Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH): Defining Homeless Final Rule

Description

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.

Please note: The final rule, published in the Federal Register, contains a typo in the preamble. On page 75977, the preamble text mistakenly indicates that written documentation of disability includes written verification from a professional who is licensed by the state to diagnose and treat the condition AND written verification from the Social Security Administration or the receipt of a disability check. The regulatory text found on page 76016 and page 76019 contain the correct requirements. These sections indicate that acceptable evidence of a disability includes:

• Written verification of the disability from a professional licensed by the state to diagnose and treat the disability and his or her certification that the disability is expected to be long-continuing or of indefinite duration and substantially impedes the individual’s ability to live independently; OR
• Written verification from the Social Security Administration; OR
• The receipt of a disability check; OR
• Intake staff-recorded observation of a disability that, no later than 45 days of the application for assistance, is confirmed and accompanied by evidence in this; OR
• Other documentation approve by HUD.

Resource Links

• HEARTH "Homeless" Definition Final Rule (PDF)

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