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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
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The Appropriations Acts have required HUD to make such funding available, notwithstanding section 204
competition provision of this title, to PHAs that partner with eligible VAMCs or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, PHA administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs.
Based on this language, the allocation of HUDVASH vouchers have been a collaborative, data-driven effort conducted by HUD and the VA. The HUDVASH allocation formula relies on several pieces of data which include HUDs point-in-time data submitted by Continuums of Care and VA data on contacts with homeless veterans. PHA
and VA performance is also taken into consideration.
Additional information on program requirements and procedures may be found on the HUDVASH website at HUDVASH website.
II. Special Rules for the HUDVASH
Voucher Program This section sets forth the design features of the HUDVASH program, including family eligibility, portability, case management, and the turnover of these vouchers. This document replaces the special rules published in the Federal Register on March 23, 2012 77
FR 17086. The FY20082021
Appropriations Acts stated that the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs may waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph except for requirements related to fair housing, nondiscrimination, labor standards, and the environment upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, that assistance made available under this paragraph shall continue to remain available for homeless veterans upon turnover.
This document outlines below the waivers or alternative requirements determined by the Secretary to be necessary for the effective delivery and
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administration of the HUDVASH
program. These waivers or alternative requirements are exceptions to the normal HCV requirements, which otherwise govern the provision of HUD
VASH assistance. In addition, a PHA
may request additional statutory or regulatory waivers that it determines are necessary for the effective delivery and administration of the program. These requests may be submitted to the Secretary for review and decision through the Assistant Secretary for Public and Indian Housing through the regular waiver process.
HUDVASH vouchers under this part are administered in accordance with the HCV tenant-based and project-based rental assistance regulations set forth at 24 CFR part 982 and 983, respectively.
In both programs, the PHA pays monthly rental subsidies so that eligible families can afford decent, safe, and sanitary housing, secure from threats of danger, harm, or loss. HUD provides housing assistance funds to the PHA, as well as funds for PHA administration of the program.
Under the HCV program, families select rent units that meet program housing quality standards HQS. If the PHA approves a familys unit and tenancy, the PHA contracts with the property owner to make monthly subsidy payments housing assistance payments directly to the owner on behalf of the family . The family enters a lease with the owner and pays its share of the rent to the owner in accordance with the lease. Under the HCV tenant-based voucher TBV
program, the housing assistance payments HAP contract between the PHA and the owner covers only a single unit and a specific assisted family. If the family moves out of the leased unit, the HAP contract with the owner terminates. The family may generally move to another unit with continued assistance so long as the family is complying with program requirements.
Under the project-based voucher PBV program, families occupy units under a PBV HAP contract. Generally, there are multiple units under the PBV
HAP contract. In many cases supportive services are provided on-site. All the PBV requirements in 24 CFR part 983
apply except where waived as described below.
Unless expressly noted below, all regulatory requirements and HUD
directives regarding the HCV TBV and PBV programs are applicable to HUD
VASH vouchers, including the use of all HUD-required contracts and other forms. The PHAs local discretionary policies adopted in the PHAs written administrative plan apply to HUD

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VASH vouchers unless such local policy conflicts with the requirements of the HUDVASH vouchers outlined below.
PHAs are required to maintain records that allow for the easy identification of families receiving HUDVASH
vouchers. PHAs must identify these families in the Information Management System/Public and Indian Housing Information Center IMS/PIC. This record-keeping will help ensure that, in accordance with appropriations renewal language, HUDVASH vouchers that are in use will remain available for homeless veterans upon turnover.
The alternative requirements established in this Notice apply to all PHAs that administer HUDVASH
vouchers, including those that have not received an allocation of HUDVASH
vouchers, but administer these vouchers as a receiving PHA under the portability feature of the HCV program.
The new waivers and program flexibilities include: 1 New authorization allowing a PHA to act in the role of the VAMC or DSPs for the purposes of family selection in cases where the PHA has been previously approved for this authority section II.a.; 2 new allowance for a PHA and owner to agree to amend a PBV HAP
contract to re-designate a regular PBV
unit as a unit specifically designated for HUDVASH families section II.k; 3
new authorization for PHAs to apply separate payment standards for HUD
VASH families without additional HUD
approval section II.o.; and 4 new requirement that PHAs must allow Special Housing Types for HUDVASH
section II.p..
The updates made to existing requirements include: 1 Allowing PHAs to house HUDVASH veterans referred by the VA in a project-based voucher unit without selecting from the PHAs waiting lists or applying local preferences section II.a; 2 additional explanation regarding the process for portability moves for victims of domestic violence, dating violence, sexual assault, and stalking section II.f;
3 additional details regarding case management requirements from the VAMC or DSP section II.g; 4
explanation that, in the case of a family break-up, the HUDVASH assistance must stay with the HUDVASH veteran;
however, in the case of domestic violence, dating violence, sexual assault, or stalking in which the HUD
VASH veteran is the perpetrator, the victim must continue to be assisted section II.h.; 5 explanation that a Moving to Work MTW PHA can apply their approved MTW provisions to their HUDVASH program with approval from HUDs Housing Choice Voucher
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