99-346-19 Me. Code R. § 1

Current through 2024-21, May 22, 2024

Section 346-19-1 - Definitions

A. "Act" means the Maine Housing Authorities Act, 30-A M.R.S.A. § 4701, et seq. as amended.

B. "Agency Participation Agreement" is a document that sets forth the obligations of service providers participating in HMIS and governs how information regarding clients and the services they receive is treated.

C. "Applicant" means the municipality or non-profit corporation applying for funds governed by this Rule.

D. "Bed Capacity" means the maximum number of beds in an Emergency Shelter as indicated on the agency's Program Guide and Application; provided, however, for purposes of this Rule, the Bed Capacity of a Low Barrier Shelter means its maximum number of beds as indicated on the Program Guide and Application, multiplied by 125%.

E. "Clients Assessed and Stabilized" means clients who were assessed for program eligibility, and who are receiving housing stabilization services.

F. "Continuum of Care" or "CoC" is the group organized to carry out the responsibilities required under the CoC Program Interim Rule ( 24 CFR Part 578 ) and comprises representatives of organizations that provide a full range of emergency, transitional, and permanent housing and other service resources to address the various needs of Persons Experiencing Homelessness within the State of Maine.

G. "Coordinated Entry Process" means a process designed to coordinate program participant intake, assessment, and provision of referrals within a geographic area. A Coordinated Entry Process covers the geographic area, is easily accessed by individuals and families seeking housing or services, is well advertised, and includes a comprehensive and standardized assessment tool.

H. "Emergency Shelter" means any facility, the primary purpose of which is to provide a temporary shelter for Persons Experiencing Homelessness or for specific populations of Persons Experiencing Homelessness and which meets the criteria set forth in section 3 of this Rule.

I. "Emergency Solutions Grant" means a grant available under the federal Emergency Solutions Grants Program of the McKinney-Vento Act as amended by the HEARTH Act.

J. "Funding Formula Allocation" means an annual allocation of funds by MaineHousing for Emergency Shelters as further described in section 4 of this Rule.

K. "HEARTH Act" means the Homeless Emergency and Rapid Transition to Housing Act of 2009 (P.L. 111-22), and the regulations promulgated thereunder.

L. "HMIS" means the Homeless Management Information System as further defined in the McKinney-Vento Act as amended by the HEARTH Act.

M. "HMIS Data Standards" means the baseline data collection requirements developed by each of the federal partners which require participation in HMIS, or a comparable database for those serving survivors of domestic violence, as a condition of their funding.

N. "Homeless Prevention" means activities or programs designed to prevent persons from experiencing homelessness including without limitation subsidies for rent, utilities, security deposits, and mortgage payments.

O. "Homeless Service Hub" also referred to as "Hub" or "Service Hub" means a group of regional providers that creates local foundation for the prioritization and case conferencing of the Coordinated Entry Process, as well as working collectively toward ending homelessness. Each Hub supports regional coordination and resource alignment and provides system level data used to improve performance. Maine has nine Service Hubs: 1- York County; 2- Cumberland County minus the towns of Brunswick and Harpswell; 3 (Midcoast)- Sagadahoc, Lincoln, Waldo and Knox Counties, plus the towns of Brunswick and Harpswell; 4- Androscoggin County minus the towns of Livermore and Livermore Falls; 5 (Western Maine)- Franklin and Oxford Counties, plus the towns of Livermore and Livermore Falls; 6 (Central Maine)- Kennebec and Somerset Counties; 7 (Penquis)- Penobscot and Piscataquis Counties; 8 (Downeast)- Hancock and Washington Counties; 9- Aroostook County.

P. "Housing First" is an approach to quickly and successfully connect Persons Experiencing Homelessness to permanent housing without preconditions and barriers to entry, such as sobriety, treatment, or service participation requirements.

Q. "Housing Inventory Count" (HIC) is a point-in-time inventory of beds and units for Persons Experiencing Homelessness within a Continuum of Care categorized by five program types: Emergency Shelter; transitional housing; Rapid Re-housing; safe haven; and permanent supportive housing.

R. "Housing Stabilization" means assessing, arranging, coordinating, and monitoring the delivery of individualized services to facilitate housing stability for a program participant who resides in permanent housing or to assist a program participant in overcoming immediate barriers to obtaining housing.

S. "HUD" means the United States Department of Housing and Urban Development.

T. "Low Barrier Shelter" means an Emergency Shelter that does not require any of the following for a client to stay at the shelter:

(i) criminal background checks,

(ii) credit checks or income verification,

(iii) program participation,

(iv) sobriety, or

(v) identification. Low Barrier Shelters may, however, enforce safety requirements for self, staff, place, and others.

U. "MaineHousing" means Maine State Housing Authority.

V. "Maine Consolidated Plan" is a plan prepared by MaineHousing and the Maine Department of Community and Economic Development ("DECD") and approved by HUD in accordance with 24 CFR part 91 . The Consolidated Plan serves as the framework for a statewide dialogue to identify housing and community development priorities that align and focus funding from the Community Development Block Grant Program administered by DECD, the HOME Investment Partnerships Program, the Housing Trust Fund, and the Emergency Solutions Grant Program, which are administered by MaineHousing.

W. "Mainstream Resources" means a variety of Federal and state benefit government assistance programs Persons Experiencing Homelessness may be eligible to receive. These include but are not limited to: Temporary Assistance For Needy Families (TANF), Food Supplement Program, veterans' benefits, MaineCare, General Assistance, Supplemental Security Income Program (SSI), Social Security Disability Insurance (SSDI), and Housing Choice Voucher Program.

X. "Maine's Job Bank" is an on-line job posting and job search system provided by Maine CareerCenter.

Y. "McKinney-Vento Act" means the Stewart B. McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11301et seq., and the regulations promulgated thereunder.

Z. "Persons Experiencing Homelessness" means:

i. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

1. 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;

2. 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

3. 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;

ii. An individual or family who will imminently lose their primary nighttime residence, provided that:

1. The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;

2. No subsequent residence has been identified; and

3. 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;

iii. 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:

1. 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 U.S.C. 1786(b)) or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) ;

2. 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;

3. 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

4. Can be expected to continue 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; or

iv. Any individual or family who:

1. Is 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 or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;

2. Has no other residence; and

3. Lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, to obtain other permanent housing.

As defined in 24 CFR § 576.2. Should the applicable federal regulation be changed or amended, this Rule will adhere to the most current regulation.

AA. "Program" means an offering of grants subject to recapture available to prospective eligible Applicants on certain terms and for certain purposes determined by MaineHousing pursuant to this Rule.

BB. "Program Guide and Application" means the written procedural and administrative guide for a particular Program governed by the terms and conditions of this Rule. It includes the annual application completed by Applicants.

CC. "Rapid Re-housing" means housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to help Persons Experiencing Homelessness move as quickly as possible into permanent housing and achieve stability in that housing.

DD. "Regional Homeless Council" means one of the following three advisory committees concerning homelessness: Region I comprising York and Cumberland Counties; Region II comprising Androscoggin, Franklin, Kennebec, Knox, Lincoln, Sagadahoc, Somerset, Oxford, and Waldo Counties; and Region III comprising Penobscot, Piscataquis, Aroostook, Washington, and Hancock Counties.

EE. "Shelter Operations" are the costs of maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation of an Emergency Shelter.

FF. "Statewide Homeless Council" means the advisory committee created pursuant to § 5046 of the Act.

GG. "Victim Service Provider" means a private nonprofit organization whose primary mission is to provide direct services to victims of domestic violence.

HH. "Violence Against Women Act "or "VAWA" is a United States federal law (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355).

99-346 C.M.R. ch. 19, § 1