U.S.C § 13661 (b)(1); 24 CFR 982.553(a)(1)(ii)(B) and 24 CFR 982.553(a)(3) for HCV; 960.204(a)(2)(ii) and
960.204(b) for public housing

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     Where the HCV or public housing applicants’ conduct or activities falls outside the scope of the
     statutorily mandated prohibitions, PHAs have wide discretion whether to admit or deny
     admissions to these individuals. Unfortunately, PHAs’ discretionary admissions policies can
     sometimes be a barrier for vulnerable populations, including people who are homeless, to
     accessing the programs. For example, a PHA may have strict policies related to criminal
     backgrounds and previous rental housing history which can have the effect of screening out the
     most vulnerable people experiencing homelessness who are more likely to have past
     convictions, past evictions, or previous debts, due to a variety of reasons, including mental
     illness and substance use disorders.

     In June 2011, Secretary Donovan wrote a letter to PHAs9 across the country to encourage more
     flexible, reasonable admissions policies for people re-entering communities following
     incarceration. Incarceration and homelessness are highly interrelated as the difficulties in
     reintegrating into the community increase the risk of homelessness for released prisoners, and
     homelessness in turn increases the risk for subsequent re-incarceration. PHAs wishing to serve
     more people experiencing homelessness may consider amending their discretionary admissions
     policies regarding criminal activity and substance use/abuse to be more inclusive of vulnerable
     populations who may have criminal backgrounds or histories of incarceration. PHAs are
     encouraged to establish strong partnerships with homeless service providers to ensure that those
     vulnerable individuals and families admitted to the program are provided the services necessary
     to remain stably housed and compliant with the family obligations and other requirements of the
     program.

     A PHA wishing to serve more people experiencing homelessness may consider reviewing their
     discretionary admission policies to determine if any changes can be made to remove barriers. It
     is important to note that all discretionary admission (and program termination) policies must be
     applied to all applicants broadly. In other words, a PHA cannot have a certain set of
     admission/termination policies that apply specifically to a certain population, such as the
     homeless population, which are different than the admission/termination policies for all other
     applicants, unless there is express legal authority to do so (e.g. HUD-VASH program).
     Therefore, if a PHA is not comfortable or willing to revise its general discretionary policies, the
     PHA is strongly encouraged to consider relevant circumstances as described in Section 10 of
     this Notice.

9. Program Termination and Eviction Policies: Federal law and HUD regulations provide only
   limited instances where a PHA must terminate assistance or evict a family10. Outside of those
   limited instances, PHAs or owners may terminate program assistance or evict a family only for
   serious or repeated violations of material terms of the lease. Many of the policies for
   termination of assistance and eviction are in fact at the discretion of the PHA or owner. A PHA
   or owner’s discretionary policies for termination of assistance and eviction for lease violations is
   an important consideration in the effort to prevent homelessness.

9
 http://portal.hud.gov/hudportal/documents/huddoc?id=sohudreentryltr.pdf
10
  24 CFR 982.553(a)(2)(i), 24 CFR 982.553(b)(1)(ii) and 24 CFR.553(e) for HCV, and 24 CFR 960.204(a)(3) and
960.204(a)(4) for Public Housing

                                                          9
       HUD encourages PHAs to review their termination and eviction policies in light of their
       discretionary authority. HUD recommends that PHAs work with homeless service providers to
       establish discretionary termination and eviction policies best suited to the community and to
       develop partnerships that can implement effective eviction prevention strategies.

       Additionally, PHAs should be aware of protections for victims of domestic violence, dating
       violence, or stalking to ensure that they do not face eviction because of the lease violations of
       their abusers. 24 CFR 5.2005 (c) states that an incident of actual or threatened domestic
       violence, dating violence or stalking will not be construed as a serious or repeated violation of
       the lease by the victim or threatened victim of the domestic violence, dating violence, or
       stalking, or as good cause to terminate the tenancy or, occupancy rights of, or assistance to the
       victim.

       As mentioned in Section 7 of this Notice, PHAs are encouraged to establish strong partnerships
       with healthcare, supportive services, and homeless service providers to make services available
       to vulnerable individuals and families admitted to the program. PHAs are also strongly
       encouraged to consider relevant circumstances when considering the termination or eviction of
       any family, as described in Section 10 of this Notice.

10. Consideration of Circumstances Regarding Admissions and Terminations/Evictions: As
    discussed in Section 7 of this notice, a PHA cannot establish separate admissions/termination
    policies for a certain population, such as the homeless population, which are different from the
    admissions/termination policies for all other applicants, unless there is express legal authority to
    do so (e.g. HUD-VASH program). However, the public housing regulation at 24 C.F.R.
    960.203(a) (Standards for PHA tenant selection criteria) and the HCV program regulation at 24
    C.F.R. 982.552(c)(2) (Consideration of circumstances) imply that individual consideration of
    factors should be a basis for a PHA’s decision to deny or terminate assistance. For example, in
    the HCV program, in determining whether to deny admission or terminate assistance because of
    an action of a family member that would normally screen the family out or cause the family to
    lose their assistance, under the PHA’s policy, the following may be considered:

                   All relevant circumstances such as the seriousness of the case, the extent of
                    participation or culpability of individual family members, mitigating circumstances
                    related to the disability of a family member, and the effects of denial or termination
                    of assistance on other family members who were not involved in the action.11

                   The PHA may impose, as a condition of admittance or continued assistance for other
                    family members, a requirement that family members who participated in or were
                    culpable for the action will not reside in the unit. The PHA may permit the other
                    members of a participant family to receive or continue receiving assistance.12



11
     24 CFR 982.552(c)(2)(i) for HCV
12
     24 CFR 982.552(c)(2)(ii) for HCV, and 960.203(c)(3)(i) for public housing

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       In public housing, in the event of receipt of unfavorable information about an applicant,
       consideration must be given to the time, nature, and extent of the applicant’s conduct (including
       the seriousness of the offense). Consideration may be given to factors which might indicate a
       reasonable probability of favorable future conduct, including: evidence of rehabilitation, and
       applicant’s willingness to participate in social services.13

       For both the HCV and Public Housing program, in determining whether to deny admission or
       terminate assistance for illegal use of drugs or alcohol abuse by a household member who is no
       longer engaged in such behavior, the PHA may consider whether such household member is
       participating in or has successfully completed a supervised drug or alcohol rehabilitation
       program or has otherwise been rehabilitated successfully.14

       For both the HCV and Public Housing program, if the family includes a person with disabilities,
       the PHA decision regarding denial of admission or termination of assistance is subject to
       reasonable accommodation requirements in accordance with Section 504 of the Rehabilitation
       Act of 1973, the Fair Housing Act, Title II of the Americans with Disabilities Act, and their
       implementing regulations at 24 CFR part 8, 24 CFR part 100, and 28 CFR part 35, respectively.

11. Service Provider as a Resource in Continued Occupancy: Service providers are important
    resources in ensuring housing stability, including compliance with program and family
    obligations and other program requirements, for homeless individuals and families newly
    admitted to the program.

       PHAs may establish working relationships or consider service agreements with the service
       providers to provide greater access to services for tenants. The PHA may consider making
       available an empty office space or community space for the service provider to offer voluntary
       services to the residents.

12. Project-Based Vouchers: Under the HCV program, PHAs are allowed to project-base up to 20
    percent of their budget authority. Project-based vouchers (PBVs) are a useful tool in the
    development of affordable housing, because the guaranteed rental income provided by the
    vouchers helps to finance project operating costs and secure capital investments. PBVs are also
    important in the development of projects that pair services for people who are formerly
    homeless with housing assistance. PHAs looking to increase the supply of affordable housing
    for people experiencing homelessness or other low-income families may consider project-
    basing. PHAs interested in working with a homeless service provider to develop housing for
    people experiencing homelessness may also consider project-basing for this purpose.

       PHAs must select applicants for PBV units from the waiting list in accordance with the policies
       in the PHA administrative plan. The PHA may use a separate waiting list for its PBV units, or
       for PBV units in individual projects or buildings, or for sets of such units. The PHA may also
       adopt a different set of admissions preferences for each separate waiting list. A PHA that
       wishes to partner with a homeless service provider to project-base vouchers may consider

13
     24 CFR 960.203(d)
14
     42 U.S.C § 13661 (b)(2); 24 CFR 982.552(c)(2)(iii)

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creating a separate waiting list for this project and adopting a preference for people who are
homeless. PHAs may also adopt a preference for services offered for families with disabilities
that need services at a particular project. However, such a preference is limited to those
individuals and families with disabilities that significantly interfere with their ability to obtain
and maintain themselves in housing; who without appropriate supportive services, will not be
able to obtain or maintain themselves in housing; and for whom such services cannot be
provided in a non-segregated setting. See 24 CFR 983.251(d).

If a PHA opens a site-based waiting list for PBV units, all new applicants and families or
individuals currently on the PHA’s tenant-based waiting list must be provided with the option to
have their names placed on this list as well. As described in Notice PIH 2011-54, Guidance on
the Project-Based Voucher Program, PHAs do not have to notify each family on the tenant-
based waiting list by individual notice. A PHA could notify these applicants by the same means
it would use in opening its waiting list under 24 CFR 982.206(a), including advertising through
local and minority newspapers and the internet, posting at local post offices, libraries, and
community center, and outreach to social service organizations, such as homeless shelters.

Normally, PHAs may not provide project-based assistance to more than 25 percent of the
number of units (assisted or unassisted) in a project. See 24 CFR 983.56(a). However, a
PHA that makes units in a project available specifically to elderly or families with
disabilities or families receiving supportive services (“excepted units”) may exceed this
25 percent cap with these excepted units only. In these circumstances a PHA may place
project-based vouchers in up to 100 percent of the units in the project.
For units that are excepted because they are made available to elderly or disabled
families, the PHA may not require participation in any type of services as a condition of
tenancy, although services may be offered. For units that are excepted because they are
made available to families receiving supportive services, a PHA may not require
participation in medical or disability-related services other than drug and alcohol
treatment in the case of current abusers as a condition of living in an excepted unit;
however, other supportive services as defined by the PHA, including Family Self-
Sufficiency (FSS) services, may be required as a condition of tenancy. The PHA
Administrative Plan must describe the type of services offered to these families or
individuals for a project to qualify for the exception to the 25 percent cap and the extent
to which the services will be provided. See 24 CFR 983.56(b).

Note: PHAs are reminded that PBV projects with up to 100 percent of the units
committed to people with disabilities continue to be allowed under federal statute at 42
U.S.C. 1437(f)(o)(13)(D)(ii) and the HUD regulations cited above. On the services side,
policy direction related to health reform implementation, behavioral health care
integration, and state Olmstead planning will shape how services are defined, delivered,
and financed for different populations. HUD recommends that PHAs establish strong
relationships with state and county Medicaid authorities and health services agencies to
discuss how Medicaid services might work in different housing settings and for different
population groups going forward.

For more details related to Project-based Vouchers, please see Notice PIH 2011-54, Guidance
on the Project Based Voucher Program.
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13. Paperwork Reduction Act: The information collection requirements contained in this
    document have been submitted to the Office of Management and Budget (OMB) under the
    Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number
    2577-0083. In accordance with the Paperwork Reduction Act, HUD may not conduct or
    sponsor, and a person is not required to respond to, a collection of information unless the
    collection displays a currently valid OMB control number.

14. Information Contact: Inquiries about this Notice should be directed to Ryan Jones at
    Ryan.E.Jones@hud.gov for Public Housing or Amaris.Rodriguez@hud.gov for Housing
    Choice Vouchers.




                                                               /s/
                                          Sandra B. Henriquez, Assistant Secretary for
                                          Public and Indian Housing




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