Clearinghouse No. 23-056
STATE OF WISCONSIN
Department of Veterans Affairs
In the matter of rulemaking proceedings before the Department of Veterans Affairs.
ORDER OF THE DEPARTMENT OF VETERANS AFFAIRS
ADOPTING PERMANENT RULES
The statement of scope for this rule, SS 006-23, was approved by the Governor on January 12, 2023, published in Register No. 805A4 on January 23, 2023, and approved for implementation by the Secretary of the Department of Veterans Affairs on February 6, 2023. ORDER
An order of the Department of Veterans Affairs to repeal VA 13.01 (2), 13.02 (2) (b), 13.03 (title) and (5), 13.04 (3), 13.05 (2), and 13.06; to renumber VA 13.03 (intro.) and (1) to (4), (6), and (7), and 13.04 (2); to renumber and amend VA 13.02 (2) (intro.), (a), (c) to (e), and (3), and 13.04 (intro.) and (1); to amend VA 13 (title), 13.01 (1), (3), and (4), 13.02 (1), and (2) (title), and 13.05 (title), (intro.), and (1); to repeal and recreate VA 13.02 (title) and 13.06; and to create VA 13.001, 13.01 (1m), (2m), and (5), 13.02 (3) (b) and (4), 13.035, 13.04 (1) (c), (2m), (3m), and (Note), 13.05 (2m), and 13.065; relating to veterans housing and recovery program.
Analysis prepared by the Department of Veterans Affairs.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 45.03 (2), Stats., provides that the Secretary may promulgate rules necessary to carry out the purposes of Chapter 45 of the Wisconsin Statutes and the powers and duties conferred upon it. Section 45.43 (2), Stats., provides the department may charge fees for single room occupancy housing, transitional housing, and for other assistance provided under this section that the department designates, and requires the department to promulgate rules establishing the fee schedule and the manner of implementation of that schedule. Related statute or rule:
None
Plain language analysis:
Chapter VA 13 encompasses the department’s program that provides transitional and supportive housing and services to homeless veterans. This program, the Veterans Housing and Recovery Program (VHRP), is funded largely by the U.S. Department of Veterans Affairs (USDVA) Grant and Per Diem (GPD) program. The VHRP provides temporary housing, training, and supportive services to veterans who are homeless or at risk of becoming homeless in order to help them obtain permanent housing. The VHRP also helps homeless veterans in Wisconsin receive the job training, education, counseling, and rehabilitative services they need to obtain steady employment, affordable housing, and the skills to sustain a productive lifestyle. The assisted living program, referenced in the current rule, formerly provided state funds to enable indigent veterans to remain in the assisted living center that was operated at Union Grove. The assisted living program was eliminated in 2019.
The proposed rule repeals references to the assisted living program, updates the chapter to reflect current administrative practices, improves the administration of the program, and makes the following substantive changes:
— Amends chapter title from Veterans Assistance Program to Veterans Housing and Recovery Program.
— Creates definitions for “case management”, “homeless”, and “VHRP facility”, amends the definition for “veteran” to reflect USDVA program eligibility, and repeals a redundant definition (as definitions in VA 1 apply to all chapters).
— Repeals references to single-room occupancy and assisted living facilities.
— Repeals references relating to financial assistance to pursue vocational opportunities.
— Repeals monetary references relating to rent and amends provisions to reflect that the program uses the HUD Fair Market rent values and is regulated and funded by the GPD program.
— Updates provisions relating to program assistance, eligibility, participation requirements, and discharge conditions.
This rule also makes general updates, revises outdated provisions, and amends certain provisions for clarity and conformity with current drafting standards for style and format.
Summary of, and comparison with, existing or proposed federal regulation:
The GPD program is the USDVA’s largest transitional housing program for veterans experiencing homelessness and is permanently authorized under Public Law 109-461 and governed under 38 C.F.R. part 61. Since 1994, the GPD program has awarded funding to organizations to provide transitional housing with wraparound supportive services to assist vulnerable veterans in moving into permanent housing. The U.S. Department of Housing and Urban Development (HUD) annually estimates Fair Market Rents, as defined in 24 CFR 888.113. The VHRP program uses HUD Fair Market rent values that are regulated and funded by the GPD program. Since guidance and regulations for this program change frequently, it is vital that the rules under chapter VA 13 reflect the most current USDVA regulations and directives.
Comparison with rules in adjacent states:
Illinois: A review of Illinois statutes, rules, and websites did not reveal a similar state-funded housing program as Wisconsin’s Veterans Housing and Recovery Program. The State of Illinois has a specially adapted housing grant for veterans who qualify for the federal veterans' specially adapted housing grant. Under the 330 ILCS 65/Disabled Veterans Housing Act, eligible veterans may be granted a single lump sum payment not to exceed $15,000 to provide assistance in acquiring a suitable dwelling unit with special fixtures and/or movable facilities made necessary by the veteran's permanent and total disability. To be eligible, the veteran must be certified eligible by the VA for the federal Specially Adapted Housing Grant, and the veteran must have been a resident of the State of Illinois at the time he or she entered the service. Veterans eligible for the federal grant for Specially Adapted Housing may be provided a State of Illinois grant of up to $3,000 to help pay the cost of remodeling made necessary by the veteran's permanent and total disability.
Iowa: A review of Iowa statutes, rules, and websites did not reveal a similar state-funded housing program as Wisconsin’s Veterans Housing and Recovery Program. The Iowa Department of Veterans Affairs provides minimal transitional housing assistance through the Iowa Veterans Trust Fund. Assistance for transitional housing may be provided to veterans who are displaced from their homes during a period of repairs related to a disaster, vandalism, home accident, or other reason that makes staying in the home hazardous to the health of the residents. The maximum amount that may be paid under this program for any consecutive 12-month period may not exceed $1,000 for transitional housing.
Michigan: A review of Michigan’s statutes, rules, and websites did not reveal a similar state-funded housing program as Wisconsin’s Veterans Housing and Recovery Program. The Department of Military and Veterans Affairs provides grants of up to $2,000 per year for qualified veterans and their families through the Military Family Relief Fund, which provides financial assistance for necessities of daily living, including housing. The requirements may be waived in emergency cases upon a written request to the Adjutant General.
Minnesota: A review of Minnesota’s statutes, rules, and websites did not reveal a similar state-funded housing program as Wisconsin’s Veterans Housing and Recovery Program. The Minnesota Department of Veterans Affairs provides a Property Management Incentive Fund, which provides a one-time incentive payment of up to $2,000 to property managers who agree to accept a one-year rental application from veterans with complex rental barriers. The High-Barrier Landlord Incentive Program provides $1,000 per month for up to 12 consecutive months to landlords who rent to veterans with the highest barriers to obtaining housing. This program is limited to serving 25 veterans. The Veteran Temporary Emergency Housing Voucher Program provides reimbursement to Community Service Providers covering the cost of a temporary hotel room or non-congregate temporary unit for veterans or former service members and their households who are actively experiencing homelessness and have no other sheltering options available to them.
Summary of factual data and analytical methodologies:
The current policies and administration of the Veterans Housing and Recovery Program were closely reviewed to develop the proposed rule revisions. Pursuant to ss. 45.03 (2m) and 227.14 (2) (a) 6m., Stats., administrative rules prepared by the Department of Veterans Affairs must be provided to the Board of Veterans Affairs. The Board may prepare a report containing written comments and its opinion regarding the proposed rules. At its meeting on October 12, 2023, the Board voted to support the proposed revisions to VA 13. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The permanent rule was posted for 14 days to solicit economic impact comments from stakeholders. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
The proposed rules do not have an anticipated economic impact and have no effect on small businesses, as defined in s. 227.114 (1), Stats. Agency Contact:
