On December 5, 2011, HUD published the final rule on the Definition of Homeless in the Federal Register. As this is the final rule, there is not a further comment period for the definition of homeless. The final rule on the Definition of Homeless went into effect on January 4, 2012. The purpose of this message is to provide links to resources that HUD has developed on the definition as well as answer a few basic questions on the implementation of the regulation. HUD will keep our grantees posted as new resources are developed.

Who Does This New Rule Apply To?
The rule applies to programs funded by HUD differently depending on the type of program (formula or competitive) and, for competitive programs, when your operating year begins. The final rule applies to:
1. All recipients of Emergency Solutions Grants (ESG) program funds.
2. All recipients of SHP and S+C funding awarded through the FY 2011 CoC Competition at the point that their renewal award takes effect. For example, a project with a start date of May 1 would be subject to the new definition regulation on May 1 when their 2011 renewal grant agreement takes effect.
3. This definition does not apply to HPRP programs or competitive projects that did not renew in the 2011 Continuum of Care competition.

How Does the Rule Define Homelessness?
The final rule on the Definition of Homeless establishes four categories under which an individual or family may qualify as homeless. The categories are:

1. Literally homeless – An individual or family who lacks a fixed, regular and adequate nighttime residence, meaning the individual or family has a primary nighttime residence that is a public or private place not meant for human habitation or is living in a publicly or privately operated shelter designed to provide temporary living arrangements. This category also includes individuals who are exiting an institution where he or she resided for 90 days or less who resided in an emergency shelter or place not meant for human habitation immediately prior to entry into the institution.

2. Imminent Risk of Homelessness – an individual or family who will imminently lose (within 14 days) their primary nighttime residence provided that no subsequent residence has been identified and the individual or family lacks the resources or support networks needed to obtain other permanent housing.

3. Homeless under other Federal Statutes – unaccompanied youth (under 25) or families with children and youth who do not otherwise qualify as homeless under this definition and are defined as homeless under another federal statute, have not had permanent housing during the past 60 days, have experience persistent instability, and can be expected to continue in such status for an extended period of time.

4. Fleeing/Attempting to Flee DV – any individual or family who is fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking.

Frequently Asked Questions—
For questions on the requirements set forth in this regulation, please visit the Virtual Help Desk on the HUD HRE. HUD has taken great care to anticipate questions and include as much detail in the regulations and notice as possible. Therefore, please make sure to read both documents, in their entirety, prior to submitting a question to the Help Desk, as this will reduce the duplicative questions and responses and increase the response time for questions that are not addressed in the regulation.



What Questions Has HUD Received On the Homeless Definition?
HUD has received many questions on the definition. Below are a few of the most frequently asked questions and the response we have provided. Please remember to submit questions that you may have to the Virtual Help Desk on the HRE located at: http://www.hudhre.info/index.cfm?do=viewHelpdesk. Select “CoC Policy” under the program/system dropdown and “Homeless Definition” under the Topic dropdown to be routed most quickly to the appropriate person who can answer your question.


Is an individual or family who qualifies as homeless under Category 2 (imminent risk of homelessness) or Category 3 (homeless under other federal statutes) eligible for permanent supportive housing under the SHP or S+C program?
While persons who meet the criteria of Category 2 or Category 3 of the homeless definition are defined as homeless, they are not eligible for permanent supportive housing through the SHP or S+C programs because they are not coming from the streets, emergency shelter, safe havens or transitional housing as required in the FY 2011 NOFA. All permanent housing projects funded in the FY 2011 CoC Competition must continue to abide by the limitation on permanent supportive housing set forth in the NOFA in Section III.E.2.d(3).


My SHP/S+C project received funding in FY 2011 CoC Competition and has an operating start date of January 1, 2011. Since the definition does not go into effect until January 4, 2011 can I use the new definition in my project?
SHP and S+C projects that received funding in FY2011 CoC Competition must use the revised definition when administering their projects. The definition published in the Federal Register on December 5, 2011 applies to all SHP and S+C projects funded in the FY 2011 CoC Competition, including those with an operating start date between January 1, 2012 and January 3, 2012.


Are SHP and S+C projects funded in the FY 2011 CoC Competition expected to use the amended definition of chronically homeless that was published in the amendments to the Consolidated Plan rule on December 5, 2011 in the Federal Register?
No, the amended definition of chronically homeless does not apply to projects funded in the FY 2011 CoC Competition. Projects funded in the FY 2011 CoC Competition should continue to use the definition of chronically homeless found in Section I.D.3 of the 2011 Continuum of Care NOFA.

SHP, S+C and SRO grants that expire between June 1, 2010 and May 31, 2011 must submit a Transition APR (TAPR) under the e-snaps Funding Opportunity: CoC Annual Performance Report.

All questions regarding the CoC Full APR should be submitted via the HUD HRE Virtual Help Desk.

Note from Bitfocus: We are still working with MetSYS to launch the new APR within our HMIS Software. We will post information as soon as it is available.

Thanks,
Robert Herdzik

The planned upgrade includes a reduction in the size of the database, which is expected to provide a noticeable increase in speed and overall performance, as well as corrections of issues recently experienced by our users.

Both the upgrade and maintenance should be conducted within an hour so we expect the system to be available by approximately 6:00 PM.