ESG Law, Regulations, and Notices

This page contains the authorizing laws, regulations, and Federal Register Notices for the Emergency Solutions Grants (ESG) Program. Click the title of the law or Notice to download the document.

Laws, Regulations, and Notices

Laws

McKinney-Vento Homeless Assistance Act As Amended by S.896 HEARTH Act of 2009

On May 20, 2009, the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 was signed into law. The HEARTH Act amends and reauthorizes the McKinney-Vento Homeless Assistance Act with substantial changes, including:

  • A consolidation of HUD's competitive grant programs;
  • The creation of a Rural Housing Stability Assistance Program;
  • A change in HUD's definition of homelessness and chronic homelessness;
  • A simplified match requirement;
  • An increase in prevention resources; and,
  • An increase in the emphasis on performance.

Date Published: May 2009

Regulations

HEARTH: ESG Program and Consolidated Plan Conforming Amendments – ESG Program Interim Rule

The ESG Program Interim Rule was first published in the Federal Register on December 5, 2011 and became effective on January 4, 2012. An updated version of the ESG Program Interim Rule was published in the Federal Register on April 1, 2017. The updated version of the ESG Program Interim Rule incorporates the addition to the ESG Program Interim Rule of section 576.409 regarding protections for victims of domestic violence, dating violence, sexual assault, or stalking, which was established in response to the Violence Against Women Reauthorization Act of 2013. The original ESG Program Interim Rule, with the preamble, is also available on the HUD Exchange.

Date Published: Updated April 2017

Defining "Chronically Homeless" Final Rule

This final rule establishes the definition of “chronically homeless” that will be used in HUD's CoC Program, and in the Consolidated Submissions for Community Planning and Development (CPD) Programs. This definition has been the subject of significant public comment which has guided HUD in establishing the definition of “chronically homeless” that will be used in its homeless assistance programs. The final rule also establishes the necessary recordkeeping requirements that correspond to the definition of “chronically homeless” for the CoC Program. Historically, other programs within HUD, as well as other agencies such as the United States Interagency Council on Homelessness (USICH) and the Department of Veteran Affairs (VA), have adopted HUD's definition of chronically homeless and may also choose to adopt the definition of “chronically homeless” included in this final rule, however, it is not required.

Date Published: December 2015

Consolidated Plan Regulation as Amended by ESG Interim Rule and Homeless Definition Final Rule

This version of 24 CFR Part 91, Consolidated Submissions for Community Planning and Development Programs as Amended by ESG Interim Rule and Homeless Definition Final Rule, explains Consolidated Submissions for Community Planning and Development Programs as amended by the Emergency Solutions Grants Program interim rule and Homeless definition final rule.

Date Published: November 2011

"Homeless" Definition Final Rule

This final rule, published in the Federal Register on December 5, 2011, integrates the regulation for the definition of “homeless,” and the corresponding recordkeeping requirements, for the Emergency Solutions Grants program, the Shelter Plus Care program, and the Supportive Housing Program. This final rule also establishes the regulation for the definition “developmental disability” and the definition and recordkeeping requirements for “homeless individual with a disability” for the Shelter Plus Care program and the Supportive Housing Program.

Date Published: November 2011

Notices

Notice CPD 18-04: Supporting EnVision Centers Through the Consolidated Planning Process

The purpose of this Notice is to provide guidance to all Community Planning and Development (CPD) grantees on how to incorporate an EnVision Center and its planning process into the consolidated planning process.

Date Published: July 2018

CPD-17-10: Sub-awarding Emergency Solutions Grants Program Funds to Public Housing Agencies and Local Redevelopment Authorities

This Notice provides guidance on how Emergency Solutions Grants (ESG) Program funds can be sub-awarded to Public Housing Agencies (PHAs) and Local Redevelopment Authorities (LRAs) following the recent amendment to section 414(c) of the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act) (42 U.S.C. 11373(c)).

Date Published: October 2017

CPD-17-01: Notice Establishing Additional Requirements for a Continuum of Care Centralized or Coordinated Assessment System

Under the authority of 24 CFR 578.7(a)(8), this Notice establishes new requirements that Continuums of Care (CoC) and recipients of CoC Program and Emergency Solutions Grants (ESG) Program funding must meet related to the development and use of a centralized or coordinated assessment system. It also provides guidance on additional policies that CoCs and ESG recipients should consider incorporating into written policies and procedures to achieve improved outcomes for people experiencing homelessness.

Date Published: January 2017

Notice of the Emergency Solutions Grants (ESG) Program: Solicitation of Comment on Specific Issues

This ESG Notice requests additional feedback and public comment on certain, limited provisions of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH): Emergency Solutions Grants (ESG) Program and Consolidated Plan Conforming Amendments (referred to as the ESG interim rule) published in the Federal Register on December 5, 2011. The comment period closes on Monday, August 3, 2015.

Date Published: June 2015

Notice CPD-13-06: Guidance for Submitting the Portions of the Consolidated Annual Performance and Evaluation Report (CAPER) Related to Homelessness and the Emergency Solutions Grants (ESG) Program

This notice provides guidance for completing the Emergency Solutions Grants (ESG) portions of the Consolidated Annual Performance and Evaluation Report (CAPER) using the Integrated Disbursement and Information System (IDIS). This notice also provides information on completing homelessness-related portions of the CAPER, which is relevant for all States, local governments, and territories that receive ESG, Community Development Block Grants (CDBG), HOME Investment Partnerships (HOME), and/or Housing Opportunities for Persons With AIDS (HOPWA) formula funding (referred to collectively in this notice as Consolidated Plan (Con Plan) jurisdictions).

Date Published: August 2013