Proposed Rule on HUD Definition of Homelessness - Comments Due June 21, 2010

LAST UPDATED: May 10, 2010

Background: Last year, Congress passed legislation (the HEARTH Act) that amends the Homeless Assistance Programs administered by the U.S. Department of Housing and Urban Development (HUD). The HEARTH Act instructed HUD to issue regulations to implement the changes to the HUD homeless definition. HUD published these draft regulations in the Federal Register on April 21st. The public now has the opportunity to provide comments to HUD; HUD is required to review these public comments prior to issuing final regulations. The deadline for providing comments on the draft HUD regulation on the definition of homelessness is June 21st, 2010.

Significance: The HUD regulations will determine how government agencies, Continuums of Care, and nonprofit homeless service providers will be required to determine eligibility for HUD homeless assistance programs. The HUD definition adopted by Congress is complicated, with a number of important terms left undefined; therefore, how HUD chooses to interpret it in regulations is extremely important.

Recommend Action: Please read the analysis below carefully and submit comments that express your views. In doing so, please note that HUD cannot change the underlying law; rather, HUD's role is to interpret the law and implement it. Therefore, comments to HUD should emphasize how HUD has interpreted the law in ways that are contrary to the statute; are unnecessary for meeting statutory requirements; fail to consider statutory requirements or important considerations; are detrimental to children, youth, and families; or are difficult and burdensome to implement on the local level. NAEHCY strongly urges each organization to submit its own comments, on its own letterhead, rather than circulating "sign-on" letters.

How to Submit Comments: HUD strongly encourages comments to be submitted electronically through www.regulations.gov. Please note that all comments must refer to the docket number and the title of the rule. The Docket number is [Docket No. FR-5333-P-01] RIN 2506-AC26 and the title of the rule is: Homeless Emergency Assistance and Rapid Transition to Housing: Defining "Homeless."

Analysis: The chart on this document (a Microsoft Word document) summarizes the three elements of HUD's proposed regulations that are most problematic from a child, youth, and family perspective. NAEHCY, in collaboration with our national partners, offers this analysis to provide a framework and language that you can include in your comments. We also encourage you to use specific local examples, data, and experiences to support your arguments.

To Read the Proposed Rule: HUD's proposed rule on the HUD definition of homelessness may be found online atthis Federal Register notice.

For More Information:

Please contact Barbara Duffield at bduffield@naehcy.org or (202) 364-7392.