ESG Law, Regulations, and Notices

This page contains the authorizing laws, regulations, and Federal Register Notices for the Emergency Solutions Grants (ESG) Program.

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-20-06: Guidance on Using HUD’s Community Planning and Development (CPD) Funds in Opportunity Zones

This Notice encourages all CPD program grantees under the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Housing Trust Fund (HTF), and Housing Opportunities for Persons With AIDS (HOPWA) programs to consider using their allocations to support projects and activities in designated Opportunity Zones (OZs).

Date Published: June 2020

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

This Notice provides guidance to all CPD grantees on how to incorporate an EnVision Center and its planning process into the consolidated planning process.

Date Published: July 2018

Notice CPD-18-01: Guidance on Submitting Consolidated Plans and Annual Action Plans for FY 2018

This Notice instructs all CDBG, HOME, HTF, Emergency Solutions Grants (ESG) and HOPWA grantees on the timing of submission of FY 2018 consolidated plans and action plans.

Date Published: January 2018

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

This Notice provides guidance on how 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

Notice CPD-17-06: Using CPD Funds for Disaster Response and Recovery

This Notice provides guidance to grantees on how to use CPD formula grant programs to carry out disaster response and recovery activities.

Date Published: June 2017

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

This Notice, under the authority of 24 CFR 578.7(a)(8), establishes new requirements that Continuums of Care (CoC) and recipients of CoC Program and 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 CPD-16-18: Guidance on Submitting Consolidated Plans and Annual Action Plans for FY 2017

This Notice instructs all CDBG, HOME, HTF, ESG and HOPWA grantees on the timing of submission of FY 2017 consolidated plans and action plans.

Date Published: December 2016

Notice CPD-16-04: Additional Transition and Implementation Guidance for Recipients of CPD Funds for 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

This Notice provides additional guidance for CPD program grant recipients and responds to questions about implementation of 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Requirements).

Date Published: April 2016

Notice of the 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): 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-14-04: Implementing Risk Analyses for Monitoring Community Planning and Development Grant Programs in FY 2015 and 2016

This Notice provides a consistent methodology for conducting risk analyses for CPD formula and competitive grantees and establish monitoring priorities within available resources.

Date Published: March 2014

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

This Notice provides guidance for completing the ESG portions of the 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, CDBG, HOME, and/or HOPWA formula funding (referred to collectively in this notice as Consolidated Plan (Con Plan) jurisdictions).

Date Published: August 2013

Notice CPD-12-009: Use of IDIS to Submit the Consolidated Plan

This Notice describes changes to the Consolidated Plan, within current statutory and regulatory provisions, for a new process for electronic submission including a required template and other improvements as follows: A submission template for the Consolidated Plan, the Annual Action Plan, and CAPER /Performance Evaluation Report (PER) for state grantees that will be required for all grantees receiving formula grants; Upgrades to the IDIS to facilitate electronic submission of the Consolidated Plan, Annual Action Plan and CAPER/PER according to the required template; New data describing a broad spectrum of community, economic and market conditions; A web-based data mapping tool to assist with place-based planning; and HUD’s transition plan to implement the Consolidated Plan, Annual Action Plan and CAPER submission templates in IDIS.

Date Published: April 2012

Notice CPD-01-01: Combining Program Funds of the McKinney Act Programs and the HOPWA Program with the HOME Program

This Notice provides guidance to Participating Jurisdictions (PJs) and private nonprofit organizations on using HOME funds together with HUD Continuum of Care homeless assistance funds under the Stewart B. McKinney Act programs.

Date Published: January 2001