HUD PIH Notice § 2021-15

Emergency Housing Vouchers-Operating Requirements (HUD PIH Notices)

HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing Programs

Operative Text

HUD PIH Notice § 2021-15
_____________________________________________________________________________
Special Attention of:                     Notice PIH 2021-15 (HA)
Directors of HUD Regional and Field
Offices of Public Housing;                Issued: May 5, 2021
Agencies that Administer the
Housing Choice Voucher Program            Expires: This notice remains in effect until
                                          amended, superseded, or rescinded.

______________________________________________________________________________
SUBJECT: Emergency Housing Vouchers – Operating Requirements


1.   Purpose
     This notice describes the process HUD is using to allocate approximately 70,000 emergency
     housing vouchers (EHVs) to public housing agencies (PHAs).
     These EHVs are to assist individuals and families1 who are experiencing homelessness; at
     risk of experiencing homelessness; fleeing, or attempting to flee, domestic violence, dating
     violence, sexual assault, stalking, or human trafficking; or were recently homeless and for
     whom providing rental assistance will prevent the family’s homelessness or having high risk
     of housing instability.
     This notice also sets forth the operating requirements for the EHVs, including the
     administrative fees and fees for other eligible expenses; the housing assistance payments
     (HAP) funding renewal process; family eligibility requirements; EHV waivers, alternative
     requirements, and special rules, including a requirement that families are offered housing
     search assistance and that PHAs partner with the Continuum of Care (CoC) or other
     homeless or victim services providers to assist qualifying families through a direct referral
     process; the EHV recapture and redistribution procedures, and the prohibition on the
     reissuance of turnover EHVs after September 30, 2023.


2. Background
     On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (P.L.
     117-2, hereafter referred to in this notice as “the ARP”) into law, which provides over $1.9



1
  While the ARP and the definitions of the qualifying categories specifically refer to “individuals and families,”
under the HCV program regulations at 24 CFR 982.4, the term “family” is a person or a group of persons, as
determined by the PHA consistent with 24 CFR 5.403, approved to reside in a unit with assistance under the
program. The term “family” used in EHV/HCV context always includes a family that is comprised of a single
individual as well as a group of persons.
    trillion in relief to address the continued impact of the -COVID-19 pandemic on the
    economy, public health, State and local governments, individuals, and businesses.
    Section 3202 of the ARP appropriates $5 billion for new incremental EHVs, the renewal of
    those EHVs, and fees for the cost of administering the EHVs and other eligible expenses
    defined by notice to prevent, prepare, and respond to coronavirus to facilitate the leasing of
    the emergency vouchers, such as security deposit assistance and other costs related to
    retention and support of participating owners.2
    Eligibility for these EHVs is limited to individuals and families who are (1) homeless; (2) at
    risk of homelessness; (3) fleeing, or attempting to flee, domestic violence, dating violence,
    sexual assault, stalking or human trafficking; or (4) recently homeless and for whom
    providing rental assistance will prevent the family’s homelessness or having high risk of
    housing instability. After September 30, 2023, a PHA may not reissue any previously leased
    EHV, regardless of when the assistance for the formerly assisted family ends or ended.
    EHVs are tenant-based rental assistance under section 8(o) of the United States Housing Act
    of 1937 (42 U.S.C. 1437f(o)). The ARP further provides that HUD may waive any provision
    of any statute or regulation used to administer the amounts made available under section
    3202 (except for requirements related to fair housing, nondiscrimination, labor standards and
    the environment) upon a finding that any such waivers or alternative requirements are
    necessary to expedite or facilitate the use of amounts made available for the EHVs.
    To facilitate and expedite leasing, PHAs that accept an allocation of EHVs will receive an
    allocation of administrative fee funding for other eligible expenses defined by this notice that
    are not normally eligible administrative expenses under the Housing Choice Voucher (HCV)
    program, as well as administrative fees for the cost of administering EHVs. The
    administrative fees and fees for EHV eligible expenses are described in detail in section 6 of
    this notice.
    EHV Housing Assistance Payment (HAP) funding (both the initial funding allocation and
    subsequent renewals) and both forms of administrative fee funding have been appropriated
    separate and apart from the regular HCV program appropriations provided through HUD’s
    annual appropriations acts. The ARP limits the use of all EHV funding by time and purpose.
    Consequently, ARP EHV funding HAP and administrative fee funding (including services
    fees) covered by this notice may only be used for the EHVs and may not be for the PHA’s
    regular HCVs or other special purpose vouchers (including Mainstream vouchers).




2
 Under Section 3202, the $5 billion in appropriations may also be used for “adjustments in the calendar year 2021
section 8 renewal funding allocations, including mainstream vouchers, for public housing agencies that experience a
significant increase in voucher per-unit costs due to extraordinary circumstances or that, despite taking reasonable
cost savings measures, would otherwise be required to terminate rental assistance for families as a result of
insufficient funding.” Use of a portion of the $5 billion for that purpose will be covered under a separate notice.

                                                                                                                   2
3. PHA Eligibility
    To be eligible to receive an EHV funding allocation, a PHA must currently administer the
    HCV program through an existing Consolidated Annual Contributions Contract (CACC)
    with HUD. Non-profit agencies that only administer HCV Mainstream vouchers are not
    eligible to receive an EHV allocation.


4. EHV Allocation Formula
    HUD’s allocation formula is designed to direct emergency vouchers to the PHAs operating in
    areas where the EHV’s eligible populations have the greatest need while also taking into
    account PHA capacity and the requirement to ensure geographic diversity, including rural
    areas.
    The following data and indicators were used to develop the statutorily mandated allocation
    formula:
    a. Comparative homeless and at-risk of homelessness need
        In developing an allocation formula based on comparative need, HUD focused on
        “homeless need” and “at-risk of homelessness need.” These measures also serve as a
        proxy for relative need regarding the eligibility categories that includes those fleeing or
        attempting to flee domestic violence, dating violence, sexual assault, stalking, or human
        trafficking3; as well as recently homeless families for whom providing rental assistance
        will prevent the family’s homelessness or having a high risk of housing instability.

        HUD is defining homeless need as the total count of persons experiencing
        homelessness (whether sheltered or unsheltered). HUD is using January 2020
        Continuum of Care (CoC) Point-in-Time (PIT) homeless data for this measure. HUD
        does not generally use PIT homeless data to allocate funds. However, as was the case
        when HUD allocated Emergency Solutions Grant (ESG)-CV2 funding4, HUD is using
        PIT homeless data to allocate these emergency vouchers to PHAs as expeditiously as
        possible.

        For at-risk of homelessness need, HUD used special tabulation data from the American
        Community Survey (ACS 2013-17) on rental households with incomes less than 30


3
  The 2018 Part 2 Annual Homeless Assessment Report (AHAR) notes that it is difficult to count the full extent that
individuals are fleeing domestic and other violence, but based on bed capacity, we expect a substantial portion of
those in the homeless data are in fact homeless because of domestic violence: “Based on the bed counts in the 2018
HIC, 12 percent of the emergency shelter, safe haven, and transitional housing beds for people currently
experiencing homelessness were intended for survivors of domestic violence (DV). A smaller share, 6 percent, of all
the beds available year-round in the homeless services system (including beds in permanent housing programs) were
targeted to domestic violence survivors. Approximately 16 percent of all DV beds were in permanent housing
programs.” https://www.huduser.gov/portal/sites/default/files/pdf/2018-AHAR-Part-2.pdf
4
  https://www.hud.gov/sites/dfiles/CPD/documents/ESG_CARES_Act_Round_2_Allocation_Methodology_rev.pdf

                                                                                                                 3
        percent of Area Median Income (AMI).5 HUD used data sets on those households living
        in overcrowded units (1.01 or more persons per room) and/or without complete kitchen or
        plumbing (referred to below as “At-risk Category 1”); and for those households that in
        addition to meeting the income and housing condition criteria are also severely rent
        burdened (paying more than half their income for rent) (referred to below as “At-risk
        Category 2”).
        To construct need measures for PHAs, HUD had to convert data to the county level. ACS
        at-risk of homelessness data are available at the county level. However, the PIT
        homeless data are available at the Continuums of Care geographies that can vary from a
        place within a county to being multiple counties. HUD allocated the PIT homeless data
        to the county level using a county-to-CoC crosswalk based on the renter share in each
        county with income less than 30 percent of AMI and then used it to determine
        comparative homeless and at-risk of homelessness need at a county-by-county level.
        To allocate the PIT homeless data and the ACS at-risk of homelessness data to PHAs,
        each PHA was allocated these need variables based on their December 2020 share of
        voucher leasing in each county. For example, if a PHA’s share of currently served
        voucher tenants in a county is 20 percent, they would be allocated 20 percent of the need
        for that county. Their total need is the sum of their county allocated need across all
        counties in which they have active voucher tenants.
     b. Ensuring geographic diversity including with respect to rural areas
        As discussed above, HUD’s allocation formula is primarily driven by relative EHV
        eligibility need under the assumption that a PHA with an operating area that includes a
        higher number of homeless or at-risk of homelessness people should receive a larger
        allocation share than a PHA with relatively few homeless or at-risk of homelessness
        individuals and families in its operating area. However, PHAs serving rural areas might
        have a relatively low absolute number of such individuals and families due to the low
        population of the area in general, but nonetheless have a high rate of homeless and at-risk
        individuals and families as a percentage of that general population. To address these
        circumstances, HUD’s allocation formula also identifies PHAs that operate in areas
        which have high rates of homelessness or at-risk of homelessness (among all PHAs, those
        with a rate of need in the top quartile for any of the three need variables – homeless
        persons, At-risk Category 1, and At-risk Category 2), even if the overall number of those
        individuals and families is comparatively low when compared to the rest of the country.
        The formula ensures that at least one PHA operating in each area with these high
        homeless or at-risk of homelessness rates will receive an EHV allocation.




5
 The McKinney-Vento definition of “at-risk” homelessness for households specifies that they have incomes of less
than 30 percent of Area Median Income in addition to one or more other characteristic that puts them at risk for
homelessness.

                                                                                                                   4
c. Public housing agency capacity
   The HUD allocation formula considers two factors when determining the PHA’s capacity
   to implement this program effectively and quickly. The first is how many vouchers an
   agency currently administers within each county. As discussed above, the more vouchers
   a PHA administers in a county relative to other PHAs with jurisdiction in that same
   county, the greater the share of the homeless/at-risk of homelessness need within the
   county that will be potentially allocated to that PHA.
   The second factor is the PHA’s estimated leasing potential, as measured by the PHA’s
   current number of unleased vouchers and its available budget authority to lease those
   vouchers (over and above voucher turnover) in its existing HCV program. PHAs with
   HCV programs that are fully leased or almost fully leased are assumed to have the
   operational capacity to take on a new allocation of vouchers, specifically an allocation
   targeted for traditionally hard-to-house homeless and at-risk of homelessness populations.
   In contrast, PHAs that will simultaneously need to put significant attention and effort into
   leasing a significant number of unused vouchers that are already part of the PHA’s HCV
   program are assumed to have less capacity to administer the EHVs.
   HUD calculates leasing potential using the PHA’s actual leasing and cost data reported
   by the PHA in the Voucher Management System (VMS) and all the budget authority
   available to the PHA for the calendar year (including reserves). HUD projects PHA
   spending for the future months based on VMS information (e.g., vouchers that have been
   issued to families that are currently engaged in their housing search, per unit cost (PUC)
   trends, etc.) and then estimates the number of vouchers the PHA could potentially lease,
   factoring in the need for the PHA to maintain a reasonable reserve. Once the need from
   each county is assigned to a PHA consistent with paragraphs (a) and (b) above, that need
   is then adjusted based on a PHA’s current leasing potential for their existing HCV
   program.
   Leasing potential for the initial 39 MTW agencies is calculated in the following manner.
   The Planned Number of MTW HCV Households Served, as stated in an MTW PHA’s
   FY2020 Annual MTW Plan, is the total number of households that the MTW PHA
   planned to serve through the full Plan Year. This total is compared to VMS data from the
   last month of the MTW PHA’s Fiscal Year 2020 (e.g., for an MTW PHA with a Fiscal
   Year 2020 that spans January 1, 2020 – December 31, 2020, December 2020 VMS data is
   used). Based on an MTW PHA’s agreed upon baseline worksheet for the MTW
   statutory requirement of Serving Substantially the Same (STS) number of families as it
   otherwise would have absent MTW designation, certain Special Purpose Vouchers
   (SPVs) may have also been included in the leasing calculation if applicable to an MTW
   PHA’s specific STS compliance documents.
   The total number of MTW voucher units in VMS is then divided by the Planned Number
   of MTW HCV Households Served as stated in an agency’s FY 2020 Annual MTW Plan,
   to arrive at a leasing percentage that determines if an agency has met its stated goal for

                                                                                             5
   housing MTW voucher households for FY2020. MTW PHAs that have achieved less
   than 95 percent of their Planned Number of MTW HCV Households Served will have the
   allocation adjusted downward in proportion to the extent that it is below 95 percent.
   Finally, with further respect to capacity, HUD may determine a PHA, including an MTW
   PHA, lacks capacity to administer EHVs based on unresolved outstanding civil rights
   violations or major program management findings from an Inspector General audit, HUD
   management review, or Independent Public Accountant (IPA) audit for the PHA’s HCV
   program, or other significant program compliance issues that were not resolved, or in the
   process of being resolved, as determined by HUD.

d. Base formula structure
    All PHAs will be assigned a base formula allocation, which is estimated using a dual
   formula structure that provides the highest allocation of vouchers for a PHA based on one
   of these formulas:
   Formula A. Homeless Need Adjusted for PHA Capacity
          The estimated Homeless Need as described in paragraph (a) assigned to a PHA
          reduced by the PHA’s leasing potential divided by total Homeless Need less
          national leasing potential multiplied by the number of EHVs available to be
          allocated.
   Formula B. At-risk of Homelessness Need Adjusted for PHA Capacity
          At-risk Category 1 assigned to a PHA reduced by a PHA’s leasing potential
          divided by all PHA At-risk Category 1 less national leasing potential multiplied by
          50 percent of EHVs available to be allocated plus
          At-risk category 2 assigned to a PHA reduced by a PHA’s leasing potential
          divided by all PHA At-risk category 2 less national leasing potential multiplied by
          50 percent of EHVs available to be allocated.
   The formula compares the allocation the PHA would receive under each formula and
   uses the formula allocation that allocates the highest number of EHVs to the PHA. That
   assigned voucher allocation is then subject to a pro-rata reduction so that the total number
   of EHVs that will be allocated to all PHAs is equal to the 70,000 vouchers available to be
   allocated.
e. Minimum allocation size and rural area adjustments

   HUD generally considers 25 vouchers to be the necessary minimum allocation size for a
   PHA to implement a targeted voucher program that has unique rules and alternative
   requirements. Accordingly, the basic allocation formula requires that the PHA must
   qualify for a minimum of 25 vouchers in order to receive an allocation with the following
   exception. As discussed earlier, the formula makes adjustments with respect to this
   minimum size in order to ensure high need rural areas are represented. For areas (county

                                                                                             6
      or group of counties) with high rates of homelessness or at-risk of homelessness
      populations, at least one PHA will receive an allocation of EHVs, even if no PHA met the
      minimum 25 voucher requirement. The PHA that is primarily operating in the high need
      area and to which the formula would allocate the largest allocation of EHVs will be
      allocated the greater of (1) the number of vouchers it received under the base formula or
      (2) 15 EHVs.
      Each state has a base allocation, which is the total number of EHVs allocated to each
      PHA in the state under the base formula allocation in paragraph d. The minimum size
      allocation requirement and the rural high need adjustments may, however, cause the base
      allocation of some states to change. To restore the state base allocation (and to maintain
      the national total of 70,000 EHVs), the formula makes one final pro-rata adjustment. If
      there are not enough “below the minimum” vouchers (EHVs not allocated because they
      were part of an allocation that was less than 25 vouchers) within the state necessary to
      make up for the rural high need adjustments (where PHAs received additional vouchers
      to reach the 15-voucher minimum), each PHA will always receive its minimum size
      allocation. The minimum allocation size is 25 vouchers in most cases but will be 24 to
      15 vouchers for PHAs that received the rural high need adjustment.
      If on the other hand there are more vouchers available for the state because of the number
      of “below the minimum” vouchers exceeded the number of vouchers needed to make the
      rural high need adjustments, the formula makes the following adjustment. First, the
      number of vouchers available for reallocation is reduced proportionate across all of this
      subgroup of states to support the vouchers allocated above the state base amounts
      described in the paragraph above.
      Next, for the remaining vouchers, for states where there is a state agency that administers
      the HCV program, the state agency will receive the additional vouchers because the state
      agency is likely to be able to operate in those rural areas of the state that did not get an
      allocation because they did not qualify as a high need area. For states without a state
      agency administering the HCV program, HUD will prorate the excess “below the
      minimum” vouchers to all PHAs in the state that qualified for an EHV allocation based
      on their share of allocated vouchers above the high need rural area 15-voucher minimum.
      HUD will reallocate any vouchers within the state that become available because PHAs
      declined their initial EHV allocation using the same approach described above, that is,
      allocating to state agencies if a state has a state agency or pro-rata within the state if it
      does not.


5. Invitation/Acceptance Process

   Once HUD has determined the EHV allocation in accordance with section 4 above, HUD
   will notify eligible PHAs of the number of EHVs allocated to the PHA no later than May 10,
   2021.


                                                                                                      7
    The notification will specify the number of vouchers allocated to the PHA in accordance with
    the allocation formula and will provide specific instructions regarding how the PHA may
    either accept or decline the allocation. While PHAs are encouraged to accept the entire EHV
    allocation, the PHA may choose to accept a lower number of vouchers than the number
    offered by HUD in the notification, but not less than the minimum allocation of 25 or 15
    EHVs, as applicable.
    HUD may subsequently contact PHAs to ask them to accept or decline the offer of additional
    EHVs if additional EHVs become available because other PHAs declined their allocation.
    PHAs are encouraged to respond to HUD’s notification as soon as possible but must provide
    their acceptance of the allocation (or a portion of the allocation) and the terms and conditions
    of the program no later than 14 calendar days following HUD’s notification.6


6. Administrative Fees and Funding for Other Eligible Expenses
    The ARP provides funding for fees for the costs of administering the EHVs and other eligible
    expenses defined by notice to prevent, prepare for and respond to coronavirus to facilitate the
    leasing of the emergency housing vouchers, such as security deposit assistance and other
    costs related to retention and support of participating owners.
    PHAs will be allocated administrative fee funding for EHV administrative costs and for other
    eligible expenses described in this notice. These fees may only be used for EHV
    administration and other eligible expenses and must not be used for or applied to other PHA
    programs or vouchers (e.g., regular HCVs, Mainstream vouchers, etc.). As is the case with
    Mainstream vouchers, the PHA must maintain separate financial records from its regular
    HCV funding for all EHV funding, both HAP and administrative fee amounts. Please see
    section 15 below for more information on the use of funds, reporting, and financial records.
    PHAs will be allocated administrative fees as follows:
    a. Preliminary Fee. PHAs will receive a single, one-time preliminary fee of $400 per EHV
       allocated to the PHA once the PHA’s CACC is amended to reflect the EHV funding
       obligation. This fee amount will support the anticipated immediate start-up costs that the
       PHA will incur in implementing the EHV alternative requirements, such as the outreach
       to and coordination with the CoC7 and other potential partnering agencies and planning
       and development. This fee may be used for any eligible administrative expenses related
       to the EHVs. This fee may also be used to pay for any of the eligible activities under the
       EHV services fee (see paragraph d below).

    b. Placement Fee /Expedited Issuance Reporting Fee. This fee amount will support
       initial lease-up costs as well as the added cost and effort required to expedite the leasing

6
  PHAs are not required to have the memorandum of understanding (MOU) in place with the CoC at the time they
accept the allocation. PHAs that agree to accept an allocation must enter into an MOU with a partnering CoC within
30 days of the effective date of the ACC funding increment for the EHVs. See section 9.b below.
7
  Please see the description of the CoC and its partnership role in referring families to the PHA in section 9.b below.

                                                                                                                     8
         of the EHVs. Initial lease-up costs are expected to include the PHA’s costs to establish
         and refine the direct referral process with its partners and to expedite income
         determinations, family briefings, and voucher issuance. It also supports the PHA’s costs
         to report the issuance of the EHV to HUD ahead of the normally applicable reporting
         deadlines, which will allow HUD access to EHV issuance data in as timely a manner as
         possible.

         PHAs will receive $100 for each EHV that is initially leased upon the effective leasing
         date of that voucher if the PHA reported the voucher issuance date8 in the Public Housing
         Information Center-Next Generation (PIC-NG) system within 14 days of the later of the
         voucher issuance date or the date when the system becomes available for reporting. (See
         Section 15 for additional information on reporting requirements.)

         PHAs will receive an additional placement fee of $500 for each EHV family placed under
         a HAP contract that is effective no later than four months after the effective date of the
         ACC funding increment for that EHV, or $250 for each EHV family placed under a HAP
         contract with an effective date that is after 4 months but no later than six months after the
         effective date of the ACC funding increment for that EHV.9 This bifurcated fee structure
         is based on the anticipated extra costs the PHA will experience in its efforts to expedite
         the leasing of the EHVs and the expectation that those costs should start to diminish as
         the PHA gains more experience operating the EHV program and resolving leasing
         challenges for EHV families.

         In cases where the PHA received more than one EHV allocation and the funding
         increments have different dates, HUD will determine the PHA’s eligibility for the
         placement fee based on the effective date of the PHA’s initial increment. EHVs from the
         initial increment are expected to be issued and leased first for purposes of calculating the
         placement fee. Once the number of EHVs under lease equals the total number of
         vouchers allocated under the initial increment, HUD will use the effective date of the
         PHA’s subsequent allocation to determine the PHA’s eligibility for the $500 or $250
         placement fee.
         For example, if the PHA reported the voucher issuance within 14 days and leased the
         voucher within the four-month window, the PHA would receive $600 as the total
         placement and expedited issuance fee. If the PHA reported the voucher issuance within
         14 days and leased the voucher within the six-month window, the PHA would receive
         $350. If the PHA reported the voucher issuance within 14 days but did not lease the
         voucher until after the six-month window had passed, the PHA would receive $100. The
         PHA does not receive the fee if the issued voucher is never leased.



8
  The “voucher issuance date” is the actual date the voucher is issued to the family, line 2 on the Voucher (form
HUD-52646).
9
  For example, if the funding increment for the family’s EHV is June 1, 2021, the HAP contract must have an
effective date of no later than October 1, 2021, for the PHA to earn the $500 placement fee, or no later than
December 1, 2021, for the PHA to earn the $250 placement fee.

                                                                                                                    9
   The placement/expedited issuance reporting fee is only applicable to the initial time the
   voucher is leased by the PHA. The placement/expedited issuance reporting fee is not
   paid for subsequent lease-ups (e.g., the family moves to another unit or the EHV
   participant leaves the program and the voucher is reissued to another family prior to the
   prohibition on reissuance of turnover vouchers after September 30, 2023).
   This placement fee may be used for any eligible administrative expenses related to the
   EHVs. This fee may also be used to pay for any of the eligible activities under the EHV
   services fee (see paragraph d below).

c. On-going Administrative Fee. The on-going administrative fee for EHVs is calculated
   in the same manner as the on-going administrative fee that the PHA receives for its
   regular HCV program. PHAs will be allocated the full Column A administrative fee
   amount for each EHV that is under HAP contract as of the first day of each month. The
   Column A administrative fee rates for the HCV program are available on HUD’s website
   and may be accessed at the following:
   https://www.hud.gov/program_offices/public_indian_housing/programs/hcv

   As the ARP appropriations for the EHVs are obligated to PHAs and expended by PHAs
   on program purposes over time, HUD may be required to prorate the EHV ongoing
   administrative fee calculations in future years, based on available EHV funding.

   Similar to the regular HCV administrative fee process, HUD will make the EHV ongoing
   administrative fees available to PHAs each month based on actual leasing reported by the
   PHA for prior months. HUD will reconcile the PHA’s EHVs administrative fees on a
   periodic basis and at the end of each calendar year (commencing with CY 2022). HUD
   recognizes that prior month EHV leasing data will not be available during the early stages
   of the PHA’s EHV program. For each of the first three months following the ACC
   funding increment effective date, HUD will advance the PHA ongoing administrative
   fees equal to the amount of ongoing administrative fees the PHA would receive for that
   month if all EHVs allocated to the PHA were fully leased so that the PHA also has
   ongoing administrative fees available to meet the initial costs of EHV administration.
   The advanced ongoing administrative fees will be taken into account when HUD first
   reconciles the PHA’s EHV administrative fees.

   EHV ongoing administrative fees may be used for any eligible administrative expenses
   related to the EHVs. These fees may also be used to pay for any of the eligible activities
   under the EHV services fee (see paragraph d below).

d. Services Fee. A PHA will be allocated a one-time services fee to support its efforts in
   implementing and operating an effective EHV services program that will best address the
   needs of EHV eligible individuals and families in its jurisdiction. This fee will be
   allocated to the PHA once the PHA’s CACC is amended to reflect the EHV funding
   obligation. The amount allocated to each PHA will be equal to $3,500 for each EHV
   allocated to the PHA. Note that the services fee amount is not tied to each voucher, but
   instead is the combined total of the services fees are available to the PHA to design a

                                                                                               10
menu of services that will best address the leasing challenges faced by the EHV eligible
families in the PHA’s community. The PHA may use the services fee to provide any or
all of the defined eligible uses to assist families to successfully lease units with the EHVs.

The PHA is strongly encouraged to consult with its CoC and its other homeless
services/victim services referral partners in establishing which activities it will undertake
in support of EHVs and any parameters or requirements regarding the application of
those activities. For example, if the PHA is working with several direct referral partners
and one partner is able to provide security deposit assistance and the other is not, the
PHA may provide security deposit assistance for direct referral families from the latter
agency but not for families who are already eligible for and receiving security deposit
assistance from the partnering agency. The PHA may limit the amount of assistance that
it provides for any of the eligible uses and place other restrictions on those uses.
However, the services fee funding must be initially used for these defined eligible uses
and not for other administrative expenses of the EHV. Service fee funding may never be
used for the HCV program.

The eligible uses implemented by the PHA and the parameters/requirements established
by the PHA must be described in the PHA’s administrative plan. Any services fee
assistance that is returned to the PHA after its initial or subsequent use (such as security
deposits/utility deposits/other assistance that may be wholly or partly returned to the PHA
by the owner/utility supplier/family) may only be applied to the eligible services fee uses
defined by this notice (or subsequent notice) or other EHV administrative costs. Any
amounts not expended for these eligible uses when the PHA’s EHV program ends must
be remitted to HUD.

The eligible uses are designed to prevent and respond to coronavirus by facilitating the
leasing of the EHVs, which will provide vulnerable individuals and families a much safer
housing environment to minimize the risk of coronavirus exposure or spread. Individuals
and families who are homeless or at-risk of homelessness are often living in conditions
that significantly increase the risk of exposure to coronavirus in addition to other health
risks.

The services fees fall into four main components comprised of specific activities:

   i.   Housing Search Assistance.

     As discussed in section 9.d below, the PHA is required to ensure housing search
     assistance is made available to EHV families during their initial housing search. The
     PHA may use the services fee funding to provide this required housing search
     assistance to EHV families during their initial housing search. Housing search
     assistance is a broad term which may include many activities such as but not limited
     to helping a family identify and visit potentially available units during their housing
     search, helping to find a unit that meets the household’s disability-related needs,
     providing transportation and directions, assisting with the completion of rental
     applications and PHA forms, and helping to expedite the EHV leasing process for

                                                                                           11
              the family. For specific information on the EHV housing search assistance
              requirement, please refer to section 9.d.

           ii.   Security Deposit/Utility Deposit/Rental Application/Holding Fee Uses.

                 A. Application fees/non-refundable administrative or processing
                    fees10/refundable application deposit assistance. The PHA may choose to
                    assist the family with some or all these expenses.

                 B. Holding fees. In some markets, it is not uncommon for an owner to request a
                    holding fee that is rolled into the security deposit after an application is
                    accepted but before a lease is signed. The PHA may cover part or all of the
                    holding fee for units where the fee is required by the owner after a tenant’s
                    application has been accepted but before the lease signing. The PHA and
                    owner must agree how the holding fee gets rolled into the deposit, and under
                    what conditions the fee will be returned. In general, owners need to accept
                    responsibility for making needed repairs to a unit required by the initial
                    housing quality standards (HQS) inspections and can only keep the holding
                    fee if the client is at fault for not entering into a lease.

                 C. Security deposit assistance. The PHA may provide security deposit
                    assistance for the family. The amount of the security deposit assistance may
                    not exceed the lesser of two months’ rent to owner, the maximum security
                    deposit allowed under applicable state and/or local law, or the actual security
                    deposit required by the owner. The PHA may choose to pay the security
                    deposit assistance directly to the owner or may pay the assistance to the
                    family, provided the PHA verifies the family paid the security deposit. The
                    PHA may place conditions on the security deposit assistance, such as
                    requiring the owner or family to return the security deposit assistance to the
                    PHA at the end of the family’s tenancy (less any amounts retained by the
                    owner in accordance with the lease). Security deposit assistance returned to
                    the PHA must be used for either services fee eligible uses or other EHV
                    administrative costs.

                 D. Utility deposit assistance/utility arrears. The PHA may provide utility
                    deposit assistance for some or all of the family’s utility deposit expenses.
                    Assistance can be provided for deposits (including connection fees) required
                    for the utilities to be supplied by the tenant under the lease. The PHA may
                    choose to pay the utility deposit assistance directly to the utility company or
                    may pay the assistance to the family, provided the PHA verifies the family
                    paid the utility deposit. The PHA may place conditions on the utility deposit
                    assistance, such as requiring the utility supplier or family to return the utility

10
  In some markets, non-refundable administrative fees are becoming more common as states pass laws limiting
application fees, or as an alternative to refundable deposits.



                                                                                                              12
          deposit assistance to the PHA at such time the deposit is returned by the utility
          supplier (less any amounts retained by the utility supplier). In addition, some
          families may have large balances with gas, electric, water, sewer, or trash
          companies that will make it difficult if not impossible to establish services for
          tenant-supplied utilities. The PHA may also provide the family with
          assistance to help address these utility arrears to facilitate leasing. Utility
          deposit assistance that is returned to the PHA must be used for either services
          fee eligible uses or other EHV administrative costs.

iii.   Owner-related uses.

       A. Owner recruitment and outreach. The PHA may use the service fee
          funding to conduct owner recruitment and outreach specifically for EHVs. In
          addition to traditional owner recruitment and outreach, activities may include
          conducting pre-inspections (see section 9.l below) or otherwise expediting the
          inspection process, providing enhanced customer service, and offering owner
          incentive and/or retention payments (see paragraph B that follows below).

       B. Owner incentive and/or retention payments. The PHA may make incentive
          or retention payments to owners that agree to initially lease their unit to an
          EHV family and/or renew the lease of an EHV family. The PHA may design
          the owner incentive payment to meet its specific needs (such as, for example,
          limiting the incentive payments to new owners or owners in high opportunity
          neighborhoods, or structuring all or part of the payment as a damages or
          unpaid rent mitigation fund, where the owner receives the mitigation payment
          only if the security deposit is insufficient to cover damages and other amounts
          owed under the lease). The PHA may condition the offer of the owner
          incentive payment on the owner’s agreement to abide by certain terms and
          conditions. For example, the PHA could require the owner to agree to contact
          and work with the family’s CoC case manager or other intervention services
          (assuming such services are available) should lease violations or other tenant-
          related issues arise during the assisted tenancy before taking action to evict the
          tenant.

          HUD anticipates that owner incentive/retention payments would typically be
          made as a single payment at the beginning of the assisted lease term (or lease
          renewal if a retention payment). However, regardless of the frequency that
          the PHA chooses to make such payments, owner incentive/retentions
          payments are not housing assistance payments and are not part of the rent to
          owner. Owner incentive/retention payments are not taken into consideration
          when determining whether the rent for the unit is reasonable.

iv.    Other eligible uses.

       A. Moving expenses (including move-in fees and deposits). The PHA may
          provide assistance for some or all of the family’s reasonable moving expenses

                                                                                         13
                 when they initially lease a unit with the EHV. The PHA may not provide
                 moving expenses assistance for subsequent moves unless the family is
                 required to move for reasons other than something the family did or failed to
                 do (e.g., the PHA is terminating the HAP contract because the owner did not
                 fulfill the owner responsibilities under the HAP contract or the owner is
                 refusing to offer the family the opportunity to enter a new lease after the initial
                 lease term, as opposed to the family choosing to terminate the tenancy in order
                 to move to another unit), or a family has to move due to domestic violence,
                 dating violence, sexual assault, or stalking, for example.

             B. Tenant-readiness services. The PHA may use the services fee funding to
                help create customized plans to address or mitigate barriers that individual
                families may face in renting a unit with an EHV, such as negative credit, lack
                of credit, negative rental or utility history, or to connect the family to other
                community resources (including COVID-related resources) that can assist
                with rental arrears.

             C. Essential household items. The PHA may use the services fee funding to
                assist the family with some or all of the costs of acquiring essential household
                items as defined by the PHA (e.g., tableware, bedding, etc.).

             D. Renter’s insurance if required by the lease. The PHA may use the services
                fee funding to assist the family with some or all of the cost of renter’s
                insurance, but only in cases where the purchase of renter’s insurance is a
                condition of the lease.


7. Housing Assistance Payments (HAP) Funding
   ARP funding obligated to the PHA as HAP funding may only be used for eligible EHV HAP
   expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV
   administrative expenses or for the eligible uses under the EHV services fee.

   EHV HAP funding amounts will be calculated as follows:
   a. Initial funding allocation
      Upon the PHA’s acceptance of the EHV allocation in accordance with section 5 above
      and the requirements of the allocation notification, HUD will amend the PHA’s CACC to
      reflect the obligation of the EHV funding and the associated units for the initial funding
      term of those vouchers.
      The initial funding term will expire on December 31, 2022.
      The initial funding increment for the EHV allocation will be based on the PHA’s per unit
      cost (PUC) for the PHA’s HCV program, adjusted for inflation and taking into
      consideration that the initial term is longer than 12 months. However, if during the initial
      term a PHA can demonstrate based on actual leasing and costs that the HAP funding will

                                                                                                 14
  be insufficient to cover its actual HAP costs for the EHVs for the initial term, the PHA
  may request that HUD adjust the initial funding increment amount for the EHVs during
  the initial funding term. If the PHA has demonstrated the need to do so, HUD will adjust
  the initial funding amount based on the actual costs incurred upon request by the PHA to
  ensure the PHA has sufficient funding during the initial funding term to lease all of its
  EHVs and pay its EHV HAP costs through December 31, 2022. If the PHA believes that
  it needs an adjustment, it should contact its financial analyst in HUD’s Office of Housing
  Voucher Programs Financial Management Center (FMC).
b. Renewal funding process
  HUD will provide renewal funding to the PHA for the EHVs on a calendar year basis
  commencing with CY 2023. The renewal funding allocation will be based on the PHA’s
  actual EHV HAP costs and leasing, similar in many respects to the renewal process for
  the regular HCV program. However, renewal funding for the EHVs is not part of the
  annual HCV renewal funding formula nor are the funds for EHV renewals appropriated
  in HUD’s annual appropriations Acts. EHVs are renewed separately from the regular
  HCV program (similar to Mainstream vouchers). All renewal funding for the duration of
  the EHV program has already been appropriated as part of the $5 billion provided by the
  ARP. No additional EHV HAP renewal appropriations are anticipated at this time.
  The process for determining the PHA’s EHV renewal funding for CY 2023 and
  subsequent calendar years is described below. Note that PHAs may receive an estimated
  renewal amount for the first few months of the calendar year until their final renewal
  eligibility is determined for the calendar year.
  (1) The HAP funding baseline is established based on the PHA’s actual EHV leasing and
  cost data for the previous calendar year.
  (2) The Renewal Funding Inflation Factor (RFIF) used in the HCV program, adjusted for
      localities, will be applied to the PHA’s EHV HAP funding baseline described above.
      The RFIFs are published by HUD’s Office of Policy, Development and Research
      (PD&R) and can be found at https://www.huduser.gov/portal/datasets/rfif/rfif.html.
  (3) HUD will review the PHA’s EHV Restricted Net Position (RNP), including amounts
      held by HUD, for the PHA’s EHVs. HUD may adjust the CY renewal allocation
      based on the calculated year end EHV RNP and HUD Held Reserves. Starting with
      the CY 2024 renewal allocations, HUD will also take into consideration the number
      of EHVs that have turned over and cannot be reissued because of the statutory
      prohibition on reissuance of turnover vouchers after September 30, 2023. HUD will
      further adjust the renewal allocation based on the number of vouchers that are being
      reallocated to other PHAs due to the PHA’s failure to lease its authorized vouchers as
      described in section 14 below.
     HUD will consider the number of vouchers that have not yet been leased and if the
     number of EHVs leased increased throughout the baseline CY. If the renewal

                                                                                          15
          allocation and the PHA’s EHV RNP and HUD Held Reserves are insufficient to
          account for the increased leasing or expected increased leasing, HUD will adjust the
          renewal funding allocation accordingly.
      (4) Adjustments to the PHA’s EHV renewal allocation may also be made during the HCV
          renewal funding calendar year. Subject to availability of the remaining funds, HUD
          will adjust renewal allocations upon request by the PHA for (1) EHV per-unit cost
          increases for unforeseen circumstances that occurred within or after the
          benchmarking period which the PHA could not reasonably have anticipated
          and were out of the PHA’s control, and (2) a PHA that would otherwise be required
          to terminate participating EHV families from the program due to insufficient funds,
          despite taking reasonable cost savings measures as determined by HUD,.
      (5) When the remaining EHV HAP renewal funding is no longer sufficient to fully fund
          all PHAs’ EHV renewal funding eligibility, HUD will prorate EHV renewal funding
          allocations. To determine the proration factor for the EHV renewal allocation, HUD
          will calculate the total HAP renewal funding eligibility for all PHAs still
          administering EHVs and compare that amount to the remaining available EHV HAP
          renewal funds. This proration factor is then applied to each PHA’s EHV HAP
          renewal eligibility to determine the EHV renewal allocations.

   HUD will provide the PHA with detailed information on its EHV renewal calculations and
   the process by which PHAs may request renewal funding allocation adjustments during the
   covered renewal period.


8. Individual and Family Eligibility under the Qualifying Categories
   In order to be eligible for an EHV, an individual or family must meet one of four eligibility
   categories:
             Homeless
             At risk of homelessness
             Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault,
              stalking, or human trafficking
             Recently homeless and for whom providing rental assistance will prevent the
              family’s homelessness or having high risk of housing instability.

   In general, the verification that the individual or family meets one of these four eligibility
   categories is conducted by the CoC or another partnering agency that makes direct referrals
   to the PHA. The CoC or other direct referral partner must provide supporting documentation
   to the PHA of the referring agency’s verification that the family meets one of the four
   eligible categories for EHV assistance.
   The following definitions always apply with respect to EHV eligibility, regardless of whether
   the PHA may have established another definition for any of these terms in its PHA
   administrative plan.

                                                                                                   16
a. Individuals and families who are homeless

   The meaning of “homeless” is as such term is defined in section 103(a) of the McKinney-
   Vento Homeless Assistance Act (42 U.S.C. 11302(a)), which is codified in HUD’s
   Continuum of Care Program regulations at 24 CFR 578.3 and reads as follows:
   Homeless means:
          (1) An individual or family who lacks a fixed, regular, and adequate nighttime
          residence, meaning:
                 (i) An individual or family with a primary nighttime residence that is a
                 public or private place not designed for or ordinarily used as a regular
                 sleeping accommodation for human beings, including a car, park,
                 abandoned building, bus or train station, airport, or camping ground;
                 (ii) An individual or family living in a supervised publicly or privately
                 operated shelter designated to provide temporary living arrangements
                 (including congregate shelters, transitional housing, and hotels and motels
                 paid for by charitable organizations or by federal, State, or local
                 government programs for low-income individuals); or
                 (iii) An individual who is exiting an institution where he or she resided for
                 90 days or less and who resided in an emergency shelter or place not
                 meant for human habitation immediately before entering that institution.
          (2) An individual or family who will imminently lose their primary nighttime
          residence, provided that:
                 (i) The primary nighttime residence will be lost within 14 days of the date
                 of application for homeless assistance;
                 (ii) No subsequent residence has been identified; and
                 (iii) The individual or family lacks the resources or support networks, e.g.,
                 family, friends, faith-based or other social networks, needed to obtain
                 other permanent housing.
          (3) Unaccompanied youth under 25 years of age, or families with children and
          youth, who do not otherwise qualify as homeless under this definition, but who:
                 (i) Are defined as homeless under section 387 of the Runaway and
                 Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act
                 (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of
                 1994 (42 U.S.C. 14043e-2), section 330(h) of the Public Health Service
                 Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008
                 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42



                                                                                            17
                 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless
                 Assistance Act (42 U.S.C. 11434a);
                 (ii) Have not had a lease, ownership interest, or occupancy agreement in
                 permanent housing at any time during the 60 days immediately preceding
                 the date of application for homeless assistance;
                 (iii) Have experienced persistent instability as measured by two moves or
                 more during the 60-day period immediately preceding the date of applying
                 for homeless assistance; and
                 (iv) Can be expected to continue in such status for an extended period of
                 time because of chronic disabilities; chronic physical health or mental
                 health conditions; substance addiction; histories of domestic violence or
                 childhood abuse (including neglect); the presence of a child or youth with
                 a disability; or two or more barriers to employment, which include the
                 lack of a high school degree or General Education Development (GED),
                 illiteracy, low English proficiency, a history of incarceration or detention
                 for criminal activity, and a history of unstable employment.


b. Individuals or families who are at-risk of homelessness

   The meaning of “at-risk of homelessness” is as such term is defined in section 401(1) of
   the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)), which is codified
   in HUD’s Continuum of Care Program regulations at 24 CFR 578.3 and reads as follows:

          At risk of homelessness. (1) An individual or family who:

                 (i)     Has an annual income below 30 percent of median family income
                         for the area, as determined by HUD;

                 (ii)    Does not have sufficient resources or support networks, e.g.,
                         family, friends, faith-based or other social networks, immediately
                         available to prevent them from moving to an emergency shelter or
                         another place described in paragraph (1) of the “Homeless”
                         definition above; and

                 (iii)   Meets one of the following conditions:

                         (A) Has moved because of economic reasons two or more times
                             during the 60 days immediately preceding the application for
                             homelessness prevention assistance;

                         (B) Is living in the home of another because of economic hardship;

                         (C) Has been notified in writing that their right to occupy their

                                                                                             18
                              current housing or living situation will be terminated within 21
                              days of the date of application for assistance;

                          (D) Lives in a hotel or motel and the cost of the hotel or motel stay
                              is not paid by charitable organizations or by federal, State, or
                              local government programs for low-income individuals;

                          (E) Lives in a single-room occupancy or efficiency apartment unit
                              in which there reside more than two persons, or lives in a
                              larger housing unit in which there reside more than 1.5 people
                              per room, as defined by the U.S. Census Bureau;

                          (F) Is exiting a publicly funded institution, or system of care (such
                              as a health-care facility, a mental health facility, foster care or
                              other youth facility, or correction program or institution); or

                          (G) Otherwise lives in housing that has characteristics associated
                              with instability and an increased risk of homelessness, as
                              identified in the recipient's approved consolidated plan.


          (2) A child or youth who does not qualify as “homeless” under this section, but
          qualifies as “homeless” under section 387(3) of the Runaway and Homeless
          Youth Act (42 U.S.C. 5732a(3)), section 637(11) of the Head Start Act (42 U.S.C.
          9832(11)), section 41403(6) of the Violence Against Women Act of 1994 (42
          U.S.C. 14043e-2(6)), section 330(h)(5)(A) of the Public Health Service Act (42
          U.S.C. 254b(h)(5)(A)), section 3(m) of the Food and Nutrition Act of 2008 (7
          U.S.C. 2012(m)), or section 17(b)(15) of the Child Nutrition Act of 1966 (42
          U.S.C. 1786(b)(15)); or

          (3) A child or youth who does not qualify as “homeless” under this section, but
          qualifies as “homeless” under section 725(2) of the McKinney-Vento Homeless
          Assistance Act (42 U.S.C. 11434a(2)), and the parent(s) or guardian(s) of that
          child or youth if living with her or him.

c. Individuals or families who are fleeing, or attempting to flee, domestic violence,
   dating violence, sexual assault, stalking or human trafficking
   This category is composed of any individual or family who is fleeing, or is attempting to
   flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking.
   This includes cases where a HUD-assisted tenant reasonably believes that there is a threat
   of imminent harm from further violence if they remain within the same dwelling unit, or
   in the case of sexual assault, the HUD-assisted tenant reasonably believes there is a threat
   of imminent harm from further violence if they remain within the same dwelling unit that
   they are currently occupying, or the sexual assault occurred on the premise during the 90-
   day period preceding the date of the request for transfer.


                                                                                               19
Domestic violence includes felony or misdemeanor crimes of violence committed by:
   a. a current or former spouse or intimate partner of the victim (the term “spouse or
      intimate partner of the victim” includes a person who is or has been in a social
      relationship of a romantic or intimate nature with the victim, as determined by the
      length of the relationship, the type of the relationship, and the frequency of
      interaction between the persons involved in the relationship),

   b. a person with whom the victim shares a child in common,
   c. a person who is cohabitating with or has cohabitated with the victim as a spouse
      or intimate partner,
   d. a person similarly situated to a spouse of the victim under the domestic or family
      violence laws of the jurisdiction receiving grant monies, or
   e. any other person against an adult or youth victim who is protected from that
      person's acts under the domestic or family violence laws of the jurisdiction.
Dating violence means violence committed by a person:
   a. Who is or has been in a social relationship of a romantic or intimate nature with
      the victim; and
   b. Where the existence of such a relationship shall be determined based on a
      consideration of the following factors:
       1. The length of the relationship;
       2. The type of relationship; and
       3. The frequency of interaction between the persons involved in the relationship.
Sexual assault means any nonconsensual sexual act proscribed by Federal, Tribal, or
State law, including when the victim lacks capacity to consent.

Stalking means engaging in a course of conduct directed at a specific person that would
cause a reasonable person to:

       (1) Fear for the person’s individual safety or the safety of others; or
       (2) Suffer substantial emotional distress.

Human trafficking includes both sex and labor trafficking, as outlined in the Trafficking
Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7102). These are
defined as:

       Sex trafficking means the recruitment, harboring, transportation, provision,
       obtaining, patronizing, or soliciting of a person for the purpose of a commercial
       sex act, in which the commercial sex act is induced by force, fraud, or coercion,
       or in which the person induced to perform such act has not attained 18 years of

                                                                                           20
              age; (and)

              Labor trafficking means the recruitment, harboring, transportation, provision, or
              obtaining of a person for labor or services, through the use of force, fraud, or
              coercion for the purpose of subjection to involuntary servitude, peonage, debt
              bondage, or slavery.

   d. Individuals or families who are recently homeless
      This category is composed of individuals and families determined by the CoC or its
      designee to meet the following definition.
      Recently homeless is defined as individuals and families who have previously been
      classified by a member agency of the CoC as homeless but are not currently homeless as
      a result of homeless assistance (financial assistance or services), temporary rental
      assistance or some type of other assistance, and where the CoC or its designee determines
      that the loss of such assistance would result in a return to homelessness or the family
      having a high risk of housing instability. Examples of households that may be defined as
      recently homeless by the CoC include, but are not limited to, participants in rapid
      rehousing, and permanent supportive housing.
      Individuals and families classified as recently homeless must be referred by the CoC or
      its designee.


9. Waivers and Alternative Requirements.

   The Secretary may waive or specify alternative requirements for any provision of the United
   States Housing Act of 1937 or regulation applicable to such statute other than requirements
   related to fair housing, nondiscrimination, labor standards, and the environment, upon a
   finding that the waiver or alternative requirement is necessary to expedite or facilitate the use
   of EHV funding.

   EHVs are tenant-based vouchers under Section 8(o) of the United States Housing Act of
   1937. Unless expressly waived below, all statutory and regulatory requirements and HUD
   directives regarding the HCV program are applicable to EHVs, including the use of all HUD-
   required contracts and other forms. The administrative policies adopted in the PHA’s written
   administrative plan apply to the EHVs vouchers unless such local policy conflicts with the
   requirements of the ARP, the requirements of this notice, or the waivers and alternative
   requirements outlined below.

   These waivers and alternative requirements have been determined by the Secretary to be
   necessary to expedite and facilitate the use of the EHV funding. These waivers or alternative
   requirements are exceptions to the normal HCV requirements, which otherwise apply to the
   administration of the EHVs.



                                                                                                  21
HUD may waive and/or establish alternative requirements for additional statutory and
regulatory provisions by subsequent notice. A PHA may request additional good cause
regulatory waivers in connection with the use of the EHVs, which HUD will consider and
assess upon the request of the PHA.

a. COVID-19 waivers (waivers authorized for the regular HCV program under the
   CARES Act)

   The Coronavirus Aid, Relief and Economic Security (CARES) Act (Public Law 116-136)
   provides HUD with broad authority to waive or establish alternative requirements for
   numerous statutory and regulatory requirements for the HCV program. However, the
   CARES Act waiver authority does not cover EHV funding appropriated by the ARP.
   HUD recognizes that the challenges the COVID-19 pandemic has created for the regular
   HCV program will likewise apply to the administration of the EHVs. Consequently,
   HUD is exercising its waiver authority under the ARP to provide some of the same menu
   of HCV-applicable CARES Act waivers to PHAs for administration of the EHV
   assistance. The use of these COVID-19-related EHV waivers is at the discretion of the
   individual PHA. A PHA may choose to apply all, some, or none of the waivers to the
   EHV assistance.
   Unlike the other ARP waivers provided through this notice, these EHV COVID-19
   waivers have limited periods of availability that currently match the same periods of
   availability for the CARES Act waivers. The period of availability for these EHV
   COVID-19 waivers/alternative requirements, collectively or individually, may be further
   extended by PIH notice should HUD determine that such similar extension is necessary
   for the CARES Act waivers, or if HUD otherwise determines it necessary to further
   extend these waivers for the EHVs. PHAs that implement these waivers are not required
   to keep the waiver/alternative requirement in-place for the full period of availability
   (including any extension) but may at any time choose to revert to regular program
   requirements and operations.
   Attachment 1 of this notice provides the list of COVID-19 related waivers that the PHA
   may apply to the EHV. PHAs should refer to Notice PIH 2021-14 or its successor
   notice(s) for detailed information on the individual waivers listed in Attachment 1.


b. Required partnerships with the CoC and other organizations for direct referrals
   and services

   EHVs are one of several resources that communities can use to house individuals and
   families who are experiencing homelessness or have unstable housing. To ensure that the
   EHVs assist families who are most in need, PHAs are required to work with community
   partners to determine the best use and targeting for the vouchers along with other
   resources available in the community.


                                                                                         22
         HUD’s CoC program is authorized by subtitle C of title IV of the McKinney-Vento
         Homeless Assistance Act (42 U.S.C. 11381-11389). The program is designed to promote
         communitywide commitment to the goal of ending homelessness; provide funding for
         efforts by nonprofit providers, States, and local governments to quickly rehouse homeless
         individuals (including unaccompanied youth) and families, while minimizing the trauma
         and dislocation caused to homeless individuals, families, and communities by
         homelessness; promote access to and effective utilization of mainstream programs by
         homeless individuals and families; and optimize self-sufficiency among individuals and
         families experiencing homelessness.

         The CoC is organized to carry out the responsibilities required under the program and is
         composed of representatives of organizations, including nonprofit homeless providers,
         victim service providers, faith-based organizations, governments, businesses, advocates,
         public housing agencies, school districts, social service providers, mental health agencies,
         hospitals, universities, affordable housing developers, law enforcement, organizations
         that serve homeless and formerly homeless veterans, and homeless and formerly
         homeless persons to the extent these groups are represented within the geographic area
         and are available to participate.

         Provisions in the CoC Program Interim Rule at 24 CFR § 578.7(a)(8) require that CoCs
         establish a Coordinated Entry (CE) System. The CE System is a centralized or
         coordinated process designed to coordinate program participant intake assessment and
         provision of referrals. A centralized or coordinated assessment system covers the
         geographic area of the CoC, is easily accessed by individuals and families seeking
         housing or services, is well advertised, and includes a comprehensive and standardized
         assessment tool.

         HUD is establishing an alternative requirement under which the PHA must enter into a
         Memorandum of Understanding (MOU) with the CoC to establish a partnership for the
         administration of the EHVs. The primary responsibility of the CoC under the MOU is to
         make direct referrals of qualifying individuals and families to the PHA (see section 9.c
         below). Partner CoCs are responsible for determining whether the family qualifies under
         one of the four eligibility categories for EHVs. Additionally, CoCs are encouraged to
         offer or make connections to supportive services for families that are referred to the PHA,
         including, but not limited to, short- or long-term case management, collecting necessary
         verifications to support referrals, housing counseling, housing search assistance and
         utility deposit assistance.11 HUD recommends CoCs and PHAs seek a diverse range of
         supportive services by partnering with organizations trusted by people experiencing
         homelessness. The specific services that the CoCs will provide to individuals or families
         referred for the EHV program must be outlined in the MOU with the CoC.



11
  PHAs may use services fee funding for housing search assistance and utility deposit services, but if such services
are already available through the CoC, the services fee funding should be directed to other uses that are not available
through the CoC. It is important that the PHA collaborate with the CoC and any other partnering agencies in
designing its menu of uses for the services fee funding.

                                                                                                                    23
  PHAs that agree to accept an allocation must enter into an MOU with a partnering CoC
  within 30 days of the effective date of the ACC funding increment for the EHVs.

  The MOU is a complete statement of the responsibilities of the parties and evidence of a
  commitment of resources to the EHV program. The MOU may be subsequently amended
  to add or change the services that the CoC may provide but must always retain the direct
  referral responsibility of the CoC. A sample MOU template is included in Attachment 2
  of this notice.

  The MOU must include at a minimum:

  1. The PHA’s and CoC’s commitment to administering the EHVs in partnership.
  2. The goals and standards of success in administering the EHVs.
  3. The staff position for each organization that will serve as the lead EHV liaison.
  4. A statement that all parties agree to cooperate with any program evaluation efforts
     undertaken by HUD, or a HUD-approved contractor, including compliance with HUD
     evaluation protocols and data sharing requests.
  5. The specific population eligible for the EHV assistance that will be referred to the
     PHA by the CoC or other partnering referral agency.
  6. The services, including financial assistance, that will be provided to assist EHV
     applicants and participants and who will provide them.
  7. The roles and responsibilities of the PHA and CoC, including but not limited to the
     CoC making direct referrals of families to the PHA through the CE system.

  A PHA that experiences difficulty in identifying a CoC partner, or where the CoC may be
  unwilling or reluctant to enter the MOU due to capacity issues or other concerns, or
  where the PHA is worried about its ability to fulfill this requirement within the required
  deadline despite a good-faith effort, is encouraged to contact HUD as promptly as
  possible for assistance. HUD or its Technical Assistance (TA) provider will work with
  the PHA to help facilitate a partnership, which may include using a partnering referral
  agency other than the CoC. In rare circumstances HUD may waive the partnership/direct
  referral requirement for the PHA for an interim period if such a step is necessary while
  building capacity at the CoC or other potential partnering referral agency. Information on
  EHV technical assistance and how to request it will be provided by HUD during the EHV
  webinar to be conducted after issuance of this notice.

c. Admissions process - Direct referrals from the CoC and other partnering
   organizations

  PHAs must accept referrals for EHVs directly from the CE System. Accepting direct
  referrals from the CE System will help ensure families are able to get assistance quickly
  and eliminate the administrative burden on the PHA regarding the determination as to
  whether the family meets the definition of a qualifying individual or family for EHV
  assistance. CoC partners may also support applicants through the application process and
  attend meetings with applicants and PHAs to aid individuals and families through the
  admissions process. Direct referrals for EHVs are not added to the PHA’s regular HCV

                                                                                         24
waiting list.

In general, EHV families are issued EHVs as the result of either:

        (1) the direct referral process from the CoC CE System and/or other partnering
            organizations, or

        (2) a situation where the PHA makes an EHV available in order to facilitate an
        emergency transfer in accordance with the Violence Against Women Act
        (VAWA) as outlined in the PHA’s Emergency Transfer Plan. (PHAs are strongly
        encouraged to utilize EHVs as a resource to effectuate emergency transfers for a
        victim of domestic violence, dating violence, sexual assault, or stalking, as part of
        their Violence Against Women Act (VAWA) Emergency Transfer Plan.)

The PHA must also take direct referrals from outside the CoC CE system if:
         (1) the CE system does not have a sufficient number of eligible families to refer
        to the PHA, or
        (2) the CE system does not identify families that may be eligible for EHV
        assistance because they are fleeing, or attempting to flee, domestic violence,
        dating violence, sexual assault, stalking or human trafficking.
In those instances the PHA must enter into a partnership to receive direct referrals from
another entity (a Victim Services provider or anti-trafficking service provider, for
example, if the CE system is not referring victims fleeing, or attempting to flee, domestic
violence, dating violence, sexual assault, stalking or human tracking) or another homeless
services provider (if there are not enough direct referrals coming through the CE system),
assuming there are such additional organizations that can certify that an individual or
family is homeless or at risk of homelessness, formerly homeless, is an individual or
family is fleeing or attempting to flee domestic violence, dating violence, sexual assault,
stalking, or human trafficking. (Applicants under the “Recently homeless” category must
by definition (see section 8.d above) always be referred by the CoC or its designee.) The
PHA must enter an MOU with partnering referral agency as described above in section
9.b. Alternatively, the partnering referral agency may be added to the MOU between the
PHA and CoC.
The referring agency must provide documentation to the PHA of the referring agency’s
verification that the family meets one of the four eligible categories for EHV assistance.
The PHA must retain this documentation as part of the family’s file. HUD has attached
to this notice two examples of certifications that could be used to document the referring
agency’s verification. (See Attachments 3 and 4).
Other than cases where a family is requesting an emergency transfer in accordance with
VAWA as outlined in the PHA’s Emergency Transfer Plan, the PHA must refer a family



                                                                                           25
        that is seeking EHV assistance directly from the PHA to the CoC or other referring
        agency partner for initial intake, assessment, and possible referral for EHV assistance.
        If at any time the PHA is not receiving enough referrals or is not receiving referrals in a
        timely manner from the CoC CE system or other partner referral agencies (or the PHA
        and CoC cannot identify any such alternative referral partner agencies), the PHA should
        contact HUD for assistance. HUD may permit the PHA on a temporary or permanent
        basis to take EHV applications directly from applicants and admit eligible families to the
        EHV program in lieu of or in addition to direct referrals in those circumstances.

        PHAs must inform families on the HCV waiting list of the availability of EHVs by, at a
        minimum, either by posting the information to their website or providing public notice in
        their respective communities. The PHA notice must describe the eligible populations to
        which the EHVs are limited and clearly state that the availability of these EHVs is
        managed through a direct referral process. The PHA notice must advise the family to
        contact the CoC (or any other PHA referral partner, if applicable) if the family believes
        they may be eligible for EHV assistance. In providing this notice, PHAs must ensure
        effective communication with persons with disabilities, including those with vision,
        hearing, and other communication-related disabilities. PHAs must also take reasonable
        steps to ensure meaningful access for persons with limited English proficiency (LEP).
        (See Section 11 – Nondiscrimination and Equal Opportunity Requirements - for more
        information.)

        If the PHA has a preference for victims of domestic violence, dating violence, sexual
        assault, stalking, or human trafficking for the regular HCV program, the PHA must refer
        any applicant on the waiting list that indicated they qualified for this preference to the
        CoC or the applicable partnering referral agency. The CoC or partnering referral agency
        will determine if the family is eligible (based on the qualifying definition for EHV
        assistance for those fleeing, or attempting to flee, domestic violence, dating violence,
        sexual assault, stalking, or human trafficking or another eligible category as applicable)
        for an EHV.
        If the PHA has a homeless preference for the regular HCV program, the PHA must refer
        any applicant on the waiting list that indicated they qualified for the homeless preference
        to the CoC. The CoC will determine whether the family is eligible for an EHV (based on
        the qualifying definition for EHV assistance for homelessness or another eligible
        category as applicable). The CoC will also determine if the family is eligible for other
        homeless assistance through the CE system.

        With the exception of special admissions,12 the HCV regulations require that the PHA
        admit an applicant as a waiting list admission. In order to implement the above
        alternative requirements, HUD is waiving § 982.204(a), which requires that except for
        special admissions, participants must be selected from the PHA waiting list and that the
        PHA must select participants from the waiting list in accordance with admission policies

12
 A special admission (24 CFR § 982.203) is a non-waiting list admission that is only applicable if HUD awards a
PHA program funding that is targeted for families living in specified units.

                                                                                                              26
   in the PHA administrative plan.

d. Required housing search assistance

   Housing search assistance can help EHV participants successfully move to areas of higher
   opportunity, as well as broaden the pool of landlords participating in the EHV program,
   including culturally or racially diverse landlords and landlords with smaller numbers of
   units. HUD has established as an alternative requirement that the PHA must ensure
   housing search assistance is made available to EHV families during their initial housing
   search. The housing search assistance may be provided directly by the PHA or through
   the CoC or another partnering agency or entity.

   Housing search assistance is a broad term which can include many activities, but with
   respect to this requirement it must at a minimum (1) help individual families identify
   potentially available units during their housing search, including physically accessible
   units with features for family members with disabilities, as well as units in low-poverty
   neighborhoods, (2) provide transportation assistance and directions to potential units, (3)
   conduct owner outreach, (4) assist with the completion of rental applications and PHA
   forms, and (5) help expedite the EHV leasing process for the family. Other
   recommended, but not required, housing search activities include helping individual
   families identify barriers to leasing (e.g., low credit score, evictions history) and
   strategies to address these barriers, workshops on how to conduct an effective housing
   search, enhanced support for portability processing, regular proactive check-ins for
   families searching with a voucher, regular reminders to the family of their voucher
   expiration date and extension policies, and a dedicated landlord liaison for EHV voucher
   families. The PHA may use any of the EHV administrative fees (including the services
   fees) described in section 6 for EHV housing search assistance.

e. Separate waiting list for EHVs

   The HCV program regulations at § 982.204(f) provide that a PHA must use a single
   waiting list for admission to its HCV program.

   It is possible that the number of applicants referred by partnering agencies at a given time
   may exceed the EHVs available for the PHA to issue to families. HUD recognizes that
   requiring PHAs to utilize its existing HCV waiting list to manage EHV referrals will
   create unnecessary administrative burden, complications, and delays.

   HUD is therefore waiving § 982.204(f) to establish an alternative requirement under
   which the PHA shall maintain a separate waiting list for EHV referrals/applicants to help
   expedite the leasing process, both at initial leasing and for any turnover vouchers that
   may be issued prior to the September 30, 2023 turnover voucher cut-off date.

   Because the EHV waiting list is based on direct referrals or requests through the PHA’s
   VAWA emergency transfer plan and not applications from the general public, HUD is
   also waiving § 982.206, which requires the PHA to give public notice when opening and

                                                                                            27
   closing the waiting list. Under this alternative requirement, the PHA will work directly
   with its CoC and other referral agency partners to manage the number of referrals and the
   size of the EHV waiting list.

f. Local Preferences

   Under the HCV program, the PHA may establish a system of local preferences for the
   selection of families. The PHA may have an existing set of local preferences for its HCV
   program that understandably does not align with the specific targeted purpose of the
   EHVs. Furthermore, the PHA, in conjunction with the CoC and other referral partners,
   may wish to establish preferences specifically designed for EHV admissions that the
   PHA would not want to apply to its regular HCV waiting list. Excluding EHVs from the
   PHA’s normally applicable local preference system will simplify EHV administration
   and ensure that EHVs are not being prioritized based on preferences designed for the
   broad universe of HCV eligible applicants rather than the subset of EHV qualifying
   families.
   HUD is waiving § 982.207(a) and establishing an alternative requirement that the local
   preferences established by the PHA for HCV admissions do not apply to EHVs. The
   PHA may choose, in coordination with the CoC and other referral partners, to establish
   separate local preferences for EHVs, or may simply choose to not establish any local
   preferences for the EHV waiting list.
   In establishing any local preferences for the EHV waiting list, the preference may not
   prohibit EHV admissions from any of the four qualifying categories of eligibility. The
   preference system prioritizes the order in which families on the EHV waiting list are
   assisted but does not allow the PHA to refuse to accept a referred family that meets one
   of the four EHV eligibility categories, or otherwise delay issuance of an available
   voucher to that eligible family in order to “hold” the voucher for a future referral of a
   preference holder. In cases where the PHA and the referral agency partners are
   contemplating local preferences for the EHV waiting list, HUD strongly encourages
   PHAs and their partners to consider designing preferences that take into consideration the
   comparative health risks that COVID-19 poses to the subgroup of families eligible for
   EHVs (e.g., individuals or families living in environments where practicing social
   distancing or taking other preventive measures may be particularly challenging). The
   PHA must ensure any local preferences did not discriminate on the basis of any federally
   protected classes and cannot utilize criteria or methods of administration which would
   result in discrimination. See Section 11 – Nondiscrimination and Equal Opportunity
   Requirements for more information on applicable federal civil rights requirements.
   The HCV program regulations at § 982.207(b) allows a PHA to adopt and implement a
   residency preference in accordance with the non-discrimination and equal opportunity
   requirements listed at § 5.105(a). Given the emergency nature of these vouchers, the fact
   that many individuals and families in the targeted populations may not necessarily qualify
   as a “resident” due to their housing circumstances, and the direct referral /coordinated

                                                                                            28
   entry aspect of EHV administration, it is not appropriate to apply residency preferences
   for EHV admission. Consequently, HUD is waiving § 982.207(b) and establishing an
   alternative requirement under which a PHA may not apply any residency preference to
   EHV applicants.
g. Restrictions on PHA denial of assistance to an EHV applicant

   The HCV program regulations at § 982.552 and § 982.553 cover the grounds under
   which a PHA may deny an applicant admission to the program and in certain cases is
   required to do so. These grounds include the following:
       If any member of the family has been evicted from federally assisted housing in the
        last five years.
       If a PHA has ever terminated assistance under the program for any member of the
        family.
       If any member of the family has committed fraud, bribery, or any other corrupt or
        criminal act in connection with any Federal housing program.
       If the family currently owes rent or other amounts to the PHA or to another PHA in
        connection with Section 8 or public housing assistance under the 1937 Act.
       If the family has not reimbursed any PHA for amounts paid to an owner under a
        HAP contract for rent, damages to the unit, or other amounts owed by the family
        under the lease.
       If the family breached an agreement with the PHA to pay amounts owed to a PHA,
        or amounts paid to an owner by a PHA.
       If the family engaged in or threatened abusive or violent behavior toward PHA
        personnel.
       If the family has been engaged in criminal activity or alcohol abuse as described in §
        982.553.

   HUD is waiving §982.552 and § 982.553 in part and establishing an alternative
   requirement with respect to mandatory and permissive prohibitions of admissions for
   EHV applicants. The EHV alternative requirement is as follows:
   Mandatory Prohibitions.
   (1) The PHA must apply the standards it established under § 982.553(a)(1)(ii)(C) that
       prohibit admission if any household member has ever been convicted of drug-related
       criminal activity for manufacture or production of methamphetamine on the premises
       of federally assisted housing to EHV applicants.

   (2) The PHA must apply the standards it established under § 982.553(a)(2)(i) that
       prohibit admission to the program if any member of the household is subject to a
       lifetime registration requirement under a State sex offender registration program to
       EHV applicants.

   Permissive Prohibitions.


                                                                                              29
         The PHA may prohibit admission of a family for the grounds stated below. The PHA
         may choose not to prohibit admission for these grounds or may establish a more
         permissive policy than the PHA’s policy for admission to the regular HCV program. The
         PHA may not establish a permissive prohibition policy for EHV applicants that is more
         prohibitive than the policy established for admissions to the regular HCV program. The
         PHA policy on EHV permissive prohibitions must be described in the PHA’s
         administrative plan.

         If the PHA intends to establish permissive prohibition policies for EHV applicants, the
         PHA must consult with its CoC partner to understand the impact that the proposed
         prohibitions may have on referrals and must take the CoC’s recommendations into
         consideration. The PHA policy on EHV permissive prohibitions must be described in the
         PHA’s administrative plan. Determinations must be made based on an individualized
         assessment of relevant mitigating information.13 The permissive prohibitions are:

         (1) If the PHA determines that any household member is currently engaged in, or has
             engaged in within the previous 12 months:
                  a. Violent criminal activity.
                  b. Other criminal activity which may threaten the health, safety, or right to
                     peaceful enjoyment of the premises by other residents or persons residing in
                     the immediate vicinity.14

         (2) If any member of the family has committed fraud, bribery, or any other corrupt or
             criminal act in connection with any Federal housing program within the previous 12
             months.

         (3) If the family engaged in or threatened abusive or violent behavior toward PHA
             personnel within the previous 12 months.

         Unlike regular HCV admissions, PHAs may not deny an EHV applicant admission
         regardless of whether:


13
   See Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal
Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016), available at
https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF at 7 (“individualized assessment
of relevant mitigating information beyond that contained in an individual’s criminal record is likely to have a less
discriminatory effect than categorical exclusions that do not take such additional information into account. Relevant
individualized evidence might include: the facts or circumstances surrounding the criminal conduct . . . evidence that
the individual has maintained a good tenant history before and/or after the . . . conduct; and evidence of
rehabilitation efforts.”)
14
   Please see PIH Notice 2015-19. The purpose of PIH 2015-19 is to inform PHAs and owners of other federally-
assisted housing that arrest records may not be the basis for denying admission, terminating assistance or evicting
tenants, to remind PHAs and owners that HUD does not require their adoption of “One Strike” policies, and to
remind them of their obligation to safeguard the due process rights of applicants and tenants. See also Office of
General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by
Providers of Housing and Real Estate-Related Transactions (April 4, 2016), available at
https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF (overviewing how applying
criminal records screening too broadly may implicate fair housing liability for housing providers).

                                                                                                                   30
             Any member of the family has been evicted from federally assisted housing in the
              §A PHA has ever terminated assistance under the program for any member of the
              family.
             The family currently owes rent or other amounts to the PHA or to another PHA in
              connection with Section 8 or public housing assistance under the 1937 Act.
             The family has not reimbursed any PHA for amounts paid to an owner under a HAP
              contract for rent, damages to the unit, or other amounts owed by the family under the
              lease.
             The family breached an agreement with the PHA to pay amounts owed to a PHA, or
              amounts paid to an owner by a PHA.
             The family would otherwise be prohibited admission under alcohol abuse standards
              established by the PHA in accordance with §982.553(a)(3).
             The PHA determines that any household member is currently engaged in or has
              engaged in during a reasonable time before the admission, drug-related criminal
              activity.

        Similar to the HUD-Veterans Affairs Supportive Housing (HUD-VASH) program, HUD
        is eliminating the PHA’s permissive prohibitions for EHV admissions for drug-related
        criminal activity. The eligible populations of homeless and at-risk of homelessness
        individuals and families may include individuals struggling with drug addiction, and that
        addiction may be one of the root causes of their homelessness. As demonstrated by the
        “Housing First’ model, providing the individual with safe housing may be a critical first
        step in helping the individual recover from addiction. Consequently, prohibitions based
        on criminal activity for the eligible EHV populations regarding drug possession should be
        considered apart from criminal activity against persons (i.e., violent criminal activity).
        Further, the Department remains concerned about the potential discriminatory effect that
        reliance on drug-related criminal activity history as grounds for denial of admission may
        pose for the EHV program. For further information on the use of criminal histories and
        the Fair Housing Act, please see HUD’s Office of General Counsel Guidance on the
        Application of Fair Housing Act Standards to the Use of Criminal Records by Providers
        of Housing and Real Estate-Related Transactions, issued on April 4, 2016.15
        The PHA must still deny admission to the program if any member of the family fails to
        sign and submit consent forms for obtaining information in accordance with 24 CFR part
        5 as required by § 982.552(b)(3), but should notify the family of the limited EHV
        grounds for denial of admission first.
        When adding a family member after the family has been placed under a HAP contract
        with EHV assistance, the regulations at § 982.551(h)(2) apply. Other than the birth,



15
  Available at https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF. This Guidance
cautions against the screening of applicants for tenancy using criminal records where such screening may
disproportionately impact protected classes, and where the housing provider cannot prove such a policy is necessary
to achieve a substantial, legitimate, nondiscriminatory interest.

                                                                                                                31
  adoption or court-awarded custody of a child, the PHA must approve additional family
  members and may apply its regular screening criteria in doing so.


h. Income Verification at Admissions

  Under the HCV program, PHAs must determine whether an applicant family’s income
  exceeds the applicable income limit as established by HUD in the jurisdiction where the
  family wishes to lease a unit. While the verification hierarchy described in Notice PIH
  2018-18 applies to income determinations for applicants, the Enterprise Income
  Verification (EIV) system generally is not available for verifying income of applicants.
  The program regulations under § 982.201(e) requires that the PHA must receive
  information verifying that an applicant is eligible within the 60-day period before the
  PHA issues a voucher to the applicant. For verification purposes, Notice PIH 2018-18
  states that third-party generated documents be dated within 60 days of the PHA’s request.
  For homeless families and other EHV eligible families, documentation may not be
  readily on-hand and may be difficult to obtain quickly. Accepting self-certifications and
  allowing for the delay of receipt of documentation and/or third-party verification will
  allow the CoC/partnering agency to assist the family in obtaining the necessary
  documentation without unduly delaying the family’s housing assistance.
  HUD is waiving the third-party income verification requirements for EHV applicants
  and, alternatively, allowing PHAs to consider self-certification as the highest form of
  income verification at admission. Applicants must submit an affidavit attesting to
  reported income, assets, expenses and other factors which would affect an income
  eligibility determination. Additionally, applicants may provide third-party
  documentation which represents the applicant’s income within the 60-day period prior to
  admission or voucher issuance but is not dated within 60 days of the PHA’s request. For
  example, a Supplemental Security Income (SSI) benefit letter that was issued in
  November 2020 to represent the applicant’s benefit amount for 2021 and was provided to
  the PHA in September 2021 would be an acceptable form of income verification. As a
  reminder, the PHA may also use the SSI benefit letter as proof of disability.
  Once HUD makes the EIV data available to PHAs under this waiver and alternative
  requirement, the PHA must: review the EIV Income and Income Validation Tool (IVT)
  Reports to confirm/validate family-reported income within 90 days of the PIC-NG (see
  Section 15 of this notice below) submission date; print and maintain copies of the EIV
  Income and IVT Reports in the tenant file; and resolve any income discrepancy with the
  family within 60 days of the EIV Income or IVT Report dates.
  Prior to admission, PHAs must continue to use HUD’s EIV system to search for all
  household members using the Existing Tenant Search. The PHA may be required to
  deny assistance to household members already receiving assistance from another
  program.

                                                                                          32
   PHAs are encouraged to incorporate additional procedures to remind families of the
   obligation to provide true and complete information. PHAs that conduct eligibility
   determinations under this waiver/alternative requirement will be responsible for
   addressing any material discrepancies (i.e., unreported income or a substantial difference
   in reported income) that may arise later and must take necessary enforcement actions if
   the tenant was never eligible due to their income, as well as initiate HUD-compliant
   payment plans for those whose unreported income was unintentional and do not make the
   tenant ineligible for the program accordingly.
   The adoption of this waiver does not authorize any ineligible family to receive assistance
   under these programs. If a PHA later determines that an ineligible family received
   assistance, the PHA must take steps to terminate that family from the program.
i. Eligibility Determination: Social Security Number and Citizenship Verification

   HCV applicants must disclose and document and PHAs must verify the social security
   numbers (SSN) of each applicant. Applicant documentation may include a valid SSN
   card issued by the Social Security Administration; an original document issued by a
   federal or state government agency which contains the individual’s name, SSN and other
   identifying information; or other evidence of the SSN as prescribed by HUD. Generally,
   a PHA may not admit an applicant until the required documentation is provided to verify
   the SSN of each household member.
   PHAs also must verify evidence of U.S. citizenship or eligible immigration status for
   noncitizens claiming eligibility for assistance. Each eligible household member must
   sign a declaration of their status and eligible noncitizens must also provide supporting
   documentation, which must be submitted by the time of the eligibility determination.
   Documentation verifying U.S. citizenship may also be requested. Since eligibility for
   assistance is limited to U.S. citizens and noncitizens who have eligible immigration
   status, families in which not all members are U.S. citizens or have eligible immigration
   status are only eligible to receive pro-rated housing assistance based on the percentage of
   family members who qualify for assistance.
   Additionally, PHAs must verify each family member’s date of birth to verify identity and
   determine age and disability status per 24 CFR § 5.403, if claimed. These family
   characteristics impact the income and tenant rent calculations.
   This documentation may not be readily on hand and may be difficult to obtain for
   individuals and families experiencing homelessness. Accepting self-certifications and
   delaying the receipt of documentation and/or third-party verification will allow PHAs to
   assist EHV families more quickly and provide time for the family (with assistance from
   the CoC or other partnering agencies) to obtain the necessary documentation.
   HUD is consequently waiving the requirement to obtain and verify SSN documentation
   and documentation evidencing eligible noncitizen status before admitting the family to
   the EHV program. PHAs may adopt policies to admit EHV applicants who are unable to

                                                                                            33
   provide the required SSN or citizenship documentation during the initial eligibility
   determination. As an alternative requirement, such individuals must provide the required
   documentation within 180 days of admission to be eligible for continued assistance,
   pending verification, unless the PHA provides an extension based on evidence from the
   family or confirmation from the CoC or other partnering agency that the family has
   made a good-faith effort to obtain the documentation. If a family member appeals
   secondary verification of immigration documents, PHAs are reminded that assistance
   may not be delayed, denied, reduced or terminated on the basis of immigration status
   pending the completion of the appeal as described in § 5.514(e).
   Additionally, PHAs may accept self-certification of date of birth and disability status if a
   higher level of verification is not immediately available. If self-certification is used, the
   PHA must obtain a higher level of verification within 90 days of admission or verify the
   information in EIV.
   PHAs are encouraged to incorporate additional procedures to remind families of the
   obligation to provide true and complete information. PHAs that conduct eligibility
   determinations under this waiver/alternative requirement will be responsible for
   addressing any material discrepancies (i.e., erroneous SSNs) that may arise later and must
   take necessary enforcement actions accordingly. The adoption of this waiver does not
   authorize any ineligible family to receive assistance under these programs. If a PHA
   determines that an ineligible family received assistance, the PHA must take steps to
   terminate that family from the program.
j. Inapplicability of Income Targeting Requirements

   The PHA must determine income eligibility for EHV families in accordance with §
   982.201. However, the income targeting requirements of section 16(b) of the United
   States Housing Act of 1937 and § 982.201(b)(2) are waived and do not apply for EHV
   families so that participating PHAs can effectively serve individuals and families in all
   the eligibility categories under the ARP who may be at a variety of income levels,
   including low-income families. The PHA may still choose to include the admission of
   extremely low-income EHV families in its income targeting numbers for the fiscal year
   in which these families are admitted. In conformance with normal program rules, PHAs
   may not deny admission to a family with zero income and must consider hardship
   circumstances before charging a minimum rent in accordance with § 5.630(b).
k. Use of recently conducted initial income determinations and verifications at
   admission

   Some families who were recently homeless but are now currently residing in rapid
   rehousing or are receiving other time-limited housing assistance may have had their
   income recently verified under that housing assistance program. Furthermore, families
   who are eligible for EHV assistance as victims of domestic violence, dating violence,
   sexual assault, stalking, or human trafficking may be currently assisted through other
   subsidized housing programs such as public housing. PHAs may accept income

                                                                                              34
   calculations and verifications from third-party providers or from an examination that the
   PHA conducted on behalf of the family for another subsidized housing program in lieu of
   conducting an initial examination of income as long as the income was (1) calculated in
   accordance with rules outlined at 24 CFR Part 5 and within the last six months and (2)
   the family certifies there has been no change in income or family composition in the
   interim. At the time of the family’s annual reexamination the PHA must conduct the
   annual reexamination of income as outlined at 24 CFR § 982.516.

   For each new admission under this waiver and alternative requirement, the PHA must:
   review the EIV Income and IVT Reports to confirm/validate family-reported income
   within 90 days of the PIC-NG (see Section 15 of this notice) submission date; print and
   maintain copies of the EIV Income and IVT Reports in the tenant file; and resolve any
   income discrepancy with the family within 60 days of the EIV Income or IVT Report
   dates.

l. Pre-inspection of HQS units

   To expedite the leasing process, PHAs may pre-inspect available units that EHV families
   may be interested in leasing in order to maintain a pool of eligible units. If an EHV
   family selects a unit that passed a HQS inspection (without intervening occupancy)
   within 45 days of the date of the Request for Tenancy Approval (form HUD-52517), the
   unit may be approved as long as it meets all other conditions under § 982.305. However,
   the family must be free to select their unit and cannot be required to accept a pre-screened
   unit.
m. Initial Search Term

   While the EHV program provides the PHA with funding designed to help increase the
   success rate of EHV families in obtaining housing (such as security deposit assistance,
   landlord incentives, and housing search assistance), these families may still face
   significant challenges with their housing search. An initial search term of 60 days may
   be inadequate for EHV families. Consequently, HUD is waiving § 982.303(a), which
   provides that the initial search term must be at least 60 days and is establishing an
   alternative requirement that the initial term for an EHV must be at least 120 days. Any
   extensions, suspensions, and progress reports will remain under the policies in the PHA’s
   administrative plan but will apply after the minimum 120-day initial search term.
   As a reminder, a PHA must grant reasonable accommodation requests to extend the
   housing search term that may be necessary for individuals with disabilities to find a unit
   that meets their disability-related needs. For example, it may be challenging to find a
   unit that includes specific accessibility features, is close to accessible transportation, or
   close to supportive services or medical facilities.
n. Initial lease term



                                                                                               35
   Under the HCV program, the family must enter into an initial lease with the owner for at
   least one year, unless a shorter term would improve housing opportunities for the tenant
   and the shorter term is a prevailing market practice. To provide a greater range of
   housing opportunities for EHV families, HUD is waiving Section 8(o)(7)(A) of the
   United States Housing Act of 1937 and § 982.309(a)(2)(ii). The initial lease term for an
   EHV family may be less than 12 months regardless of whether the shorter term is a
   prevailing market practice.
o. Portability

   The normal HCV portability procedures and requirements generally apply to EHVs with
   the following exceptions.

  i. No prohibition on portability for non-resident applicants

     Under the HCV program, if neither the household head nor spouse of an assisted family
     already had a “domicile’ (legal residence) in the jurisdiction of the PHA at the time the
     family first submitted an application for participation in the program, the family does
     not have any right to portability during the 12-month period from when the family is
     admitted to the program. Such a family is a “non-resident applicant.” The initial PHA
     may choose to allow portability during this period but is not required to do so.

     In order to provide maximum housing choice for the targeted populations, HUD is
     removing this restriction for EHV nonresident applicants to allow all EHV families to
     immediately move under portability. Accordingly, HUD is waiving section
     8(r)(1)(B)(i) of the United States Housing Act of 1937 and § 982.353(c). The PHA
     may not restrict an EHV family from exercising portability because they are a non-
     resident applicant.

 ii. Portability billing and absorption

     A receiving PHA cannot refuse to assist an incoming EHV family, regardless of
     whether the PHA does or does not currently administer EHVs under its own ACC.

     If the EHV family moves under portability to another PHA that administers EHVs
     under its own ACC:

           The receiving PHA may only absorb the incoming EHV family with an EHV
            (assuming it has an EHV voucher available to do). If the PHA does not have an
            EHV available to absorb the family, it must bill the initial PHA. The receiving
            PHA must allow the family to lease the unit with EHV assistance and may not
            absorb the family with a regular HCV when the family leases the unit.

           Regardless of whether the receiving PHA absorbs or bills the initial PHA for the
            family’s EHV assistance, the EHV administration of the voucher is in
            accordance with the receiving PHA’s EHV policies, although neighboring

                                                                                           36
             PHAs and PHAs in the same metro area or region are strongly encouraged to
             work collaboratively with one another to align EHV policies and help facilitate
             EHV portability moves between their jurisdictions.

    If the EHV family moves under portability to another PHA that does not administer
    EHV under its own ACC, the receiving PHA may absorb the family into its regular
    HCV program or may bill the initial PHA.

iii. Family briefing/initial PHA and receiving PHA coordination on services

    In addition to the applicable family briefing requirements at § 982.301(a)(2) as to how
    portability works and how portability may affect the family’s assistance, the initial
    PHA must inform the family how portability may impact the special EHV services and
    assistance that may be available to the family.

    The initial PHA is required to help facilitate the family’s portability move to the
    receiving PHA and inform the family of this requirement in writing taking reasonable
    steps to ensure meaningful access for persons with limited English proficiency (LEP).
    If the portability move is in connection with the EHV family’s initial lease-up, the
    receiving PHA and the initial PHA must consult and coordinate on the EHV services
    and assistance that will be made available to the family. The primary purpose of this
    communication is to ensure there is no duplication of EHV services and assistance
    provided to the family and that the receiving PHA is aware of the maximum amount of
    services fee funding that the initial PHA may provide to the receiving PHA on behalf of
    the family. (Further information on this subject is provided in subsection iv below.)

iv. EHV portability – HAP and EHV administrative fees

    A. HAP and ongoing fees

        The requirements at 982.355(e) apply to portability billing arrangements on behalf
        of an EHV family:

            The initial PHA must promptly reimburse the receiving PHA for the full amount
             of the housing assistance payments made by the receiving PHA for the family.
            The initial PHA must promptly reimburse the receiving PHA for the lesser of 80
             percent of the initial PHA’s EHV ongoing administrative fee or 100 percent of
             the receiving PHA's ongoing administrative fee (or the receiving PHA’s EHV
             ongoing administrative fee if the receiving PHA administers the EHV program).
             If both PHAs agree, the PHAs may negotiate a different amount of
             reimbursement.

      B. Services Fee Funding:

            If the receiving PHA, in consultation and coordination with the initial PHA, will
            provide eligible services or assistance to the incoming EHV family, the receiving

                                                                                           37
          PHA may be compensated for those costs by the initial PHA. This is the case
          regardless of whether the receiving PHA bills the initial PHA or absorbs the
          family into its own program at initial lease-up.

          If the receiving PHA administers EHVs under its CACC, the receiving PHA may
          use its own services fee and may be reimbursed by the initial PHA, or the initial
          PHA may provide the services funding upfront to the receiving PHA for those
          fees and assistance. If the receiving PHA does not administer EHVs under its
          CACC, the initial PHA must provide the services funding upfront to the receiving
          PHA. Any amounts provided to the receiving the PHA that are not used for
          services or assistance on behalf of the EHV family must promptly be returned by
          the receiving PHA to the initial PHA.

          The amount of the service fee provided by the initial PHA may not exceed the
          lesser of the actual cost of the services and assistance provided to the family by
          the receiving PHA or $1750, unless the initial PHA and receiving PHA mutually
          agree to change the $1750 cap.

      C. Placement fee/issuance reporting fee:

          If the portability lease-up qualifies for the placement fee/issuance reporting fee,
          the receiving PHA receives the full amount of the placement component of the
          placement/issuing reporting fee. The receiving PHA is eligible for the placement
          fee regardless of whether the receiving PHA bills the initial PHA or absorbs the
          family into its own program at initial lease-up. The initial PHA qualifies for the
          issuance reporting component of the placement fee, as applicable.

     Note that the entire preliminary fee is always paid to and retained by the initial PHA
     and is not impacted by an EHV portability move.

p. Payment standard amounts

   The HCV regulations at 24 CFR § 982.503(a)(3) provide that the PHA voucher payment
   standard schedule shall establish a single payment standard amount for each unit size, and
   that for each unit size, the PHA may establish a single payment standard amount for the
   whole Fair Market Rent (FMR) area, or may establish a separate payment standard
   amount for each designated part of the FMR area.
   Many rental markets with a high need for the EHVs are very competitive with a shortage
   of affordable rental units. EHV recipients who are homeless or at risk of homelessness
   may have relatively lower incomes than regular HCV recipients, limiting their ability to
   rent units with rents above the payment standard. In addition, landlords may be more
   reluctant to rent to homeless individuals who may have limited or poor credit history, a
   limited established rental history, or other issues.



                                                                                              38
   Due to those factors and the emergency nature of these vouchers, HUD is waiving §
   982.503(a)(3) and establishing an alternative requirement permitting PHAs to establish
   separate higher payment standards for the EHVs in order to increase the potential pool of
   available units for EHV families. The separate EHV payment standard must comply with
   all other HCV requirements under § 983.503 with the exception of the waivers of §
   982.503(b)(i) and § 982.503(b)(iii) discussed below.
   Establishing a separate EHV payment standard is at the discretion of the PHA and the
   PHA is not required to do so. PHAs are not permitted to establish a separate payment
   standard for the EHVs that is lower than the regular HCV payment standard. If the PHA
   is increasing the regular HCV payment standard, the PHA must also increase the EHV
   payment standard if it would be otherwise lower than the new regular HCV payment
   standard.
   In addition, HUD is waiving § 982.503(b)(1)(i) and establishing an alternative
   requirement to allow the PHA to establish a payment standard amount for a unit size at
   any level between 90 percent and 120 percent (as opposed to 110 percent) of the
   published FMR for that unit size. HUD approval is not required to establish an EHV
   payment standard within that range.
   Furthermore, HUD is waiving § 982.503(b)(1)(iii) and establishing an alternative
   requirement to provide that a PHA that is not in a designated Small Area FMR area or
   has not opted to voluntarily implement Small Area FMRs under 24 CFR 888.113(c)(3)
   may establish exception payment standards for a ZIP code area above the basic range for
   the metropolitan FMR based on the HUD published Small Area FMRs. The PHA may
   establish an exception payment standard up to 120 percent (as opposed to 110 percent) of
   the HUD published Small Area FMR for that ZIP code area. As is the case for the
   regular HCV program, the PHA must notify HUD if it establishes an EHV exception
   payment standard based on the Small Area FMR. The exception payment standard must
   apply to the entire ZIP code area.
   PHAs may also still request approval for exception EHV payment standards above 120%
   of the applicable FMR/SAFMR from HUD in accordance with § 982.503(b)(1)(iv) or §
   982.503(c) if needed.
   All rent reasonableness requirements at § 982.507 continue to apply to EHV units,
   regardless of whether the PHA has established an alternative or exception EHV payment
   standard. As discussed in section 6 above, PHAs may provide EHV owner incentive
   payments to recruit and retain owners, but the rent charged for the unit must be a
   reasonable rent in comparison to rent for other comparable units.
q. Increase in Payment Standard During HAP Contract Term

   The HCV regulations at 24 CFR § 982.505(c)(4) require that if the payment standard
   amount is increased during the term of the HAP contract, the increased payment standard
   amount shall be used to calculate the monthly housing assistance payment for the family

                                                                                            39
      beginning at the effective date of the family’s first regular reexamination on or after the
      effective date of the increase in the payment standard amount.
      HUD is waiving this requirement and as an alternative requirement providing a PHA with
      the discretion to establish a policy in the PHA administrative plan on when to apply the
      increased payment standard (e.g., interim reexamination, owner rent increase) after the
      effective date of the increase in the payment standard amount, provided the increased
      payment standard is used to calculate the HAP no later than the effective date of the
      family’s first regular reexamination following the change.


10. Moving-to-Work (MTW) Agencies

   MTW agencies that administer EHVs are bound by the terms and conditions of this notice.
   As discussed above in section 9, all HCV statutory and regulatory requirements and HUD
   directives are applicable to EHVs unless waived by this notice. However, MTW agencies
   may request approval from HUD’s Office of Housing Voucher Programs to administer EHVs
   in accordance with the HCV programmatic flexibilities approved under PHA’s Annual MTW
   Plan or MTW Supplement to the PHA Plan, as permitted by its MTW Agreement or the
   MTW Operations Notice. The Office of Housing Voucher Programs may approve the MTW
   PHA’s request provided it determines the requested MTW flexibility is not in direct conflict
   with an EHV waiver or alternative requirement and its application would not have a
   detrimental impact on EHV families. MTW PHAs must submit such requests with
   supporting justification through their local Field Office.

   EHV funding is not eligible for MTW fungibility but must only be used for EHV eligibility
   activities and to assist EHV eligible families. This applies to EHV HAP funding and to all
   forms of EHV administrative fees.

11. Nondiscrimination and Equal Opportunity Requirements

   PHAs are reminded in administering the EHV program to follow all applicable
   nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a) and 24 CFR
   982.53, including but not limited to the Fair Housing Act, Section 504 of the Rehabilitation
   Act of 1973, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act, HUD’s
   Equal Access Rule, and Title II of the Americans with Disabilities Act of 1990. These
   requirements prohibit discrimination on the basis of race, color, religion, sex, familial status,
   national origin, disability, age, sexual orientation, gender identity, and marital status. PHAs
   should also comply with Title III of the Americans with Disabilities Act of 1990 (see 28 CFR
   35.160 and 28 CFR 36.303).

   When an EHV household is or includes a person with disabilities, reasonable
   accommodations may be necessary. A reasonable accommodation is a change, exception or
   adjustment to rules, policies, practices or services that may be necessary in order to enable an
   applicant or resident with a disability to have an equal opportunity to use and enjoy a
   dwelling, including public and common areas, or to participate in or access programs and
   activities. This extends to various aspects of EHV program implementation including for

                                                                                                    40
   example, denial or termination of assistance, initial search term of the EHV, initial lease
   term, and informal reviews and hearings, as well as reasonable accommodations that may be
   necessary during one’s tenancy. Under Section 504, reasonable accommodations may also
   include a structural change to a unit.

   In addition, the PHA must also provide effective communication to persons with disabilities,
   including those with vision, hearing, and other communication related disabilities, which
   includes ensuring that information is provided in appropriate accessible formats as needed,
   e.g., Braille, audio, large type, assistive listening devices, and sign language interpreters,
   accessible website and other accessible electronic communications. See 24 CFR 8.6. The
   PHA must also take reasonable steps to ensure meaningful access for persons with limited
   English proficiency (LEP). LEP guidance and LEP information is available here:
   https://www.federalregister.gov/documents/2007/01/22/07-217/final-guidance-to-
   federalfinancial-assistance-recipients-regarding-title-vi-prohibition-against


12. Inapplicability of Project-based Voucher Assistance

   Section 3202(b)(1) of the ARP provides that the EHVs "shall be tenant-based assistance
   under section 8(o) of the United States Housing Act of 1937." In addition to the requirement
   that EHVs must be tenant-based voucher assistance, several provisions of section 3202 are
   not compatible with project-based voucher assistance. In particular, the requirement with
   respect to the termination of vouchers upon turnover discussed below in Section 13 is clearly
   compatible with tenant-based voucher assistance, but it is not compatible with multi-year
   PBV contracts where assistance is tied to the project. Furthermore, tenant-based assistance,
   when coupled with the funding for other eligible expenses designed to facilitate the leasing of
   the emergency vouchers (notably the security deposit assistance and other costs related to the
   retention and support of owners specifically included in the Act), offers the most expeditious
   approach to assisting families as quickly as possible with these emergency housing vouchers.

   Consequently, PHAs may not project-base EHVs but must administer these vouchers
   exclusively as tenant-based assistance.


13. Termination of Vouchers upon Turnover after September 30, 2023
   The ARP provides that after September 30, 2023, a PHA may not reissue the EHV when
   assistance for an assisted family ends. This means that when an EHV participant (a family
   that is receiving rental assistance under a HAP contract) leaves the program for any reason,
   the PHA may not reissue that EHV to another family unless it does so no later than
   September 30, 2023.
   For example, if an EHV participant leaves the program and their HAP contract terminates on
   August 31, 2023, that EHV must be reissued to another family no later than September 30,
   2023. If the PHA does not reissue the EHV to another family by September 30, 2023, the
   EHV may not be reissued and effectively sunsets. Provided the EHV re-issuance date is no
   later than September 30, 2023, the term of the EHV may extend beyond September 30, 2023.

                                                                                                  41
   However, if the family that was issued the EHV is ultimately unsuccessful in finding a unit
   and that EHV expires after September 30, 2023, the EHV may not be reissued to another
   family. All EHVs under lease on or after October 1, 2023, may not under any circumstances
   be reissued to another family when the participant leaves the program for any reason.
   An EHV that has never been issued to a family may be initially issued and leased after
   September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon
   turnover after assistance to a family has ended. However, HUD may direct PHAs
   administering EHVs to cease leasing any unleased EHVs if such action is determined
   necessary by HUD to ensure there will be sufficient funding available to continue to cover
   the HAP needs of currently assisted EHV families. (While HUD anticipates most EHVs
   under the initial allocation would be leased by September 30, 2023, PHAs may have
   subsequently received a new allocation of EHVs as part of the recapture/reallocation process
   described in section 14 below.)
   HUD will remove any turnover EHV that cannot be reissued from the PHA’s CACC as part
   of the next funding renewal process.


14. HUD authority to revoke and reallocate vouchers for PHA failure to use vouchers
    promptly
   The ARP provides that if a PHA fails to lease its authorized EHVs within a reasonable
   period of time, HUD may revoke and redistribute any unleased vouchers and associated
   funds to other public housing agencies. This would include recapturing any funds
   previously obligated to the PHA that are associated with those revoked vouchers, as
   described further below.
   HUD will be closely monitoring EHV leasing and will evaluate the PHA’s leasing progress
   for purposes of EHV reallocation by assessing the PHA’s EHV performance. This
   evaluation will occur no sooner than the one-year anniversary of the effective date of the
   PHA’s EHV funding increment. A PHA that has a substandard EHV leasing performance
   may be subject to having some or all of its unissued vouchers revoked and reallocated.
   However, under no circumstances will PHAs that have leased at least 95 percent of their
   EHVs have any of their unissued vouchers recaptured and reallocated.
   HUD will refresh the formula allocation data when determining the number of vouchers for
   which a PHA qualifies under the reallocation. PHAs that have reduced their leasing potential
   by increasing voucher utilization during the intervening months, for example, may benefit
   from that improved performance when the allocation formula is run again to reallocate the
   recaptured vouchers.
   In a situation where EHVs are being revoked, the number of EHVs under that PHA’s CACC
   will be reduced to reflect that some or all of the PHA’s EHVs have been revoked. The
   “associated funds” subject to recapture along with the unleased vouchers are the following:
       HAP funding HUD obligated to the PHA that is attributable to the unleased voucher in

                                                                                             42
        the initial funding allocation (and/or subsequent renewal allocations if applicable),
        unless the excess HAP funding has already been accounted for through HUD’s renewal
        process.
       Ongoing administrative fees that were advanced to the PHA unless the advanced
        ongoing administrative fees have already been accounted for through HUD’s
        reconciliation process.
       An amount equivalent to 50 percent of the services fee for each EHV that is being
        revoked, not to exceed the total amount of unexpended services fees available to the
        PHA.
       Preliminary fee. The preliminary fee is provided to the PHA for planning and other
        implementation efforts and it is not expected to be available for recapture and
        reallocation. However, any unused preliminary fee amounts remaining at the time of
        recapture and reallocation will be subject to recapture and reallocation.
       Placement/issuance reporting fee. The placement/issuance reporting fee is provided to
        the PHA to enable the PHA to fulfill lease-up responsibilities. It is not expected that any
        amounts from this fee will remain at the time of recapture and reallocation. However,
        any unused placement fee amounts remaining at the time of recapture and reallocation
        will be subject to recapture and reallocation.

   HUD will issue a separate notice that details the process by which vouchers may be revoked
   and reallocated at least four months before the PHA’s leasing performance will be evaluated.
   PHAs that experience difficulties in leasing EHVs should contact HUD for technical
   assistance (see section 17 below).


15. Use of funds, reporting, and financial records
   EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP
   renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding
   obligated to the PHA may not be used for EHV administrative expenses or the other EHV
   eligible expenses under this notice. Likewise, EHV administrative fees and funding
   obligated to the PHA are to be used for those purposes and must not be used for HAP. See
   section 7 above for instructions if the PHA needs an adjustment to its initial HAP funding
   allocation or its HAP renewal funding to fully lease its EHVs or meet its EHV HAP costs.
   The appropriated funds for EHVs are separate from the regular HCV program. Similar to the
   Mainstream program, these funds may not be used for the regular HCV program but may
   only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular
   HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV
   RNP. EHV administrative fees and funding for other eligible expenses permitted by this
   notice may only be used in support of the EHVs and cannot be used for regular HCVs. EHV
   funding may not be used for the repayment of debts or any amounts owed to HUD by HUD
   program participants including, but not limited to, those resulting from Office of Inspector
   General (OIG), Quality Assurance Division (QAD) or other monitoring review findings.



                                                                                                43
HUD will update the Voucher Management System (VMS) to collect aggregate data from
participating PHAs on a monthly basis consistent with other programs under Section 8(o) of
the United States Housing Act of 1937. This data will initially be used to track leasing and
cost data and to reconcile funds advanced to participating PHAs against actual expenditures
reported.
HUD plans to leverage PIC-NG, the new information technology platform developed for the
MTW Demonstration program’s expansion, to collect EHV tenant information as opposed to
using the existing legacy IMS/PIC system. HUD expects to issue a streamlined Form 50058
in the near future that will allow HUD to pay monthly HAP and administrative fee
disbursements based on that information. Once the new application and processes are
implemented, HUD plans to reduce or eliminate VMS reporting requirements for the
program. Additional information will be forthcoming on PIC-NG rollout and
implementation requirements including expedited timelines for tenant characteristics
reporting. PHAs do not report into IMS/PIC for EHV families.
In the meantime, in order to account for and track the use of the EHV funding, PHAs must
comply with the following reporting and financing record requirements.
a. Voucher Management System reporting:

Because EHVs are funded from a separate appropriation than the regular HCVs, HUD will modify
VMS to track the following data points for EHVs from participating PHAs:

    Emergency Housing Vouchers– Leasing
    Emergency Housing Vouchers - HAP Expenses
    Emergency Housing Vouchers – Preliminary Fee Expenses
    Emergency Housing Vouchers—Placement/Issuance Reporting Fee Expenses
    Emergency Housing Vouchers—Ongoing Administrative Fee Expenses
    Emergency Housing Vouchers – Services Fee – Housing Search Assistance Expenses
    Emergency Housing Vouchers- Services Fee – Security/Utility Deposit/Rental
     Application/Holding Fee Expenses
    Emergency Housing Vouchers -Services Fee -Owner Incentive Expenses
    Emergency Housing Vouchers – Services Fee – Other Expenses
    Emergency Housing Vouchers - Number of New Vouchers Issued but Not Under HAP
     Contract as of the Last Day of the Month
    Emergency Housing Vouchers - HAP Expenses After the First of the Month
    Emergency Housing - FSS Escrow Deposits
    Emergency Housing Vouchers - FSS Escrow Forfeitures This Month
    Emergency Housing Vouchers - Fraud Recovery Total Collected This Month
    Emergency Housing Vouchers - Unrestricted Net Position Funds (UNP) as of the Last Day
     of the Month
    Emergency Housing Vouchers - Restricted Net Position Funds (RNP) as of the Last Day
     of the Month
    Emergency Housing Vouchers - Cash/Investment as of the Last Day of the Month



                                                                                               44
   The PHA must enter the data on a monthly basis into VMS. These reporting requirements
   also apply to MTW agencies.
b. Financial Data Schedule (FDS) Reporting for EHV Program:

     HUD’s Uniform Financial Reporting Standards (UFRS) Rule (24 CFR § 5.801) requires
     PHAs that administer the Section 8 programs to submit annual financial data to HUD.
     Specifically, UFRS requires that the financial data is: 1) prepared in accordance with
     Generally Accepted Accounting Principles (GAAP) as further defined by HUD in
     supplementary guidance; 2) submitted electronically to HUD through the internet; and 3)
     submitted in such form and substance as prescribed by HUD.
     To meet the goals of the UFRS rule, PHAs are required to submit their financial
     information to HUD’s Financial Assessment Sub-system for Public Housing (FASS-PH).
     PHAs are required to submit this financial information in a prescribed format, the
     Financial Data Schedule (FDS) (also referred to as Public Housing Financial
     Management template). Financial information collected in the FASS-PH system includes
     the reporting of the receipts, uses, and balances of all PHA funds regardless of the
     funding source (i.e., entity-wide reporting). This financial information is reported at the
     funding source level.
     As a separate funding source, the ARP supplemental funding for the EHVs must be
     reported separately on the FDS. The default reporting level is at the Catalog of Federal
     Domestic Assistance (CFDA) level. However, when a CFDA number does not exist or is
     not applicable, HUD will provide a program number under which the PHA should report
     its financial information.
     Due to the likely one-time appropriation of the supplemental funds provided under ARP,
     CFDA numbers for these EHV funds will not be issued. However, HUD must still meet
     its monitoring responsibilities and provide transparency in the PHAs’ receipts and uses of
     EHV supplemental funding. Thus, HUD recommends that PHAs establish a separate
     general ledger for the program or at the very least provide subsidiary details under the
     existing HCV program sufficient to provide the necessary information in the FDS.
     Rather than have PHAs report under the generic Federal Program columns that are
     already established in the FASS-PH system (e.g., Federal Program 1, Federal Program 2),
     the Real Estate Assessment Center (REAC) has established a new column on the FDS for
     reporting EHV supplemental funds. REAC will publish specific guidance on revenue
     recognition in a future notice.
  The PHA must maintain complete and accurate accounts and other records for the program
  and provide HUD and the Comptroller General of the United States full and free access to all
  accounts and records that are pertinent the administration of the EHVs in accordance with the
  HCV program requirements at § 982.158.




                                                                                             45
16. Reconciliation and recapture of unexpended EHV funds at program end

   As noted above, the appropriated funds for EHVs are separate from the regular HCV
   program and may only be used for EHV purposes. If any of these funds are not expended on
   eligible EHV expenses before the end of the EHV program, the remaining unexpended EHV
   funds must be recaptured by HUD.
   Currently, the EHV program end date for each individual PHA is unknown and additional
   guidance regarding program wrap-up and closeout will be issued in the future. However,
   outer boundaries are known. For example, when a PHA no longer has any EHV families
   under lease and is not permitted to reissue any of its remaining EHVs due to the statutory
   September 30, 2023 reissuance prohibition, the PHA’s program will have effectively ended
   and all associated unexpended funds must be remitted to HUD. Likewise, the funds
   appropriated for the EHV program are available for obligation by HUD only until September
   30, 2030 and will be cancelled as a matter of law on September 30, 2035.
   HUD will conduct a final reconciliation of the PHA’s EHV funding and expenses when each
   PHA’s EHV program ends. Accounting and remittance guidance on HAP and administrative
   fee funding will be forthcoming under separate notice.


17. Technical Assistance
   The ARP makes resources available to HUD to provide technical assistance to the PHAs
   administering EHV assistance. Information regarding technical assistance for these EHVs
   will be made available to PHAs in the near future.


18. Further Information.
   Question concerning this notice should be submitted by email to the following HUD
   mailbox: ehv@hud.gov.




                                                                                             46
19. Paperwork Reduction Act.
The information collection requirements contained in this notice have been approved by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C 35013520). In accordance with the PRA, HUD may not conduct or sponsor, and a
person is not required to respond to, a collection of information unless the collection displays a
currently valid OMB control number. The following active information collections contained in
this notice have been approved under the PRA-OMB Control Numbers 2577-0169 and 2577-
0083.




                                              _______________/s/_____________________
                                              Dominique Blom
                                              General Deputy Assistant Secretary
                                               for Public and Indian Housing




                                                                                                 47
Attachment 1

COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.


This chart summarizes the COVID-19 waivers/alternative requirements the PHA may choose to apply to its EHVs and the periods of
availability. PHAs must keep written documentation on the waivers applied by the PHA as well as the effective dates.


Waiver Code in Notice PIH         Statutory and regulatory waivers              Summary of alternative              Availability Period Ends
 2021-14 (see for details)                                                         requirements
PH and HCV-4                      Statutory Authority                        Waives the requirement to use the 12/31/21
Family Income and                 Section 3(a)(1)                             income verification requirements,
Composition: Interim                                                          including the use of EIV, for
Examinations                      Regulatory Authority                        interim reexaminations
                                  §§ 5.233(a)(2), 982.516(c)(2),
                                  960.257(a), (b) and (d), 960.259(c)

                                  Sub-regulatory Guidance
                                  Notice PIH 2018-18
PH and HCV-5                      Regulatory Authority                       Waives the mandatory EIV              12/31/21
Enterprise Income                 § 5.233                                     monitoring requirements
Verification (EIV)
Monitoring                        Sub-regulatory Guidance
                                  Notice PIH 2018-18
HQS-1                             Statutory Authority                        Changes initial inspection               12/31/21
Initial Inspection                Section 8(o)(8)(A)(i), Section              requirements, allowing for owner
Requirements                      8(o)(8)(C)                                  certification that there are no life-
                                                                              threatening deficiencies
                                                                             Where self-certification was used,
                                                                              PHA must inspect as soon as
                                  Regulatory Authority                        reasonably possible but no later         6/30/22
                                  §§ 982.305(a), 982.305(b), 982.405          than 6/30/22.



                                                                                                                                               1
Attachment 1

COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.



Waiver Code in Notice PIH         Statutory and regulatory waivers              Summary of alternative              Availability Period Ends
 2021-14 (see for details)                                                         requirements
                                                                              HQS waiver does not include a
                                                                              waiver of 24 CFR 35.15, visual
                                                                              assessment for deteriorated paint
HQS-3                             Statutory Authority                        Allows for extension of up to 30         12/31/21
Initial Inspection: Non-Life-     Section 8(o)(8)(A)(ii)                      days for owner repairs of non-life
Threatening Deficiencies                                                      threatening conditions
(NLT) Option                      Sub-regulatory Guidance
                                  HOTMA HCV Federal Register
                                  Notice January 18, 2017
HQS-4                             Statutory Authority                        Under Initial HQS Alternative            12/31/21
HQS Initial Inspection            Section 8(o)(8)(A)(iii)                     Inspection Option - allows for
Requirement: Alternative                                                      commencement of assistance
Inspection Option                 Sub-regulatory Guidance                     payments based on owner
                                  HOTMA HCV Federal Register                  certification there are no life-
                                  Notice January 18, 2017                     threatening deficiencies
                                                                             Where self-certification was used,       6/30/22
                                                                              PHA must inspect the unit as
                                                                              soon as reasonably possible but
                                                                              no later than 6/30/22.
HQS-6                             Statutory Authority                        Waives the requirement for the           12/31/21
HQS Interim Inspections           Section 8(o)(8)(F)                          PHA to conduct interim
                                                                              inspection and requires
                                  Regulatory Authority                        alternative method
                                  §§ 982.405(g), 983.103(e)                  Allows for repairs to be verified
                                                                              by alternative methods
HQS-9                             Regulatory Authority                       Provides for a suspension of the         12/31/21
HQS Quality Control               §§ 982.405(b), 983.103(e)(3)                requirement for QC sampling
Inspections                                                                   inspections

                                                                                                                                               2
Attachment 1

COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.



Waiver Code in Notice PIH         Statutory and regulatory waivers              Summary of alternative              Availability Period Ends
 2021-14 (see for details)                                                         requirements
HQS-10                            Regulatory Authority                       Waives the requirement that each      Remains in effect one
Housing Quality Standards:        § 982.401(d)                                dwelling unit have at least 1         year from beginning of
Space and Security                                                            bedroom or living/sleeping room       lease term
                                                                              for each 2 persons.
HCV-1 Administrative Plan         Regulatory Authority                       Establishes an alternative               9/30/21
                                  § 982.54(a)                                 requirement that policies may be
                                                                              adopted without board approval
                                                                              until 9/30/21
                                                                             Any provisions adopted
                                                                              informally must be adopted               12/31/21
                                                                              formally by 12/31/21
HCV-2                             Regulatory Authority                       Waives the requirement for an            12/31/21
Information When Family is        §§ 982.301(a)(1), 983.252(a)                oral briefing
Selected: PHA Oral Briefing                                                  Provides for alternative methods
                                                                              to conduct required voucher
                                                                              briefing
HCV-3                             Regulatory Authority                       Allows PHAs to provide voucher           12/31/21
Term of Voucher: Extensions       § 982.303(b)(1)                             extensions regardless of current
of Term                                                                       PHA policy
                                                                             Note that the initial term of the
                                                                              EHV must be a minimum of 120
                                                                              days (see section 9.m of this
                                                                              notice)
HCV-4                             Regulatory Authority                       Provides for HAP payments for             12/31/21
PHA Approval of Assisted          § 982.305(c)                                contracts not executed within 60
Tenancy: When HAP                                                             days
Contract is Executed                                                         PHA must not pay HAP to owner
                                                                              until HAP contract is executed

                                                                                                                                               3
Attachment 1

COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the
individual waivers and alternative requirements are found in Notice PIH 2021-14.



Waiver Code in Notice PIH         Statutory and regulatory waivers              Summary of alternative              Availability Period Ends
 2021-14 (see for details)                                                         requirements
HCV-5                             Regulatory Authority                       Allows for PHA discretion on              12/31/21
Absence from Unit                 § 982.312                                   absences from units longer than
                                                                              180 days
                                                                             PHAs must not make HAP
                                                                              payments beyond 12/31/20 for
                                                                              units vacant more than 180
                                                                              consecutive days
HCV-6                             Regulatory Authority                       Allows PHA to extend the period          12/31/21
Automatic Termination of          § 982.455                                   of time after the last HAP
HAP Contract                                                                  payment is made before the HAP
                                                                              contract terminates automatically.




                                                                                                                                               4
Attachment 2
Sample MOU Template


                                Memorandum of Understanding


[** This sample document demonstrates the Memorandum of Understanding requirements for
  the administration Emergency Housing Voucher. Unless otherwise noted, all elements are
                                      required. **]

  This Memorandum of Understanding (MOU) has been created and entered into on [** Insert
                                 execution date. **].



                                    [PHA Name and Address]




                                    [CoC Name and Address]


I. Introduction and Goals (the following elements, listed in a. – c., are required elements of the
MOU):
   a. PHA and CoC’s commitment to administering the EHVs in accordance with all program
      requirements.
   b. PHA goals and standards of success in administering the program.
   c. Identification of staff position at the PHA and CoC who will serve as the lead EHV
      liaisons.
      Lead HCV Liaison:

       [Name and title of PHA staff position]
       Responsibilities of the PHA EHV liaison [**Optional**].


       [Name and title of CoC staff position]
       Responsibilities of the CoC EHV liaison [**Optional**].
II. Define the populations eligible for EHV assistance to be referred by CoC.



                                                                                                     1
III. Services to be provided to eligible EHV families
   1. List the services to be provided to assist individuals and families have success in the
      program and who will provide them.
[**The following services are listed for example purposes. **]
   1. Partnering service providers will support individuals and families in completing
      applications and obtaining necessary supporting documentation to support referrals and
      applications for assistance; while aiding households in addressing barriers.
   2. Partnering service providers will support PHAs in ensuring appointment notifications to
      eligible individuals and families and will assist eligible households in getting to meetings
      with the PHA.

   3. PHAs will establish windows of time for EHV applicants to complete intake interviews
      for EHV.

   4. Partnering service providers will provide housing search assistance for eligible
      individuals and families.

   5. Partnering service providers will provide counseling on compliance with rental lease
      requirements.

   6. Partnering service providers will assess individuals and families who may require
      referrals for assistance on security deposits, utility hook-up fees, and utility deposits.

   7. Partnering service providers will assess and refer individuals and families to benefits and
      supportive services, where applicable.


IV. PHA Roles and Responsibilities
[**The following responsibilities are listed for example purposes. **]
   1. Coordinate and consult with the CoC in developing the services and assistance to be
      offered under the EHV services fee.
   2. Accept direct referrals for eligible individuals and families through the CoC Coordinated
      Entry System.
   3. Commit a sufficient number of staff and necessary resources to ensure that the
      application, certification, and voucher issuance processes are completed in a timely
      manner.
   4. Commit a sufficient number of staff and resources to ensure that inspections of units are
      completed in a timely manner.
   5. Designate a staff to serve as the lead EHV liaison.


                                                                                                   2
   6. Comply with the provisions of this MOU.
V. CoC Roles and Responsibilities
[**The following responsibilities are listed for example purposes. **]
   1. Designate and maintain a lead EHV liaison to communicate with the PHA.

   2. Refer eligible individuals and families to PHA using the community’s coordinated entry
      system.

   3. Support eligible individuals and households in completing and applying for supportive
      documentation to accompany admissions application to the PHA (i.e. self-certifications,
      birth certificate, social security card, etc.).


   4. Attend EHV participant briefings when needed.


   5. Assess all households referred for EHV for mainstream benefits and supportive services
      available to support eligible individuals and families through their transition.

   6.    Identify and provide supportive services to EHV families. (While EHV participants are
        not required to participate in services, the CoC should assure that services are available
        and accessible.)

   7. Comply with the provisions of this MOU.


VI. Third Party Entity Roles Responsibilities
[**The following responsibilities are listed for example purposes. **]
   1. Describe how the State, local, philanthropic, faith-based organizations, Victim Service
      Providers or CoC recipients it designates will fulfill each of the following
      responsibilities:
           a. Outline resource and/or service being provided in support of the community’s
              EHV Program. Commit a sufficient number of staff and necessary resources to
              ensure that the application, certification and voucher issuance processes are
              completed in a timely manner.
           b. Comply with the provisions of this MOU.
VII. Program Evaluation
The PHA, and CoC or designated CoC recipient agree to cooperate with HUD, provide requested
data to HUD or HUD-approved contractor delegated the responsibility of program evaluation
protocols established by HUD or HUD-approved contractor, including possible random


                                                                                                     3
assignment procedures.




[Signed and dated by the official representatives of the PHA, CoC, CoC Contractor organization
(if applicable), and third-party entities (if applicable.]




Signed by


________________________________________                ___________________
Executive Director, PHA                                        Date


_______________________________________                 ___________________
CoC Executive Director                                         Date




                                                                                                 4
Attachment 3 - Example of a Homeless Provider’s Certification

Emergency Housing Voucher (EHV)

HOMELESS CERTIFICATION

EHV Applicant Name: ______________________________________________



        Household without dependent children (complete one form for each adult in the household)

        Household with dependent children (complete one form for household)

        Number of persons in the household: _________

This is to certify that the above named individual or household meets the following criteria based on
the check mark, other indicated information, and signature indicating their current living situation-
                         Check only one box and complete only that section


Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings,
streets/sidewalks)

     The person(s) named above is/are currently living in (or, if currently in hospital or other institution,
was living in immediately prior to hospital/institution admission) a public or private place not designed
for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park,
abandoned building, bus station, airport, or camp ground.

Description of current living situation:
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________

Homeless Street Outreach Program
Name:_________________________________________________________________________

This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a
program designed to serve persons living on the street or other places not meant for human habitation.
Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless
sites, etc.



Authorized Agency Representative Signature: _________________________________________
        Date: ______________________




                                                                                                                5
Living Situation: Emergency Shelter



   The person(s) named above is/are currently living in (or, if currently in hospital or other institution,
was living in immediately prior to hospital/institution admission) a supervised publicly or privately
operated shelter as follows:



Emergency Shelter Program Name:
_____________________________________________________________

This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the most
recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the
CoC inventory (e.g., newly established Emergency Shelter).



Authorized Agency Representative Signature: _________________________________________
        Date: ______________________



Living Situation: Recently Homeless



    The person(s) named above is/are currently receiving financial and supportive services for persons who are
homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing
Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.)
Authorized Agency Representative Signature:
____________________________________________________________

This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most
recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the
CoC inventory.



Immediately prior to entering the household’s current living situation, the person(s) named above
was/were residing in:

     emergency shelter OR           a place unfit for human habitation



Authorized Agency Representative Signature: _________________________________________
        Date: ______________________




                                                                                                                 6
Attachment #4 Example of a Victim Services Provider’s Certification

Emergency Housing Voucher (EHV)

SAMPLE HUMAN TRAFFICKING CERTIFICATION

Purpose of Form:

The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of
trafficking making housing, educational health care, job training and other Federally-funded social
service programs available to assist victims in rebuilding their lives.



Use of This Optional Form:

In response to this request, the service provider may complete this form and submit it to the Public
Housing Agency (PHA) to certify eligibility for EHV assistance.



Confidentiality: All information provided to the service provider concerning the incident(s) of human
trafficking shall be kept confidential and such details shall not be entered into any shared database.
Employees of the PHA will not have access to these details, and such employees may not disclose this
information to any other entity or individual, except to the extent that disclosure is: (i) consented to by
you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing
regarding termination of assistance; or (iii) otherwise required by applicable law.



TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR




EHV Applicant Name: ______________________________________________


This is to certify that the above named individual or household meets the definition for persons who
are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims
Protection Act of 2000.



Immediately prior to entering the household’s current living situation, the person(s) named above
was/were residing in:

_____________________________________________________________________________________
_______________________________________________________________________

                                                                                                              7
This is to certify that the information provided on this form is true and correct to the best of my
knowledge and recollection, and that the individual(s) named above is/has been a victim of human
trafficking. I acknowledge that submission of false information could jeopardize program eligibility and
could be the basis for denial of admission, termination of assistance, or eviction.




Authorized Agency Representative Signature: ___________________ Date: __________________




                                                                                                           8

Source: Legislative text reproduced verbatim
Plain English

PIH Notice 2021-15 establishes the operating framework for approximately 70,000 Emergency Housing Vouchers (EHVs) funded by the American Rescue Plan Act of 2021. Under this notice, EHVs are tenant-based rental assistance available exclusively to individuals and families who are homeless, at risk of homelessness, fleeing domestic violence or human trafficking, or recently homeless and at high risk of housing instability. The notice sets out how HUD allocates vouchers to public housing agencies (PHAs), how those agencies are funded through administrative and services fees, and key program rules including a prohibition on reissuing turnover EHVs after September 30, 2023.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in jurisdictions served by PHAs administering EHVs under PIH Notice 2021-15 should be aware that EHV families are referred through a Coordinated Entry system and may present with documentation or financial circumstances that differ from regular Housing Choice Voucher holders. Compliant operators generally cooperate with PHA inspections, accept HAP contracts under the same rent-reasonableness standards that apply to the regular HCV program, and understand that owner incentive or retention payments offered under Section 6 of the notice are separate from and do not affect the rent-to-owner calculation. Owners who participate may also be asked by the PHA to coordinate with a CoC case manager before pursuing eviction action against an EHV family.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Individuals and families who qualify under one of the four eligibility categories described in PIH Notice 2021-15—homeless, at risk of homelessness, fleeing domestic violence or human trafficking, or recently homeless—may be referred for an EHV through their local Continuum of Care Coordinated Entry system or a partnering victim services provider. Under this notice, PHAs are required to offer housing search assistance during the initial search period, which must be at least 120 days, and may provide additional support such as security deposit assistance, utility deposit help, and moving expense assistance through the services fee. Those who believe they qualify or whose referral has been delayed or denied may contact their local CoC, a tenant-rights organization, or HUD directly at ehv@hud.gov for information on available resources and next steps.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

Source Information

Snapshot SHA:
Fetched:Oct 6, 2026, 10:13 PM UTC