81 FR 87948 - Implementation of the Tribal HUD-VA Supportive Housing Program; Technical Correction

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 234 (December 6, 2016)

On October 21, 2015, HUD published in the Federal Register a notice that set forth the policies and procedures for the administration of a supportive housing and rental demonstration called the Tribal HUD-VA Supportive Housing program (Tribal HUD-VASH). Today's Federal Register notice makes technical corrections to the October 21, 2015, notice to clarify the program's intent and to address various issues that have risen during the implementation of the program.

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87948-87949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29211]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR 5889-N-03]


Implementation of the Tribal HUD-VA Supportive Housing Program; 
Technical Correction

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice, technical correction.

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SUMMARY: On October 21, 2015, HUD published in the Federal Register a 
notice that set forth the policies and procedures for the 
administration of a supportive housing and rental demonstration called 
the Tribal HUD-VA Supportive Housing program (Tribal HUD-VASH). Today's 
Federal Register notice makes technical corrections to the October 21, 
2015, notice to clarify the program's intent and to address various 
issues that have risen during the implementation of the program.

DATES: Effective Date: December 6, 2016.

FOR FURTHER INFORMATION CONTACT: Heidi J. Frechette, Deputy Assistant 
Secretary, Office of Native American Programs, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 7th 
Street SW., Room 4126, Washington, DC, 20410, telephone number (202) 
402-7914. (This is not a toll-free number.) Hearing- or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 21, 2015 (80 FR 63822), HUD published in the Federal 
Register a notice that set forth the policies and procedures for the 
administration of a supportive housing and rental demonstration called 
the Tribal HUD-VASH. As described in the October 21, 2015, notice, HUD 
made $4 million in grant funding available to Indian tribes and 
tribally designated housing entities (TDHEs) to fund this rental 
assistance and associated administrative fees. Under Tribal HUD-VASH, 
Indian tribes and TDHEs participating must partner with the Department 
of Veterans Affairs (VA) to provide healthcare assistance to eligible 
Native American veterans. On March, 2, 2016 at 81 FR 10880, HUD 
published a notice in the Federal Register that announced the 
availability of additional funding for Tribal HUD-VASH and the tribes/
TDHEs selected for the program. In total, 26 tribes/TDHEs were awarded 
$5.9 million in funding.
    The purpose of this notice is to make technical corrections to the 
October 21, 2015, Federal Register notice detailing the Implementation 
of the Tribal HUD-VA Supportive Housing Program to clarify the 
program's intent and to address issues that have risen during the 
implementation of the program.

II. Technical Corrections

A. Section II. Definitions

    A review of this section has caused HUD to add a definition of 
``privately-owned housing.'' HUD is adding this definition to clarify 
the difference between privately-owned housing and tribally-owned 
housing since it is possible for a housing unit owned by the tribe to 
be leased by a Tribal HUD-VASH Veteran participant. Accordingly, on 
page 63823 under section II, captioned ``Definitions,'' HUD corrects 
the October 21, 2015, notice by adding alphabetically the definition of 
``privately-owned housing to read as follows:
    Privately-owned housing--Privately-owned housing is any unit not 
directly owned by the Tribal HUD-VASH grantee. Accordingly, in 
situations where the TDHE is the Tribal HUD-VASH grantee, but the unit 
is owned by another tribal organization (such as the tribe), the unit 
would be considered privately-owned for purposes of this program.

B. Section VI. Subsection B. (Native American Veteran Eligibility)

    1. HUD's review of Section VI.B. of the October 21, 2015, notice 
revealed a lack of clarity in determining income eligibility for 
program participants. Accordingly, on page 63826 under section VI.B.4., 
HUD corrects the October 21, 2015, notice by replacing the second 
sentence of paragraph 4.b. to read as follows:
    ``To be eligible, a Veteran household's annual income must be no 
more than 80 percent of the greater of the median income for the Indian 
area, or the median income for the United States as prescribed by 
Section 4(15) of NAHASDA.''
    2. Additionally, HUD is providing a new section under item 4.c. to 
provide tribes/TDHE's with information about the exclusion of certain 
Veteran's benefits from income calculations to read as follows. 
Accordingly, on page 63826 under section VI.B.4.c, HUD corrects the 
October 21, 2015, notice by adding new paragraph to read as follows:
    ``Annual income is used to determine program eligibility under 
NAHASDA. Per PIH Notice 2011-15, Veteran compensation for service-
connected disability or death under title 38 U.S.C. chapter 11 and 
dependency and indemnity compensation for service-connected deaths 
under title 38 U.S.C. chapter 13 are excluded from income. Refer to 
NAHASDA Program Guidance 2013-05 for more information on calculating 
income.''

C. Section VI. Subsection H. (Rent)

    HUD has determined it needs to revise section VI.H. to establish 
guidelines determining unit bedroom size for the program and clarify 
how to determine the amount of rental assistance when, the bedroom 
sizes of the available housing stock exceed the Veteran family's need 
for bedrooms. Accordingly, on page 63827 under section VI.H., HUD 
corrects the October 21, 2015, notice by redesignating

[[Page 87949]]

paragraph H. to be H.1. and by adding paragraph H.2. to read as 
follows:
    ``2. Bedroom size must be determined based on the number of family 
members living in the household, not on the number of bedrooms in the 
unit to be rented. Guidelines for determining unit size are one bedroom 
for each two persons within the household, except:
    a. Persons of the opposite sex (other than spouses, and children 
under age 5) are not required to share a bedroom;
    b. Persons of different generations are not required to share a 
bedroom;
    c. Live-in aides must be allocated a separate bedroom. No 
additional bedrooms will be provided for the live-in aide's family; and
    d. Single person families must be allocated zero or one bedroom.

Therefore, in situations where the available housing has more bedrooms 
than necessary for the family size and composition, the rental 
assistance payment must be limited to the number of bedrooms based on 
the guidelines listed above. If a grantee chooses to ``over house'' a 
Veteran family by placing the family in a larger unit than the family 
requires under the above guidelines, the maximum amount of Tribal HUD-
VASH funds that can be used to house the Veteran family is the rent for 
a unit sized in accordance with the guidelines, and in accordance with 
Section VI., subsection H of this notice. Any additional rental costs 
due to over housing cannot be funded with Tribal HUD-VASH or regular 
Indian Housing Block Grant (IHBG) funds, but can be funded by other 
resources. In addition, Tribes/TDHEs may want to consider shared 
housing arrangements in situations where appropriate-sized housing is 
limited, but where individual Veterans could have a separate bedroom 
and share common areas.''

D. Section VI. Subsection L (Affordability Periods and Binding 
Commitments)

    HUD has determined that this subsection is too restrictive when 
project-based housing is being used to house eligible homeless Native 
American Veterans. As a result, HUD is removing this requirement and 
deleting Section VI.L of the October 21, 2015, Notice.

    Dated: November 28, 2016.
Lourdes Castro Ram[iacute]rez,
Principal Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2016-29211 Filed 12-5-16; 8:45 am]
 BILLING CODE 4210-67-P