Date Published: April 2019
The regulations at 24 CFR 91.5 identify several definitions/types of homelessness. Listed below are those definitions/types and if persons meeting them may be presumed low- and moderate-income as stated at 24 CFR 570.208(a)(2)(i)(A) for Entitlements and 24 CFR 570.483(b)(2)(ii)(A) for States.
At risk of homelessness: No. Every individual or family at risk of homelessness may not be low- and moderate-income because being considered at risk of homelessness is not necessarily linked to income levels. There is no data demonstrating that people at risk of homelessness are low- and moderate- income. Grantees that want to use the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act definition of homeless must be made aware that they cannot presume that persons at risk of homelessness are low- and moderate-income. Therefore, the presumption of homeless persons as low/moderate income as stated at 24 CFR 570.208(a)(2)(i)(A) for Entitlements and 24 CFR 570.483(b)(2)(ii)(A) for States cannot be met if serving only this population. If a grantee wanted to carry out an activity that would only serve persons at risk of homelessness, the provisions of the low- and moderate-income limited clientele national objective at 24 CFR 570.208(a)(2)(i)(B) or (C) for Entitlements and 24 CFR 570.483(b)(2)(ii)(B) or (C) for States would have to be met. This means that participants would have to be income-qualified to ensure that a national objective is met.
Chronically homeless: Yes. Persons with a disability and have been homeless at least 12 months will meet the presumption of being low- and moderate-income.
Homeless: Yes. Persons living in shelters or on the street will meet the presumption of being low- and moderate-income.
Homeless under other Federal statutes: Yes. Persons may be defined as homeless by other statutes, such as section 387 of the Runaway and Homeless Youth Act, section 637 of the Head Start Act, section 41403 of the Violence Against Women Act, section 330(h) of the Public Health Service Act, section 3 of the Food and Nutrition Act of 2008, section 17(b) of the Child Nutrition Act of 1966, and section 725 of the McKinney-Vento Homeless Assistance Act.
Women fleeing domestic violence: Yes. Note that victims of domestic violence are also a group presumed to be low- and moderate-income under 24 CFR 570.208(a)(2)(i)(A) for Entitlements and 24 CFR 570.483(b)(2)(ii)(A) for States.