Removal of Regulations for the Shelter Plus Care and the Supportive Housing Programs
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Issuing agencies
Abstract
This rule removes HUD's Shelter Plus Care program and Supportive Housing Program regulations from title 24 of the Code of Federal Regulations. HUD is removing these regulations and references to these regulations because the Shelter Plus Care and Supportive Housing Programs were consolidated into and replaced by the Continuum of Care (CoC) Program following the enactment of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act).
Full Text
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<title>Federal Register, Volume 91 Issue 75 (Monday, April 20, 2026)</title>
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[Federal Register Volume 91, Number 75 (Monday, April 20, 2026)]
[Rules and Regulations]
[Pages 20898-20899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07633]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 578, 582, and 583
[Docket No. FR-6583-F-01]
Removal of Regulations for the Shelter Plus Care and the
Supportive Housing Programs
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Final rule.
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SUMMARY: This rule removes HUD's Shelter Plus Care program and
Supportive Housing Program regulations from title 24 of the Code of
Federal Regulations. HUD is removing these regulations and references
to these regulations because the Shelter Plus Care and Supportive
Housing Programs were consolidated into and replaced by the Continuum
of Care (CoC) Program following the enactment of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act).
DATES: Effective Date: May 20, 2026.
FOR FURTHER INFORMATION CONTACT: Wesley Armstrong, Department of
Housing and Urban Development, 2415 Eisenhower Ave., Alexandria, VA
22314; telephone number 202-402-2107 (this is not a toll-free number);
email <a href="/cdn-cgi/l/email-protection#762113051a130f58245837041b050204191811361e031258111900"><span class="__cf_email__" data-cfemail="6433011708011d4a364a2516091710160b0a03240c11004a030b12">[email protected]</span></a>. HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
The McKinney-Vento Homeless Assistance Act (McKinney-Vento)
contains emergency relief programs, preventive measures, and long-term
solutions to address homelessness (Pub. L. 100-77, 101 Stat. 482,
codified at 42 U.S.C. 11301 et seq). McKinney-Vento authorized the
Shelter Plus Care Program and Supportive Housing Program.\1\ HUD
promulgated numerous regulations governing the Shelter Plus Care
Program and Supportive Housing Program. In 2009, the HEARTH Act
(Division B, Pub. L. 111-22, 123 Stat. 1632), reformed McKinney-Vento
and consolidated two homeless assistance programs administered by HUD,
specifically the Shelter Plus Care Program and Supportive Housing
Program, into the Continuum of Care (CoC) Program. HUD published an
interim rule on July 31, 2012, implementing the CoC program regulations
and the CoC regulatory framework at 24 CFR part 578 (77 FR 45422). HUD
published the CoC interim rule, incorporating public comments in the
Federal Register, on June 14, 2016 (81 FR 38581).
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\1\ McKinney-Vento authorized the Shelter Plus Care program
under title IV, subtitle F (42 U.S.C. 11403 et seq.) and authorized
the Supportive Housing Program under title IV (42 U.S.C. 11381 et
seq.).
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II. This Final Rule
This rule removes the Shelter Plus Care program and the Supportive
Housing Program regulations located at 24 CFR parts 582 and 583,
respectively, because they have been replaced by the CoC program
following the enactment of the HEARTH Act and subsequent CoC
regulations. For the Shelter Plus Care program, this rule removes 24
CFR part 582 because the program has been consolidated into the CoC
Program, and specific Shelter Plus Care funds are no longer available
and all renewals have been renewed through the CoC program. For the
Supportive Housing Program, this rule removes 24 CFR part 583 because
the program has been consolidated into the CoC Program, and specific
Supportive Housing Program funds are no longer available, and all
renewals have been renewed through the CoC program. HUD is making a
conforming amendment to 24 CFR 578.33(d)(1) to remove cross-references
to parts 582 and 583.
III. Justification for Final Rulemaking
In accordance with regulations at 24 CFR part 10, it is the
practice of the Department to offer interested parties an opportunity
to comment on proposed regulations. 24 CFR part 10 provides narrow
exceptions to the notice and comment requirements if the Department
finds good cause to omit notice and public participation. The good
cause requirement under 24 CFR 10.1 may be satisfied when notice and
public comment are impracticable, unnecessary, or contrary to the
public interest. To publish a rule prior to receiving and responding to
public comments, the agency must find that at least one good cause
exceptions is applicable.
HUD has determined that good cause exists to promulgate this final
rule without prior notice and comment. Specifically, the Department has
concluded that it is impractical and unnecessary to solicit and respond
to public comments on the deletion of regulations that were
consolidated in part 578 as a result of statutory changes. Accordingly,
HUD has concluded there is good cause to publish this rule prior to
receiving and responding to public comments.
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the Executive
Order. Executive Order 13563 (Improving Regulations and Regulatory
Review) directs executive agencies to analyze regulations that are
``outmoded, ineffective, insufficient, or excessively burdensome, and
to modify, streamline, expand, or repeal them in accordance with what
has been learned.'' Executive Order 13563 also directs that, where
relevant, feasible, and consistent with regulatory objectives, and to
the extent permitted by law, agencies are to identify and consider
regulatory approaches that reduce burdens and maintain flexibility and
freedom of choice for the public. This rule eliminates language that is
no longer in use. Accordingly, this rule has been determined not to be
a ``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866.
Regulatory Costs--Executive Order 14192
Executive Order 14192, entitled ``Unleashing Prosperity Through
Deregulation,'' was issued on January 31, 2025. Section 3(c) of
Executive Order 14192 requires that any new incremental costs
associated with new regulations shall, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
10 prior regulations. OMB has determined that this final rule does not
impose any regulatory costs as HUD already consolidated the regulations
in 24 CFR part 578 and this action is a repeal of a regulation for
purposes of Executive Order 14192.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because HUD
[[Page 20899]]
has determined that good cause exists to issue this rule without prior
public comment, this rule is not subject to the requirement to publish
an initial or final regulatory flexibility analysis under the RFA as
part of such action.
Environmental Impact
This rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule
is categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321).
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either: (i) imposes substantial direct compliance costs on State and
local governments and is not required by statute, or (ii) preempts
State law, unless the agency meets the consultation and funding
requirements of section 6 of the Executive Order. This rule does not
have federalism implications and does not impose substantial direct
compliance costs on State and local governments or preempt State law
within the meaning of the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531
et seq.) (UMRA) establishes requirements for Federal agencies to assess
the effects of their regulatory actions on State, local, and Tribal
governments and the private sector. This rule does not impose any
Federal mandates on any State, local, or Tribal governments or the
private sector within the meaning of the UMRA.
List of Subjects
24 CFR Part 578
Community development, Community facilities, Grant programs--
housing and community development, Grant programs--social programs,
Homeless, Reporting and recordkeeping requirements.
24 CFR Part 582
Civil rights, Community facilities, Grant programs--housing and
community development, Grant programs--social programs, Homeless,
Individuals with disabilities, Mental health programs, Nonprofit
organizations, Rent subsidies, Reporting and recordkeeping
requirements.
24 CFR Part 583
Civil rights, Community facilities, Employment, Grant programs--
housing and community development, Grant programs--social programs,
Homeless, Indians, Individuals with disabilities, Mental health
programs, Nonprofit organizations, Reporting and recordkeeping
requirements, Technical assistance.
Accordingly, for the reasons discussed in the preamble, HUD amends
24 CFR chapter V as follows:
PART 578--CONTINUUM OF CARE PROGRAM
0
1. The authority citation for part 578 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 11381 et seq.,
42 U.S.C. 3535(d).
0
2. Revise Sec. 578.33(d)(1) to read as follows:
Sec. 578.33 Renewals.
* * * * *
(d) * * *
(1) Awards made under title IV of the Act, as in effect before
August 30, 2012 are eligible for renewal in the Continuum of Care
program even if the awardees would not be eligible for a new grant
under the program, so long as they continue to serve the same
population and the same number of persons or units in the same type of
housing as identified in their most recently amended grant agreement
signed before August 30, 2012. Grants will be renewed if HUD receives a
certification from the Continuum that there is a demonstrated need for
the project, and HUD finds that the project complied with program
requirements applicable before August 30, 2012.
* * * * *
PART 582--[REMOVED]
0
3. Under the authority of 42 U.S.C. 3535(d), remove part 582,
consisting of Sec. Sec. 582.1 through 582.410.
PART 583--[REMOVED]
0
4. Under the authority of 42 U.S.C. 3535(d), remove part 583,
consisting of Sec. Sec. 583.1 through 583.410.
Ronald Kurtz,
Assistant Secretary for Community Planning and Development.
[FR Doc. 2026-07633 Filed 4-17-26; 8:45 am]
BILLING CODE 4210-67-P
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