Housing

Language access requirements for Public and Indian Housing programs

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The United States Department of Housing and Urban Development (HUD) has provided guidance for Public Housing Agencies (PHAs) and other Public and Indian Housing (PIH) grantees on ensuring meaningful access to programs for persons with Limited English Proficiency (LEP).

Title VI of the Civil Rights Act of 1964 and Executive Order 13166, require recipients of federal financial assistance to provide meaningful access to their programs for LEPs. LEPs are individuals who do not speak English as their primary language and have limited ability to read, write, speak, or understand English.

HUD recommends PHA’s and PIH grantees conduct a 4-factor analysis, develop a language access plan, and provide appropriate language assistance.

Step 1 of the 4-factor analysis reviews the number of LEP persons served or in the eligible service population. Step 2 assesses the frequency of interaction with the program. Step 3 assesses the importance of the program to LEP persons. Finally, Step 4, assesses the available resources and costs.

Following the four-factor analysis, agencies should develop Language Access Plan (LAP) that includes identifying persons needing assistance, training staff, translating essential documents, providing interpreters for meetings, and engaging in effective outreach to seek input from the LEP community to best revise the action plan.

To provide appropriate language assistance, PHA’s and PIH grantees are advised to identify information that must be translated (for example – eviction notices, security info, emergency plans), develop procedures with staff to identify potential LEP’s and utilize community resources/partnerships to help with language services.

HUD allows the use of program funds for LEP-related activities. PHAs can use Operating Fund program subsidies to facilitate access for LEP persons in public housing. Examples of LEP activities include providing translated relocation notices, and interpretation services during important HUD meetings. Additionally, 10% of Capital Fund grants can be utilized for management improvements and enhancing communication channels for LEP individuals. Examples of LEP activities include upgrading online systems for program participant applications, and allowing recipients to apply in languages other than English.

For the Housing Choice Voucher (HCV) program, administrative fees and unrestricted net positions (UNP) can be allocated to provide language assistance services, including oral briefings, hearings, and software upgrades for non-English applicants. Mainstream Voucher and Emergency Housing Voucher programs additionally allow the use of administrative and service fees for LEP-related activities. PIH grantees should consult the competitive grant Notice of Funding Opportunity and/or Grant Agreement to use of funds is meeting LEP requirements.

The U.S Department of Housing and Urban Development emphasizes the importance of including LEP policies and procedures in publicly accessible materials to ensure compliance in all contracts/subcontracts.  (PIH Notice 2024-04, January 31, 2024.)

Changes to the Bringing Families Home program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Bringing Families Home Program. Bringing Families Home provides financial assistance and housing support services to families receiving child welfare services, including tribal child welfare services, where the family is experiencing or at risk of homelessness and housing stability will increase family reunification or prevent foster care placement.

For Bringing Families Home, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

The definition of homeless is now expanded to include individuals or families who are fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual, family member, including a child.

The definition of permanent housing is now clarified to be no predetermined time limits on the length of stay at the premises.

CDSS must adopt regulations for the Bringing Families Home program by July 1, 2024.

Technical assistance about the Home Safe program is available to all grantees from CDSS.  (ACL 24-21, March 21, 2024.)

Changes to the Home Safe program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Home Safe Program. Home Safe provides housing support services to older adults and dependent adults who are both at risk of homelessness, and who experience abuse, neglect, exploitation, or unable to care for their own needs interests.  The program is operated by counties and tribes with grant money from CDSS.

For Home Safe, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

The definition of adult protective services was limited to meaning in Welfare and Institutions Code section 15610.10.  The definition of adult protective services is now expanded to include activities performed, in accordance with tribal law or custom, by tribes because of the potential for abuse or neglect.

The definition of older adult was limited to persons over age 60.  The definition of older adult is expanded to include individuals receiving services from a tribe within the age range established by the tribe for serving needy and vulnerable older adults.

Technical assistance about the Home Safe program is available to all grantees from CDSS.  (ACL 24-12, March 1, 2024.)

Changes to the HDAP program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Housing and Disability Assistance Program (HDAP). HDAP provides housing support and disability benefits advocacy for people experiencing homelessness or who are at risk of homelessness.  The program is operated by counties and tribes with grant money from CDSS.

For HDAP, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

CDSS is now required to adopt regulations for all aspects of the HDAP program by July 1, 2024.

Grantees are required to seek Interim Assistance Reimbursement from program participants, meaning that grantees must take necessary steps to recoup HDAP benefits from retroactive Supplemental Security Income payments.  That requirement was waived beginning July 1, 2024.  That waiver is extended to June 30, 2025.

Technical assistance about the HDAP program is available to all grantees from CDSS.  (ACL 24-13, March 1, 2024.)

Treatment of income from Guaranteed Income Pilot Programs for various program

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Payments issued under the State Funded Guaranteed Income (GI) Pilot Program are exempt from being considered income and resource for various state and local benefit and assistance programs. There are seven pilot programs to support former foster youth and or pregnant individuals. This CDSS guidance only applies to State Funded Guaranteed Income (GI) Pilot Programs.

Cal Fresh: GI payments will not count as income but may count as resources.

Housing and Urban Development (HUD): HUD denied a waiver that would exempt payments from determinations. HUD did provide a list of options that may exempt GI.

Medical and Children’s Health Insurance Program: The federal government gave approval to disregard payments from a California pilot GI project as income for 12 months for Non-Magi eligibility. Medi-Cal will no longer count resources as an eligibility determination as of January 1,2024. Former foster youth are eligible for Medi-Cal regardless of income.

Refugee Cash Assistance: GI payments will not count as income or resources.

Tribal Temporary Assistance for Needy Families: The Administration of Children and Families may approve a GI exemption for individual’s tribes through an amendment to a tribes Tribal Family Assistance Plan

Women Infants and Children (WIC): If the person is currently enrolled in Medi-Cal, CalWORKs or Cal Fresh no income assessment is needed because participants in those programs are categorically eligible for WIC. If a WIC recipient is not enrolled in one of those programs, GI income may impact eligibility.

GI payments are exempt from all state benefit or assistance programs. This includes but is not limited to Assistance Dog Special Allowance, CalWORKs, Cash Assistance Programs for Immigrants, Trafficking and Crime Assistance Programs (TCVAP), California Food Assistance Program, and Childcare and Development Programs.

GI payments received under the pilot program cannot consider income or resources for any local befit or assistance program. This includes but is not limited to. General Assistance and General Relief (GA/GR).  (ACWDL, July 21, 2023.)

Treatment of income from Guaranteed Income Pilot Programs for HUD housing programs

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The United States Department of Housing and Urban Development (HUD has sent a letter to the California Department of Social Services regarding treatment of Guaranteed Income Pilot Programs for its programs.

HUD denied California’s request for a waiver that would allow disregard of Guaranteed Income Pilot Program payments as income for HUD programs.  However, HUD stated several possibilities regarding Guaranteed Income Pilot Programs payments.

Prior to January 1, 2024 (the implementation date of The Housing Opportunities Through Modernization Act of 2016) both public housing authorities and multifamily owners and operators can exclude Guaranteed Income Pilot Program payments as temporary income.  This can happen until the first income examination for the family on or after January 1, 2024.

Prior to January 1, 2024, public housing authorities may establish a permissive deduction for Guaranteed Income Pilot Program payments.

After January 1, 2024, both public housing authorities and multifamily owners and operators can exclude Guaranteed Income Pilot Program payments in the final year of the program if the Pilot Program will not provide payments after that.

After January 1, 2024, both public housing authorities and multifamily owners and operators may calculate family income using certain other programs determination of income, as long as those determinations are made are made during the previous 12 -month period by the other program as effective with the Housing Opportunities Through Modernization Act of 2016 changes effective on January 1, 2024.  Those other programs include CalWORKs; Medi-Cal; CalFresh; Earned Income Tax Credit; Women, Infants, and Children; and Supplemental Security Income.

After January 1, 2024, public housing authorities may establish or continue a permissive deduction for Guaranteed Income Pilot Program payments for public housing, Housing Choice Voucher, and Moderate Rehabilitation programs.  (Letter from HUD, no date given.)