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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
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office section II.j.; 6 explanation regarding the application of HUD
VASH waivers and flexibilities to HUD
VASH PBV section II.k; 7 explanation of HUDVASH PBV exceptions under the Housing Opportunities Through Modernization Act HOTMA section II.k.; 8 explanation that when a HUD
VASH family is eligible to move from its PBV unit the family must be able to move with a HUDVASH tenant-based voucher section II.k.; and 9
additional explanation of the HUD
VASH reallocation process through voluntary moves between PHAs and voucher recapture for future reallocation section II.m..
This document does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition or new construction, or establish, revise or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19c1, this document is categorically excluded from environmental review under the National Environmental Policy Act of 1969 42 U.S.C. 4321.
a. Family Eligibility and Selection HUDVASH eligible families consist of homeless veterans and their families.
The Appropriations Acts have provided for statutory or regulatory waivers or alternative requirements upon a finding by the Secretary that such waivers or alternatives are necessary for the effective administration and delivery of voucher assistance except for requirements related to fair housing, nondiscrimination, labor standards, and the environment. The December 17, 2007, Explanatory Statement for the 2008 Appropriation Act provides, The Appropriations Committees expect that these vouchers will be made available to all homeless veterans, including recently returning veterans. 1 Section 8o19 of the United States Housing Act of 1937 USHA of 1937, which requires homeless veterans to have chronic mental illnesses or chronic substance use disorders with required treatment of these disorders as a condition of receipt of HUDVASH
assistance, is waived.
By agreeing to administer the HUD
VASH program, the PHA is relinquishing its authority to determine the eligibility of families in accordance with regular HCV program rules and 1 See, 153 Cong. Rec. H16514 daily ed., Dec. 17, 2007, https www.congress.gov/crec/2007/12/17/
CREC-2007-12-17-pt3-PgH16381.pdf.

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PHA policies with the exceptions of income eligibility and lifetime sex offender status. Specifically, under the HUDVASH program, PHAs will not have the authority to screen any potentially eligible family members or deny assistance for any grounds permitted under 24 CFR 982.552 broad denial for violations of HCV program requirements and 982.553 specific denial for criminal activity and alcohol abusers, with one exception. PHAs will still be required to prohibit admission if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. However, unless the family member that is subject to lifetime registration under a state sex offender registration program is the homeless veteran which would result in denial of admission for the family, the remaining family member/s may be served if the family agrees to remove the sex offender from its family composition.
Accordingly, HUD is exercising its authority to waive 42 U.S.C. 1437ds;
42 U.S.C. 13661a, b, and c; and 24
CFR 982.552 and 982.553 regarding the denial of admission, except for 982.553a2i, which requires denial of admission to certain registered sex offenders. These provisions also apply to PBV assistance.
Eligibility determination and veteran selection is done by the VAMC, DSP, or the PHA, as described later in this section. In the case of the VAMC or DSP, HUDVASH eligible families are referred to the partnering PHA for the issuance of a voucher or selection for a PBV unit. As stated above, the PHA
must accept these referrals, and written documentation of these referrals must be maintained in the tenant file at the PHA.
PHAs are not authorized to maintain a waiting list or apply local preferences for the HUDVASH program. Instead, VA case managers refer HUDVASH
eligible families to the PHA for the issuance of a HUDVASH voucher or project-based assistance. If a HUD
VASH-eligible family is referred and there is an available PBV unit that is not exclusively made available to HUD
VASH families, the PHA may also offer to refer the family to the owner for occupancy of that unit if allowable under the selection policy applicable to that project, and the owner and PHA
may amend the PBV HAP contract to designate the PBV unit as a HUDVASH
PBV unit. Accordingly, sections 8o6A and B and 8o13J of the USHA of 1937, 42 U.S.C. 1437fo6A
and B and o13J, regarding preferences, have been waived to provide for the effective administration
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of the program. In addition, 24 CFR
982.202, 982.204, 982.207, and 983.251
relating to applicant selection from the waiting list and local preferences, are also waived. Section 983.251a4, which disallows renting to relatives except when it may be necessary as a reasonable accommodation, is not waived. Note that 24 CFR 982.202b3
Family characteristics; 24 CFR
982.202d Admission policy; and 24
CFR 983.251a3 VAWA applies to admission to the project-based voucher program continue to apply. Sections 982.203, 982.205, and 982.206 regarding special admissions, cross-listing of the waiting list, and opening and closing the waiting list do not apply to the HUDVASH program.
The VA may approve a PHA with unleased HUDVASH vouchers as a DSP for the purposes of veteran selection and intake. This DSP approval allows a PHA to issue a HUDVASH
voucher to a veteran without a referral from the VA. The PHA is responsible for determining the veteran is eligible for VA HUDVASH case management. The PHA must refer the veteran to the VA
for case management and must provide temporary case management until the VAMC has completed intake of the veteran. PHAs approved under this authority must ensure that while using unleased HUDVASH vouchers, they maintain sufficient HUDVASH
vouchers available to immediately issue a HUDVASH voucher to veterans referred by the VA. HUD and the VA
will publish further guidance on the requirements for a PHA to be approved and additional details necessary for PHAs to implement this provision. Until such guidance is issued, PHAs may not be approved as DSPs.
Regarding verifying Social Security Numbers SSN for homeless veterans and their family members, an original document issued by a federal or state government agency which contains the name of the individual and the SSN of the individual along with other unique identifying information of the individual is acceptable in accordance with 24 CFR 5.216g. In the case of the homeless veteran, the PHA must accept the Certificate of Release or Discharge from Active Duty DD214 or the VAverified Application for Health Benefits 1010EZ as verification of SSN and cannot require the veteran to provide an SSN card. These documents must also be accepted for proof of age purposes in lieu of birth certificates or other PHArequired documentation. Please note that veterans are also issued photo identification cards by the VA. If such identification is required by the PHA, these cards must be accepted by the
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