6. Short-Term Assistance
The agency may develop and adopt a Short-Term Assistance Program in HCV or PH for specific populations (i.e., hard to house, at-risk, homeless, etc.). The agency will ensure that these programs do not adversely affect participation in, benefits of, or otherwise discriminate against persons on the basis of race, color, national origin, sex, religion, familial status, or disability or other protected bases. The agency’s programs shall be operated in a manner that is consistent with the requirements of nondiscrimination and equal opportunity authorities, and will be accessible to persons with disabilities in accordance with the Fair Housing Act, section 504 of the Rehabilitation Act, Titles II and III of the Americans with Disabilities Act, as applicable, and the Architectural Barriers Act. More specifically, under no circumstances will participants of such programs be required to participate in supportive services that are targeted to persons with disabilities in general, or persons with any specific disability. In addition, admission to any of the programs or priority for supportive services developed under this section will not be conditioned on a diagnosis or specific disability of a member of an applicant or participant family. This section is not intended to govern the designation of housing that is subject to section 7 of the 1937 Act. The agency must determine initial eligibility in accordance with 24 C.F.R. 5.609 and must comply with section 3(b)(2) of the Act.
Safe harbors marked with an asterisk (*) cannot be waived through either the Safe Harbor Waiver process or the Agency-Specific Waiver process.
6.b. Short-Term Assistance (HCV)
The agency may create a short-term housing assistance program with supportive services in its HCV program.
Statutes and Regulations Waived
Short-Term Assistance (PH)
Certain provisions of sections 6(l)(1) and 6(l)(5) of the 1937 Act and 24 C.F.R. 966.4(a)(2)(i).
Safe Harbor(s) - 6.a. and 6.b.
- The term of assistance must not be shorter than 3 months.
- The term of assistance must not be longer than 36 months.
- The short-term housing assistance program must include supportive services in one or more buildings (which may be in collaboration with local community-based organization and government agencies).
- Subject to availability, successful participants of the short-term housing assistance program must be given the option of transferring into whichever program (section 8 or 9) the short-term housing assistance program falls under.
- Under no circumstances will participants be required to participate in supportive services that are targeted to persons with disabilities in general, or persons with any specific disability.*
- The agency must not require participation in supportive services as a condition for housing subsidy for elderly and disabled families.*
- If the agency requires participation in supportive services as a condition for housing subsidy, an impact analysis must be developed and adopted in accordance with MTW guidance prior to the implementation of the activity.*
- If the agency requires participation in supportive services as a condition for housing subsidy, a hardship policy must be developed and adopted in accordance with MTW guidance prior to the implementation of the activity.*
- The activity cannot be extended to an entire public housing or HCV program and must only serve specific populations.*