HUD Notice Allows Owners to Establish Homelessness as a Preference
HUD Notice H 2013-21: Implementing preferences for individuals or families experiencing homelessness allows multifamily housing owners to significantly increase program access for individuals and families experiencing homelessness by establishing an owner-adopted preference in admissions policies.
The notice applies to all multifamily rental assistance programs and provides guidance on how owners may adopt preferences to house the homeless.
According to the notice, the U.S. Department of Housing and Urban Development (HUD) Office of Multifamily Housing Programs had previously strictly interpreted existing preference rules as limiting owner ability to adopt preferences in the selection of residents to those preferences specifically cited in the regulation.
However, in consultation with the Office of General Counsel, HUD Multifamily Housing has revisited and broadened its interpretation to allow that silence within the provision does not preclude owners from adopting preferences outside of those cited.
The notice details owner options in defining homeless (including going beyond the HEARTH Act definitions adopted in 2011), adopting policies to allow for a homeless preference, and even limiting preferences to people referred by a partnering organization.
Despite HUD's earlier adopting of the definition of homeless under the HEARTH Act, the agency will not prohibit an owner from establishing an alternative definition of homeless for the purpose of a waiting list preference based on local need.
Owners may elect to adopt a more narrow definition specific to the homeless needs in their community or a broader version that would serve more of the population.
Because of the specificity of this definition, owners must go to the HUD field office for approval. Owners are reminded that any preference must comply with civil rights requirements.
Owners may create a preference or limited preference specifically for individuals or families who are referred by a partnering homeless service organization or consortium of organizations.
Contact: Ken Harris, kharris@leadingageny.org, 518-867-8835