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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations case management. The absorption will also entail the availability of a HUD
VASH voucher and case management provision by the receiving PHAs partnering VAMC or DSP.

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3 Portability Moves Where Receiving PHA Is Beyond Catchment Area If a family wants to move to another jurisdiction where it will not be possible for the initial PHAs partnering VAMC
or DSP to provide case management services, the VAMC or DSP must first determine that the HUDVASH family could be served by another VAMC or DSP that is participating in this program, and the receiving PHA must have a HUDVASH voucher available for this family. In these cases, the family must be absorbed by the receiving PHA
either as a new admission upon initial participation in the HUDVASH
program or as a portability move-in after an initial leasing in the initial PHAs jurisdiction. Upon absorption, the initial PHAs HUDVASH voucher will be available to lease to a new HUD
VASH eligible family, as determined by the partnering VAMC or DSP, and the absorbed family will count toward the number of HUDVASH slots awarded to the receiving PHA.
When the receiving PHA completes the Family Report HUD50058 under the scenario described above, the action type that must be recorded on line 2a is 1 for a new admission a family that is new to the HCV program or 4 for a portability move-in a family that was previously leased up in the jurisdiction of the initial PHA. Whether the family is a new admission or portability movein, in section 12 of the HUD50058, line 12d is always marked Y. In cases of portability where families move out of the catchment area of the initial PHA, 12e must be 0 since the family must be absorbed, and 12f must be left blank.
4 Portability Moves Where Receiving PHA Is Beyond Catchment Area for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Veterans who request to port beyond the catchment area of the VAMC or DSP
where they are receiving case management to protect the health or safety of a person who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, and who reasonably believes himor herself to be threatened with imminent harm from further violence by remaining in the dwelling unit or any family member has been the victim of a sexual assault that occurred on the premises during the 90-calendar-day period preceding the familys move or request to move, may port prior to receiving approval
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from the receiving VAMC or DSP. The initial PHA must follow its emergency transfer plan as described in 24 CFR
5.2005e. PHAs may require verbal selfcertification or a written request from a participant seeking a move beyond the catchment area of the VAMC or DSP.
The verbal self-certification or written request must include either, a statement expressing why the participant reasonably believes that there is a threat of imminent harm from further violence if the participant were to remain in the same dwelling unit assisted under the PHA; or a statement that the tenant was a sexual assault victim and that sexual assault occurred on the premises during the 90-day period preceding the participants request for the move. The veteran escaping violence must be admitted to the VAMC or DSPs caseload. The participant must still port to a PHA that has a HUDVASH
program; if the receiving PHA does not have a HUDVASH voucher available to lease, they may bill the initial PHA until a HUDVASH voucher is available, at which point the porting veteran must be absorbed into the receiving PHAs program.
5 Portability Moves when Case Management Is No Longer Required If the family no longer requires case management, as determined by the VAMC or DSP, there are no portability restrictions. PHAs must follow the regulatory requirements for portability found at 24 CFR 982.355. When completing the HUD50058, the family will continue to be coded VASH on line 2n unless the family has been moved to a regular voucher, in which case the code in 2n would be left blank.
g. Case Management Requirements The VAMC or DSPs responsibilities include: 1 The screening of homeless veterans to determine whether they meet the HUDVASH program participation criteria established by the VA national office; 2 assisting veterans with the PHA application and assisting the veteran family with obtaining needed PHA documentation to ensure rapid voucher issuance; 3 referrals of homeless veterans to the PHA; 4
providing case management and supportive services to potential HUD
VASH program participants, as needed, prior to PHA issuance of rental vouchers; 5 providing housing search assistance to HUDVASH participants with rental vouchers; 6 identifying the social service and medical needs of HUDVASH participants and providing, or ensuring the provision of, regular ongoing case management, outpatient health services, hospitalization, and
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other supportive services, as needed, throughout this initiative; and 7
maintaining records and providing information for evaluation purposes, as required by HUD and the VA.
As a condition of HCV rental assistance, both tenant-based assistance and PBV, a HUDVASH eligible veteran must receive the case management services noted above, as needed, directly from or arranged by, the VAMC
or DSP. The VAMC or DSP, in consultation with the veteran, is responsible for determining if case management is required and if the case management requirement is satisfied.
If a veteran no longer requires case management, but maintains their HUD
VASH voucher assistance, the VAMC or DSP will maintain contact with the veteran family to provide support and planning assistance with the recertification and reinspection process.
The VAMC or DSP case manager will remain available to provide support to the veteran family, as needed.
h. Termination of Assistance There are two alternative requirements for termination of assistance for HUDVASH participants.
As detailed above, HUDVASH voucher assistance is contingent upon participation in case management, as required by the VAMC or DSP. If the VAMC or DSP has determined that a veteran is not participating in required case management, without good cause, the PHA must terminate the family from the HUDVASH program. However, a VAMC or DSP determination that the veteran does not require or no longer requires case management is not grounds for termination of voucher or PBV assistance. In such case, and at its option, the PHA may offer the family continued assistance through one of its regular vouchers, to free up the HUD
VASH voucher for another eligible family referred by the VAMC or DSP. If the PHA has no voucher to offer, the family will retain its HUDVASH
voucher, or PBV unit, until such time as the PHA has an available voucher for the family. If the family no longer requires case management, there are no portability restrictions. Normal portability rules apply.
Second, PHAs may terminate a family evicted from housing assisted under the program for a serious violation of the lease, but they are not required to do so.
As such, the regulation at 24 CFR
982.552b2 is amended to state, The PHA may terminate program assistance for a family evicted from housing assisted under the program for serious violation of the lease. Prior to terminating HUDVASH participants,
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