What programs fund housing for people who are homeless?
People who are homeless are eligible for public and subsidized housing. They may also qualify for
In addition, the federal government provides special funding for housing specifically for homeless individuals and families. Some of these programs are shelters; some are transitional housing; and some are permanent housing. These programs are funded through the McKinney Housing Programs.1
For all of the McKinney housing, participants must meet the definition of homeless individuals. This includes people who are in shelter or transitional housing, or are otherwise without a fixed place to live. This does not include individuals who are currently incarcerated. There is also a requirement that homeless individuals be involved in setting policies for the entities that receive the McKinney grants.2
What follows is a description of the primary McKinney Housing Programs.
Shelter Plus Care
This program provides rental assistance for hard-to-serve homeless people with disabilities, primarily those who are seriously mentally ill, have chronic problems with alcohol, drugs, or both, or who have HIV/AIDS, and their families.3 Rental assistance is linked to supportive services funded through other programs. The program gives tenants the option of selecting their own apartment or residing at a property receiving the subsidy. The subsidy can be provided in any of three ways:
Tenant-based rental assistance
This subsidy is a 5-year grant that provides a person with a tenant-based voucher. The subsidy stays with the tenant. Participants may be required to live in a specific area for the entire period of their participation or in a specific structure for the first year and in a specific area for the remainder of the period of participation if it is necessary to coordinate supportive services. You are required to find your own apartment, unless you are required to live in a specific structure.
Project-based rental assistance
This subsidy is not mobile. It is a 5- to 10-year grant that is tied to property, and the landlord must have done some rehabilitation work on the property.
Sponsor-based rental assistance
This subsidy is a 5-year grant that is tied to the property owned or leased by a sponsor, which can be a private nonprofit organization or a community mental health agency.
You apply for the Shelter Plus Care program through the social service agency that runs it. Housing search workers in your area should know where you can apply.
You must sign an occupancy agreement for a term of at least one month. This agreement must be automatically renewable upon expiration, except on prior notice by either party. The state, locality, or housing agency that applied to HUD for the Shelter Plus Care subsidy may terminate a tenant from a Shelter Plus Care program for violations of program requirements or conditions of occupancy. The law does not specify what these requirements or conditions are, other than the requirement to take part in supportive services provided through the program.4 In deciding to terminate a tenant from the program, the state, locality, or housing agency must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination, so that a participant's assistance is terminated only in the most severe cases.5 The state, locality, or housing agency is required to provide a formal process, consisting of a minimum of giving the tenant written notice containing a clear statement of grounds leading to the termination, a review of the decision which gives the tenant an opportunity to raise objections, and prompt notice of any final decision.6
- Visit HUD's Shelter Plus Care Program for more information
McKinney Supportive Housing Transitional Housing
This program is designed to help homeless individuals and families transition into permanent housing. Although the original intent was to have participants move to permanent housing within two years, a homeless individual or family may remain in transitional housing for a longer period if permanent housing has not been located or if the individual or family needs additional time to prepare for independent living. HUD may, however, discontinue assistance for the project if more than half of the homeless families or individuals remain in the project more than 24 months.7 You apply for the McKinney Supportive Housing programs through the social service agencies that operate them. Housing search workers in your area should know where you can apply.
In this program, rent is charged at 30% of adjusted income, and individuals or families must be offered supportive services. The law, however, does not require participation in services. The program includes on-site residential supervision.8 If assistance is to be terminated, the same due process protections apply as with the Shelter Plus Care program.9
McKinney Supportive Housing Permanent Housing for Homeless People with Disabilities
This is permanent housing that provides supportive services to tenants to enable them to live independently in their apartments and includes on-site residential supervision. Rent is set at 30% of adjusted income, and tenants have the same due process protections as if they were in the Shelter Plus Care program.10
McKinney Section 8 SRO Moderate Rehabilitation Program
As discussed under the Section 8 moderate rehabilitation program, this is a special Section 8 mod rehab program focused on homeless individuals who need single room occupancy (SRO) units. It is administered by local housing authorities and regional nonprofit housing agencies. Applicants may be drawn from the housing authority's general Section 8 waiting list, but they will need to show that they meet the McKinney definition of homelessness. Supportive services are generally to be made available to tenants, but acceptance of these services is not an eligibility requirement.11
What housing is available for people with disabilities?
People with disabilities are eligible to apply for public, subsidized, and voucher housing programs and, in some instances, may qualify for
A housing agency or subsidized landlord may be required to set aside a certain number of accessible apartments for people with mobility impairments (for example, households that require a wheelchair-accessible unit) and to transfer tenants who are in those apartments who do not require those accessibility features. Historically, 5% of the apartments in MassHousing multifamily developments (about 2,200) and 10% of the apartments in elderly developments (about 2,600) have been set aside for wheelchair accessibility or to accommodate other mobility limitations.12 You need to ask the housing authority or subsidized landlord if apartments are set aside.
In addition, there are many programs specifically designed to provide affordable housing to people with disabilities. What follows is a list of major programs for people with disabilities. These programs are described in other questions:
- Federal elderly and disabled public housing
- State elderly and disabled public housing (Chapter 667 Housing)
- Alternative Housing Voucher Program
- Section 202 subsidized multifamily housing
- Section 8 Mainstream Vouchers
- Section 8 Designated Housing Vouchers
- Section 8 Housing Options Program
- McKinney Shelter Plus Care
- McKinney Supportive Housing (Permanent Housing for Homeless People with Disabilities)
What housing is available for people with AIDS?
Housing Opportunities for Persons with AIDS (HOPWA)
The HOPWA program was developed for people with AIDS or related diseases.13 HOPWA funds come from the federal government and can be used for a variety of purposes, including short-term shelter, payments to cover rent that is owed, community residences, or longer-term rental assistance. Rent is generally set at 30% of adjusted income.14 All applicants must be referred to regional nonprofit housing agencies by social service agencies under contract with the Department of Public Health (DPH).
Tenants may be terminated from the program for violations of program requirements or conditions of occupancy.15 Like the Shelter Plus Care Program, HOPWA has established a termination procedure for tenants from the program.
- Visit the AIDS Housing Corporation for additional information about housing options available for people with AIDS. They have an excellent handbook called
How to Get a Place Called Home that is available in English, Spanish, and Creole. - Visit Massachusetts HOPWA Programs for more information
What housing is available for people with mental health needs?
People receiving case management services from the Department of Mental Health (DMH) or the Department of Mental Retardation (DMR) may be eligible for a special housing set-aside for people with mental disabilities. There are three primary programs.
MassHousing set-aside
Approximately 3% of the apartments in MassHousing multifamily housing are set aside for clients of DMH or DMR. Tenants are referred to these apartments by DMH or DMR. Contact MassHousing for a list of the developments and the contact persons at DMH and DMR. Ongoing case management and stabilization services are generally provided for people participating in this program.
DMH rental assistance program
As discussed in Types of Vouchers, there is a special DMH rental assistance program for people with mental disabilities which is operated by DHCD through local housing authorities or regional nonprofit housing agencies. This is usually
DMH community residential programs
DMH provides limited housing in residential community settings to people for whom it is providing case management services, ranging from emergency shelter to transitional and permanent housing. If a participant is required to leave one of these programs, she has the right to seek a review through the Human Rights Committee or the DMH Area Office. DMH also has the obligation to offer an alternative placement.17
Some of the housing under these programs is just like an apartment, while other housing may involve shared facilities. The provider may be able to choose to evict the tenant through an eviction action or by using the state's Community Residence law, which requires a hearing.18 See Rooming Houses PDF in the Booklets and Handbooks: Private Housing section of this website for more information about this law and eviction protections for people living in DMH housing.
Chapter 689 and Chapter 167 housing
Chapter 689 housing is public housing for adults with special needs. The current focus is on creating group homes for adults with mental disabilities leaving facilities run by DMH. Chapter 167 housing provides housing for people with chronic mental illnesses. The current program provides housing for people leaving state mental health hospitals. There are 1,882 units of Chapter 689 and Chapter 167 apartments in Massachusetts. Although housing authorities do not select tenants for these properties, they own the properties and contract with DMH or DMR to staff the housing.19
What housing is available for seniors?
Seniors are eligible to apply for any of the public, subsidized, and voucher housing programs. In addition, there are many programs specifically designed to provide affordable housing to seniors and people with disabilities. Some are funded by the federal government and some by the state. Here are the various types of housing available for seniors:
- Federal elderly and disabled public housing
- State elderly and disabled public housing (Chapter 667 housing)
- Federal Section 202 multifamily subsidized housing designated for elders
- MassHousing Elder Choice Program
- MassHousing Assisted Housing Set-Aside
- Section 8 Grandparent (Raising the Next Generation) Program
MassHousing Elder Choice
This program offers subsidized financing and low-income housing tax credits to developers of assisted living residences who set aside 20% of the units for low-income frail seniors (with incomes under 50% of the
What housing is available for families?
Families are eligible for different types of public and subsidized housing. Because waiting lists are long, you should apply for as many of these programs as interest you to increase your chances of obtaining affordable housing. The following is a list of programs for families that are described in other questions:
- State and Federal Public Family Housing
- Federal Multifamily Subsidized Housing
- MassHousing Multifamily Subsidized Housing
- Moderate Rehabilitation (Mod Rehab) Programs
- Section 8 Housing Choice Voucher Program
- Section 8 Family Self-Sufficiency (FSS) Program
- Section 8 Homeownership Option
- Massachusetts Rental Voucher Program
- Low-Income Housing Tax Credit Housing
- Section 8 Family Unification Program (FUP)
- Section 8 Welfare-to-Work (Job-Link) Program
- Section 8 Grandparent (Raising the Next Generation) Program
- Federal HOME Tenant-Based Rental Assistance Program
Endnotes
1 42 U.S.C. §§ 11301-11489.
2 42 U.S.C. § 11302.
3 42 U.S.C. § 11403-11407b; 24 C.F.R. Part 582.
4 42 U.S.C. §§ 11403e-4 and 11403f; 24 C.F.R. §§ 582.315 and 582.320(a). To know who must terminate the participant and provide for review, you have to review both the regulation and the statute. The regulation says that this action is by "the recipient." This term, in turn, is defined as "an applicant approved to receive a Shelter Plus Care grant." For definitions of "recipient" and "applicant," see 42 U.S.C. § 11403g and 24 C.F.R. § 582.5. The statute defines the term "applicant" to mean "a State, unit of local government, Indian tribe, or public housing agency." Therefore, a public agency, and not a social service provider, must make the decision and provide the hearing for the Shelter Plus Care program.
5 24 C.F.R. § 582.320(a).
6 24 C.F.R. § 582.320(b).
7 42 U.S.C. § 11384(b); 24 C.F.R. § 583.300(j).
8 42 U.S.C. §§ 11385 and 11386; 24 C.F.R. §§ 583.300(d-e) and 583.315.
9 42 U.S.C. § 11386(j); 24 C.F.R. § 583.300(i). For the McKinney Supportive Housing program, unlike the Shelter Plus Care Program, the government or nonprofit agency that received the funds can make the termination decision and provide the review; such decision need not be made by a public agency. See 42 U.S.C. § 11382(9) (definition of "recipient" includes any governmental or nonprofit entity receiving assistance); 24 C.F.R. § 583.5 (definition of "recipient").
10 42 U.S.C. §§ 11381-11389; 24 C.F.R. Part 583. For the definition of "disability" for this program, see 42 U.S.C. § 11382(2); 24 C.F.R. § 583.5 (definition of "disability").
11 42 U.S.C. § 11401; 24 C.F.R. Part 882, Subpart H.
12 G.L. c. 151B, § 4(7A); 24 C.F.R. 8.22, 8.23, 8.32;
13 The statute defines AIDS "and related diseases" to be AIDS (acquired immunodeficiency syndrome) "or any condition arising from the etiologic agent" for AIDS. 42 U.S.C. § 12902(1). The regulation defines the term to include "infection with the human immuno-deficiency virus," i.e., persons who are HIV positive. 24 C.F.R. § 574.3 (definition of "AIDS or related diseases").
14 42 U.S.C. § 12901-12912; 24 C.F.R. Part 574.
15 24 C.F.R. § 574.310(e);
16 760 C.M.R. § 38.00.
17 104 C.M.R. § 28.00.
18 G.L. c. 186, § 17A.
19 760 C.M.R. § 5.02(2) (DHCD tenant selection procedure does not apply to Chapter 689 housing). For DMH and DMR residential services generally, see G.L. c. 19, § 19 (DMH); G.L. c. 19B, § 15 (DMR); and 104 C.M.R. § 28.15 (DMH licensing standards for residential programs).
Produced by Massachusetts Law Reform Institute Created May, 2006
