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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Rules and Regulations
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family means a veteran who is a single person or a family in which the head of household, or the spouse of the head of household, is a veteran, as defined in 38
CFR 62.2.
Through the SSVF program, VA is seeking to engage unsheltered veterans who typically have higher barriers to permanent housing placement. VA finds that in some high rental markets, particularly when working with high barrier households, 45 days was insufficient time to complete a permanent housing placement. To that end, we are increasing the current 45day limit, stated in 62.34f2, to 60
days. This increase will provide additional time in emergency housing to the most vulnerable veteran population of unsheltered veterans and their families.
Administrative Procedure Act The Administrative Procedure Act APA, codified at 5 U.S.C. 553, generally requires that agencies publish substantive rules in the Federal Register for notice and comment. These notice and comment requirements generally do not apply to a matter relating to agency management or personnel or to public property, loans, grants, benefits or contracts. 5 U.S.C. 553a2. However, 38 U.S.C. 501d requires that VA
comply with the notice and comment requirements in 5 U.S.C. 553 for matters relating to loans, grants, or benefits, notwithstanding section 553a2. Thus, as this rulemaking relates to the SSVF, VA is required to comply with the notice and comment requirements of 5
U.S.C. 553.
However, pursuant to section 553bB of the APA, general notice and the opportunity for public comment are not required with respect to a rulemaking when an agency for good cause finds and incorporates the finding and a brief statement of reasons therefor in the rules issued that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
In addition, section 553d of the APA
requires a 30-day delayed effective date following publication of a rule, except for 1 a substantive rule which grants or recognizes an exemption or relieves a restriction; 2 interpretative rules and statements of policy; or 3 as otherwise provided by the agency for good cause found and published with the rule.
In accordance with 5 U.S.C. 553bB
and d3, the Secretary has concluded that there is good cause to publish this rule without prior opportunity for public comment and to publish this rule with an immediate effective date to address the needs of service members
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and veterans who are homeless or at imminent risk of homelessness. Delay in the implementation of this rule would be impracticable and contrary to the public interest. More than 7 million adults currently live in households that are behind on rent payments. As of August 30, 2021, roughly 3.6 million individuals in the U.S. said they are very likely or somewhat likely to face eviction in the next two months, according to the U.S. Census Bureaus Household Pulse Survey. https
www.census.gov/data/tables/2021/
demo/hhp/hhp36.html. As seven percent of the population are veterans, this could mean nearly half a million veterans and their family members face eviction with tens of thousands becoming homeless. Earlier Centers for Disease Control and Prevention CDC
eviction moratoriums established to ameliorate this risk are no longer in effect. The results for those facing eviction and potential homelessness include serious and imminent risks to their health. The CDC reports, homelessness is closely connected to declines in physical and mental health;
homeless persons experience high rates of health problems such as HIV
infection, alcohol and drug abuse, mental illness, tuberculosis, and other conditions https www.cdc.gov/phlp/
publications/topic/resources/resourceshomelessness.html. Additionally, the CDC reports, people experiencing homelessness are disproportionately affected by COVID19. Homeless services are often provided in congregate group settings, which could make the spread of infection easier.
Because many people experiencing homelessness are older adults or have underlying medical conditions, they may also be at increased risk for severe illness from COVID19. https
www.cdc.gov/coronavirus/2019-ncov/
need-extra-precautions/
homelessness.html. These risks are now prevalent and, with the end of eviction moratoriums, cannot be forestalled.
Delays in issuing this interim rule will delay a potentially life-saving intervention.
On September 4, 2020, the CDC and the Department of Health and Human Services HHS published an Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions to prevent the further spread of COVID19. 85 FR
55292. This Order was effective from September 4, 2020, through December 31, 2020, and was extended until July 31, 2021. 86 FR 34010. On August 3, 2021, CDC issued a subsequent, more narrowly tailored eviction order to
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temporarily halt evictions in United States counties experiencing substantial or high rates of community transmission of COVID19. 86 FR 43244. The order was then challenged in the DC district court, which vacated the order on a nationwide basis, but stayed its judgment pending appeal. The Supreme Court then vacated the district courts stay, effectively ending the moratorium order. See Ala. Assn of Realtors v. Dept of Health and Human Servs., 594 U.S.
2021.
The Secretarys decision to increase the subsidy in 62.64a8 from 35% to 50% requires immediate effect to ensure rental supports are immediately available to very low-income veterans at-risk of becoming homeless, particularly given that the COVID19
pandemic, with its sustained adverse economic consequences, may have reduced or limited their personal resources.
The U.S. Department of Treasurys Emergency Rental Assistance Program EARP primarily pays rental arrears;
financial assistance for prospective rent payments is limited. Unlike the rental subsidy proposed by this regulation, ERAP would not make rent more affordable. The increased subsidy would be provided in addition to the ERAP
funds. Other state and local resources to assist veterans with rent, outside those that are federally supported such as ERAP, are very limited and not available or insufficient in most areas of the country. Many veterans and grantees report it has been difficult to access these resources. By making rent affordable, the rental subsidy proposed by this regulation allows veteran families to sustain their housing, giving landlords less cause to proceed with evictions.
Furthermore, widespread reports of soaring rental prices Rent Prices Are Soaring as Americans Flock Back to Cities Washington Post, July 10, 2021
will leave many veteran families at-risk even if rent arrears stemming from the COVID19 induced economic crisis have been paid by programs such as SSVF or ERAP. The low-income families served by SSVF will need the elevated levels of support to address the growing gap between their income and rental costs. The risk of becoming homeless will become particularly acute for many low-income families now that the CDC eviction moratorium is no longer in effect. Although eviction moratoriums remain in effect in a few states and municipalities, these policy responses are temporary and do not provide a permanent solution for protecting the vast majority of at-risk veterans who continue to face eviction
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