HUD PIH Notice § 2021-15
Emergency Housing Vouchers-Operating Requirements (HUD PIH Notices)
HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing ProgramsOperative Text
HUD PIH Notice § 2021-15
_____________________________________________________________________________
Special Attention of: Notice PIH 2021-15 (HA)
Directors of HUD Regional and Field
Offices of Public Housing; Issued: May 5, 2021
Agencies that Administer the
Housing Choice Voucher Program Expires: This notice remains in effect until
amended, superseded, or rescinded.
______________________________________________________________________________
SUBJECT: Emergency Housing Vouchers – Operating Requirements
1. Purpose
This notice describes the process HUD is using to allocate approximately 70,000 emergency
housing vouchers (EHVs) to public housing agencies (PHAs).
These EHVs are to assist individuals and families1 who are experiencing homelessness; at
risk of experiencing homelessness; fleeing, or attempting to flee, domestic violence, dating
violence, sexual assault, stalking, or human trafficking; or were recently homeless and for
whom providing rental assistance will prevent the family’s homelessness or having high risk
of housing instability.
This notice also sets forth the operating requirements for the EHVs, including the
administrative fees and fees for other eligible expenses; the housing assistance payments
(HAP) funding renewal process; family eligibility requirements; EHV waivers, alternative
requirements, and special rules, including a requirement that families are offered housing
search assistance and that PHAs partner with the Continuum of Care (CoC) or other
homeless or victim services providers to assist qualifying families through a direct referral
process; the EHV recapture and redistribution procedures, and the prohibition on the
reissuance of turnover EHVs after September 30, 2023.
2. Background
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (P.L.
117-2, hereafter referred to in this notice as “the ARP”) into law, which provides over $1.9
1
While the ARP and the definitions of the qualifying categories specifically refer to “individuals and families,”
under the HCV program regulations at 24 CFR 982.4, the term “family” is a person or a group of persons, as
determined by the PHA consistent with 24 CFR 5.403, approved to reside in a unit with assistance under the
program. The term “family” used in EHV/HCV context always includes a family that is comprised of a single
individual as well as a group of persons.
trillion in relief to address the continued impact of the -COVID-19 pandemic on the
economy, public health, State and local governments, individuals, and businesses.
Section 3202 of the ARP appropriates $5 billion for new incremental EHVs, the renewal of
those EHVs, and fees for the cost of administering the EHVs and other eligible expenses
defined by notice to prevent, prepare, and respond to coronavirus to facilitate the leasing of
the emergency vouchers, such as security deposit assistance and other costs related to
retention and support of participating owners.2
Eligibility for these EHVs is limited to individuals and families who are (1) homeless; (2) at
risk of homelessness; (3) fleeing, or attempting to flee, domestic violence, dating violence,
sexual assault, stalking or human trafficking; or (4) recently homeless and for whom
providing rental assistance will prevent the family’s homelessness or having high risk of
housing instability. After September 30, 2023, a PHA may not reissue any previously leased
EHV, regardless of when the assistance for the formerly assisted family ends or ended.
EHVs are tenant-based rental assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)). The ARP further provides that HUD may waive any provision
of any statute or regulation used to administer the amounts made available under section
3202 (except for requirements related to fair housing, nondiscrimination, labor standards and
the environment) upon a finding that any such waivers or alternative requirements are
necessary to expedite or facilitate the use of amounts made available for the EHVs.
To facilitate and expedite leasing, PHAs that accept an allocation of EHVs will receive an
allocation of administrative fee funding for other eligible expenses defined by this notice that
are not normally eligible administrative expenses under the Housing Choice Voucher (HCV)
program, as well as administrative fees for the cost of administering EHVs. The
administrative fees and fees for EHV eligible expenses are described in detail in section 6 of
this notice.
EHV Housing Assistance Payment (HAP) funding (both the initial funding allocation and
subsequent renewals) and both forms of administrative fee funding have been appropriated
separate and apart from the regular HCV program appropriations provided through HUD’s
annual appropriations acts. The ARP limits the use of all EHV funding by time and purpose.
Consequently, ARP EHV funding HAP and administrative fee funding (including services
fees) covered by this notice may only be used for the EHVs and may not be for the PHA’s
regular HCVs or other special purpose vouchers (including Mainstream vouchers).
2
Under Section 3202, the $5 billion in appropriations may also be used for “adjustments in the calendar year 2021
section 8 renewal funding allocations, including mainstream vouchers, for public housing agencies that experience a
significant increase in voucher per-unit costs due to extraordinary circumstances or that, despite taking reasonable
cost savings measures, would otherwise be required to terminate rental assistance for families as a result of
insufficient funding.” Use of a portion of the $5 billion for that purpose will be covered under a separate notice.
2
3. PHA Eligibility
To be eligible to receive an EHV funding allocation, a PHA must currently administer the
HCV program through an existing Consolidated Annual Contributions Contract (CACC)
with HUD. Non-profit agencies that only administer HCV Mainstream vouchers are not
eligible to receive an EHV allocation.
4. EHV Allocation Formula
HUD’s allocation formula is designed to direct emergency vouchers to the PHAs operating in
areas where the EHV’s eligible populations have the greatest need while also taking into
account PHA capacity and the requirement to ensure geographic diversity, including rural
areas.
The following data and indicators were used to develop the statutorily mandated allocation
formula:
a. Comparative homeless and at-risk of homelessness need
In developing an allocation formula based on comparative need, HUD focused on
“homeless need” and “at-risk of homelessness need.” These measures also serve as a
proxy for relative need regarding the eligibility categories that includes those fleeing or
attempting to flee domestic violence, dating violence, sexual assault, stalking, or human
trafficking3; as well as recently homeless families for whom providing rental assistance
will prevent the family’s homelessness or having a high risk of housing instability.
HUD is defining homeless need as the total count of persons experiencing
homelessness (whether sheltered or unsheltered). HUD is using January 2020
Continuum of Care (CoC) Point-in-Time (PIT) homeless data for this measure. HUD
does not generally use PIT homeless data to allocate funds. However, as was the case
when HUD allocated Emergency Solutions Grant (ESG)-CV2 funding4, HUD is using
PIT homeless data to allocate these emergency vouchers to PHAs as expeditiously as
possible.
For at-risk of homelessness need, HUD used special tabulation data from the American
Community Survey (ACS 2013-17) on rental households with incomes less than 30
3
The 2018 Part 2 Annual Homeless Assessment Report (AHAR) notes that it is difficult to count the full extent that
individuals are fleeing domestic and other violence, but based on bed capacity, we expect a substantial portion of
those in the homeless data are in fact homeless because of domestic violence: “Based on the bed counts in the 2018
HIC, 12 percent of the emergency shelter, safe haven, and transitional housing beds for people currently
experiencing homelessness were intended for survivors of domestic violence (DV). A smaller share, 6 percent, of all
the beds available year-round in the homeless services system (including beds in permanent housing programs) were
targeted to domestic violence survivors. Approximately 16 percent of all DV beds were in permanent housing
programs.” https://www.huduser.gov/portal/sites/default/files/pdf/2018-AHAR-Part-2.pdf
4
https://www.hud.gov/sites/dfiles/CPD/documents/ESG_CARES_Act_Round_2_Allocation_Methodology_rev.pdf
3
percent of Area Median Income (AMI).5 HUD used data sets on those households living
in overcrowded units (1.01 or more persons per room) and/or without complete kitchen or
plumbing (referred to below as “At-risk Category 1”); and for those households that in
addition to meeting the income and housing condition criteria are also severely rent
burdened (paying more than half their income for rent) (referred to below as “At-risk
Category 2”).
To construct need measures for PHAs, HUD had to convert data to the county level. ACS
at-risk of homelessness data are available at the county level. However, the PIT
homeless data are available at the Continuums of Care geographies that can vary from a
place within a county to being multiple counties. HUD allocated the PIT homeless data
to the county level using a county-to-CoC crosswalk based on the renter share in each
county with income less than 30 percent of AMI and then used it to determine
comparative homeless and at-risk of homelessness need at a county-by-county level.
To allocate the PIT homeless data and the ACS at-risk of homelessness data to PHAs,
each PHA was allocated these need variables based on their December 2020 share of
voucher leasing in each county. For example, if a PHA’s share of currently served
voucher tenants in a county is 20 percent, they would be allocated 20 percent of the need
for that county. Their total need is the sum of their county allocated need across all
counties in which they have active voucher tenants.
b. Ensuring geographic diversity including with respect to rural areas
As discussed above, HUD’s allocation formula is primarily driven by relative EHV
eligibility need under the assumption that a PHA with an operating area that includes a
higher number of homeless or at-risk of homelessness people should receive a larger
allocation share than a PHA with relatively few homeless or at-risk of homelessness
individuals and families in its operating area. However, PHAs serving rural areas might
have a relatively low absolute number of such individuals and families due to the low
population of the area in general, but nonetheless have a high rate of homeless and at-risk
individuals and families as a percentage of that general population. To address these
circumstances, HUD’s allocation formula also identifies PHAs that operate in areas
which have high rates of homelessness or at-risk of homelessness (among all PHAs, those
with a rate of need in the top quartile for any of the three need variables – homeless
persons, At-risk Category 1, and At-risk Category 2), even if the overall number of those
individuals and families is comparatively low when compared to the rest of the country.
The formula ensures that at least one PHA operating in each area with these high
homeless or at-risk of homelessness rates will receive an EHV allocation.
5
The McKinney-Vento definition of “at-risk” homelessness for households specifies that they have incomes of less
than 30 percent of Area Median Income in addition to one or more other characteristic that puts them at risk for
homelessness.
4
c. Public housing agency capacity
The HUD allocation formula considers two factors when determining the PHA’s capacity
to implement this program effectively and quickly. The first is how many vouchers an
agency currently administers within each county. As discussed above, the more vouchers
a PHA administers in a county relative to other PHAs with jurisdiction in that same
county, the greater the share of the homeless/at-risk of homelessness need within the
county that will be potentially allocated to that PHA.
The second factor is the PHA’s estimated leasing potential, as measured by the PHA’s
current number of unleased vouchers and its available budget authority to lease those
vouchers (over and above voucher turnover) in its existing HCV program. PHAs with
HCV programs that are fully leased or almost fully leased are assumed to have the
operational capacity to take on a new allocation of vouchers, specifically an allocation
targeted for traditionally hard-to-house homeless and at-risk of homelessness populations.
In contrast, PHAs that will simultaneously need to put significant attention and effort into
leasing a significant number of unused vouchers that are already part of the PHA’s HCV
program are assumed to have less capacity to administer the EHVs.
HUD calculates leasing potential using the PHA’s actual leasing and cost data reported
by the PHA in the Voucher Management System (VMS) and all the budget authority
available to the PHA for the calendar year (including reserves). HUD projects PHA
spending for the future months based on VMS information (e.g., vouchers that have been
issued to families that are currently engaged in their housing search, per unit cost (PUC)
trends, etc.) and then estimates the number of vouchers the PHA could potentially lease,
factoring in the need for the PHA to maintain a reasonable reserve. Once the need from
each county is assigned to a PHA consistent with paragraphs (a) and (b) above, that need
is then adjusted based on a PHA’s current leasing potential for their existing HCV
program.
Leasing potential for the initial 39 MTW agencies is calculated in the following manner.
The Planned Number of MTW HCV Households Served, as stated in an MTW PHA’s
FY2020 Annual MTW Plan, is the total number of households that the MTW PHA
planned to serve through the full Plan Year. This total is compared to VMS data from the
last month of the MTW PHA’s Fiscal Year 2020 (e.g., for an MTW PHA with a Fiscal
Year 2020 that spans January 1, 2020 – December 31, 2020, December 2020 VMS data is
used). Based on an MTW PHA’s agreed upon baseline worksheet for the MTW
statutory requirement of Serving Substantially the Same (STS) number of families as it
otherwise would have absent MTW designation, certain Special Purpose Vouchers
(SPVs) may have also been included in the leasing calculation if applicable to an MTW
PHA’s specific STS compliance documents.
The total number of MTW voucher units in VMS is then divided by the Planned Number
of MTW HCV Households Served as stated in an agency’s FY 2020 Annual MTW Plan,
to arrive at a leasing percentage that determines if an agency has met its stated goal for
5
housing MTW voucher households for FY2020. MTW PHAs that have achieved less
than 95 percent of their Planned Number of MTW HCV Households Served will have the
allocation adjusted downward in proportion to the extent that it is below 95 percent.
Finally, with further respect to capacity, HUD may determine a PHA, including an MTW
PHA, lacks capacity to administer EHVs based on unresolved outstanding civil rights
violations or major program management findings from an Inspector General audit, HUD
management review, or Independent Public Accountant (IPA) audit for the PHA’s HCV
program, or other significant program compliance issues that were not resolved, or in the
process of being resolved, as determined by HUD.
d. Base formula structure
All PHAs will be assigned a base formula allocation, which is estimated using a dual
formula structure that provides the highest allocation of vouchers for a PHA based on one
of these formulas:
Formula A. Homeless Need Adjusted for PHA Capacity
The estimated Homeless Need as described in paragraph (a) assigned to a PHA
reduced by the PHA’s leasing potential divided by total Homeless Need less
national leasing potential multiplied by the number of EHVs available to be
allocated.
Formula B. At-risk of Homelessness Need Adjusted for PHA Capacity
At-risk Category 1 assigned to a PHA reduced by a PHA’s leasing potential
divided by all PHA At-risk Category 1 less national leasing potential multiplied by
50 percent of EHVs available to be allocated plus
At-risk category 2 assigned to a PHA reduced by a PHA’s leasing potential
divided by all PHA At-risk category 2 less national leasing potential multiplied by
50 percent of EHVs available to be allocated.
The formula compares the allocation the PHA would receive under each formula and
uses the formula allocation that allocates the highest number of EHVs to the PHA. That
assigned voucher allocation is then subject to a pro-rata reduction so that the total number
of EHVs that will be allocated to all PHAs is equal to the 70,000 vouchers available to be
allocated.
e. Minimum allocation size and rural area adjustments
HUD generally considers 25 vouchers to be the necessary minimum allocation size for a
PHA to implement a targeted voucher program that has unique rules and alternative
requirements. Accordingly, the basic allocation formula requires that the PHA must
qualify for a minimum of 25 vouchers in order to receive an allocation with the following
exception. As discussed earlier, the formula makes adjustments with respect to this
minimum size in order to ensure high need rural areas are represented. For areas (county
6
or group of counties) with high rates of homelessness or at-risk of homelessness
populations, at least one PHA will receive an allocation of EHVs, even if no PHA met the
minimum 25 voucher requirement. The PHA that is primarily operating in the high need
area and to which the formula would allocate the largest allocation of EHVs will be
allocated the greater of (1) the number of vouchers it received under the base formula or
(2) 15 EHVs.
Each state has a base allocation, which is the total number of EHVs allocated to each
PHA in the state under the base formula allocation in paragraph d. The minimum size
allocation requirement and the rural high need adjustments may, however, cause the base
allocation of some states to change. To restore the state base allocation (and to maintain
the national total of 70,000 EHVs), the formula makes one final pro-rata adjustment. If
there are not enough “below the minimum” vouchers (EHVs not allocated because they
were part of an allocation that was less than 25 vouchers) within the state necessary to
make up for the rural high need adjustments (where PHAs received additional vouchers
to reach the 15-voucher minimum), each PHA will always receive its minimum size
allocation. The minimum allocation size is 25 vouchers in most cases but will be 24 to
15 vouchers for PHAs that received the rural high need adjustment.
If on the other hand there are more vouchers available for the state because of the number
of “below the minimum” vouchers exceeded the number of vouchers needed to make the
rural high need adjustments, the formula makes the following adjustment. First, the
number of vouchers available for reallocation is reduced proportionate across all of this
subgroup of states to support the vouchers allocated above the state base amounts
described in the paragraph above.
Next, for the remaining vouchers, for states where there is a state agency that administers
the HCV program, the state agency will receive the additional vouchers because the state
agency is likely to be able to operate in those rural areas of the state that did not get an
allocation because they did not qualify as a high need area. For states without a state
agency administering the HCV program, HUD will prorate the excess “below the
minimum” vouchers to all PHAs in the state that qualified for an EHV allocation based
on their share of allocated vouchers above the high need rural area 15-voucher minimum.
HUD will reallocate any vouchers within the state that become available because PHAs
declined their initial EHV allocation using the same approach described above, that is,
allocating to state agencies if a state has a state agency or pro-rata within the state if it
does not.
5. Invitation/Acceptance Process
Once HUD has determined the EHV allocation in accordance with section 4 above, HUD
will notify eligible PHAs of the number of EHVs allocated to the PHA no later than May 10,
2021.
7
The notification will specify the number of vouchers allocated to the PHA in accordance with
the allocation formula and will provide specific instructions regarding how the PHA may
either accept or decline the allocation. While PHAs are encouraged to accept the entire EHV
allocation, the PHA may choose to accept a lower number of vouchers than the number
offered by HUD in the notification, but not less than the minimum allocation of 25 or 15
EHVs, as applicable.
HUD may subsequently contact PHAs to ask them to accept or decline the offer of additional
EHVs if additional EHVs become available because other PHAs declined their allocation.
PHAs are encouraged to respond to HUD’s notification as soon as possible but must provide
their acceptance of the allocation (or a portion of the allocation) and the terms and conditions
of the program no later than 14 calendar days following HUD’s notification.6
6. Administrative Fees and Funding for Other Eligible Expenses
The ARP provides funding for fees for the costs of administering the EHVs and other eligible
expenses defined by notice to prevent, prepare for and respond to coronavirus to facilitate the
leasing of the emergency housing vouchers, such as security deposit assistance and other
costs related to retention and support of participating owners.
PHAs will be allocated administrative fee funding for EHV administrative costs and for other
eligible expenses described in this notice. These fees may only be used for EHV
administration and other eligible expenses and must not be used for or applied to other PHA
programs or vouchers (e.g., regular HCVs, Mainstream vouchers, etc.). As is the case with
Mainstream vouchers, the PHA must maintain separate financial records from its regular
HCV funding for all EHV funding, both HAP and administrative fee amounts. Please see
section 15 below for more information on the use of funds, reporting, and financial records.
PHAs will be allocated administrative fees as follows:
a. Preliminary Fee. PHAs will receive a single, one-time preliminary fee of $400 per EHV
allocated to the PHA once the PHA’s CACC is amended to reflect the EHV funding
obligation. This fee amount will support the anticipated immediate start-up costs that the
PHA will incur in implementing the EHV alternative requirements, such as the outreach
to and coordination with the CoC7 and other potential partnering agencies and planning
and development. This fee may be used for any eligible administrative expenses related
to the EHVs. This fee may also be used to pay for any of the eligible activities under the
EHV services fee (see paragraph d below).
b. Placement Fee /Expedited Issuance Reporting Fee. This fee amount will support
initial lease-up costs as well as the added cost and effort required to expedite the leasing
6
PHAs are not required to have the memorandum of understanding (MOU) in place with the CoC at the time they
accept the allocation. PHAs that agree to accept an allocation must enter into an MOU with a partnering CoC within
30 days of the effective date of the ACC funding increment for the EHVs. See section 9.b below.
7
Please see the description of the CoC and its partnership role in referring families to the PHA in section 9.b below.
8
of the EHVs. Initial lease-up costs are expected to include the PHA’s costs to establish
and refine the direct referral process with its partners and to expedite income
determinations, family briefings, and voucher issuance. It also supports the PHA’s costs
to report the issuance of the EHV to HUD ahead of the normally applicable reporting
deadlines, which will allow HUD access to EHV issuance data in as timely a manner as
possible.
PHAs will receive $100 for each EHV that is initially leased upon the effective leasing
date of that voucher if the PHA reported the voucher issuance date8 in the Public Housing
Information Center-Next Generation (PIC-NG) system within 14 days of the later of the
voucher issuance date or the date when the system becomes available for reporting. (See
Section 15 for additional information on reporting requirements.)
PHAs will receive an additional placement fee of $500 for each EHV family placed under
a HAP contract that is effective no later than four months after the effective date of the
ACC funding increment for that EHV, or $250 for each EHV family placed under a HAP
contract with an effective date that is after 4 months but no later than six months after the
effective date of the ACC funding increment for that EHV.9 This bifurcated fee structure
is based on the anticipated extra costs the PHA will experience in its efforts to expedite
the leasing of the EHVs and the expectation that those costs should start to diminish as
the PHA gains more experience operating the EHV program and resolving leasing
challenges for EHV families.
In cases where the PHA received more than one EHV allocation and the funding
increments have different dates, HUD will determine the PHA’s eligibility for the
placement fee based on the effective date of the PHA’s initial increment. EHVs from the
initial increment are expected to be issued and leased first for purposes of calculating the
placement fee. Once the number of EHVs under lease equals the total number of
vouchers allocated under the initial increment, HUD will use the effective date of the
PHA’s subsequent allocation to determine the PHA’s eligibility for the $500 or $250
placement fee.
For example, if the PHA reported the voucher issuance within 14 days and leased the
voucher within the four-month window, the PHA would receive $600 as the total
placement and expedited issuance fee. If the PHA reported the voucher issuance within
14 days and leased the voucher within the six-month window, the PHA would receive
$350. If the PHA reported the voucher issuance within 14 days but did not lease the
voucher until after the six-month window had passed, the PHA would receive $100. The
PHA does not receive the fee if the issued voucher is never leased.
8
The “voucher issuance date” is the actual date the voucher is issued to the family, line 2 on the Voucher (form
HUD-52646).
9
For example, if the funding increment for the family’s EHV is June 1, 2021, the HAP contract must have an
effective date of no later than October 1, 2021, for the PHA to earn the $500 placement fee, or no later than
December 1, 2021, for the PHA to earn the $250 placement fee.
9
The placement/expedited issuance reporting fee is only applicable to the initial time the
voucher is leased by the PHA. The placement/expedited issuance reporting fee is not
paid for subsequent lease-ups (e.g., the family moves to another unit or the EHV
participant leaves the program and the voucher is reissued to another family prior to the
prohibition on reissuance of turnover vouchers after September 30, 2023).
This placement fee may be used for any eligible administrative expenses related to the
EHVs. This fee may also be used to pay for any of the eligible activities under the EHV
services fee (see paragraph d below).
c. On-going Administrative Fee. The on-going administrative fee for EHVs is calculated
in the same manner as the on-going administrative fee that the PHA receives for its
regular HCV program. PHAs will be allocated the full Column A administrative fee
amount for each EHV that is under HAP contract as of the first day of each month. The
Column A administrative fee rates for the HCV program are available on HUD’s website
and may be accessed at the following:
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv
As the ARP appropriations for the EHVs are obligated to PHAs and expended by PHAs
on program purposes over time, HUD may be required to prorate the EHV ongoing
administrative fee calculations in future years, based on available EHV funding.
Similar to the regular HCV administrative fee process, HUD will make the EHV ongoing
administrative fees available to PHAs each month based on actual leasing reported by the
PHA for prior months. HUD will reconcile the PHA’s EHVs administrative fees on a
periodic basis and at the end of each calendar year (commencing with CY 2022). HUD
recognizes that prior month EHV leasing data will not be available during the early stages
of the PHA’s EHV program. For each of the first three months following the ACC
funding increment effective date, HUD will advance the PHA ongoing administrative
fees equal to the amount of ongoing administrative fees the PHA would receive for that
month if all EHVs allocated to the PHA were fully leased so that the PHA also has
ongoing administrative fees available to meet the initial costs of EHV administration.
The advanced ongoing administrative fees will be taken into account when HUD first
reconciles the PHA’s EHV administrative fees.
EHV ongoing administrative fees may be used for any eligible administrative expenses
related to the EHVs. These fees may also be used to pay for any of the eligible activities
under the EHV services fee (see paragraph d below).
d. Services Fee. A PHA will be allocated a one-time services fee to support its efforts in
implementing and operating an effective EHV services program that will best address the
needs of EHV eligible individuals and families in its jurisdiction. This fee will be
allocated to the PHA once the PHA’s CACC is amended to reflect the EHV funding
obligation. The amount allocated to each PHA will be equal to $3,500 for each EHV
allocated to the PHA. Note that the services fee amount is not tied to each voucher, but
instead is the combined total of the services fees are available to the PHA to design a
10
menu of services that will best address the leasing challenges faced by the EHV eligible
families in the PHA’s community. The PHA may use the services fee to provide any or
all of the defined eligible uses to assist families to successfully lease units with the EHVs.
The PHA is strongly encouraged to consult with its CoC and its other homeless
services/victim services referral partners in establishing which activities it will undertake
in support of EHVs and any parameters or requirements regarding the application of
those activities. For example, if the PHA is working with several direct referral partners
and one partner is able to provide security deposit assistance and the other is not, the
PHA may provide security deposit assistance for direct referral families from the latter
agency but not for families who are already eligible for and receiving security deposit
assistance from the partnering agency. The PHA may limit the amount of assistance that
it provides for any of the eligible uses and place other restrictions on those uses.
However, the services fee funding must be initially used for these defined eligible uses
and not for other administrative expenses of the EHV. Service fee funding may never be
used for the HCV program.
The eligible uses implemented by the PHA and the parameters/requirements established
by the PHA must be described in the PHA’s administrative plan. Any services fee
assistance that is returned to the PHA after its initial or subsequent use (such as security
deposits/utility deposits/other assistance that may be wholly or partly returned to the PHA
by the owner/utility supplier/family) may only be applied to the eligible services fee uses
defined by this notice (or subsequent notice) or other EHV administrative costs. Any
amounts not expended for these eligible uses when the PHA’s EHV program ends must
be remitted to HUD.
The eligible uses are designed to prevent and respond to coronavirus by facilitating the
leasing of the EHVs, which will provide vulnerable individuals and families a much safer
housing environment to minimize the risk of coronavirus exposure or spread. Individuals
and families who are homeless or at-risk of homelessness are often living in conditions
that significantly increase the risk of exposure to coronavirus in addition to other health
risks.
The services fees fall into four main components comprised of specific activities:
i. Housing Search Assistance.
As discussed in section 9.d below, the PHA is required to ensure housing search
assistance is made available to EHV families during their initial housing search. The
PHA may use the services fee funding to provide this required housing search
assistance to EHV families during their initial housing search. Housing search
assistance is a broad term which may include many activities such as but not limited
to helping a family identify and visit potentially available units during their housing
search, helping to find a unit that meets the household’s disability-related needs,
providing transportation and directions, assisting with the completion of rental
applications and PHA forms, and helping to expedite the EHV leasing process for
11
the family. For specific information on the EHV housing search assistance
requirement, please refer to section 9.d.
ii. Security Deposit/Utility Deposit/Rental Application/Holding Fee Uses.
A. Application fees/non-refundable administrative or processing
fees10/refundable application deposit assistance. The PHA may choose to
assist the family with some or all these expenses.
B. Holding fees. In some markets, it is not uncommon for an owner to request a
holding fee that is rolled into the security deposit after an application is
accepted but before a lease is signed. The PHA may cover part or all of the
holding fee for units where the fee is required by the owner after a tenant’s
application has been accepted but before the lease signing. The PHA and
owner must agree how the holding fee gets rolled into the deposit, and under
what conditions the fee will be returned. In general, owners need to accept
responsibility for making needed repairs to a unit required by the initial
housing quality standards (HQS) inspections and can only keep the holding
fee if the client is at fault for not entering into a lease.
C. Security deposit assistance. The PHA may provide security deposit
assistance for the family. The amount of the security deposit assistance may
not exceed the lesser of two months’ rent to owner, the maximum security
deposit allowed under applicable state and/or local law, or the actual security
deposit required by the owner. The PHA may choose to pay the security
deposit assistance directly to the owner or may pay the assistance to the
family, provided the PHA verifies the family paid the security deposit. The
PHA may place conditions on the security deposit assistance, such as
requiring the owner or family to return the security deposit assistance to the
PHA at the end of the family’s tenancy (less any amounts retained by the
owner in accordance with the lease). Security deposit assistance returned to
the PHA must be used for either services fee eligible uses or other EHV
administrative costs.
D. Utility deposit assistance/utility arrears. The PHA may provide utility
deposit assistance for some or all of the family’s utility deposit expenses.
Assistance can be provided for deposits (including connection fees) required
for the utilities to be supplied by the tenant under the lease. The PHA may
choose to pay the utility deposit assistance directly to the utility company or
may pay the assistance to the family, provided the PHA verifies the family
paid the utility deposit. The PHA may place conditions on the utility deposit
assistance, such as requiring the utility supplier or family to return the utility
10
In some markets, non-refundable administrative fees are becoming more common as states pass laws limiting
application fees, or as an alternative to refundable deposits.
12
deposit assistance to the PHA at such time the deposit is returned by the utility
supplier (less any amounts retained by the utility supplier). In addition, some
families may have large balances with gas, electric, water, sewer, or trash
companies that will make it difficult if not impossible to establish services for
tenant-supplied utilities. The PHA may also provide the family with
assistance to help address these utility arrears to facilitate leasing. Utility
deposit assistance that is returned to the PHA must be used for either services
fee eligible uses or other EHV administrative costs.
iii. Owner-related uses.
A. Owner recruitment and outreach. The PHA may use the service fee
funding to conduct owner recruitment and outreach specifically for EHVs. In
addition to traditional owner recruitment and outreach, activities may include
conducting pre-inspections (see section 9.l below) or otherwise expediting the
inspection process, providing enhanced customer service, and offering owner
incentive and/or retention payments (see paragraph B that follows below).
B. Owner incentive and/or retention payments. The PHA may make incentive
or retention payments to owners that agree to initially lease their unit to an
EHV family and/or renew the lease of an EHV family. The PHA may design
the owner incentive payment to meet its specific needs (such as, for example,
limiting the incentive payments to new owners or owners in high opportunity
neighborhoods, or structuring all or part of the payment as a damages or
unpaid rent mitigation fund, where the owner receives the mitigation payment
only if the security deposit is insufficient to cover damages and other amounts
owed under the lease). The PHA may condition the offer of the owner
incentive payment on the owner’s agreement to abide by certain terms and
conditions. For example, the PHA could require the owner to agree to contact
and work with the family’s CoC case manager or other intervention services
(assuming such services are available) should lease violations or other tenant-
related issues arise during the assisted tenancy before taking action to evict the
tenant.
HUD anticipates that owner incentive/retention payments would typically be
made as a single payment at the beginning of the assisted lease term (or lease
renewal if a retention payment). However, regardless of the frequency that
the PHA chooses to make such payments, owner incentive/retentions
payments are not housing assistance payments and are not part of the rent to
owner. Owner incentive/retention payments are not taken into consideration
when determining whether the rent for the unit is reasonable.
iv. Other eligible uses.
A. Moving expenses (including move-in fees and deposits). The PHA may
provide assistance for some or all of the family’s reasonable moving expenses
13
when they initially lease a unit with the EHV. The PHA may not provide
moving expenses assistance for subsequent moves unless the family is
required to move for reasons other than something the family did or failed to
do (e.g., the PHA is terminating the HAP contract because the owner did not
fulfill the owner responsibilities under the HAP contract or the owner is
refusing to offer the family the opportunity to enter a new lease after the initial
lease term, as opposed to the family choosing to terminate the tenancy in order
to move to another unit), or a family has to move due to domestic violence,
dating violence, sexual assault, or stalking, for example.
B. Tenant-readiness services. The PHA may use the services fee funding to
help create customized plans to address or mitigate barriers that individual
families may face in renting a unit with an EHV, such as negative credit, lack
of credit, negative rental or utility history, or to connect the family to other
community resources (including COVID-related resources) that can assist
with rental arrears.
C. Essential household items. The PHA may use the services fee funding to
assist the family with some or all of the costs of acquiring essential household
items as defined by the PHA (e.g., tableware, bedding, etc.).
D. Renter’s insurance if required by the lease. The PHA may use the services
fee funding to assist the family with some or all of the cost of renter’s
insurance, but only in cases where the purchase of renter’s insurance is a
condition of the lease.
7. Housing Assistance Payments (HAP) Funding
ARP funding obligated to the PHA as HAP funding may only be used for eligible EHV HAP
expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV
administrative expenses or for the eligible uses under the EHV services fee.
EHV HAP funding amounts will be calculated as follows:
a. Initial funding allocation
Upon the PHA’s acceptance of the EHV allocation in accordance with section 5 above
and the requirements of the allocation notification, HUD will amend the PHA’s CACC to
reflect the obligation of the EHV funding and the associated units for the initial funding
term of those vouchers.
The initial funding term will expire on December 31, 2022.
The initial funding increment for the EHV allocation will be based on the PHA’s per unit
cost (PUC) for the PHA’s HCV program, adjusted for inflation and taking into
consideration that the initial term is longer than 12 months. However, if during the initial
term a PHA can demonstrate based on actual leasing and costs that the HAP funding will
14
be insufficient to cover its actual HAP costs for the EHVs for the initial term, the PHA
may request that HUD adjust the initial funding increment amount for the EHVs during
the initial funding term. If the PHA has demonstrated the need to do so, HUD will adjust
the initial funding amount based on the actual costs incurred upon request by the PHA to
ensure the PHA has sufficient funding during the initial funding term to lease all of its
EHVs and pay its EHV HAP costs through December 31, 2022. If the PHA believes that
it needs an adjustment, it should contact its financial analyst in HUD’s Office of Housing
Voucher Programs Financial Management Center (FMC).
b. Renewal funding process
HUD will provide renewal funding to the PHA for the EHVs on a calendar year basis
commencing with CY 2023. The renewal funding allocation will be based on the PHA’s
actual EHV HAP costs and leasing, similar in many respects to the renewal process for
the regular HCV program. However, renewal funding for the EHVs is not part of the
annual HCV renewal funding formula nor are the funds for EHV renewals appropriated
in HUD’s annual appropriations Acts. EHVs are renewed separately from the regular
HCV program (similar to Mainstream vouchers). All renewal funding for the duration of
the EHV program has already been appropriated as part of the $5 billion provided by the
ARP. No additional EHV HAP renewal appropriations are anticipated at this time.
The process for determining the PHA’s EHV renewal funding for CY 2023 and
subsequent calendar years is described below. Note that PHAs may receive an estimated
renewal amount for the first few months of the calendar year until their final renewal
eligibility is determined for the calendar year.
(1) The HAP funding baseline is established based on the PHA’s actual EHV leasing and
cost data for the previous calendar year.
(2) The Renewal Funding Inflation Factor (RFIF) used in the HCV program, adjusted for
localities, will be applied to the PHA’s EHV HAP funding baseline described above.
The RFIFs are published by HUD’s Office of Policy, Development and Research
(PD&R) and can be found at https://www.huduser.gov/portal/datasets/rfif/rfif.html.
(3) HUD will review the PHA’s EHV Restricted Net Position (RNP), including amounts
held by HUD, for the PHA’s EHVs. HUD may adjust the CY renewal allocation
based on the calculated year end EHV RNP and HUD Held Reserves. Starting with
the CY 2024 renewal allocations, HUD will also take into consideration the number
of EHVs that have turned over and cannot be reissued because of the statutory
prohibition on reissuance of turnover vouchers after September 30, 2023. HUD will
further adjust the renewal allocation based on the number of vouchers that are being
reallocated to other PHAs due to the PHA’s failure to lease its authorized vouchers as
described in section 14 below.
HUD will consider the number of vouchers that have not yet been leased and if the
number of EHVs leased increased throughout the baseline CY. If the renewal
15
allocation and the PHA’s EHV RNP and HUD Held Reserves are insufficient to
account for the increased leasing or expected increased leasing, HUD will adjust the
renewal funding allocation accordingly.
(4) Adjustments to the PHA’s EHV renewal allocation may also be made during the HCV
renewal funding calendar year. Subject to availability of the remaining funds, HUD
will adjust renewal allocations upon request by the PHA for (1) EHV per-unit cost
increases for unforeseen circumstances that occurred within or after the
benchmarking period which the PHA could not reasonably have anticipated
and were out of the PHA’s control, and (2) a PHA that would otherwise be required
to terminate participating EHV families from the program due to insufficient funds,
despite taking reasonable cost savings measures as determined by HUD,.
(5) When the remaining EHV HAP renewal funding is no longer sufficient to fully fund
all PHAs’ EHV renewal funding eligibility, HUD will prorate EHV renewal funding
allocations. To determine the proration factor for the EHV renewal allocation, HUD
will calculate the total HAP renewal funding eligibility for all PHAs still
administering EHVs and compare that amount to the remaining available EHV HAP
renewal funds. This proration factor is then applied to each PHA’s EHV HAP
renewal eligibility to determine the EHV renewal allocations.
HUD will provide the PHA with detailed information on its EHV renewal calculations and
the process by which PHAs may request renewal funding allocation adjustments during the
covered renewal period.
8. Individual and Family Eligibility under the Qualifying Categories
In order to be eligible for an EHV, an individual or family must meet one of four eligibility
categories:
Homeless
At risk of homelessness
Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault,
stalking, or human trafficking
Recently homeless and for whom providing rental assistance will prevent the
family’s homelessness or having high risk of housing instability.
In general, the verification that the individual or family meets one of these four eligibility
categories is conducted by the CoC or another partnering agency that makes direct referrals
to the PHA. The CoC or other direct referral partner must provide supporting documentation
to the PHA of the referring agency’s verification that the family meets one of the four
eligible categories for EHV assistance.
The following definitions always apply with respect to EHV eligibility, regardless of whether
the PHA may have established another definition for any of these terms in its PHA
administrative plan.
16
a. Individuals and families who are homeless
The meaning of “homeless” is as such term is defined in section 103(a) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302(a)), which is codified in HUD’s
Continuum of Care Program regulations at 24 CFR 578.3 and reads as follows:
Homeless means:
(1) An individual or family who lacks a fixed, regular, and adequate nighttime
residence, meaning:
(i) An individual or family with a primary nighttime residence that is a
public or private place not designed for or ordinarily used as a regular
sleeping accommodation for human beings, including a car, park,
abandoned building, bus or train station, airport, or camping ground;
(ii) An individual or family living in a supervised publicly or privately
operated shelter designated to provide temporary living arrangements
(including 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
(iii) 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.
(2) An individual or family who will imminently lose their primary nighttime
residence, provided that:
(i) The primary nighttime residence will be lost within 14 days of the date
of application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support networks, e.g.,
family, friends, faith-based or other social networks, needed to obtain
other permanent housing.
(3) Unaccompanied youth under 25 years of age, or families with children and
youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under section 387 of the Runaway and
Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act
(42 U.S.C. 9832), section 41403 of the Violence Against Women Act of
1994 (42 U.S.C. 14043e-2), section 330(h) of the Public Health Service
Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42
17
U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a);
(ii) Have not had a lease, ownership interest, or occupancy agreement in
permanent housing at any time during the 60 days immediately preceding
the date of application for homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or
more during the 60-day period immediately preceding the date of applying
for homeless assistance; and
(iv) Can be expected to continue in such status for an extended period of
time because of chronic disabilities; chronic physical health or mental
health conditions; substance addiction; histories of domestic violence or
childhood abuse (including neglect); the presence of a child or youth with
a disability; or two or more barriers to employment, which include the
lack of a high school degree or General Education Development (GED),
illiteracy, low English proficiency, a history of incarceration or detention
for criminal activity, and a history of unstable employment.
b. Individuals or families who are at-risk of homelessness
The meaning of “at-risk of homelessness” is as such term is defined in section 401(1) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)), which is codified
in HUD’s Continuum of Care Program regulations at 24 CFR 578.3 and reads as follows:
At risk of homelessness. (1) An individual or family who:
(i) Has an annual income below 30 percent of median family income
for the area, as determined by HUD;
(ii) Does not have sufficient resources or support networks, e.g.,
family, friends, faith-based or other social networks, immediately
available to prevent them from moving to an emergency shelter or
another place described in paragraph (1) of the “Homeless”
definition above; and
(iii) Meets one of the following conditions:
(A) Has moved because of economic reasons two or more times
during the 60 days immediately preceding the application for
homelessness prevention assistance;
(B) Is living in the home of another because of economic hardship;
(C) Has been notified in writing that their right to occupy their
18
current housing or living situation will be terminated within 21
days of the date of application for assistance;
(D) Lives in a hotel or motel and the cost of the hotel or motel stay
is not paid by charitable organizations or by federal, State, or
local government programs for low-income individuals;
(E) Lives in a single-room occupancy or efficiency apartment unit
in which there reside more than two persons, or lives in a
larger housing unit in which there reside more than 1.5 people
per room, as defined by the U.S. Census Bureau;
(F) Is exiting a publicly funded institution, or system of care (such
as a health-care facility, a mental health facility, foster care or
other youth facility, or correction program or institution); or
(G) Otherwise lives in housing that has characteristics associated
with instability and an increased risk of homelessness, as
identified in the recipient's approved consolidated plan.
(2) A child or youth who does not qualify as “homeless” under this section, but
qualifies as “homeless” under section 387(3) of the Runaway and Homeless
Youth Act (42 U.S.C. 5732a(3)), section 637(11) of the Head Start Act (42 U.S.C.
9832(11)), section 41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6)), section 330(h)(5)(A) of the Public Health Service Act (42
U.S.C. 254b(h)(5)(A)), section 3(m) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(m)), or section 17(b)(15) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(b)(15)); or
(3) A child or youth who does not qualify as “homeless” under this section, but
qualifies as “homeless” under section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)), and the parent(s) or guardian(s) of that
child or youth if living with her or him.
c. Individuals or families who are fleeing, or attempting to flee, domestic violence,
dating violence, sexual assault, stalking or human trafficking
This category is composed of any individual or family who is fleeing, or is attempting to
flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking.
This includes cases where a HUD-assisted tenant reasonably believes that there is a threat
of imminent harm from further violence if they remain within the same dwelling unit, or
in the case of sexual assault, the HUD-assisted tenant reasonably believes there is a threat
of imminent harm from further violence if they remain within the same dwelling unit that
they are currently occupying, or the sexual assault occurred on the premise during the 90-
day period preceding the date of the request for transfer.
19
Domestic violence includes felony or misdemeanor crimes of violence committed by:
a. a current or former spouse or intimate partner of the victim (the term “spouse or
intimate partner of the victim” includes a person who is or has been in a social
relationship of a romantic or intimate nature with the victim, as determined by the
length of the relationship, the type of the relationship, and the frequency of
interaction between the persons involved in the relationship),
b. a person with whom the victim shares a child in common,
c. a person who is cohabitating with or has cohabitated with the victim as a spouse
or intimate partner,
d. a person similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies, or
e. any other person against an adult or youth victim who is protected from that
person's acts under the domestic or family violence laws of the jurisdiction.
Dating violence means violence committed by a person:
a. Who is or has been in a social relationship of a romantic or intimate nature with
the victim; and
b. Where the existence of such a relationship shall be determined based on a
consideration of the following factors:
1. The length of the relationship;
2. The type of relationship; and
3. The frequency of interaction between the persons involved in the relationship.
Sexual assault means any nonconsensual sexual act proscribed by Federal, Tribal, or
State law, including when the victim lacks capacity to consent.
Stalking means engaging in a course of conduct directed at a specific person that would
cause a reasonable person to:
(1) Fear for the person’s individual safety or the safety of others; or
(2) Suffer substantial emotional distress.
Human trafficking includes both sex and labor trafficking, as outlined in the Trafficking
Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7102). These are
defined as:
Sex trafficking means the recruitment, harboring, transportation, provision,
obtaining, patronizing, or soliciting of a person for the purpose of a commercial
sex act, in which the commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not attained 18 years of
20
age; (and)
Labor trafficking means the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
d. Individuals or families who are recently homeless
This category is composed of individuals and families determined by the CoC or its
designee to meet the following definition.
Recently homeless is defined as individuals and families who have previously been
classified by a member agency of the CoC as homeless but are not currently homeless as
a result of homeless assistance (financial assistance or services), temporary rental
assistance or some type of other assistance, and where the CoC or its designee determines
that the loss of such assistance would result in a return to homelessness or the family
having a high risk of housing instability. Examples of households that may be defined as
recently homeless by the CoC include, but are not limited to, participants in rapid
rehousing, and permanent supportive housing.
Individuals and families classified as recently homeless must be referred by the CoC or
its designee.
9. Waivers and Alternative Requirements.
The Secretary may waive or specify alternative requirements for any provision of the United
States Housing Act of 1937 or regulation applicable to such statute other than requirements
related to fair housing, nondiscrimination, labor standards, and the environment, upon a
finding that the waiver or alternative requirement is necessary to expedite or facilitate the use
of EHV funding.
EHVs are tenant-based vouchers under Section 8(o) of the United States Housing Act of
1937. Unless expressly waived below, all statutory and regulatory requirements and HUD
directives regarding the HCV program are applicable to EHVs, including the use of all HUD-
required contracts and other forms. The administrative policies adopted in the PHA’s written
administrative plan apply to the EHVs vouchers unless such local policy conflicts with the
requirements of the ARP, the requirements of this notice, or the waivers and alternative
requirements outlined below.
These waivers and alternative requirements have been determined by the Secretary to be
necessary to expedite and facilitate the use of the EHV funding. These waivers or alternative
requirements are exceptions to the normal HCV requirements, which otherwise apply to the
administration of the EHVs.
21
HUD may waive and/or establish alternative requirements for additional statutory and
regulatory provisions by subsequent notice. A PHA may request additional good cause
regulatory waivers in connection with the use of the EHVs, which HUD will consider and
assess upon the request of the PHA.
a. COVID-19 waivers (waivers authorized for the regular HCV program under the
CARES Act)
The Coronavirus Aid, Relief and Economic Security (CARES) Act (Public Law 116-136)
provides HUD with broad authority to waive or establish alternative requirements for
numerous statutory and regulatory requirements for the HCV program. However, the
CARES Act waiver authority does not cover EHV funding appropriated by the ARP.
HUD recognizes that the challenges the COVID-19 pandemic has created for the regular
HCV program will likewise apply to the administration of the EHVs. Consequently,
HUD is exercising its waiver authority under the ARP to provide some of the same menu
of HCV-applicable CARES Act waivers to PHAs for administration of the EHV
assistance. The use of these COVID-19-related EHV waivers is at the discretion of the
individual PHA. A PHA may choose to apply all, some, or none of the waivers to the
EHV assistance.
Unlike the other ARP waivers provided through this notice, these EHV COVID-19
waivers have limited periods of availability that currently match the same periods of
availability for the CARES Act waivers. The period of availability for these EHV
COVID-19 waivers/alternative requirements, collectively or individually, may be further
extended by PIH notice should HUD determine that such similar extension is necessary
for the CARES Act waivers, or if HUD otherwise determines it necessary to further
extend these waivers for the EHVs. PHAs that implement these waivers are not required
to keep the waiver/alternative requirement in-place for the full period of availability
(including any extension) but may at any time choose to revert to regular program
requirements and operations.
Attachment 1 of this notice provides the list of COVID-19 related waivers that the PHA
may apply to the EHV. PHAs should refer to Notice PIH 2021-14 or its successor
notice(s) for detailed information on the individual waivers listed in Attachment 1.
b. Required partnerships with the CoC and other organizations for direct referrals
and services
EHVs are one of several resources that communities can use to house individuals and
families who are experiencing homelessness or have unstable housing. To ensure that the
EHVs assist families who are most in need, PHAs are required to work with community
partners to determine the best use and targeting for the vouchers along with other
resources available in the community.
22
HUD’s CoC program is authorized by subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381-11389). The program is designed to promote
communitywide commitment to the goal of ending homelessness; provide funding for
efforts by nonprofit providers, States, and local governments to quickly rehouse homeless
individuals (including unaccompanied youth) and families, while minimizing the trauma
and dislocation caused to homeless individuals, families, and communities by
homelessness; promote access to and effective utilization of mainstream programs by
homeless individuals and families; and optimize self-sufficiency among individuals and
families experiencing homelessness.
The CoC is organized to carry out the responsibilities required under the program and is
composed of representatives of organizations, including nonprofit homeless providers,
victim service providers, faith-based organizations, governments, businesses, advocates,
public housing agencies, school districts, social service providers, mental health agencies,
hospitals, universities, affordable housing developers, law enforcement, organizations
that serve homeless and formerly homeless veterans, and homeless and formerly
homeless persons to the extent these groups are represented within the geographic area
and are available to participate.
Provisions in the CoC Program Interim Rule at 24 CFR § 578.7(a)(8) require that CoCs
establish a Coordinated Entry (CE) System. The CE System is a centralized or
coordinated process designed to coordinate program participant intake assessment and
provision of referrals. A centralized or coordinated assessment system covers the
geographic area of the CoC, is easily accessed by individuals and families seeking
housing or services, is well advertised, and includes a comprehensive and standardized
assessment tool.
HUD is establishing an alternative requirement under which the PHA must enter into a
Memorandum of Understanding (MOU) with the CoC to establish a partnership for the
administration of the EHVs. The primary responsibility of the CoC under the MOU is to
make direct referrals of qualifying individuals and families to the PHA (see section 9.c
below). Partner CoCs are responsible for determining whether the family qualifies under
one of the four eligibility categories for EHVs. Additionally, CoCs are encouraged to
offer or make connections to supportive services for families that are referred to the PHA,
including, but not limited to, short- or long-term case management, collecting necessary
verifications to support referrals, housing counseling, housing search assistance and
utility deposit assistance.11 HUD recommends CoCs and PHAs seek a diverse range of
supportive services by partnering with organizations trusted by people experiencing
homelessness. The specific services that the CoCs will provide to individuals or families
referred for the EHV program must be outlined in the MOU with the CoC.
11
PHAs may use services fee funding for housing search assistance and utility deposit services, but if such services
are already available through the CoC, the services fee funding should be directed to other uses that are not available
through the CoC. It is important that the PHA collaborate with the CoC and any other partnering agencies in
designing its menu of uses for the services fee funding.
23
PHAs that agree to accept an allocation must enter into an MOU with a partnering CoC
within 30 days of the effective date of the ACC funding increment for the EHVs.
The MOU is a complete statement of the responsibilities of the parties and evidence of a
commitment of resources to the EHV program. The MOU may be subsequently amended
to add or change the services that the CoC may provide but must always retain the direct
referral responsibility of the CoC. A sample MOU template is included in Attachment 2
of this notice.
The MOU must include at a minimum:
1. The PHA’s and CoC’s commitment to administering the EHVs in partnership.
2. The goals and standards of success in administering the EHVs.
3. The staff position for each organization that will serve as the lead EHV liaison.
4. A statement that all parties agree to cooperate with any program evaluation efforts
undertaken by HUD, or a HUD-approved contractor, including compliance with HUD
evaluation protocols and data sharing requests.
5. The specific population eligible for the EHV assistance that will be referred to the
PHA by the CoC or other partnering referral agency.
6. The services, including financial assistance, that will be provided to assist EHV
applicants and participants and who will provide them.
7. The roles and responsibilities of the PHA and CoC, including but not limited to the
CoC making direct referrals of families to the PHA through the CE system.
A PHA that experiences difficulty in identifying a CoC partner, or where the CoC may be
unwilling or reluctant to enter the MOU due to capacity issues or other concerns, or
where the PHA is worried about its ability to fulfill this requirement within the required
deadline despite a good-faith effort, is encouraged to contact HUD as promptly as
possible for assistance. HUD or its Technical Assistance (TA) provider will work with
the PHA to help facilitate a partnership, which may include using a partnering referral
agency other than the CoC. In rare circumstances HUD may waive the partnership/direct
referral requirement for the PHA for an interim period if such a step is necessary while
building capacity at the CoC or other potential partnering referral agency. Information on
EHV technical assistance and how to request it will be provided by HUD during the EHV
webinar to be conducted after issuance of this notice.
c. Admissions process - Direct referrals from the CoC and other partnering
organizations
PHAs must accept referrals for EHVs directly from the CE System. Accepting direct
referrals from the CE System will help ensure families are able to get assistance quickly
and eliminate the administrative burden on the PHA regarding the determination as to
whether the family meets the definition of a qualifying individual or family for EHV
assistance. CoC partners may also support applicants through the application process and
attend meetings with applicants and PHAs to aid individuals and families through the
admissions process. Direct referrals for EHVs are not added to the PHA’s regular HCV
24
waiting list.
In general, EHV families are issued EHVs as the result of either:
(1) the direct referral process from the CoC CE System and/or other partnering
organizations, or
(2) a situation where the PHA makes an EHV available in order to facilitate an
emergency transfer in accordance with the Violence Against Women Act
(VAWA) as outlined in the PHA’s Emergency Transfer Plan. (PHAs are strongly
encouraged to utilize EHVs as a resource to effectuate emergency transfers for a
victim of domestic violence, dating violence, sexual assault, or stalking, as part of
their Violence Against Women Act (VAWA) Emergency Transfer Plan.)
The PHA must also take direct referrals from outside the CoC CE system if:
(1) the CE system does not have a sufficient number of eligible families to refer
to the PHA, or
(2) the CE system does not identify families that may be eligible for EHV
assistance because they are fleeing, or attempting to flee, domestic violence,
dating violence, sexual assault, stalking or human trafficking.
In those instances the PHA must enter into a partnership to receive direct referrals from
another entity (a Victim Services provider or anti-trafficking service provider, for
example, if the CE system is not referring victims fleeing, or attempting to flee, domestic
violence, dating violence, sexual assault, stalking or human tracking) or another homeless
services provider (if there are not enough direct referrals coming through the CE system),
assuming there are such additional organizations that can certify that an individual or
family is homeless or at risk of homelessness, formerly homeless, is an individual or
family is fleeing or attempting to flee domestic violence, dating violence, sexual assault,
stalking, or human trafficking. (Applicants under the “Recently homeless” category must
by definition (see section 8.d above) always be referred by the CoC or its designee.) The
PHA must enter an MOU with partnering referral agency as described above in section
9.b. Alternatively, the partnering referral agency may be added to the MOU between the
PHA and CoC.
The referring agency must provide documentation to the PHA of the referring agency’s
verification that the family meets one of the four eligible categories for EHV assistance.
The PHA must retain this documentation as part of the family’s file. HUD has attached
to this notice two examples of certifications that could be used to document the referring
agency’s verification. (See Attachments 3 and 4).
Other than cases where a family is requesting an emergency transfer in accordance with
VAWA as outlined in the PHA’s Emergency Transfer Plan, the PHA must refer a family
25
that is seeking EHV assistance directly from the PHA to the CoC or other referring
agency partner for initial intake, assessment, and possible referral for EHV assistance.
If at any time the PHA is not receiving enough referrals or is not receiving referrals in a
timely manner from the CoC CE system or other partner referral agencies (or the PHA
and CoC cannot identify any such alternative referral partner agencies), the PHA should
contact HUD for assistance. HUD may permit the PHA on a temporary or permanent
basis to take EHV applications directly from applicants and admit eligible families to the
EHV program in lieu of or in addition to direct referrals in those circumstances.
PHAs must inform families on the HCV waiting list of the availability of EHVs by, at a
minimum, either by posting the information to their website or providing public notice in
their respective communities. The PHA notice must describe the eligible populations to
which the EHVs are limited and clearly state that the availability of these EHVs is
managed through a direct referral process. The PHA notice must advise the family to
contact the CoC (or any other PHA referral partner, if applicable) if the family believes
they may be eligible for EHV assistance. In providing this notice, PHAs must ensure
effective communication with persons with disabilities, including those with vision,
hearing, and other communication-related disabilities. PHAs must also take reasonable
steps to ensure meaningful access for persons with limited English proficiency (LEP).
(See Section 11 – Nondiscrimination and Equal Opportunity Requirements - for more
information.)
If the PHA has a preference for victims of domestic violence, dating violence, sexual
assault, stalking, or human trafficking for the regular HCV program, the PHA must refer
any applicant on the waiting list that indicated they qualified for this preference to the
CoC or the applicable partnering referral agency. The CoC or partnering referral agency
will determine if the family is eligible (based on the qualifying definition for EHV
assistance for those fleeing, or attempting to flee, domestic violence, dating violence,
sexual assault, stalking, or human trafficking or another eligible category as applicable)
for an EHV.
If the PHA has a homeless preference for the regular HCV program, the PHA must refer
any applicant on the waiting list that indicated they qualified for the homeless preference
to the CoC. The CoC will determine whether the family is eligible for an EHV (based on
the qualifying definition for EHV assistance for homelessness or another eligible
category as applicable). The CoC will also determine if the family is eligible for other
homeless assistance through the CE system.
With the exception of special admissions,12 the HCV regulations require that the PHA
admit an applicant as a waiting list admission. In order to implement the above
alternative requirements, HUD is waiving § 982.204(a), which requires that except for
special admissions, participants must be selected from the PHA waiting list and that the
PHA must select participants from the waiting list in accordance with admission policies
12
A special admission (24 CFR § 982.203) is a non-waiting list admission that is only applicable if HUD awards a
PHA program funding that is targeted for families living in specified units.
26
in the PHA administrative plan.
d. Required housing search assistance
Housing search assistance can help EHV participants successfully move to areas of higher
opportunity, as well as broaden the pool of landlords participating in the EHV program,
including culturally or racially diverse landlords and landlords with smaller numbers of
units. HUD has established as an alternative requirement that the PHA must ensure
housing search assistance is made available to EHV families during their initial housing
search. The housing search assistance may be provided directly by the PHA or through
the CoC or another partnering agency or entity.
Housing search assistance is a broad term which can include many activities, but with
respect to this requirement it must at a minimum (1) help individual families identify
potentially available units during their housing search, including physically accessible
units with features for family members with disabilities, as well as units in low-poverty
neighborhoods, (2) provide transportation assistance and directions to potential units, (3)
conduct owner outreach, (4) assist with the completion of rental applications and PHA
forms, and (5) help expedite the EHV leasing process for the family. Other
recommended, but not required, housing search activities include helping individual
families identify barriers to leasing (e.g., low credit score, evictions history) and
strategies to address these barriers, workshops on how to conduct an effective housing
search, enhanced support for portability processing, regular proactive check-ins for
families searching with a voucher, regular reminders to the family of their voucher
expiration date and extension policies, and a dedicated landlord liaison for EHV voucher
families. The PHA may use any of the EHV administrative fees (including the services
fees) described in section 6 for EHV housing search assistance.
e. Separate waiting list for EHVs
The HCV program regulations at § 982.204(f) provide that a PHA must use a single
waiting list for admission to its HCV program.
It is possible that the number of applicants referred by partnering agencies at a given time
may exceed the EHVs available for the PHA to issue to families. HUD recognizes that
requiring PHAs to utilize its existing HCV waiting list to manage EHV referrals will
create unnecessary administrative burden, complications, and delays.
HUD is therefore waiving § 982.204(f) to establish an alternative requirement under
which the PHA shall maintain a separate waiting list for EHV referrals/applicants to help
expedite the leasing process, both at initial leasing and for any turnover vouchers that
may be issued prior to the September 30, 2023 turnover voucher cut-off date.
Because the EHV waiting list is based on direct referrals or requests through the PHA’s
VAWA emergency transfer plan and not applications from the general public, HUD is
also waiving § 982.206, which requires the PHA to give public notice when opening and
27
closing the waiting list. Under this alternative requirement, the PHA will work directly
with its CoC and other referral agency partners to manage the number of referrals and the
size of the EHV waiting list.
f. Local Preferences
Under the HCV program, the PHA may establish a system of local preferences for the
selection of families. The PHA may have an existing set of local preferences for its HCV
program that understandably does not align with the specific targeted purpose of the
EHVs. Furthermore, the PHA, in conjunction with the CoC and other referral partners,
may wish to establish preferences specifically designed for EHV admissions that the
PHA would not want to apply to its regular HCV waiting list. Excluding EHVs from the
PHA’s normally applicable local preference system will simplify EHV administration
and ensure that EHVs are not being prioritized based on preferences designed for the
broad universe of HCV eligible applicants rather than the subset of EHV qualifying
families.
HUD is waiving § 982.207(a) and establishing an alternative requirement that the local
preferences established by the PHA for HCV admissions do not apply to EHVs. The
PHA may choose, in coordination with the CoC and other referral partners, to establish
separate local preferences for EHVs, or may simply choose to not establish any local
preferences for the EHV waiting list.
In establishing any local preferences for the EHV waiting list, the preference may not
prohibit EHV admissions from any of the four qualifying categories of eligibility. The
preference system prioritizes the order in which families on the EHV waiting list are
assisted but does not allow the PHA to refuse to accept a referred family that meets one
of the four EHV eligibility categories, or otherwise delay issuance of an available
voucher to that eligible family in order to “hold” the voucher for a future referral of a
preference holder. In cases where the PHA and the referral agency partners are
contemplating local preferences for the EHV waiting list, HUD strongly encourages
PHAs and their partners to consider designing preferences that take into consideration the
comparative health risks that COVID-19 poses to the subgroup of families eligible for
EHVs (e.g., individuals or families living in environments where practicing social
distancing or taking other preventive measures may be particularly challenging). The
PHA must ensure any local preferences did not discriminate on the basis of any federally
protected classes and cannot utilize criteria or methods of administration which would
result in discrimination. See Section 11 – Nondiscrimination and Equal Opportunity
Requirements for more information on applicable federal civil rights requirements.
The HCV program regulations at § 982.207(b) allows a PHA to adopt and implement a
residency preference in accordance with the non-discrimination and equal opportunity
requirements listed at § 5.105(a). Given the emergency nature of these vouchers, the fact
that many individuals and families in the targeted populations may not necessarily qualify
as a “resident” due to their housing circumstances, and the direct referral /coordinated
28
entry aspect of EHV administration, it is not appropriate to apply residency preferences
for EHV admission. Consequently, HUD is waiving § 982.207(b) and establishing an
alternative requirement under which a PHA may not apply any residency preference to
EHV applicants.
g. Restrictions on PHA denial of assistance to an EHV applicant
The HCV program regulations at § 982.552 and § 982.553 cover the grounds under
which a PHA may deny an applicant admission to the program and in certain cases is
required to do so. These grounds include the following:
If any member of the family has been evicted from federally assisted housing in the
last five years.
If a PHA has ever terminated assistance under the program for any member of the
family.
If any member of the family has committed fraud, bribery, or any other corrupt or
criminal act in connection with any Federal housing program.
If the family currently owes rent or other amounts to the PHA or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Act.
If the family has not reimbursed any PHA for amounts paid to an owner under a
HAP contract for rent, damages to the unit, or other amounts owed by the family
under the lease.
If the family breached an agreement with the PHA to pay amounts owed to a PHA,
or amounts paid to an owner by a PHA.
If the family engaged in or threatened abusive or violent behavior toward PHA
personnel.
If the family has been engaged in criminal activity or alcohol abuse as described in §
982.553.
HUD is waiving §982.552 and § 982.553 in part and establishing an alternative
requirement with respect to mandatory and permissive prohibitions of admissions for
EHV applicants. The EHV alternative requirement is as follows:
Mandatory Prohibitions.
(1) The PHA must apply the standards it established under § 982.553(a)(1)(ii)(C) that
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 to EHV applicants.
(2) The PHA must apply the standards it established under § 982.553(a)(2)(i) that
prohibit admission to the program if any member of the household is subject to a
lifetime registration requirement under a State sex offender registration program to
EHV applicants.
Permissive Prohibitions.
29
The PHA may prohibit admission of a family for the grounds stated below. The PHA
may choose not to prohibit admission for these grounds or may establish a more
permissive policy than the PHA’s policy for admission to the regular HCV program. The
PHA may not establish a permissive prohibition policy for EHV applicants that is more
prohibitive than the policy established for admissions to the regular HCV program. The
PHA policy on EHV permissive prohibitions must be described in the PHA’s
administrative plan.
If the PHA intends to establish permissive prohibition policies for EHV applicants, the
PHA must consult with its CoC partner to understand the impact that the proposed
prohibitions may have on referrals and must take the CoC’s recommendations into
consideration. The PHA policy on EHV permissive prohibitions must be described in the
PHA’s administrative plan. Determinations must be made based on an individualized
assessment of relevant mitigating information.13 The permissive prohibitions are:
(1) If the PHA determines that any household member is currently engaged in, or has
engaged in within the previous 12 months:
a. Violent criminal activity.
b. Other criminal activity which may threaten the health, safety, or right to
peaceful enjoyment of the premises by other residents or persons residing in
the immediate vicinity.14
(2) If any member of the family has committed fraud, bribery, or any other corrupt or
criminal act in connection with any Federal housing program within the previous 12
months.
(3) If the family engaged in or threatened abusive or violent behavior toward PHA
personnel within the previous 12 months.
Unlike regular HCV admissions, PHAs may not deny an EHV applicant admission
regardless of whether:
13
See Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal
Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016), available at
https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF at 7 (“individualized assessment
of relevant mitigating information beyond that contained in an individual’s criminal record is likely to have a less
discriminatory effect than categorical exclusions that do not take such additional information into account. Relevant
individualized evidence might include: the facts or circumstances surrounding the criminal conduct . . . evidence that
the individual has maintained a good tenant history before and/or after the . . . conduct; and evidence of
rehabilitation efforts.”)
14
Please see PIH Notice 2015-19. The purpose of PIH 2015-19 is to inform PHAs and owners of other federally-
assisted housing that arrest records may not be the basis for denying admission, terminating assistance or evicting
tenants, to remind PHAs and owners that HUD does not require their adoption of “One Strike” policies, and to
remind them of their obligation to safeguard the due process rights of applicants and tenants. See also Office of
General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by
Providers of Housing and Real Estate-Related Transactions (April 4, 2016), available at
https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF (overviewing how applying
criminal records screening too broadly may implicate fair housing liability for housing providers).
30
Any member of the family has been evicted from federally assisted housing in the
§A PHA has ever terminated assistance under the program for any member of the
family.
The family currently owes rent or other amounts to the PHA or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Act.
The family has not reimbursed any PHA for amounts paid to an owner under a HAP
contract for rent, damages to the unit, or other amounts owed by the family under the
lease.
The family breached an agreement with the PHA to pay amounts owed to a PHA, or
amounts paid to an owner by a PHA.
The family would otherwise be prohibited admission under alcohol abuse standards
established by the PHA in accordance with §982.553(a)(3).
The PHA determines that any household member is currently engaged in or has
engaged in during a reasonable time before the admission, drug-related criminal
activity.
Similar to the HUD-Veterans Affairs Supportive Housing (HUD-VASH) program, HUD
is eliminating the PHA’s permissive prohibitions for EHV admissions for drug-related
criminal activity. The eligible populations of homeless and at-risk of homelessness
individuals and families may include individuals struggling with drug addiction, and that
addiction may be one of the root causes of their homelessness. As demonstrated by the
“Housing First’ model, providing the individual with safe housing may be a critical first
step in helping the individual recover from addiction. Consequently, prohibitions based
on criminal activity for the eligible EHV populations regarding drug possession should be
considered apart from criminal activity against persons (i.e., violent criminal activity).
Further, the Department remains concerned about the potential discriminatory effect that
reliance on drug-related criminal activity history as grounds for denial of admission may
pose for the EHV program. For further information on the use of criminal histories and
the Fair Housing Act, please see HUD’s Office of General Counsel Guidance on the
Application of Fair Housing Act Standards to the Use of Criminal Records by Providers
of Housing and Real Estate-Related Transactions, issued on April 4, 2016.15
The PHA must still deny admission to the program if any member of the family fails to
sign and submit consent forms for obtaining information in accordance with 24 CFR part
5 as required by § 982.552(b)(3), but should notify the family of the limited EHV
grounds for denial of admission first.
When adding a family member after the family has been placed under a HAP contract
with EHV assistance, the regulations at § 982.551(h)(2) apply. Other than the birth,
15
Available at https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF. This Guidance
cautions against the screening of applicants for tenancy using criminal records where such screening may
disproportionately impact protected classes, and where the housing provider cannot prove such a policy is necessary
to achieve a substantial, legitimate, nondiscriminatory interest.
31
adoption or court-awarded custody of a child, the PHA must approve additional family
members and may apply its regular screening criteria in doing so.
h. Income Verification at Admissions
Under the HCV program, PHAs must determine whether an applicant family’s income
exceeds the applicable income limit as established by HUD in the jurisdiction where the
family wishes to lease a unit. While the verification hierarchy described in Notice PIH
2018-18 applies to income determinations for applicants, the Enterprise Income
Verification (EIV) system generally is not available for verifying income of applicants.
The program regulations under § 982.201(e) requires that the PHA must receive
information verifying that an applicant is eligible within the 60-day period before the
PHA issues a voucher to the applicant. For verification purposes, Notice PIH 2018-18
states that third-party generated documents be dated within 60 days of the PHA’s request.
For homeless families and other EHV eligible families, documentation may not be
readily on-hand and may be difficult to obtain quickly. Accepting self-certifications and
allowing for the delay of receipt of documentation and/or third-party verification will
allow the CoC/partnering agency to assist the family in obtaining the necessary
documentation without unduly delaying the family’s housing assistance.
HUD is waiving the third-party income verification requirements for EHV applicants
and, alternatively, allowing PHAs to consider self-certification as the highest form of
income verification at admission. Applicants must submit an affidavit attesting to
reported income, assets, expenses and other factors which would affect an income
eligibility determination. Additionally, applicants may provide third-party
documentation which represents the applicant’s income within the 60-day period prior to
admission or voucher issuance but is not dated within 60 days of the PHA’s request. For
example, a Supplemental Security Income (SSI) benefit letter that was issued in
November 2020 to represent the applicant’s benefit amount for 2021 and was provided to
the PHA in September 2021 would be an acceptable form of income verification. As a
reminder, the PHA may also use the SSI benefit letter as proof of disability.
Once HUD makes the EIV data available to PHAs under this waiver and alternative
requirement, the PHA must: review the EIV Income and Income Validation Tool (IVT)
Reports to confirm/validate family-reported income within 90 days of the PIC-NG (see
Section 15 of this notice below) submission date; print and maintain copies of the EIV
Income and IVT Reports in the tenant file; and resolve any income discrepancy with the
family within 60 days of the EIV Income or IVT Report dates.
Prior to admission, PHAs must continue to use HUD’s EIV system to search for all
household members using the Existing Tenant Search. The PHA may be required to
deny assistance to household members already receiving assistance from another
program.
32
PHAs are encouraged to incorporate additional procedures to remind families of the
obligation to provide true and complete information. PHAs that conduct eligibility
determinations under this waiver/alternative requirement will be responsible for
addressing any material discrepancies (i.e., unreported income or a substantial difference
in reported income) that may arise later and must take necessary enforcement actions if
the tenant was never eligible due to their income, as well as initiate HUD-compliant
payment plans for those whose unreported income was unintentional and do not make the
tenant ineligible for the program accordingly.
The adoption of this waiver does not authorize any ineligible family to receive assistance
under these programs. If a PHA later determines that an ineligible family received
assistance, the PHA must take steps to terminate that family from the program.
i. Eligibility Determination: Social Security Number and Citizenship Verification
HCV applicants must disclose and document and PHAs must verify the social security
numbers (SSN) of each applicant. Applicant documentation may include a valid SSN
card issued by the Social Security Administration; an original document issued by a
federal or state government agency which contains the individual’s name, SSN and other
identifying information; or other evidence of the SSN as prescribed by HUD. Generally,
a PHA may not admit an applicant until the required documentation is provided to verify
the SSN of each household member.
PHAs also must verify evidence of U.S. citizenship or eligible immigration status for
noncitizens claiming eligibility for assistance. Each eligible household member must
sign a declaration of their status and eligible noncitizens must also provide supporting
documentation, which must be submitted by the time of the eligibility determination.
Documentation verifying U.S. citizenship may also be requested. Since eligibility for
assistance is limited to U.S. citizens and noncitizens who have eligible immigration
status, families in which not all members are U.S. citizens or have eligible immigration
status are only eligible to receive pro-rated housing assistance based on the percentage of
family members who qualify for assistance.
Additionally, PHAs must verify each family member’s date of birth to verify identity and
determine age and disability status per 24 CFR § 5.403, if claimed. These family
characteristics impact the income and tenant rent calculations.
This documentation may not be readily on hand and may be difficult to obtain for
individuals and families experiencing homelessness. Accepting self-certifications and
delaying the receipt of documentation and/or third-party verification will allow PHAs to
assist EHV families more quickly and provide time for the family (with assistance from
the CoC or other partnering agencies) to obtain the necessary documentation.
HUD is consequently waiving the requirement to obtain and verify SSN documentation
and documentation evidencing eligible noncitizen status before admitting the family to
the EHV program. PHAs may adopt policies to admit EHV applicants who are unable to
33
provide the required SSN or citizenship documentation during the initial eligibility
determination. As an alternative requirement, such individuals must provide the required
documentation within 180 days of admission to be eligible for continued assistance,
pending verification, unless the PHA provides an extension based on evidence from the
family or confirmation from the CoC or other partnering agency that the family has
made a good-faith effort to obtain the documentation. If a family member appeals
secondary verification of immigration documents, PHAs are reminded that assistance
may not be delayed, denied, reduced or terminated on the basis of immigration status
pending the completion of the appeal as described in § 5.514(e).
Additionally, PHAs may accept self-certification of date of birth and disability status if a
higher level of verification is not immediately available. If self-certification is used, the
PHA must obtain a higher level of verification within 90 days of admission or verify the
information in EIV.
PHAs are encouraged to incorporate additional procedures to remind families of the
obligation to provide true and complete information. PHAs that conduct eligibility
determinations under this waiver/alternative requirement will be responsible for
addressing any material discrepancies (i.e., erroneous SSNs) that may arise later and must
take necessary enforcement actions accordingly. The adoption of this waiver does not
authorize any ineligible family to receive assistance under these programs. If a PHA
determines that an ineligible family received assistance, the PHA must take steps to
terminate that family from the program.
j. Inapplicability of Income Targeting Requirements
The PHA must determine income eligibility for EHV families in accordance with §
982.201. However, the income targeting requirements of section 16(b) of the United
States Housing Act of 1937 and § 982.201(b)(2) are waived and do not apply for EHV
families so that participating PHAs can effectively serve individuals and families in all
the eligibility categories under the ARP who may be at a variety of income levels,
including low-income families. The PHA may still choose to include the admission of
extremely low-income EHV families in its income targeting numbers for the fiscal year
in which these families are admitted. In conformance with normal program rules, PHAs
may not deny admission to a family with zero income and must consider hardship
circumstances before charging a minimum rent in accordance with § 5.630(b).
k. Use of recently conducted initial income determinations and verifications at
admission
Some families who were recently homeless but are now currently residing in rapid
rehousing or are receiving other time-limited housing assistance may have had their
income recently verified under that housing assistance program. Furthermore, families
who are eligible for EHV assistance as victims of domestic violence, dating violence,
sexual assault, stalking, or human trafficking may be currently assisted through other
subsidized housing programs such as public housing. PHAs may accept income
34
calculations and verifications from third-party providers or from an examination that the
PHA conducted on behalf of the family for another subsidized housing program in lieu of
conducting an initial examination of income as long as the income was (1) calculated in
accordance with rules outlined at 24 CFR Part 5 and within the last six months and (2)
the family certifies there has been no change in income or family composition in the
interim. At the time of the family’s annual reexamination the PHA must conduct the
annual reexamination of income as outlined at 24 CFR § 982.516.
For each new admission under this waiver and alternative requirement, the PHA must:
review the EIV Income and IVT Reports to confirm/validate family-reported income
within 90 days of the PIC-NG (see Section 15 of this notice) submission date; print and
maintain copies of the EIV Income and IVT Reports in the tenant file; and resolve any
income discrepancy with the family within 60 days of the EIV Income or IVT Report
dates.
l. Pre-inspection of HQS units
To expedite the leasing process, PHAs may pre-inspect available units that EHV families
may be interested in leasing in order to maintain a pool of eligible units. If an EHV
family selects a unit that passed a HQS inspection (without intervening occupancy)
within 45 days of the date of the Request for Tenancy Approval (form HUD-52517), the
unit may be approved as long as it meets all other conditions under § 982.305. However,
the family must be free to select their unit and cannot be required to accept a pre-screened
unit.
m. Initial Search Term
While the EHV program provides the PHA with funding designed to help increase the
success rate of EHV families in obtaining housing (such as security deposit assistance,
landlord incentives, and housing search assistance), these families may still face
significant challenges with their housing search. An initial search term of 60 days may
be inadequate for EHV families. Consequently, HUD is waiving § 982.303(a), which
provides that the initial search term must be at least 60 days and is establishing an
alternative requirement that the initial term for an EHV must be at least 120 days. Any
extensions, suspensions, and progress reports will remain under the policies in the PHA’s
administrative plan but will apply after the minimum 120-day initial search term.
As a reminder, a PHA must grant reasonable accommodation requests to extend the
housing search term that may be necessary for individuals with disabilities to find a unit
that meets their disability-related needs. For example, it may be challenging to find a
unit that includes specific accessibility features, is close to accessible transportation, or
close to supportive services or medical facilities.
n. Initial lease term
35
Under the HCV program, the family must enter into an initial lease with the owner for at
least one year, unless a shorter term would improve housing opportunities for the tenant
and the shorter term is a prevailing market practice. To provide a greater range of
housing opportunities for EHV families, HUD is waiving Section 8(o)(7)(A) of the
United States Housing Act of 1937 and § 982.309(a)(2)(ii). The initial lease term for an
EHV family may be less than 12 months regardless of whether the shorter term is a
prevailing market practice.
o. Portability
The normal HCV portability procedures and requirements generally apply to EHVs with
the following exceptions.
i. No prohibition on portability for non-resident applicants
Under the HCV program, if neither the household head nor spouse of an assisted family
already had a “domicile’ (legal residence) in the jurisdiction of the PHA at the time the
family first submitted an application for participation in the program, the family does
not have any right to portability during the 12-month period from when the family is
admitted to the program. Such a family is a “non-resident applicant.” The initial PHA
may choose to allow portability during this period but is not required to do so.
In order to provide maximum housing choice for the targeted populations, HUD is
removing this restriction for EHV nonresident applicants to allow all EHV families to
immediately move under portability. Accordingly, HUD is waiving section
8(r)(1)(B)(i) of the United States Housing Act of 1937 and § 982.353(c). The PHA
may not restrict an EHV family from exercising portability because they are a non-
resident applicant.
ii. Portability billing and absorption
A receiving PHA cannot refuse to assist an incoming EHV family, regardless of
whether the PHA does or does not currently administer EHVs under its own ACC.
If the EHV family moves under portability to another PHA that administers EHVs
under its own ACC:
The receiving PHA may only absorb the incoming EHV family with an EHV
(assuming it has an EHV voucher available to do). If the PHA does not have an
EHV available to absorb the family, it must bill the initial PHA. The receiving
PHA must allow the family to lease the unit with EHV assistance and may not
absorb the family with a regular HCV when the family leases the unit.
Regardless of whether the receiving PHA absorbs or bills the initial PHA for the
family’s EHV assistance, the EHV administration of the voucher is in
accordance with the receiving PHA’s EHV policies, although neighboring
36
PHAs and PHAs in the same metro area or region are strongly encouraged to
work collaboratively with one another to align EHV policies and help facilitate
EHV portability moves between their jurisdictions.
If the EHV family moves under portability to another PHA that does not administer
EHV under its own ACC, the receiving PHA may absorb the family into its regular
HCV program or may bill the initial PHA.
iii. Family briefing/initial PHA and receiving PHA coordination on services
In addition to the applicable family briefing requirements at § 982.301(a)(2) as to how
portability works and how portability may affect the family’s assistance, the initial
PHA must inform the family how portability may impact the special EHV services and
assistance that may be available to the family.
The initial PHA is required to help facilitate the family’s portability move to the
receiving PHA and inform the family of this requirement in writing taking reasonable
steps to ensure meaningful access for persons with limited English proficiency (LEP).
If the portability move is in connection with the EHV family’s initial lease-up, the
receiving PHA and the initial PHA must consult and coordinate on the EHV services
and assistance that will be made available to the family. The primary purpose of this
communication is to ensure there is no duplication of EHV services and assistance
provided to the family and that the receiving PHA is aware of the maximum amount of
services fee funding that the initial PHA may provide to the receiving PHA on behalf of
the family. (Further information on this subject is provided in subsection iv below.)
iv. EHV portability – HAP and EHV administrative fees
A. HAP and ongoing fees
The requirements at 982.355(e) apply to portability billing arrangements on behalf
of an EHV family:
The initial PHA must promptly reimburse the receiving PHA for the full amount
of the housing assistance payments made by the receiving PHA for the family.
The initial PHA must promptly reimburse the receiving PHA for the lesser of 80
percent of the initial PHA’s EHV ongoing administrative fee or 100 percent of
the receiving PHA's ongoing administrative fee (or the receiving PHA’s EHV
ongoing administrative fee if the receiving PHA administers the EHV program).
If both PHAs agree, the PHAs may negotiate a different amount of
reimbursement.
B. Services Fee Funding:
If the receiving PHA, in consultation and coordination with the initial PHA, will
provide eligible services or assistance to the incoming EHV family, the receiving
37
PHA may be compensated for those costs by the initial PHA. This is the case
regardless of whether the receiving PHA bills the initial PHA or absorbs the
family into its own program at initial lease-up.
If the receiving PHA administers EHVs under its CACC, the receiving PHA may
use its own services fee and may be reimbursed by the initial PHA, or the initial
PHA may provide the services funding upfront to the receiving PHA for those
fees and assistance. If the receiving PHA does not administer EHVs under its
CACC, the initial PHA must provide the services funding upfront to the receiving
PHA. Any amounts provided to the receiving the PHA that are not used for
services or assistance on behalf of the EHV family must promptly be returned by
the receiving PHA to the initial PHA.
The amount of the service fee provided by the initial PHA may not exceed the
lesser of the actual cost of the services and assistance provided to the family by
the receiving PHA or $1750, unless the initial PHA and receiving PHA mutually
agree to change the $1750 cap.
C. Placement fee/issuance reporting fee:
If the portability lease-up qualifies for the placement fee/issuance reporting fee,
the receiving PHA receives the full amount of the placement component of the
placement/issuing reporting fee. The receiving PHA is eligible for the placement
fee regardless of whether the receiving PHA bills the initial PHA or absorbs the
family into its own program at initial lease-up. The initial PHA qualifies for the
issuance reporting component of the placement fee, as applicable.
Note that the entire preliminary fee is always paid to and retained by the initial PHA
and is not impacted by an EHV portability move.
p. Payment standard amounts
The HCV regulations at 24 CFR § 982.503(a)(3) provide that the PHA voucher payment
standard schedule shall establish a single payment standard amount for each unit size, and
that for each unit size, the PHA may establish a single payment standard amount for the
whole Fair Market Rent (FMR) area, or may establish a separate payment standard
amount for each designated part of the FMR area.
Many rental markets with a high need for the EHVs are very competitive with a shortage
of affordable rental units. EHV recipients who are homeless or at risk of homelessness
may have relatively lower incomes than regular HCV recipients, limiting their ability to
rent units with rents above the payment standard. In addition, landlords may be more
reluctant to rent to homeless individuals who may have limited or poor credit history, a
limited established rental history, or other issues.
38
Due to those factors and the emergency nature of these vouchers, HUD is waiving §
982.503(a)(3) and establishing an alternative requirement permitting PHAs to establish
separate higher payment standards for the EHVs in order to increase the potential pool of
available units for EHV families. The separate EHV payment standard must comply with
all other HCV requirements under § 983.503 with the exception of the waivers of §
982.503(b)(i) and § 982.503(b)(iii) discussed below.
Establishing a separate EHV payment standard is at the discretion of the PHA and the
PHA is not required to do so. PHAs are not permitted to establish a separate payment
standard for the EHVs that is lower than the regular HCV payment standard. If the PHA
is increasing the regular HCV payment standard, the PHA must also increase the EHV
payment standard if it would be otherwise lower than the new regular HCV payment
standard.
In addition, HUD is waiving § 982.503(b)(1)(i) and establishing an alternative
requirement to allow the PHA to establish a payment standard amount for a unit size at
any level between 90 percent and 120 percent (as opposed to 110 percent) of the
published FMR for that unit size. HUD approval is not required to establish an EHV
payment standard within that range.
Furthermore, HUD is waiving § 982.503(b)(1)(iii) and establishing an alternative
requirement to provide that a PHA that is not in a designated Small Area FMR area or
has not opted to voluntarily implement Small Area FMRs under 24 CFR 888.113(c)(3)
may establish exception payment standards for a ZIP code area above the basic range for
the metropolitan FMR based on the HUD published Small Area FMRs. The PHA may
establish an exception payment standard up to 120 percent (as opposed to 110 percent) of
the HUD published Small Area FMR for that ZIP code area. As is the case for the
regular HCV program, the PHA must notify HUD if it establishes an EHV exception
payment standard based on the Small Area FMR. The exception payment standard must
apply to the entire ZIP code area.
PHAs may also still request approval for exception EHV payment standards above 120%
of the applicable FMR/SAFMR from HUD in accordance with § 982.503(b)(1)(iv) or §
982.503(c) if needed.
All rent reasonableness requirements at § 982.507 continue to apply to EHV units,
regardless of whether the PHA has established an alternative or exception EHV payment
standard. As discussed in section 6 above, PHAs may provide EHV owner incentive
payments to recruit and retain owners, but the rent charged for the unit must be a
reasonable rent in comparison to rent for other comparable units.
q. Increase in Payment Standard During HAP Contract Term
The HCV regulations at 24 CFR § 982.505(c)(4) require that if the payment standard
amount is increased during the term of the HAP contract, the increased payment standard
amount shall be used to calculate the monthly housing assistance payment for the family
39
beginning at the effective date of the family’s first regular reexamination on or after the
effective date of the increase in the payment standard amount.
HUD is waiving this requirement and as an alternative requirement providing a PHA with
the discretion to establish a policy in the PHA administrative plan on when to apply the
increased payment standard (e.g., interim reexamination, owner rent increase) after the
effective date of the increase in the payment standard amount, provided the increased
payment standard is used to calculate the HAP no later than the effective date of the
family’s first regular reexamination following the change.
10. Moving-to-Work (MTW) Agencies
MTW agencies that administer EHVs are bound by the terms and conditions of this notice.
As discussed above in section 9, all HCV statutory and regulatory requirements and HUD
directives are applicable to EHVs unless waived by this notice. However, MTW agencies
may request approval from HUD’s Office of Housing Voucher Programs to administer EHVs
in accordance with the HCV programmatic flexibilities approved under PHA’s Annual MTW
Plan or MTW Supplement to the PHA Plan, as permitted by its MTW Agreement or the
MTW Operations Notice. The Office of Housing Voucher Programs may approve the MTW
PHA’s request provided it determines the requested MTW flexibility is not in direct conflict
with an EHV waiver or alternative requirement and its application would not have a
detrimental impact on EHV families. MTW PHAs must submit such requests with
supporting justification through their local Field Office.
EHV funding is not eligible for MTW fungibility but must only be used for EHV eligibility
activities and to assist EHV eligible families. This applies to EHV HAP funding and to all
forms of EHV administrative fees.
11. Nondiscrimination and Equal Opportunity Requirements
PHAs are reminded in administering the EHV program to follow all applicable
nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a) and 24 CFR
982.53, including but not limited to the Fair Housing Act, Section 504 of the Rehabilitation
Act of 1973, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act, HUD’s
Equal Access Rule, and Title II of the Americans with Disabilities Act of 1990. These
requirements prohibit discrimination on the basis of race, color, religion, sex, familial status,
national origin, disability, age, sexual orientation, gender identity, and marital status. PHAs
should also comply with Title III of the Americans with Disabilities Act of 1990 (see 28 CFR
35.160 and 28 CFR 36.303).
When an EHV household is or includes a person with disabilities, reasonable
accommodations may be necessary. A reasonable accommodation is a change, exception or
adjustment to rules, policies, practices or services that may be necessary in order to enable an
applicant or resident with a disability to have an equal opportunity to use and enjoy a
dwelling, including public and common areas, or to participate in or access programs and
activities. This extends to various aspects of EHV program implementation including for
40
example, denial or termination of assistance, initial search term of the EHV, initial lease
term, and informal reviews and hearings, as well as reasonable accommodations that may be
necessary during one’s tenancy. Under Section 504, reasonable accommodations may also
include a structural change to a unit.
In addition, the PHA must also provide effective communication to persons with disabilities,
including those with vision, hearing, and other communication related disabilities, which
includes ensuring that information is provided in appropriate accessible formats as needed,
e.g., Braille, audio, large type, assistive listening devices, and sign language interpreters,
accessible website and other accessible electronic communications. See 24 CFR 8.6. The
PHA must also take reasonable steps to ensure meaningful access for persons with limited
English proficiency (LEP). LEP guidance and LEP information is available here:
https://www.federalregister.gov/documents/2007/01/22/07-217/final-guidance-to-
federalfinancial-assistance-recipients-regarding-title-vi-prohibition-against
12. Inapplicability of Project-based Voucher Assistance
Section 3202(b)(1) of the ARP provides that the EHVs "shall be tenant-based assistance
under section 8(o) of the United States Housing Act of 1937." In addition to the requirement
that EHVs must be tenant-based voucher assistance, several provisions of section 3202 are
not compatible with project-based voucher assistance. In particular, the requirement with
respect to the termination of vouchers upon turnover discussed below in Section 13 is clearly
compatible with tenant-based voucher assistance, but it is not compatible with multi-year
PBV contracts where assistance is tied to the project. Furthermore, tenant-based assistance,
when coupled with the funding for other eligible expenses designed to facilitate the leasing of
the emergency vouchers (notably the security deposit assistance and other costs related to the
retention and support of owners specifically included in the Act), offers the most expeditious
approach to assisting families as quickly as possible with these emergency housing vouchers.
Consequently, PHAs may not project-base EHVs but must administer these vouchers
exclusively as tenant-based assistance.
13. Termination of Vouchers upon Turnover after September 30, 2023
The ARP provides that after September 30, 2023, a PHA may not reissue the EHV when
assistance for an assisted family ends. This means that when an EHV participant (a family
that is receiving rental assistance under a HAP contract) leaves the program for any reason,
the PHA may not reissue that EHV to another family unless it does so no later than
September 30, 2023.
For example, if an EHV participant leaves the program and their HAP contract terminates on
August 31, 2023, that EHV must be reissued to another family no later than September 30,
2023. If the PHA does not reissue the EHV to another family by September 30, 2023, the
EHV may not be reissued and effectively sunsets. Provided the EHV re-issuance date is no
later than September 30, 2023, the term of the EHV may extend beyond September 30, 2023.
41
However, if the family that was issued the EHV is ultimately unsuccessful in finding a unit
and that EHV expires after September 30, 2023, the EHV may not be reissued to another
family. All EHVs under lease on or after October 1, 2023, may not under any circumstances
be reissued to another family when the participant leaves the program for any reason.
An EHV that has never been issued to a family may be initially issued and leased after
September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon
turnover after assistance to a family has ended. However, HUD may direct PHAs
administering EHVs to cease leasing any unleased EHVs if such action is determined
necessary by HUD to ensure there will be sufficient funding available to continue to cover
the HAP needs of currently assisted EHV families. (While HUD anticipates most EHVs
under the initial allocation would be leased by September 30, 2023, PHAs may have
subsequently received a new allocation of EHVs as part of the recapture/reallocation process
described in section 14 below.)
HUD will remove any turnover EHV that cannot be reissued from the PHA’s CACC as part
of the next funding renewal process.
14. HUD authority to revoke and reallocate vouchers for PHA failure to use vouchers
promptly
The ARP provides that if a PHA fails to lease its authorized EHVs within a reasonable
period of time, HUD may revoke and redistribute any unleased vouchers and associated
funds to other public housing agencies. This would include recapturing any funds
previously obligated to the PHA that are associated with those revoked vouchers, as
described further below.
HUD will be closely monitoring EHV leasing and will evaluate the PHA’s leasing progress
for purposes of EHV reallocation by assessing the PHA’s EHV performance. This
evaluation will occur no sooner than the one-year anniversary of the effective date of the
PHA’s EHV funding increment. A PHA that has a substandard EHV leasing performance
may be subject to having some or all of its unissued vouchers revoked and reallocated.
However, under no circumstances will PHAs that have leased at least 95 percent of their
EHVs have any of their unissued vouchers recaptured and reallocated.
HUD will refresh the formula allocation data when determining the number of vouchers for
which a PHA qualifies under the reallocation. PHAs that have reduced their leasing potential
by increasing voucher utilization during the intervening months, for example, may benefit
from that improved performance when the allocation formula is run again to reallocate the
recaptured vouchers.
In a situation where EHVs are being revoked, the number of EHVs under that PHA’s CACC
will be reduced to reflect that some or all of the PHA’s EHVs have been revoked. The
“associated funds” subject to recapture along with the unleased vouchers are the following:
HAP funding HUD obligated to the PHA that is attributable to the unleased voucher in
42
the initial funding allocation (and/or subsequent renewal allocations if applicable),
unless the excess HAP funding has already been accounted for through HUD’s renewal
process.
Ongoing administrative fees that were advanced to the PHA unless the advanced
ongoing administrative fees have already been accounted for through HUD’s
reconciliation process.
An amount equivalent to 50 percent of the services fee for each EHV that is being
revoked, not to exceed the total amount of unexpended services fees available to the
PHA.
Preliminary fee. The preliminary fee is provided to the PHA for planning and other
implementation efforts and it is not expected to be available for recapture and
reallocation. However, any unused preliminary fee amounts remaining at the time of
recapture and reallocation will be subject to recapture and reallocation.
Placement/issuance reporting fee. The placement/issuance reporting fee is provided to
the PHA to enable the PHA to fulfill lease-up responsibilities. It is not expected that any
amounts from this fee will remain at the time of recapture and reallocation. However,
any unused placement fee amounts remaining at the time of recapture and reallocation
will be subject to recapture and reallocation.
HUD will issue a separate notice that details the process by which vouchers may be revoked
and reallocated at least four months before the PHA’s leasing performance will be evaluated.
PHAs that experience difficulties in leasing EHVs should contact HUD for technical
assistance (see section 17 below).
15. Use of funds, reporting, and financial records
EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP
renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding
obligated to the PHA may not be used for EHV administrative expenses or the other EHV
eligible expenses under this notice. Likewise, EHV administrative fees and funding
obligated to the PHA are to be used for those purposes and must not be used for HAP. See
section 7 above for instructions if the PHA needs an adjustment to its initial HAP funding
allocation or its HAP renewal funding to fully lease its EHVs or meet its EHV HAP costs.
The appropriated funds for EHVs are separate from the regular HCV program. Similar to the
Mainstream program, these funds may not be used for the regular HCV program but may
only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular
HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV
RNP. EHV administrative fees and funding for other eligible expenses permitted by this
notice may only be used in support of the EHVs and cannot be used for regular HCVs. EHV
funding may not be used for the repayment of debts or any amounts owed to HUD by HUD
program participants including, but not limited to, those resulting from Office of Inspector
General (OIG), Quality Assurance Division (QAD) or other monitoring review findings.
43
HUD will update the Voucher Management System (VMS) to collect aggregate data from
participating PHAs on a monthly basis consistent with other programs under Section 8(o) of
the United States Housing Act of 1937. This data will initially be used to track leasing and
cost data and to reconcile funds advanced to participating PHAs against actual expenditures
reported.
HUD plans to leverage PIC-NG, the new information technology platform developed for the
MTW Demonstration program’s expansion, to collect EHV tenant information as opposed to
using the existing legacy IMS/PIC system. HUD expects to issue a streamlined Form 50058
in the near future that will allow HUD to pay monthly HAP and administrative fee
disbursements based on that information. Once the new application and processes are
implemented, HUD plans to reduce or eliminate VMS reporting requirements for the
program. Additional information will be forthcoming on PIC-NG rollout and
implementation requirements including expedited timelines for tenant characteristics
reporting. PHAs do not report into IMS/PIC for EHV families.
In the meantime, in order to account for and track the use of the EHV funding, PHAs must
comply with the following reporting and financing record requirements.
a. Voucher Management System reporting:
Because EHVs are funded from a separate appropriation than the regular HCVs, HUD will modify
VMS to track the following data points for EHVs from participating PHAs:
Emergency Housing Vouchers– Leasing
Emergency Housing Vouchers - HAP Expenses
Emergency Housing Vouchers – Preliminary Fee Expenses
Emergency Housing Vouchers—Placement/Issuance Reporting Fee Expenses
Emergency Housing Vouchers—Ongoing Administrative Fee Expenses
Emergency Housing Vouchers – Services Fee – Housing Search Assistance Expenses
Emergency Housing Vouchers- Services Fee – Security/Utility Deposit/Rental
Application/Holding Fee Expenses
Emergency Housing Vouchers -Services Fee -Owner Incentive Expenses
Emergency Housing Vouchers – Services Fee – Other Expenses
Emergency Housing Vouchers - Number of New Vouchers Issued but Not Under HAP
Contract as of the Last Day of the Month
Emergency Housing Vouchers - HAP Expenses After the First of the Month
Emergency Housing - FSS Escrow Deposits
Emergency Housing Vouchers - FSS Escrow Forfeitures This Month
Emergency Housing Vouchers - Fraud Recovery Total Collected This Month
Emergency Housing Vouchers - Unrestricted Net Position Funds (UNP) as of the Last Day
of the Month
Emergency Housing Vouchers - Restricted Net Position Funds (RNP) as of the Last Day
of the Month
Emergency Housing Vouchers - Cash/Investment as of the Last Day of the Month
44
The PHA must enter the data on a monthly basis into VMS. These reporting requirements
also apply to MTW agencies.
b. Financial Data Schedule (FDS) Reporting for EHV Program:
HUD’s Uniform Financial Reporting Standards (UFRS) Rule (24 CFR § 5.801) requires
PHAs that administer the Section 8 programs to submit annual financial data to HUD.
Specifically, UFRS requires that the financial data is: 1) prepared in accordance with
Generally Accepted Accounting Principles (GAAP) as further defined by HUD in
supplementary guidance; 2) submitted electronically to HUD through the internet; and 3)
submitted in such form and substance as prescribed by HUD.
To meet the goals of the UFRS rule, PHAs are required to submit their financial
information to HUD’s Financial Assessment Sub-system for Public Housing (FASS-PH).
PHAs are required to submit this financial information in a prescribed format, the
Financial Data Schedule (FDS) (also referred to as Public Housing Financial
Management template). Financial information collected in the FASS-PH system includes
the reporting of the receipts, uses, and balances of all PHA funds regardless of the
funding source (i.e., entity-wide reporting). This financial information is reported at the
funding source level.
As a separate funding source, the ARP supplemental funding for the EHVs must be
reported separately on the FDS. The default reporting level is at the Catalog of Federal
Domestic Assistance (CFDA) level. However, when a CFDA number does not exist or is
not applicable, HUD will provide a program number under which the PHA should report
its financial information.
Due to the likely one-time appropriation of the supplemental funds provided under ARP,
CFDA numbers for these EHV funds will not be issued. However, HUD must still meet
its monitoring responsibilities and provide transparency in the PHAs’ receipts and uses of
EHV supplemental funding. Thus, HUD recommends that PHAs establish a separate
general ledger for the program or at the very least provide subsidiary details under the
existing HCV program sufficient to provide the necessary information in the FDS.
Rather than have PHAs report under the generic Federal Program columns that are
already established in the FASS-PH system (e.g., Federal Program 1, Federal Program 2),
the Real Estate Assessment Center (REAC) has established a new column on the FDS for
reporting EHV supplemental funds. REAC will publish specific guidance on revenue
recognition in a future notice.
The PHA must maintain complete and accurate accounts and other records for the program
and provide HUD and the Comptroller General of the United States full and free access to all
accounts and records that are pertinent the administration of the EHVs in accordance with the
HCV program requirements at § 982.158.
45
16. Reconciliation and recapture of unexpended EHV funds at program end
As noted above, the appropriated funds for EHVs are separate from the regular HCV
program and may only be used for EHV purposes. If any of these funds are not expended on
eligible EHV expenses before the end of the EHV program, the remaining unexpended EHV
funds must be recaptured by HUD.
Currently, the EHV program end date for each individual PHA is unknown and additional
guidance regarding program wrap-up and closeout will be issued in the future. However,
outer boundaries are known. For example, when a PHA no longer has any EHV families
under lease and is not permitted to reissue any of its remaining EHVs due to the statutory
September 30, 2023 reissuance prohibition, the PHA’s program will have effectively ended
and all associated unexpended funds must be remitted to HUD. Likewise, the funds
appropriated for the EHV program are available for obligation by HUD only until September
30, 2030 and will be cancelled as a matter of law on September 30, 2035.
HUD will conduct a final reconciliation of the PHA’s EHV funding and expenses when each
PHA’s EHV program ends. Accounting and remittance guidance on HAP and administrative
fee funding will be forthcoming under separate notice.
17. Technical Assistance
The ARP makes resources available to HUD to provide technical assistance to the PHAs
administering EHV assistance. Information regarding technical assistance for these EHVs
will be made available to PHAs in the near future.
18. Further Information.
Question concerning this notice should be submitted by email to the following HUD
mailbox: ehv@hud.gov.
46
19. Paperwork Reduction Act.
The information collection requirements contained in this notice have been approved by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C 35013520). In accordance with the PRA, 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. The following active information collections contained in
this notice have been approved under the PRA-OMB Control Numbers 2577-0169 and 2577-
0083.
_______________/s/_____________________
Dominique Blom
General Deputy Assistant Secretary
for Public and Indian Housing
47
Attachment 1
COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.
This chart summarizes the COVID-19 waivers/alternative requirements the PHA may choose to apply to its EHVs and the periods of
availability. PHAs must keep written documentation on the waivers applied by the PHA as well as the effective dates.
Waiver Code in Notice PIH Statutory and regulatory waivers Summary of alternative Availability Period Ends
2021-14 (see for details) requirements
PH and HCV-4 Statutory Authority Waives the requirement to use the 12/31/21
Family Income and Section 3(a)(1) income verification requirements,
Composition: Interim including the use of EIV, for
Examinations Regulatory Authority interim reexaminations
§§ 5.233(a)(2), 982.516(c)(2),
960.257(a), (b) and (d), 960.259(c)
Sub-regulatory Guidance
Notice PIH 2018-18
PH and HCV-5 Regulatory Authority Waives the mandatory EIV 12/31/21
Enterprise Income § 5.233 monitoring requirements
Verification (EIV)
Monitoring Sub-regulatory Guidance
Notice PIH 2018-18
HQS-1 Statutory Authority Changes initial inspection 12/31/21
Initial Inspection Section 8(o)(8)(A)(i), Section requirements, allowing for owner
Requirements 8(o)(8)(C) certification that there are no life-
threatening deficiencies
Where self-certification was used,
PHA must inspect as soon as
Regulatory Authority reasonably possible but no later 6/30/22
§§ 982.305(a), 982.305(b), 982.405 than 6/30/22.
1
Attachment 1
COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.
Waiver Code in Notice PIH Statutory and regulatory waivers Summary of alternative Availability Period Ends
2021-14 (see for details) requirements
HQS waiver does not include a
waiver of 24 CFR 35.15, visual
assessment for deteriorated paint
HQS-3 Statutory Authority Allows for extension of up to 30 12/31/21
Initial Inspection: Non-Life- Section 8(o)(8)(A)(ii) days for owner repairs of non-life
Threatening Deficiencies threatening conditions
(NLT) Option Sub-regulatory Guidance
HOTMA HCV Federal Register
Notice January 18, 2017
HQS-4 Statutory Authority Under Initial HQS Alternative 12/31/21
HQS Initial Inspection Section 8(o)(8)(A)(iii) Inspection Option - allows for
Requirement: Alternative commencement of assistance
Inspection Option Sub-regulatory Guidance payments based on owner
HOTMA HCV Federal Register certification there are no life-
Notice January 18, 2017 threatening deficiencies
Where self-certification was used, 6/30/22
PHA must inspect the unit as
soon as reasonably possible but
no later than 6/30/22.
HQS-6 Statutory Authority Waives the requirement for the 12/31/21
HQS Interim Inspections Section 8(o)(8)(F) PHA to conduct interim
inspection and requires
Regulatory Authority alternative method
§§ 982.405(g), 983.103(e) Allows for repairs to be verified
by alternative methods
HQS-9 Regulatory Authority Provides for a suspension of the 12/31/21
HQS Quality Control §§ 982.405(b), 983.103(e)(3) requirement for QC sampling
Inspections inspections
2
Attachment 1
COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.
Waiver Code in Notice PIH Statutory and regulatory waivers Summary of alternative Availability Period Ends
2021-14 (see for details) requirements
HQS-10 Regulatory Authority Waives the requirement that each Remains in effect one
Housing Quality Standards: § 982.401(d) dwelling unit have at least 1 year from beginning of
Space and Security bedroom or living/sleeping room lease term
for each 2 persons.
HCV-1 Administrative Plan Regulatory Authority Establishes an alternative 9/30/21
§ 982.54(a) requirement that policies may be
adopted without board approval
until 9/30/21
Any provisions adopted
informally must be adopted 12/31/21
formally by 12/31/21
HCV-2 Regulatory Authority Waives the requirement for an 12/31/21
Information When Family is §§ 982.301(a)(1), 983.252(a) oral briefing
Selected: PHA Oral Briefing Provides for alternative methods
to conduct required voucher
briefing
HCV-3 Regulatory Authority Allows PHAs to provide voucher 12/31/21
Term of Voucher: Extensions § 982.303(b)(1) extensions regardless of current
of Term PHA policy
Note that the initial term of the
EHV must be a minimum of 120
days (see section 9.m of this
notice)
HCV-4 Regulatory Authority Provides for HAP payments for 12/31/21
PHA Approval of Assisted § 982.305(c) contracts not executed within 60
Tenancy: When HAP days
Contract is Executed PHA must not pay HAP to owner
until HAP contract is executed
3
Attachment 1
COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.
Waiver Code in Notice PIH Statutory and regulatory waivers Summary of alternative Availability Period Ends
2021-14 (see for details) requirements
HCV-5 Regulatory Authority Allows for PHA discretion on 12/31/21
Absence from Unit § 982.312 absences from units longer than
180 days
PHAs must not make HAP
payments beyond 12/31/20 for
units vacant more than 180
consecutive days
HCV-6 Regulatory Authority Allows PHA to extend the period 12/31/21
Automatic Termination of § 982.455 of time after the last HAP
HAP Contract payment is made before the HAP
contract terminates automatically.
4
Attachment 2
Sample MOU Template
Memorandum of Understanding
[** This sample document demonstrates the Memorandum of Understanding requirements for
the administration Emergency Housing Voucher. Unless otherwise noted, all elements are
required. **]
This Memorandum of Understanding (MOU) has been created and entered into on [** Insert
execution date. **].
[PHA Name and Address]
[CoC Name and Address]
I. Introduction and Goals (the following elements, listed in a. – c., are required elements of the
MOU):
a. PHA and CoC’s commitment to administering the EHVs in accordance with all program
requirements.
b. PHA goals and standards of success in administering the program.
c. Identification of staff position at the PHA and CoC who will serve as the lead EHV
liaisons.
Lead HCV Liaison:
[Name and title of PHA staff position]
Responsibilities of the PHA EHV liaison [**Optional**].
[Name and title of CoC staff position]
Responsibilities of the CoC EHV liaison [**Optional**].
II. Define the populations eligible for EHV assistance to be referred by CoC.
1
III. Services to be provided to eligible EHV families
1. List the services to be provided to assist individuals and families have success in the
program and who will provide them.
[**The following services are listed for example purposes. **]
1. Partnering service providers will support individuals and families in completing
applications and obtaining necessary supporting documentation to support referrals and
applications for assistance; while aiding households in addressing barriers.
2. Partnering service providers will support PHAs in ensuring appointment notifications to
eligible individuals and families and will assist eligible households in getting to meetings
with the PHA.
3. PHAs will establish windows of time for EHV applicants to complete intake interviews
for EHV.
4. Partnering service providers will provide housing search assistance for eligible
individuals and families.
5. Partnering service providers will provide counseling on compliance with rental lease
requirements.
6. Partnering service providers will assess individuals and families who may require
referrals for assistance on security deposits, utility hook-up fees, and utility deposits.
7. Partnering service providers will assess and refer individuals and families to benefits and
supportive services, where applicable.
IV. PHA Roles and Responsibilities
[**The following responsibilities are listed for example purposes. **]
1. Coordinate and consult with the CoC in developing the services and assistance to be
offered under the EHV services fee.
2. Accept direct referrals for eligible individuals and families through the CoC Coordinated
Entry System.
3. Commit a sufficient number of staff and necessary resources to ensure that the
application, certification, and voucher issuance processes are completed in a timely
manner.
4. Commit a sufficient number of staff and resources to ensure that inspections of units are
completed in a timely manner.
5. Designate a staff to serve as the lead EHV liaison.
2
6. Comply with the provisions of this MOU.
V. CoC Roles and Responsibilities
[**The following responsibilities are listed for example purposes. **]
1. Designate and maintain a lead EHV liaison to communicate with the PHA.
2. Refer eligible individuals and families to PHA using the community’s coordinated entry
system.
3. Support eligible individuals and households in completing and applying for supportive
documentation to accompany admissions application to the PHA (i.e. self-certifications,
birth certificate, social security card, etc.).
4. Attend EHV participant briefings when needed.
5. Assess all households referred for EHV for mainstream benefits and supportive services
available to support eligible individuals and families through their transition.
6. Identify and provide supportive services to EHV families. (While EHV participants are
not required to participate in services, the CoC should assure that services are available
and accessible.)
7. Comply with the provisions of this MOU.
VI. Third Party Entity Roles Responsibilities
[**The following responsibilities are listed for example purposes. **]
1. Describe how the State, local, philanthropic, faith-based organizations, Victim Service
Providers or CoC recipients it designates will fulfill each of the following
responsibilities:
a. Outline resource and/or service being provided in support of the community’s
EHV Program. Commit a sufficient number of staff and necessary resources to
ensure that the application, certification and voucher issuance processes are
completed in a timely manner.
b. Comply with the provisions of this MOU.
VII. Program Evaluation
The PHA, and CoC or designated CoC recipient agree to cooperate with HUD, provide requested
data to HUD or HUD-approved contractor delegated the responsibility of program evaluation
protocols established by HUD or HUD-approved contractor, including possible random
3
assignment procedures.
[Signed and dated by the official representatives of the PHA, CoC, CoC Contractor organization
(if applicable), and third-party entities (if applicable.]
Signed by
________________________________________ ___________________
Executive Director, PHA Date
_______________________________________ ___________________
CoC Executive Director Date
4
Attachment 3 - Example of a Homeless Provider’s Certification
Emergency Housing Voucher (EHV)
HOMELESS CERTIFICATION
EHV Applicant Name: ______________________________________________
Household without dependent children (complete one form for each adult in the household)
Household with dependent children (complete one form for household)
Number of persons in the household: _________
This is to certify that the above named individual or household meets the following criteria based on
the check mark, other indicated information, and signature indicating their current living situation-
Check only one box and complete only that section
Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings,
streets/sidewalks)
The person(s) named above is/are currently living in (or, if currently in hospital or other institution,
was living in immediately prior to hospital/institution admission) 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 station, airport, or camp ground.
Description of current living situation:
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________
Homeless Street Outreach Program
Name:_________________________________________________________________________
This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a
program designed to serve persons living on the street or other places not meant for human habitation.
Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless
sites, etc.
Authorized Agency Representative Signature: _________________________________________
Date: ______________________
5
Living Situation: Emergency Shelter
The person(s) named above is/are currently living in (or, if currently in hospital or other institution,
was living in immediately prior to hospital/institution admission) a supervised publicly or privately
operated shelter as follows:
Emergency Shelter Program Name:
_____________________________________________________________
This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the most
recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the
CoC inventory (e.g., newly established Emergency Shelter).
Authorized Agency Representative Signature: _________________________________________
Date: ______________________
Living Situation: Recently Homeless
The person(s) named above is/are currently receiving financial and supportive services for persons who are
homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing
Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.)
Authorized Agency Representative Signature:
____________________________________________________________
This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most
recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the
CoC inventory.
Immediately prior to entering the household’s current living situation, the person(s) named above
was/were residing in:
emergency shelter OR a place unfit for human habitation
Authorized Agency Representative Signature: _________________________________________
Date: ______________________
6
Attachment #4 Example of a Victim Services Provider’s Certification
Emergency Housing Voucher (EHV)
SAMPLE HUMAN TRAFFICKING CERTIFICATION
Purpose of Form:
The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of
trafficking making housing, educational health care, job training and other Federally-funded social
service programs available to assist victims in rebuilding their lives.
Use of This Optional Form:
In response to this request, the service provider may complete this form and submit it to the Public
Housing Agency (PHA) to certify eligibility for EHV assistance.
Confidentiality: All information provided to the service provider concerning the incident(s) of human
trafficking shall be kept confidential and such details shall not be entered into any shared database.
Employees of the PHA will not have access to these details, and such employees may not disclose this
information to any other entity or individual, except to the extent that disclosure is: (i) consented to by
you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing
regarding termination of assistance; or (iii) otherwise required by applicable law.
TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR
EHV Applicant Name: ______________________________________________
This is to certify that the above named individual or household meets the definition for persons who
are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims
Protection Act of 2000.
Immediately prior to entering the household’s current living situation, the person(s) named above
was/were residing in:
_____________________________________________________________________________________
_______________________________________________________________________
7
This is to certify that the information provided on this form is true and correct to the best of my
knowledge and recollection, and that the individual(s) named above is/has been a victim of human
trafficking. I acknowledge that submission of false information could jeopardize program eligibility and
could be the basis for denial of admission, termination of assistance, or eviction.
Authorized Agency Representative Signature: ___________________ Date: __________________
8
Source: Legislative text reproduced verbatim
Plain English
PIH Notice 2021-15 establishes the operating framework for approximately 70,000 Emergency Housing Vouchers (EHVs) funded by the American Rescue Plan Act of 2021. Under this notice, EHVs are tenant-based rental assistance available exclusively to individuals and families who are homeless, at risk of homelessness, fleeing domestic violence or human trafficking, or recently homeless and at high risk of housing instability. The notice sets out how HUD allocates vouchers to public housing agencies (PHAs), how those agencies are funded through administrative and services fees, and key program rules including a prohibition on reissuing turnover EHVs after September 30, 2023.
Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026
Plain English — not legal advice.
For Property Managers
Property owners and managers operating in jurisdictions served by PHAs administering EHVs under PIH Notice 2021-15 should be aware that EHV families are referred through a Coordinated Entry system and may present with documentation or financial circumstances that differ from regular Housing Choice Voucher holders. Compliant operators generally cooperate with PHA inspections, accept HAP contracts under the same rent-reasonableness standards that apply to the regular HCV program, and understand that owner incentive or retention payments offered under Section 6 of the notice are separate from and do not affect the rent-to-owner calculation. Owners who participate may also be asked by the PHA to coordinate with a CoC case manager before pursuing eviction action against an EHV family.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For Tenants
Individuals and families who qualify under one of the four eligibility categories described in PIH Notice 2021-15—homeless, at risk of homelessness, fleeing domestic violence or human trafficking, or recently homeless—may be referred for an EHV through their local Continuum of Care Coordinated Entry system or a partnering victim services provider. Under this notice, PHAs are required to offer housing search assistance during the initial search period, which must be at least 120 days, and may provide additional support such as security deposit assistance, utility deposit help, and moving expense assistance through the services fee. Those who believe they qualify or whose referral has been delayed or denied may contact their local CoC, a tenant-rights organization, or HUD directly at ehv@hud.gov for information on available resources and next steps.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
Current
Oct 6, 2026
Click on timeline segments to view historical versions.
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.
Related Rules
§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.