FIRST – COME
FIRST – SERVED PROGRAM GUIDELINES
TOWN
OF BROOKHAVEN HOME ARP
RENTAL
ASSISTANCE PROGRAM
PROGRAM SUMMARY:
The
Town of Brookhaven (the “Town”) Rental Assistance Program (the “Program”) is intended
to provide rental assistance to foster housing stability to “Qualifying Populations.” The
Long Island Housing Partnership (“LIHP”) has been retained to administer the Program. The
funds are provided through the U.S. Department of Housing and Urban Development
(“HUD”), pursuant to the American Rescue Plan. There
are limited funds available. Therefore,
the program will be first-come
first-served until the funds are exhausted.
APPLICATIONS MAY ONLY BE SUBMITTED ONLINE BEGINNING AT 11:00 AM ON AUGUST
1, 2024.
THE SUBMISSION PERIOD WILL BE OPEN UNTIL FURTHER NOTICE. PLEASE CONSULT LIHP’S WEBSITE FOR UPDATED
INFORMATION.
If you
have any questions regarding any of the Program Guidelines, or need language or
other assistance, including translation and/or oral interpretation services,
please email LIHP at info@lihp.org before applying. Si tiene alguna pregunta con respecto a cualquiera de las Pautas del
Programa, o necesita asistencia lingüística o de otro tipo, incluidos servicios
de traducción y/o interpretación oral, por favor envíe un correo electrónico a
LIHP a info@lihp.org antes de presentar la solicitud.
DISCLAIMERS:
The
submission of an Application or other documents for this program does not
constitute acceptance, approval of minimum qualification criteria, or a
guarantee of a program award. All
information and documentation must be subsequently submitted and reviewed for
eligibility. Households who provide misleading or false information or who apply
more than once for the program (even under a different family member) will be
disqualified.
The
Program Guidelines and criteria are based upon current requirements and
guidance issued by HUD and approved by the Town. Applicants are advised that the Program
Guidelines are subject to change, at any time and from time to time, without prior
notice, based upon needs, requirements, interpretations, and regulations, as
the same may be determined by HUD and/or the Town. LIHP and/or the Town may request additional or
different documentation as may be acceptable to the Town/LIHP in their sole
discretion. Awards are subject to
funding availability whether or not a notice of award was provided.
TYPES OF RENTAL
ASSISTANCE:
Rental
assistance will be available as follows:
1)
Supportive services in the form of Rental
Arrears and Late Fees (6-month maximum; accrued arrears payable in 1 lump sum
payment)
2)
Tenant Based Rental Assistance in the form of Prospective
Rent Payments (12-month maximum, payable in monthly installments)
3)
Tenant Based Rental Assistance in the form of Rental
Security Deposits (1-month maximum)
NOTE:
Applicants cannot receive both arrears assistance and prospective rent/security
deposit assistance.
NOTE: Applicants
seeking Prospective Rent Assistance under the category of “At-Risk of
Homelessness (QP-2)” or “Other Populations (QP-4)” and who are in arrears on
their current residence will only be reviewed for Prospective Rent if they have
received a Notice of Eviction for their current residence.
QUALIFYING
POPULATIONS:
An applicant must be a member of one of the following Qualifying
Populations (QP):
QP1: Homeless (pursuant to 24 CFR
91.5 (1), (2) and (3))
QP2: At-Risk of
Homelessness as defined at 24 CFR 91.5
QP3: Fleeing, or
Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault,
Stalking, or
Human Trafficking
QP4: Other
Populations
Each of the above QPs is further defined on Schedule A.
APPLICANT ELIGIBILITY REQUIREMENTS:
- Applicants must be a member of a Qualifying
Population (as defined below). LIHP will verify such status
- Applicant must currently reside or will
reside in a rental unit in the Town of Brookhaven (including Villages)
- If income limits apply, applicant must
have household income at or under the required Area Median Income (“AMI”) for
Nassau/Suffolk County as established by HUD and adjusted for household size, at
the time assistance is received. Please see the chart below under INCOME LIMITS
- Applicants
must be a US citizen or Qualified Alien, as defined at 8 USC 1641
INELIGIBLE
APPLICANTS:
The
following applicants are ineligible to receive assistance under the Program:
- Employees or agents of LIHP, the
landlord, or the landlord’s property management company
- Applicants who are related to the
landlord or any principal of the landlord or property management company by
blood or marriage
- Employees or agents of the Town
- For prospective rent and security
deposits only - Participants who receive a rental housing subsidy. This includes but is not limited to: Section
8 Housing Choice Voucher Program, Project Based Housing, Public Housing, or
other government-based rental assistance programs, such as VASH (Veterans
Affairs Supportive Housing). Households with a rental housing subsidy who have
suffered a loss of income should contact their housing voucher provider for
assistance.
RENT
CAP:
Rent for the unit cannot exceed the monthly amount
set forth below based on the 2024 HUD Fair Market Rent Standard by unit type.
Efficiency
|
One Bedroom
|
Two Bedroom
|
Three Bedroom
|
Four Bedroom
|
$1,878
|
$2,358
|
$2,758
|
$3,571
|
$3,873
|
If unit rent exceeds the amounts set forth above,
the applicant will be removed
from the waitlist and the file closed.
The maximum rents are subject to change without notice as per Town
requirements. Any such change will be applicable for applications for which a
final determination has not been issued and shall not apply to any applications
for which a final determination of eligibility has been issued (unless the Town
determines otherwise).
UNIT REQUIREMENTS:
- Rental unit must be located in the Town
of Brookhaven (including Villages)
- The unit must have a valid rental permit
or operational authority issued by the Town or applicable municipality. The
Town will verify.
- The unit must meet Lead Based Paint (“LBP”)
inspection criteria as required by the Town and HUD, if applicable. The Town will assess as applicable.
- The unit must comply with all housing
quality standards (“HQS”) required by HUD and/or set forth at 24 CFR 982.401. For units that are HOME or HOME ARP assisted,
the Town may rely upon a current HQS inspection issued by a HUD certified HQS
inspector. The Town and/or its authorized agents will conduct the HQS inspections.
The town, and/or their agents, must be provided access to the premises and unit
for purposes of performing HQS inspections.
- Single room occupancy units are not
eligible under the Program
LEASE REQUIREMENTS:
·
For arrears: The Lease may be oral or
written. If the Lease is written, a current
fully executed copy must be provided. If the Lease is oral, the agreement and
the rent owed must be documented by the owner's financial records, rent
ledgers, or canceled checks [see 24 CFR 576.106 (g)]
·
For
prospective rent and Security Deposit: A written lease for a period of not less than one year must be executed by tenant
and landlord
·
For all assistance: A Lease Addendum
must be executed by tenant and landlord that includes all requirements that
apply to tenants, the owner or the Lease under 24
CFR part 5, subpart L (Protection for Victims of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking), as supplemented by 24
CFR 576.409, including the prohibited bases for eviction
and restrictions on construing lease terms under 24
CFR 5.2005(b) and (c).
REQUIREMENTS FOR ASSISTANCE:
- The landlord is required to participate
and to submit a Landlord Participation Agreement
- The landlord and tenant must execute a Rental Assistance Agreement
with the Town to participate in the Program. The Rental Assistance Agreement
will set forth the terms under which the
assistance will be provided and will contain other required provisions
including a requirement that the landlord provide LIHP and the Town with a copy
of any notice to the tenant to vacate or to evict.
- Landlord and tenant must execute the Lease Addendum
- Landlord must also provide the following documents:
- W-9 Form
- Current Rent Ledger (if applicable)
PAYMENT TERMS:
Payment will be made directly from the
Town and only to the owner of record as verified by the Town. Security deposits
must be maintained by owner in a separate interest-bearing account pursuant to
all applicable laws.
- Arrears: A one-time lump-sum
payment of up to 6-months of rental arrears may be paid, including any late
fees on the arrears.
- Prospective Rent: Monthly payments following written confirmation from owner that tenant
still resides in the unit
- Security Deposit: A one-time lump-sum
payment for up to one-months’ rent
- Final funding of award under the Program
is subject to approval of the Town.
- There can be no duplication of
benefits. Please see the section
entitled “DUPLICATION OF BENEFITS.”
DOCUMENTATION
REQUIREMENTS FOR QUALIFYING POPULATIONS:
Applicants are required to provide
documentation necessary to verify their status as a member of a Qualifying
Population. LIHP shall request such documentation as it may deem necessary or
desirable including, without limitation, the documentation and verification
requirements set forth in the attached HUD HOME ARP QUALIFYING POPULATIONS: DOCUMENTATION
REQUIREMENTS MANUAL attached as Schedule B. During the application process,
applicants will be contacted by LIHP and/or its program partners, to obtain
such documentation and to verify status.
PROGRAM PARTNERS:
LIHP has engaged with the following
organizations to assist with applicant review and eligibility: Brighter
Tomorrows, Inc. and Long Island Coalition for the Homeless.
Long Island Coalition for the Homeless Brighter
Tomorrows
600 Albany Avenue P.O
Box 706
Suite 2 Shirley,
NY 11967
Amityville, NY 11701 (631)
395-1800 ext. 110
(631) 464-4314
INCOME LIMITS (IF APPLICABLE):
Funds are intended to primarily
benefit households based on their status as "Qualifying Populations,”
without meeting additional criteria (such as additional income criteria).
However, if income limits apply, please see chart below.
Household
Size
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
30%
|
$32,800
|
$37,500
|
$42,200
|
$46,850
|
$50,600
|
$54,350
|
$58,100
|
$61,850
|
50%
|
$54,700
|
$62,500
|
$70,300
|
$78,100
|
$84,350
|
$90,600
|
$96,850
|
$103,100
|
Income
includes all gross household income – earned income/wages, overtime,
unemployment, bonuses, pensions, social security, 401K distributions, tips,
interest on bank accounts, etc. Income
cannot exceed the maximum annual income for your household size. The
limits above are based on the 2024 HUD “uncapped” income limits and will be
automatically adjusted upon issuance of updated HUD income limits. Income limits are subject to adjustment for
rounding and annual reassessment. The
foregoing is subject to change as per HUD and the Town without notice. Income is determined at the time of
assistance and will be projected forward 12-months
Household income of HOME-ARP rental unit tenants must be
determined following the requirements at 24 CFR 5.609 (Section 8/HCV income
calculation) unless the household is assisted by a state or federal project
based rental subsidy or receiving federal tenant-based rental assistance. When
a unit is assisted by a state or federal project-based rental subsidy or a
household is receiving a federal tenant-based subsidy (e.g., Housing Choice Voucher),
then the income determination of the public housing agency or Section 8 project
owner will be accepted.
FIRST-COME
FIRST-SERVED APPLICATION PROCESS:
As funds are limited, Applications will be accepted on a first-come first-served basis. To be placed on the waitlist and ranked for eligibility for the
Program, applicants must apply and submit documentation within the required
timeframe. Applications are available as
set forth below. Applicants who submit the Application within
the time required will be “conditionally” placed on the waitlist in the order
received. Submission of the Application does not guarantee eligibility for the
Program.
WHERE TO GET AND HOW TO SUBMIT AN APPLICATION:
Applications
are available online at www.lihp.org/BrookhavenRentalAssistance.html. Only one Application is allowed per household.
ELIGIBILITY
REVIEW PROCESS:
During each Step, LIHP and/or its
program partners may request additional information and/or documentation to
verify applicant eligibility. Applicant will be required to comply with such
requests and any timeframes established to provide such information/documentation
or applicant will be deemed ineligible, subject to a right to appeal (if
applicable).
Step 1: Submission of Application
and Documentation
Each applicant
must submit the following initial documentation:
1)
Completed
Application
2)
Copy of a
valid driver’s license or valid photo ID for the Applicant
3)
Copy of Qualified Alien status, if not a U.S. citizen
Step 2: Review of Status and Eligibility
as Qualifying Population
The
applicant will be initially reviewed for preliminary Program eligibility based
upon information provided in the Application.
This will involve
contacting the applicant and/or their caseworkers to clarify their situation
and needs as well as requiring additional documentation, as LIHP shall
determine, including, without limitation, self-certification as to status
within a Qualifying Population. If
income limits apply to the applicants, then income documentation will be
requested and reviewed. If other household members are identified then
documentation regarding such household members may be requested. During this
process, LIHP may engage one of its program partners to assist with outreach to
the applicant and verification of status.
If determined to be ineligible, LIHP
will notify the applicant by email and the applicant will be deemed ineligible,
subject to a right to appeal. If eligible, applicant will be deemed to be
“Preliminarily Eligible” and shall proceed to Step 3.
Step 3 – Landlord Participation/Verification
of Valid Rental Permit
Step
3 (a): For Applicants with Existing Leases- Landlord Participation
For applicants with existing leases
or rental obligations, LIHP will contact the landlord stated in the Application who will be required to submit a
Landlord Participation Agreement
and required documentation, as applicable (e.g., Current rent ledger, W-9 Form, current lease)
Landlord will then have ten (10)
calendar days from the date of the notice from LIHP to submit ALL such
documentation to LIHP. If ALL required documentation is not received by LIHP within
the timeframe required, then applicant will be removed from the waitlist and the file closed. Applicant will be notified of removal from
the waitlist by email.
NOTE: Failure of the existing landlord
to participate by submitting the Landlord Participation
Agreement within the stated timeframe is NOT appealable.
Step 3 (b): For Applicants with No
Existing Lease - Landlord Participation
For
applicants with no existing lease, applicants are required to identify a rental
unit and landlord that meets
the Program requirements within a 60-calendar day period of notice that they are Preliminarily
Eligible. LIHP may engage with its
program partners who will work
with applicant to identify a rental unit and landlord that meets the Program requirements.
Once
identified, LIHP will contact the landlord who will be required to submit a
Landlord Participation
Agreement and required documentation, as applicable (i.e., W-9 Form)
Landlord
will then have ten (10) calendar days from the date of the notice from LIHP to submit ALL
such documentation to LIHP. If ALL required documentation is not received by LIHP within the timeframe required, then
such landlord will be deemed non-responsive and
the file closed with respect to such landlord.
If
no unit/landlord can be identified for applicant within the required 60-day period
then the applicant will be
removed from the waitlist and the file closed.
Applicant will be notified of
removal from the waitlist by email.
NOTE: Failure to identify a
unit/landlord or failure of a landlord to participate by submitting the Landlord Participation
Agreement within the stated timeframe is NOT
appealable.
Step 3(c): - Valid Rental Permit
For
all rental units, LIHP will coordinate with the Town to obtain verification
by the Town or applicable
municipality of a valid rental permit or authority to operate as a rental/housing unit. The Town will provide such verification in
writing to LIHP. If no valid permit
exists, then: (a) If applicant has an
existing lease, the applicant will be deemed
ineligible and will be removed from the waitlist and notified by email; or (b) if applicant does not have an existing lease,
only the unit will be deemed ineligible but applicant
may identify an alternate unit provided it is within the original 60 calendar day period referenced above.
NOTE: Absence of a valid rental
permit is NOT appealable.
Step 4: Unit Inspection
If Steps 1, 2
and 3 are completed and applicant is still eligible, Town will perform an HQS/Lead
Based Paint Inspection, if applicable. If
the unit fails inspection, landlord must complete the required repairs
including lead-based paint clearance, at landlord’s sole expense, within thirty
(30) days of determination, otherwise the landlord and the unit will be deemed
ineligible for the Program. If unit
cannot pass inspection then: (a) If applicant has an existing lease, the
applicant will be deemed ineligible and will be removed from the waitlist and
notified by email; or (b) if applicant does not have an existing lease, only
the unit will be deemed ineligible but applicant may identify an alternate unit
provided it is within the original 60calendar day period referenced above.
NOTE: Failure
to comply with Step 4 within the stated timeframe is NOT appealable.
Step 5: Assessment of Conditional
Award
If Steps 1,
2, 3, and 4 are successfully completed (and any discrepancies are resolved), an
assessment of unmet need, a duplication of benefits review, and a calculation
of a conditional award will be made by
LIHP for review and approval by the Town. Landlord may be requested by LIHP to provide a
current rent ledger (if applicable) in order to establish a conditional award
of arrears.
NOTE: Any
discrepancies must be resolved prior to any determination of Conditional
Award. See section below entitled “DISCREPANCIES.”
Step 6: Conditional Award Documentation
Upon
successful completion of Step 5, LIHP will contact the landlord, applicant, and
Town by email to advise of the conditional
award amount and to request the execution and delivery of the following final
documentation:
·
Rental
Assistance Agreement
·
Lease Addendum
·
Copy of
executed Lease (if applicable)
The
signed documentation must be returned to and received by LIHP within ten (10) calendar
days from the date of the notice from LIHP. If required documentation is not received by LIHP within the timeframe
required, the applicant will be deemed ineligible, subject to a right to appeal. Applicant and the landlord will be notified
of ineligible status from the waitlist by email.
Step 7: Final Documentation and
Award
If Step 6 is
successfully completed, the conditional award will convert to a final
award. LIHP will provide the applicant and the
landlord with the documentation (sent by email) confirming the award and a
check will be mailed to the landlord by the Town.
DISCREPANCIES:
Applicants are advised that if a
discrepancy or question arises concerning status, the identity of the landlord,
the amount of arrears, the rent, or other relevant information exists that
cannot be reconciled by LIHP from the documentation provided, such discrepancy
must be resolved to the satisfaction of LIHP and/or the Town within the time
frame provided by LIHP. Any such discrepancy or question that is not so
resolved within the time frame required will result in applicant ineligibility,
subject to appeal, as applicable.
If there is no discrepancy, including in the amount of arrears if applicable,
then the amount of the Program award will be based on the documentation
submitted.
APPEALS:
Applicants
who are deemed ineligible may appeal the determination by submitting a request
to LIHP. The appeal request must be in writing and must be received (together will all documentation) by LIHP within five (5) calendar
days of the date of LIHP’s notice to applicant of the determination of
ineligibility. The appeal must state the
basis of the appeal and contain documentation to support the appeal. Please note that, if the applicant was deemed
ineligible due to failure to submit required documentation within the required
time frame, then, no appeal will be granted unless the applicant submits the
remaining required documentation with the appeal letter/request within the
timeframe required. The appeal will be
promptly reviewed and the applicant advised of the final determination by
email.
Notice to LIHP of an appeal request
can ONLY be submitted via a file-specific link
that will be provided by LIHP during this Step.
NOTE: Ineligibility
due to non-compliance with Step 3 or Step 4 is NOT appealable. The determinations are final and
non-appealable.
DUPLICATION OF BENEFITS:
Federal law prohibits any duplication of
benefits. A duplication of benefits
occurs when a person or entity receives financial assistance from multiple
sources for the same purpose and the total assistance is more than the total
need. Applicants and landlords will be
required to sign a certification regarding duplication of benefits. If additional funds are received and
determined to be duplicative, the amount of the award, if eligible, may be
reduced and the amount disbursed that is determined to be a duplication of
benefits must be repaid. The obligation
to pay any duplication of benefits is an on-going obligation. If awarded funds, the beneficiaries may be
required to recertify, from time to time as requested by the Town, but in no
event later than 12 months from award, as to whether additional funds have been
received.
To assess duplication of benefits, and
the unmet need, the Town is requiring the following process to be followed:
·
Assess Need: Total need for assistance will be
assessed (the “Total Need”).
·
Determine Assistance: The amount of assistance that has or
will be provided from all sources to pay the need will be reviewed.
·
Calculate Unmet Need: Determine the amount of assistance
already provided compared to the Total Need to determine the Unmet Need.
·
Apply Program Cap, if applicable
·
Document Analysis
VIOLATION OF
FEDERAL LAW:
THE INFORMATION PROVIDED BY HOUSEHOLDS MUST BE TRUE AND CORRECT.
THE INFORMATION PROVIDED IS SUBJECT TO VERIFICATION BY THE TOWN AND/OR HUD. BY
SUBMITTING AN APPLICATION AND SUPPORTING DOCUMENTS, THE APPLICANT ACKNOWLEDGES
AND UNDERSTANDS THAT TITLE 18 OF THE UNITED STATES CODE SECTION 1001: (1) MAKES
IT A VIOLATION OF FEDERAL LAW FOR A PERSON TO KNOWINGLY AND WILLFULLY (A)
FALSIFY, CONCEAL, OR COVER-UP A MATERIAL FACT; (B) MAKE ANY MATERIALLY FALSE,
FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION; OR (C) MAKE OR USE ANY
FALSE WRITING OR DOCUMENT KNOWING IT CONTAINS A MATERIALLY FALSE, FICTITIOUS OR
FRAUDULENT STATEMENT OR REPRESENTATION, TO ANY BRANCH OF THE UNITED STATES
GOVERNMENT; AND (2) REQUIRES A FINE, IMPRISONMENT FOR NOT MORE THAN FIVE (5)
YEARS, OR BOTH, WHICH MAY BE RULED A FELONY, FOR ANY VIOLATION OF SUCH SECTION.
FAIR HOUSING AND NON-DISCRIMINATION:
LIHP is committed to furthering and
promoting fair housing, equal opportunity, and non-discrimination in compliance
with all federal, state and local laws, including, but not limited to, the Fair
Housing Act, as amended by the Housing for Older Americans Act, the Americans
with Disabilities Act, the Civil Rights Act, and the New York State Human
Rights Law. LIHP will have staff available
to assist with the Application, and answer questions about eligibility
requirements. In furtherance of this
policy, LIHP will not discriminate on the basis of race, creed, color, national
or ethnic origin, sex, sexual orientation, gender identity, familial status,
source of income, religion, disability, veterans’ status, age, or any other
basis prohibited by law.
LIMITED ENGLISH PROFICIENCY AND ACCOMMODATIONS:
Applications and Program Guidelines
will be made available in other languages as requested. LIHP will take reasonable steps to ensure
that persons with Limited English Proficiency (LEP) and persons, who need
assistance or who have a limited ability to speak, read, or write English, will
have meaningful access and an equal opportunity to participate in the Program. Interpreters, translators and other aids
needed to comply with this policy shall be provided as reasonably necessary.
SCHEDULE
A -QUALIFIED POPULATIONS
QP1: HOMELESS (pursuant to 24 CFR 91.5 (1), (2) and (3))
is
(1) An individual or family who lacks a fixed, regular, and
adequate nighttime residence, meaning:
(i) An individual or family with a primary nighttime residence
that is a public or private place not designed for or ordinarily used
as a regular sleeping accommodation for human beings, including a car, park,
abandoned building, bus or train station, airport, or camping
ground;
(ii) An individual or family living in a supervised publicly or
privately operated shelter designated to provide temporary living
arrangements (including congregate shelters, transitional housing, and hotels and
motels paid for by charitable organizations or
by federal, state, or local government programs for low-income
individuals); or
(iii) An individual who is exiting an institution where he or
she resided for 90 days or less and who resided in an emergency shelter or place
not meant for human habitation immediately
before entering that institution;
(2) An
individual or family who will imminently lose their primary nighttime
residence, provided that:
(i) The primary nighttime residence will be lost within 14
days of the date of application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support
networks, e.g., family, friends, faith-based or other social
networks needed to obtain other permanent housing;
(3) Unaccompanied
youth under 25 years of age, or families with children and youth, who do not otherwise
qualify as homeless under this definition, but
who:
(i) Are
defined as homeless under section 387 of
the Runaway and Homeless Youth Act (42
U.S.C. 5732a), section 637 of the Head
Start Act (42
U.S.C. 9832), section 41403 of
the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2), section 330(h) of the Public Health Service Act (42
U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of
2008 (7
U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(b)),
or section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a);
(ii) Have not had a lease, ownership interest, or occupancy
agreement in permanent housing at any time during the 60 days
immediately preceding the date of application for homeless assistance;
(iii) Have experienced persistent instability as measured by two
moves or more during the 60-day period immediately preceding the
date of applying for homeless assistance; and
(iv) Can be expected to continue in such
status for an extended period of time because of chronic disabilities, chronic physical
health or mental health conditions, substance addiction, histories of domestic violence
or childhood abuse (including neglect), the presence of a child or youth with a
disability, or two or more barriers to employment, which include the lack of a high
school degree or General Education Development (GED),
illiteracy, low English proficiency, a history of incarceration or detention
for criminal
activity, and a history of unstable employment.
QP2: AT-RISK OF HOMELESSNESS
As defined in 24 CFR 91.5, at risk of
homelessness means:
(1) An individual or family who:
(i) Has an annual income below 30 percent
(30%) of median family income for the area, as determined by HUD;
(ii)
Does not have sufficient resources or support networks, e.g., family, friends,
faith based or other social networks, immediately available to prevent them
from moving to an emergency shelter or another place described in paragraph (1)
of the “Homeless” definition at 24 CFR 91.5; AND
(iii) Meets
one of the following conditions:
(A)
Has moved because of economic reasons two or more times during the 60 days
immediately preceding the application for homelessness prevention assistance;
(B)
Is living in the home of another because of economic hardship;
(C)
Has been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application
for assistance;
(D)
Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or
by federal, State, or local government programs
for low-income individuals;
(E)
Lives in a single-room occupancy or efficiency apartment unit in which there
reside more than two persons or lives in a larger housing unit in which there
reside more than 1.5 people per room, as defined by the U.S. Census Bureau;
(F)
Is exiting a publicly funded institution, or system of care (such as a health-care facility, a
mental health facility, foster care or other youth facility, or correction
program or institution); or
(G)
Otherwise lives in housing that has characteristics associated with instability and an increased
risk of homelessness, as identified in the recipient's
approved consolidated plan;
(2) A child or youth who does not qualify as “homeless” under this
section, but qualifies as “homeless” under section 387(3) of the Runaway and
Homeless Youth Act (42 U.S.C. 5732a(3)), section 637(11) of the Head Start Act
(42 U.S.C. 9832(11)), section 41403(6) of the Violence Against Women Act of
1994 (42 U.S.C. 14043e-2(6)), section 330(h)(5)(A) of the Public Health Service
Act (42 U.S.C. 254b(h)(5)(A)), section 3(l) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(l)), or section 17(b)(15) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(b)(15)); OR
(3) A child or youth who does not qualify as “homeless” under this
section but qualifies as “homeless” under section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 6 U.S.C. 11434a(2)), and the parent(s) or guardian(s)
of that child or youth if living with her or him.
QP3: FLEEING, OR ATTEMPTING TO FLEE, DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, OR HUMAN TRAFFICKING
For HOME-ARP, this population includes any
individual or family who is fleeing, or is attempting to flee, domestic
violence, dating violence, sexual assault, stalking, or human trafficking. This
population includes cases where an individual or family reasonably believes
that there is a threat of imminent harm from further violence due to dangerous
or life-threatening conditions that relate to violence against the individual
or a family member, including a child, that has either taken place within the
individual’s or family’s primary nighttime residence or has made the individual
or family afraid to return or remain within the same dwelling unit. In the case
of sexual assault, this also includes cases where an individual reasonably
believes there is a threat of imminent harm from further violence if the
individual remains within the same dwelling unit that the individual is
currently occupying, or the sexual assault occurred on the premises during the
90-day period preceding the date of the request for transfer.
Domestic violence, which is defined in 24
CFR 5.2003 includes
felony or misdemeanor crimes of violence committed by:
1)
A current or former spouse or intimate partner of the victim (the term “spouse
or intimate partner of the victim” includes a person who is or has been in a
social relationship of a romantic or intimate nature with the victim, as
determined by the length of the relationship, the type of the relationship, and
the frequency of interaction between the persons involved in the relationship);
2)
A person with whom the victim shares a child in common;
3)
A person who is cohabitating with or has cohabitated with the victim as a
spouse or intimate partner;
4)
A person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction receiving HOME-ARP funds; or
5)
Any other person against an adult or youth victim who is protected from that
person's acts under the domestic or family violence laws of the jurisdiction.
Dating
violence which
is defined in 24 CFR 5.2003 means violence committed by a person:
1)
Who is or has been in a social relationship of a romantic or intimate nature
with the victim; and
2)
Where the existence of such a relationship shall be determined based on a
consideration of the following factors:
a.
The length of the relationship;
b.
The type of relationship; and
c.
The frequency of interaction between the persons involved in the relationship.
Sexual
assault which
is defined in 24 CFR 5.2003 means any nonconsensual sexual act proscribed
by Federal, Tribal, or State law, including when the victim lacks capacity to
consent.
Stalking which is defined in 24 CFR 5.2003 means
engaging in a course of conduct directed at a specific person that would cause
a reasonable person to:
1)
Fear for the person’s individual safety or the safety of others; or
2)
Suffer substantial emotional distress.
Human
Trafficking includes both sex and labor trafficking, as outlined in the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7102).
These are defined as:
1) Sex trafficking means the
recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose
of a commercial sex act, in which
the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act
has not attained 18 years of age; or
2) Labor trafficking means the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use
of force, fraud, or coercion for
the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
QP4: OTHER POPULATIONS where providing supportive services or assistance
under section 212(a) of NAHA (42 U.S.C. 12742(a)) would prevent the family’s
homelessness or would serve those
with the greatest risk of housing instability. HUD defines these populations as individuals and households who do not
qualify under any of the populations above but
meet ONE of the following criteria:
(1) Other
Families Requiring Services or Housing Assistance to Prevent Homelessness is defined as households (i.e.,
individuals and families) who have previously been qualified as “homeless” as defined in 24 CFR 91.5, are currently
housed due to temporary or emergency
assistance, including financial assistance, services, temporary rental assistance or some type of other
assistance to allow the household to be housed, and who need additional housing assistance or supportive
services to avoid a return to homelessness.
(2) At Greatest Risk of Housing Instability is defined as household who
meets either paragraph (i) or (ii)
below:
(i) has annual income
that is less than or equal to 30% of the area median income,
as determined by HUD and is experiencing severe cost burden (i.e., is paying more than 50% of monthly household income toward
housing costs);
(ii)
has annual income that is less than or equal to 50% of the area median income, as determined by HUD, AND meets one of the
following conditions from paragraph (iii) of the “At risk of
homelessness” definition established at 24 CFR 91.5:
(A)Has
moved because of economic reasons two or more times during the 60 days immediately preceding the
application for homelessness prevention assistance;
(B)
Is living in the home of another because of economic hardship;
(C)Has
been notified in writing that their right to occupy their current housing or living situation will be
terminated within 21 days after the date of application for assistance;
(D)
Lives in a hotel or motel and the cost of the hotel or motel stay is not paid
by charitable organizations or by Federal, State, or local government programs for low-income individuals;
(E)
Lives in a single-room occupancy or efficiency apartment unit in which there
reside more than two persons or lives in a larger housing unit in which there reside more than 1.5
persons reside per room, as defined by the
U.S. Census Bureau;
(F)
Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health
facility, foster care or other youth facility, or correction program or
institution); or
(G)
Otherwise lives in housing that has characteristics associated with instability and an increased risk of
homelessness, as identified in the recipient's approved consolidated
plan
Veterans
and Families that include a Veteran Family Member that
meet the criteria for one of the qualifying populations described above are
eligible to receive HOME-ARP assistance.