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Housing for Persons Living with HIV/AIDS

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Housing for Persons Living with HIV/AIDS Libby Perl Specialist in Housing Policy July 3, 2012January 7, 2013 Congressional Research Service 7-5700 www.crs.gov RL34318 CRS Report for Congress Prepared for Members and Committees of Congress Housing for Persons Living with HIV/AIDS Summary Since the beginning of the acquired immunodeficiency syndrome (AIDS) epidemic in the early 1980s, many individuals living with the disease have had difficulty finding affordable, stable housing. As individuals become ill, they may find themselves unable to work, while at the same time facing health care expenses that leave few resources to pay for housing. In addition, many of those persons living with AIDS struggled to afford housing even before being diagnosed with the disease. The financial vulnerability associated with AIDS, as well as the human immunodeficiency virus (HIV) that causes AIDS, results in a greater likelihood of homelessness among persons living with the disease. At the same time, those who are homeless may be more likely to engage in activities through which they could acquire or transmit HIV. Further, recent research has indicated that those individuals living with HIV who live in stable housing have better health outcomes than those who are homeless or unstably housed, and that they spend fewer days in hospitals and emergency rooms. Congress recognized the housing needs of persons living with HIV/AIDS when it approved the Housing Opportunities for Persons with AIDS (HOPWA) program in 1990 as part of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625). The HOPWA program, administered by the Department of Housing and Urban Development (HUD), funds short-term and permanent housing, together with supportive services, for individuals living with HIV/AIDS and their families. In addition, a small portion of funds appropriated through the Ryan White HIV/AIDS program, administered by the Department of Health and Human Services (HHS), may also be used to fund short-term housing for those living with HIV/AIDS. In FY2012, Congress appropriated $332 million for HOPWA as part of the Consolidated Appropriations Act (P.L. 112-55). This was a reduction of $3 million from the $335 million appropriated in FY2011 and FY2010, the most funding ever appropriated for the program. Prior to FY2010, the most that had been appropriated for HOPWA was $310 million in FY2009. HOPWA funds are distributed to states and localities through both formula and competitive grants. HUD awards 90% of appropriated funds by formula to states and eligible metropolitan statistical areas (MSAs) based on population, reported cases of AIDS, and incidence of AIDS. The remaining 10% is distributed through a grant competition. Funds are used primarily for housing activities, although grant recipients must provide supportive services to those persons residing in HOPWA-funded housing. The Appendix provides the formula grants distributed to eligible states and metropolitan statistical areas from FY2004 to FY2012. Congressional Research Service Housing for Persons Living with HIV/AIDS Contents Introduction...................................................................................................................................... 1 Housing Status of Persons Living with HIV/AIDS ................................................................... 1 Creation of the Housing Opportunities for Persons with AIDS (HOPWA) Program ................ 2 Distribution and Use of HOPWA Funds .......................................................................................... 43 Formula Grants .......................................................................................................................... 43 Competitive Grants.................................................................................................................... 5 Eligibility for HOPWA-Funded Housing .................................................................................. 6 Eligible Uses of HOPWA Funds................................................................................................ 76 HOPWA Program Formula and Funding ......................................................................................... 8 The HOPWA Formula ............................................................................................................... 8 HOPWA Funding ..................................................................................................................... 10 Housing Funded Through the Ryan White HIV/AIDS Program ................................................... 1112 The Relationship Between Stable Housing and Health Outcomes ................................................ 1415 Tables Table 1. HOPWA Funding and Eligible Jurisdictions, FY2001-FY2012 and FY2013 Proposal ...................................................................................................................................... 11 Table A-1. HOPWA Formula Allocations, FY2004-FY2012 ........................................................ 1617 Appendixes Appendix. Recent HOPWA Formula Allocations .......................................................................... 1617 Contacts Author Contact Information........................................................................................................... 2324 Congressional Research Service Housing for Persons Living with HIV/AIDS Introduction Acquired immunodeficiency syndrome (AIDS), a disease caused by the human immunodeficiency virus (HIV), weakens the immune system, leaving individuals with the disease susceptible to infections. As of 2009, AIDS had been diagnosed and reported in an estimated 490,696 individuals living in the 50 states, the District of Columbia, and the territories.1 These estimates do not include those diagnosed with HIV where the disease has not yet progressed to AIDS or those who have not yet been diagnosed as HIV positive but are currently living with the disease. Currently there is no cure for HIV/AIDS, and in the early years of the AIDS epidemic, those persons infected with AIDS often died quickly. In recent years, however, medications have allowed persons living with HIV and AIDS to live longer and to remain in better health. Despite improvements in health outcomes, affordable housing remains important to many who live with HIV/AIDS. This report describes recent research that shows how housing and health status are related and the effects of stable housing on patient health. It also describes the Housing Opportunities for Persons with AIDS (HOPWA) program, the only federal program that provides housing and services specifically for persons who are HIV positive or who have AIDS, together with their families. In addition, the report describes how a small portion of funds appropriated through the Ryan White HIV/AIDS program may be used by states and local jurisdictions to provide short-term housing assistance for persons living with HIV/AIDS. Housing Status of Persons Living with HIV/AIDS The availability of adequate, affordable housing for persons living with HIV and AIDS has been an issue since AIDS was first identified in U.S. patients in the early 1980s. The inability to afford housing and the threat of homelessness confront many individuals living with HIV/AIDS. From the early years of the epidemic, those individuals who have been infected with HIV/AIDS face impoverishment as they become unable to work, experience high medical costs, or lose private health insurance coverage. The incidence of HIV/AIDS has also grown among low-income individuals who were economically vulnerable even before onset of the disease.2 Not surprisingly, researchers have found a co-occurrence between HIV/AIDS and homelessness. Homeless persons have a higher incidence of HIV/AIDS infection than the general population, while many individuals with HIV/AIDS are at risk of becoming homeless.3 Research has foundStudies of the relationship between HIV and homelessness have found prevalence among homeless populations that range from 2% to 22%.4 Further, homelessness has been found to be associated with greater 1 Note that this represents persons living with AIDS, not a cumulative total. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, HIV Surveillance Report 2010, vol. 22, Atlanta, GA, March 2012, pp. 56-57, table 16b, http://www.cdc.gov/hiv/surveillance/resources/reports/2010report/pdf/ 2010_HIV_Surveillance_Report_vol_22.pdf#Page=1. 2 John M. Karon, Patricia L. Fleming, Richard W. Steketee, and Kevin M. DeCock, “HIV in the United States at the Turn of the Century: An Epidemic in Transition,” American Journal of Public Health 91, no. 7 (July 2001): 1064-1065. See also, Paul Denning and Elizabeth DiNenno, Communities in Crisis: Is There a Generalized HIV Epidemic in Impoverished Urban Areas of the United States?, Centers for Disease Control and Prevention, August 2010, http://www.cdc.gov/hiv/topics/surveillance/resources/other/pdf/poverty_poster.pdf. 3 See, for example, D.P. Culhane, E. Gollub, R. Kuhn, and M. Shpaner, “The Co-Occurrence of AIDS and Homelessness: Results from the Integration of Administrative Databases for AIDS Surveillance and Public Shelter Utilization in Philadelphia,” Journal of Epidemiology and Community Health 55, no. 7 (2001): 515-520. Marjorie Robertson, et al., “HIV Seroprevalence Among Homeless and Marginally Housed Adults in San Francisco,” American Journal of Public Health 94, no. 7 (2004): 1207-1217. Angela A. Aidala and Gunjeong Lee, Housing Services and Housing Stability Among Persons Living with HIV/AIDS, Joseph L. Mailman School of Public Health, May 30, 2000, (continued...) Congressional Research Service 1 Housing for Persons Living with HIV/AIDS that rates of HIV among homeless people may be as much as three to nine times higher than among those living in stable housing.4 Further, those who are HIV positive and homeless have been found to be more likely than those who are HIV positive and housed to engage in behaviors associated with the spread of HIV/AIDS. In one study, the use of injectable drugs, sharing needles, and exchanging sex for drugs or money were more likely among both homeless individuals and those who were unstably housed compared to those with stable housing.5 (Those who were considered unstably housed lived in transitional housing, in jail, drug treatment or a halfway house, or were doubled up in someone else’s home.)6 When housing improved for individuals in the study, their odds of engaging in these behaviors were reduced. Another study found that homeless persons living with HIV/AIDS were almost twice as likely to engage in unprotected sex compared to those who had housing.7 (Individuals were considered housed if they lived in a house or apartment alone or with others, a medical care facility, or a correctional institution.)8M-J Milloy, B.D. Marshall, and J. Montaner, et al., “Housing Status and the Health of People Living with HIV/AIDS,” Current HIV/AIDS Reports, vol. 9, no. 4 (December 2012), pp. 364-374. 4 David Buchanan, Romina Kee, and Laura Sadowski, et al., “The Health Impact of Supportive Housing for HIV(continued...) Congressional Research Service 1 Housing for Persons Living with HIV/AIDS likelihood of participation in the risk factors that might lead to HIV/AIDS (multiple sexual partners, sex exchange, drug use, and diagnosis of a sexually transmitted infection),5 as well as lowered adherence to anti-retroviral therapy.6 Creation of the Housing Opportunities for Persons with AIDS (HOPWA) Program In 1988, Congress established the National Commission on AIDS as part of the Health Omnibus Extension Act (P.L. 100-607) to “promote the development of a national consensus on policy concerning acquired immune deficiency syndrome (AIDS); and to study and make recommendations for a consistent national policy concerning AIDS.” In April 1990, in its second interim report to the President, the commission recommended that Congress and the President provide “[f]ederal housing aid to address the multiple problems posed by HIV infection and AIDS.”97 About the same time that the commission released its report, in March of 1990, the House Committee on Banking, Finance, and Urban Affairs held a hearing about the need for housing among persons living with HIV/AIDS. Witnesses as well as committee members discussed various barriers to housing for persons living with HIV/AIDS. Among the issues confronting those personspersons living with HIV/AIDS that were discussed at the hearing were poverty, homelessness, and discrimination10 discrimination in attempting to secure housing. 118 Another issue discussed at the hearing was the (...continued) http://www.nyhiv.org/pdfs/chain/CHAIN%20Housing%20Stability%2032.pdf. 4 Daniel P. Kidder, Richard J. Wolitski, and Scott Royal, et al., “Access to Housing as a Structural Intervention for Homeless and Unstably Housed People Living with HIV: Rational, Methods, and Implementation of the Housing and Health Study,” AIDS and Behavior, vol. 11, no. 6 (November 2007, supplement), pp. 149-150. 5 Angela Aidala, Jay E. Cross, Ron Stall, David Harre, and Esther Sumartojo, “Housing Status and HIV Risk Behaviors: Implications for Prevention and Policy,” AIDS and Behavior 9, no. 3 (2005): 251-265. 6 Ibid., p. 254. 7 Daniel P. Kidder, Richard J. Wolitski, and Sherri L. Pals, et al., “Housing Status and HIV Risk Behaviors Among Homeless and Housed Persons with HIV,” Journal of Acquired Immune Deficiency Syndromes, vol. 49, no. 4 (December 1, 2008), pp. 453-454. 8 Ibid., p. 452. 9 The second interim report was released on April 24, 1990. Its recommendations were reprinted in National Commission on Acquired Immune Deficiency Syndrome, Annual Report to the President and Congress, August 1990, pp. 106-109. 10 Individuals living with HIV/AIDS have experienced housing discrimination even though they are protected as persons with a “handicap” under the Fair Housing Act (FHA). 42 U.S.C. §§3601-3631. A number of court cases have established that the definition of “handicap” protects persons who are HIV positive and persons with AIDS. See, for example, Baxter v. City of Belleville, Ill., 720 F.Supp. 720, 729-730 (S.D.Ill.1989), and Support Ministries for Persons With AIDS, Inc. v. Village of Waterford, N.Y., 808 F.Supp. 120, 129-133 (N.D.N.Y. 1992). Congressional Research Service 2 Housing for Persons Living with HIV/AIDS eligibility for subsidized housing for persons living with the disease. A question raised during the hearing, but left unresolved, was whether persons living with HIV or AIDS met the definition of “handicap” in order to be eligible for the Section 202 Supportive Housing for the Elderly program (which also provided housing for persons with disabilities).12 Another concern was that persons living with HIV/AIDS often had difficulty obtaining subsidized housing through mainstream HUD programs such as Public Housing and Section 8 due to the length of waiting lists; individuals often died while waiting for available units.13 In the 101st Congress, at least two bills were introduced that contained provisions to create a housing program specifically for persons living with AIDS. These proposed programs were called the AIDS Housing Opportunity Act (which was part of the Housing and Community Development Act of 1990, H.R. 1180) and the AIDS Opportunity Housing Act (H.R. 3423). The hearing was the eligibility for subsidized housing for persons living with the disease. A question raised during the hearing, but left unresolved, was whether persons living with HIV or AIDS met the definition of “handicap” in order to be eligible for the Section 202 Supportive Housing for the Elderly program (which also provided housing for persons with disabilities).9 Another concern was that persons living with HIV/AIDS often had difficulty obtaining subsidized housing through mainstream HUD programs such as Public Housing and Section 8 due to the length of waiting lists; individuals often died while waiting for available units.10 In the 101st Congress, at least two bills were introduced that contained provisions to create a housing program specifically for persons living with AIDS. These proposed programs were called the AIDS Housing Opportunity Act (which was part of the Housing and Community Development Act of 1990, H.R. 1180) and the AIDS Opportunity Housing Act (H.R. 3423). The (...continued) PositiveHomeless Patients: A Randomized Controlled Trial,” American Journal of Public Health, vol. 99, no. S3 (September 3, 2009), pp. S675-S680. 5 See, for example, Danielle German and Carl A. Latkin, “Social Stability and HIV Risk Behavior: Evaluating the Role of Accumulated Vulnerability,” AIDS and Behavior, vol. 16, no. 1 (January 2012), pp. 168-178. 6 See, for example, Anita Palepu, M-J Milloy, and Thomas Kerr, et al., “Homelessness and Adherence to Antiretroviral Therapy among a Cohort of HIV-Infected Injection Drug Users,” Journal of Urban Health, vol. 88, no. 3 (June 2011), pp. 545-555. 7 The second interim report was released on April 24, 1990. Its recommendations were reprinted in National Commission on Acquired Immune Deficiency Syndrome, Annual Report to the President and Congress, August 1990, pp. 106-109. 8 Hearing before the House Committee on Banking, Finance, and Urban Affairs, Subcommittee on Housing and Community Development, “Housing Needs of Persons with Acquired Immune Deficiency Syndrome,” March 21, 1990. See also, Statement of Representative James A. McDermott, 135 Cong. Rec. 23641, October 5, 1989. 9 Ibid., pp. 25-30. 10 U.S. Congress, House Committee on Banking, Finance, and Urban Affairs, Housing and Community Development Act of 1990, report to accompany H.R. 1180, 101st Cong., 2nd sess., June 21, 1990, H.Rept. 101-559. Congressional Research Service 2 Housing for Persons Living with HIV/AIDS bills were similar, and both proposed to fund short-term and permanent housing, together with supportive services, for individuals living with AIDS and related diseases. The text from one of these bills, H.R. 1180, which included the AIDS Housing Opportunity Act, was incorporated into the Cranston-Gonzalez National Affordable Housing Act (S. 566) when it was debated and passed by the House on August 1, 1990. In conference with the Senate, the name of the housing program was changed to Housing Opportunities for Persons with AIDS (HOPWA). In addition, the several separate housing assistance programs that had been proposed in H.R. 1180—one for short-term housing, one for permanent housing supported through Section 8, and one for community residences—were consolidated into one formula grant program in which recipient communities could choose which activities to fund. The amended version of S. 566 was signed by the President on into law on November 28, 1990, and became P.L. 101-625, the Cranston -Gonzalez National Affordable Housing Act. The HOPWA program is administered by the Department of Housing and Urban Development (HUD) and remains the only federal program solely dedicated to providing housing assistance to persons living with HIV/AIDS and their families.1411 The program addresses the need for reasonably priced housing for thousands of low-income individuals (those with incomes at or below 80% of the area median income). HOPWA was last reauthorized by the Housing and Community Development Act of 1992 (P.L. 102-550). Although authorization of appropriations for HOPWA expired after FY1994, Congress continues to fund the program through annual appropriations. (...continued) 11 Hearing before the House Committee on Banking, Finance, and Urban Affairs, Subcommittee on Housing and Community Development, “Housing Needs of Persons with Acquired Immune Deficiency Syndrome,” March 21, 1990, (hereafter Hearing on Housing Needs). See also, Statement of Representative James A. McDermott, 135 Cong. Rec. 23641, October 5, 1989. 12 Hearing on Housing Needs, pp. 25-30. See footnote 11. 13 U.S. Congress, House Committee on Banking, Finance, and Urban Affairs, Housing and Community Development Act of 1990, report to accompany H.R. 1180, 101st Cong., 2nd sess., June 21, 1990, H.Rept. 101-559. 14 The law is codified at 42 U.S.C. §§12901-12912, with regulations at 24 C.F.R. Parts 574.3-574.655. Congressional Research Service 3 Housing for Persons Living with HIV/AIDS expired after FY1994, Congress continues to fund the program through annual appropriations. Distribution and Use of HOPWA Funds Formula Grants HOPWA program funding is distributed both by formula allocations and competitive grants. HUD awards 90% of appropriated funds by formula to states and eligible metropolitan statistical areas (MSAs) that meet the minimum AIDS case requirements according to data reported to the Centers for Disease Control and Prevention (CDC) in the previous year. (For the amounts distributed to eligible states and MSAs in recent years, see Appendix.) HOPWA formula funds are available through HUD’s Consolidated Plan initiative. Jurisdictions applying for funds from four HUD formula grant programs, including HOPWA,1512 submit a single consolidated plan to HUD. The plan includes an assessment of community housing and development needs and a proposal that addresses those needs, using both federal funds and community resources. Communities that participate in the Consolidated Plan may receive HOPWA funds if they meet formula requirements. Formula funds are allocated in two ways: • 11 12 First, 75% of the total available formula funds, sometimes referred to by HUD as “base funding,” is distributed to The law is codified at 42 U.S.C. §§12901-12912, with regulations at 24 C.F.R. Parts 574.3-574.655. The others are the Community Development Block Grant, the Emergency Solutions Grants, and HOME. Congressional Research Service 3 Housing for Persons Living with HIV/AIDS —the largest cities within metropolitan statistical areas (MSAs)1613 with populations of at least 500,000 and with 1,500 or more cumulative reported cases of AIDS (which includes those who have died); and —to states with at least 1,500 cases of AIDS in the areas outside of that state’s eligible MSAs.1714 • Second, 25% of total available formula funds—sometimes referred to by HUD as “bonus funding”—is distributed on the basis of AIDS incidence during the past three years.18 Only the largest : newly diagnosed AIDS cases as reported by the CDC for the time period April 1 through March 31 of the year preceding the appropriations law. Only the largest cities within MSAs that have populations of at least 500,000, with at least 1,500 reported cases of AIDS and that have a higher than average per capita incidence of AIDS are eligible.1915 States are not eligible for bonus funding. Although HOPWA funds are allocated to the largest city within an MSA, thesethe recipient cities are required to allocate funds “in a manner that addresses the needs within the metropolitan statistical area in which the city is located.”2016 While the distribution of the balance of state funds is based on AIDS cases outside of eligible MSAs, states may use funds for projects in any area of the state, 15 The others are the Community Development Block Grant, the Emergency Solutions Grants, and HOME. MSAs are defined as having at least one core “urbanized” area of 50,000 with the MSA comprised of “the central county or counties containing the core, plus adjacent outlying counties having a high degree of social and economic integration with the central county or counties as measured through commuting.” See Office of Management and Budget, “2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas,” 75 Federal Register 3724637252, July 28, 2010. 17 42 U.S.C. §12903(c)(1)(A). 18 AIDS incidence is measured as the number of new AIDS cases during a given time period. 19 42 U.S.C. §12903(c)(1)(B). 20 42 U.S.C. §12903(f). 16 Congressional Research Service 4 Housing for Persons Living with HIV/AIDS including those that receivedreceive their own funds.2117 According to HUD guidance, states should serve clients in areas outside of eligible MSAs, but the state may operate anywhere in the state because it “may be coordinating the use of all resources in a way that addresses needs more appropriately throughout the state.”2218 In FY2012, 94 MSAs (including the District of Columbia) received funds, while 40 states and Puerto Rico received funds for use in the areas outside of based on the number of AIDS cases outside of recipient MSAs.23 19 HUD jurisdictions that receive HOPWA funds may administer housing and services programs themselves or may allocate all or a portion of the funds to subgrantee private nonprofit nonprofit organizations. HOPWA formula funds remain available for obligation for two years. As a result of language included in every HUD appropriations law since FY1999 (P.L. 105-276), states do not lose formula funds if their reported AIDS cases drop below 1,500, as long as they received funding in the previous fiscal year. States generally drop below 1,500 AIDS cases when a large metropolitan area becomes separately eligible for formula funds. These states are allocated a grant on the basis of the cumulative number of AIDS cases outside of their MSAs.2420 13 MSAs are defined as having at least one core “urbanized” area of 50,000 with the MSA comprised of “the central county or counties containing the core, plus adjacent outlying counties having a high degree of social and economic integration with the central county or counties as measured through commuting.” See Office of Management and Budget, “2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas,” 75 Federal Register 3724637252, July 28, 2010. 14 42 U.S.C. §12903(c)(1)(A). 15 42 U.S.C. §12903(c)(1)(B). 16 42 U.S.C. §12903(f). 17 24 C.F.R. §574.3. 18 U.S. Department of Housing and Urban Development, 2011 HOPWA Formula Operating Instructions, April 28, 2011, p. 3, http://www.hudhre.info/documents/2011Operating_Formula.pdf. 19 U.S. Department of Housing and Urban Development, Office of Community Planning and Development, Formula Allocations for FY2012, http://www.hud.gov/offices/cpd/about/budget/budget12/. 20 According to HUD, the states that have retained funding under this provision are Arizona, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, Nevada, New Mexico, Oklahoma, and Utah. See U.S. Department of Housing and Urban Development, Congressional Justifications for FY2011, p. Z-12, http://hud.gov/offices/cfo/reports/2011/cjs/ hofpwAIDS2011.pdf. Congressional Research Service 4 Housing for Persons Living with HIV/AIDS Competitive Grants The remaining 10% of HOPWA funding is available through competitive grants. Funds are distributed through a national competition to two groups of grantees: (1) states and local governments that propose to provide short-term, transitional, or permanent supportive housing in areas that are not eligible for formula allocations, and (2) government agencies or nonprofit states and units of general local government or nonprofit entities that propose “special projects of national significance.”25 A 21 A project of national significance is one that uses an innovative service delivery model. In determining proposals that qualify, HUD must consider the innovativeness of the proposal and its potential replicability in other communities.26 Competitive grants may not be used to provide supportive services alone; instead, services can only be provided in conjunction with housing activities, and funds for services cannot exceed 35% of a project’s budget.27 other communities.22 The competitive grants are awarded through HUD’s annual SuperNOFA (Notice of Funding Availability), which is generally published in the Federal Register in the early spring. Since FY2000 (P.L. 106-377), Congress has required HUD to renew expiring contracts for permanent supportive housing prior to awarding funds to new projects. In FY2009 and FY2010, the amount of funds required for project renewals meant that there were no funds available for new competitive grants.28 In FY2011, HUD awarded approximately $9 million in new competitive 21 24 C.F.R. §574.3. U.S. Department of Housing and Urban Development, 2011 HOPWA Formula Operating Instructions, April 28, 2011, p. 3, http://www.hudhre.info/documents/2011Operating_Formula.pdf. 23 U.S. Department of Housing and Urban Development, Office of Community Planning and Development, Formula Allocations for FY2012, http://www.hud.gov/offices/cpd/about/budget/budget12/. 24 According to HUD, the states that have retained funding under this provision are Arizona, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, Nevada, New Mexico, Oklahoma, and Utah. See U.S. Department of Housing and Urban Development, Congressional Justifications for FY2011, p. Z-12, http://hud.gov/offices/cfo/reports/2011/cjs/ hofpwAIDS2011.pdf. 25 42 U.S.C. §12903(c)(3). 26 Ibid. 27 See, for example, U.S. Department of Housing and Urban Development, “FY2008 Notice of Funding Availability Housing Opportunities for Persons with AIDS,” 73 Federal Register 27266, May 12, 2008. 28 See U.S. Department of Housing and Urban Development, Congressional Justifications for 2012 Estimates, p. Z-13, (continued...) 22 Congressional Research Service 5 Housing for Persons Living with HIV/AIDS grants to seven projects.29 HUD anticipates that it will not fund any new grants again in FY2012.30 Beginning in FY2006, competitive funds remain available for obligation for three years (from FY2002 through FY2005, competitive funds had been available only for two years). The extension makes the rules for HOPWA’s competitive program consistent with those of other competitive programs advertised in HUD’s SuperNOFA.23 In FY2011, HUD awarded approximately $9 million in new competitive grants to seven projects.24 HUD did not award new competitive grants in FY2012.25 Beginning in FY2006, competitive funds have remained available for obligation for three years (from FY2002 through FY2005, competitive funds had been available only for two years). The extension made the rules for HOPWA’s competitive program consistent with those of other competitive programs advertised in HUD’s SuperNOFA. 21 42 U.S.C. §12903(c)(3). Ibid. 23 See U.S. Department of Housing and Urban Development, Congressional Justifications for 2012 Estimates, p. Z-13, http://portal.hud.gov/hudportal/documents/huddoc?id=HOPWA_2012.pdf. 24 U.S. Department of Housing and Urban Development, “HUD Awards $8.8 Million to Improve Housing and Services for Families and Individuals Living with AIDS,” press release, September 21, 2011, http://portal.hud.gov/hudportal/ HUD?src=/press/press_releases_media_advisories/2011/HUDNo.11-225. 25 FY2012 Budget Justifications, p. Z-13. 22 Congressional Research Service 5 Housing for Persons Living with HIV/AIDS Eligibility for HOPWA-Funded Housing In the HOPWA program, individuals are eligible for housing if they are either HIV positive or if they are diagnosed with AIDS.3126 In general, clients must also be low income, meaning that their income does not exceed 80% of the area median income.3227 HUD reports area median incomes for metropolitan areas and non-metropolitan counties on an annual basis.3328 Housing and some supportive services are available for family members of persons living with AIDS. A family member is defined broadly in regulation to include someone who lives with an eligible individual, regardless of “actual or perceived sexual orientation, gender identity, or marital status,” and who is important to the eligible individual or their care or well being.29 When a person When a person living in HOPWA-supported housing dies, his or her family members are given a grace period during during which they may remain in the housing.3430 This period may not exceed one year, however. Individuals who are HIV positive or living with AIDS may also be eligible for other HUDassisted housing for persons with disabilities. However, infection itself may not be sufficient to meet the definition of disability in these other programs. For example, in the case of housing developed prior to the mid-1990s under the Section 202 Supportive Housing for the Elderly program and those(which also funded units for persons with disabilities) and units developed under the Section 811 Supportive Housing for Persons with Disabilities program, an individual who is HIV positive or has AIDS must also meet the statutory definition of disability (in which HIV/AIDS status alone is not sufficient) to be eligible for housing.3531 The project-based Section 8 and Public Housing programs may also set aside units or entire developments for persons with disabilities. The definition of disability for these programs does “not exclude persons who have the disease of acquired immunodeficiency syndrome or any (...continued) http://portal.hud.gov/hudportal/documents/huddoc?id=HOPWA_2012.pdf. 29 U.S. Department of Housing and Urban Development, “HUD Awards $8.8 Million to Improve Housing and Services for Families and Individuals Living with AIDS,” press release, September 21, 2011, http://portal.hud.gov/hudportal/ HUD?src=/press/press_releases_media_advisories/2011/HUDNo.11-225. 30 FY2012 Budget Justifications, p. Z-13. 31 acquired immunodeficiency syndrome or any conditions arising from the etiologic agent” for AIDS.32 However, the definition does not indicate whether the status of being HIV positive or having AIDS is alone sufficient to be considered disabled. Eligible Uses of HOPWA Funds HOPWA grantees may use funds for a wide range of housing, social services, program planning, and development costs. Supportive services must be provided together with housing. Formula grantees may also choose to provide supportive services not in conjunction with housing, 26 The HOPWA statute defines an eligible person as one “with acquired immunodeficiency syndrome or a related disease.” 42 U.S.C. §12902(12). The regulations have further specified that “acquired immunodeficiency syndrome or related diseases means the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome, including infection with the human immunodeficiency virus (HIV).” 24 C.F.R. §574.3. 3227 42 U.S.C. §12908 and §12909. The statutory provisions regarding short-term housing and community residences do not require individuals to be low income, although to be eligible for short-term housing a person must be homeless or at risk of homelessness. See 42 U.S.C. §12907 and §12910. 3328 U.S. Department of Housing and Urban Development, Office of Policy Development and Research, Fiscal Year 2010 HUD Income Limits Briefing Material, May 13, 2010, p. 1FY2013 HUD Income Limits Briefing Material, December 11, 2012, http://www.huduser.org/portal/datasets/il/il10/ IncomeLimitsBriefingMaterial_FY10il13/IncomeLimitsBriefingMaterial_FY13.pdf. Tables showing area median incomes in recent years are available at http://www.huduser.org/datasets/il.html. 3429 24 C.F.R. § 574.3. 30 24 C.F.R. §574.310(e). 3531 For more information about housing for persons with disabilities and the definitions of disability under these programs, see CRS Report RL34728, Section 811 and Other HUD Housing Programs for Persons with Disabilities, by Libby Perl. 32 42 U.S.C. §1437a(b)(3). Congressional Research Service 6 Housing for Persons Living with HIV/AIDS conditions arising from the etiologic agent” for AIDS.36 However, the definition does not indicate whether the status of being HIV positive or having AIDS is alone sufficient to be considered disabled. Eligible Uses of HOPWA Funds HOPWA grantees may use funds for a wide range of housing, social services, program planning, and development costs. Supportive services must be provided together with housing. Formula grantees may also choose to provide supportive services not in conjunction with housing, although the focus of the HOPWA program is housing activities. Allowable activities include the following: • The Development and Operation of Multi-Unit Community Residences, Including the Provision of Supportive Services for Persons Who Live in the Residences.3733 Funds may be used for the construction, rehabilitation, and acquisition of facilities, for payment of operating costs, and for technical assistance in developing the community residence. • Short-Term Rental, Mortgage, and Utility Assistance to Persons Living with AIDS Who Are Homeless or at Risk of Homelessness.3834 Funds may be used to acquire and/or rehabilitate facilities that will be used to provide short-term housing, as well as to make payments on behalf of tenants or homeowners, and to provide supportive services. Funds may not be used to construct short-term housing facilities.3935 Residents may not stay in short-term housing facilities more than 60 days in any 6-month period, and may not receive short-term rental, mortgage, and utility assistance for more than 21 weeks in any 52-week period. These limits are subject to waiver by HUD, however, if a project sponsor is making an attempt to provide permanent supportive housing for residents and has been unable to do so. Funds may also be used to pay operating and administrative expenses. • Project-Based or Tenant-Based Rental Assistance for Permanent Supportive Housing, Including Shared Housing Arrangements.4036 In general, tenants must pay approximately 30% of their income toward rent.4137 Grant recipients must ensure that residents receive supportive services, and funds may also be used for administrative costs in providing rental assistance. • The New Construction or Acquisition and Rehabilitation of Property for SingleRoom Occupancy Dwellings.42 36 42 U.S.C. §1437a(b)(3). 42 U.S.C. §12910. 38 42 U.S.C. §12907. 3938 • Supportive Services, Which Include Health Assessments, Counseling for Those with Addictions to Drugs and Alcohol, Nutritional Assistance, Assistance with Daily Living, Day Care, and Assistance in Applying for Other Government Benefits.39 • Housing Information Such as Counseling and Referral Services.40 Assistance may include fair housing counseling for those experiencing discrimination.41 33 42 U.S.C. §12910. 42 U.S.C. §12907. 35 HOWPA funds may only be used for construction of community residences and single-room occupancy dwellings. See 24 C.F.R. §574.300(b)(4). 4036 42 U.S.C. §12908. 4137 See 24 C.F.R. §574.310(d). 42 42 U.S.C. §12909. 37 Congressional Research Service 7 Housing for Persons Living with HIV/AIDS • Supportive Services, Which Include Health Assessments, Counseling for Those with Addictions to Drugs and Alcohol, Nutritional Assistance, Assistance with Daily Living, Day Care, and Assistance in Applying for Other Government Benefits.43 • Housing Information Such as Counseling and Referral Services.44 Assistance may include fair housing counseling for those experiencing discrimination.4538 42 U.S.C. §12909. 39 24 C.F.R. §574.300(b)(7). 40 42 U.S.C. §12906. 41 24 C.F.R. §574.300(b)(1). 34 Congressional Research Service 7 Housing for Persons Living with HIV/AIDS The majority of HOPWA funds are used to provide housing. According to HUD, for the 2010201120112012 program year, 66nearly 67% of HOPWA funding was used for housing assistance such as rent and and building operating costs.4642 An additional 42% was used to help individuals find housing, 2% for less than 1% for housing development, and 2023% was used for supportive services. Of the amounts used for housing activities, 76% was used to support tenants in permanent housing, of whom more than nearly 95% remained stably housed during the year.4743 Grantee performance reports indicate that clients clients who receive housing assistance through HOPWA are often at the lowest income levels; in its its FY2013 Congressional Budget Justifications, HUD estimated that 75% of households served have extremely low incomes (at or below 30% of area median income) and 16% have very low incomes (at or below 50% of area median income).4844 HOPWA Program Formula and Funding The HOPWA Formula The HOPWA method for allocating formula funds has been an ongoing issue because the cumulative number of AIDS cases—including those who have died—is used to distribute funds rather than the current number of people living with AIDS, and, potentially, HIV. In 1997, GAO released a report regarding the performance of the HOPWA program in which it recommended that HUD look at recent changes to the formula used by the Ryan White CARE Act (now called the Ryan White HIV/AIDS program) to “determine what legislative revisions are needed to make the HOPWA formula more reflective of current AIDS cases.”49 (At the time of the GAO report, Congress had recently changed the CARE Act formula to use estimates of persons living with AIDS instead of cumulative AIDS cases.)50 In response to the GAO report, the House Appropriations Committee included the GAO language in its report accompanying the FY1998 43 24 C.F.R. §574.300(b)(7). 42 U.S.C. §12906. 45 24 C.F.R. §574.300(b)(1). 46 U.S. Department of Housing and Urban Development, HOPWA National Performance Profile 2010-2011 Program Year, http://www.hudhre.info/hopwa_Reports/NP_Combined_PY10_11.pdf. 47due to the data that are used to distribute the majority of funds. Since the inception of HOPWA, 75% of funds have been distributed using the cumulative number of AIDS cases as reported by the CDC, including those who have died. An alternative way of distributing funds would be to use the current number of people living with AIDS and, potentially, HIV. HOPWA was enacted within four months of another federal program targeted to assist those living with HIV and AIDS, the Ryan White CARE Act program (now called the Ryan White HIV/AIDS program). Both programs relied to some degree on the cumulative number of AIDS cases in distributing funding to eligible jurisdictions;45 the data reported by the CDC at the time were cumulative cases.46 Since then, however, the Ryan White program stopped using cumulative AIDS cases and now uses the number of people living with AIDS and HIV. The HOPWA formula has remained the same. The Ryan White program formula change came about shortly after the program’s enactment. In 1995, at the request of two senators from the Labor and Human Resources Committee, the General Accounting Office (GAO, now the Government Accountability Office) examined funding disparities per person living with AIDS that resulted from using cumulative AIDS cases to distribute Ryan White funds.47 It proposed several data changes that would result in more 42 U.S. Department of Housing and Urban Development, HOPWA National Performance Profile 2011-2012 Program Year, http://www.hudhre.info/hopwa_Reports/NP_Combined_PY11-12.pdf. 43 Ibid. The percent stably housed includes those living in permanent dedicated housing units as well as those receiving tenant-based rental assistance. 4844 U.S. Department of Housing and Urban Development, Congressional Justifications for 2013 Estimates, p. U-14, http://portal.hud.gov/hudportal/documents/huddoc?id=Housing_AIDS.pdf. 49 U.S. Government Accountability Office, HUD’s Program for Persons with AIDS, GAO/RCED-97-62, March 1997, p. 27, http://www.gao.gov/archive/1997/rc97062.pdf. 50 Ryan White CARE Act Amendments of 1996, P.L. 104-146. In 2006, when the Ryan White HIV/AIDS program was reauthorized as part of the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (P.L. 109-415), the formula began to incorporate living HIV cases in addition to living AIDS cases. 44 Congressional Research Service 8 Housing for Persons Living with HIV/AIDS HUD Appropriations Act (P.L. 105-65) and directed HUD to make recommendations to Congress 45 Part A of the Ryan White CARE Act distributed funds to metropolitan statistical areas using “the cumulative number of cases of acquired immune deficiency syndrome in the eligible area involved.... ” See P.L. 101-381. While the HOPWA statute did not use the word “cumulative” in describing the formula distribution, the program’s regulations, issued in 1992, described the formula factor as cumulative cases. See U.S. Department of Housing and Urban Development, “Housing Opportunities for Persons with AIDS,” 57 Federal Register 61735-61751, December 28, 1992. 46 When HOPWA and Ryan White were enacted, in 1990, the CDC issued annual HIV/AIDS Surveillance Reports that contained the number of new AIDS cases, and the cumulative number of cases, but not the number of persons living with AIDS. These were the data relied on by both programs. In 1993, the CDC released estimates of persons living with AIDS by state, but the report did not contain estimates broken down by metropolitan statistical area. 47 U.S. General Accounting Office, Ryan White CARE Act of 1990: Opportunities to Enhance Funding Equity, (continued...) Congressional Research Service 8 Housing for Persons Living with HIV/AIDS equitable per-case funding, including a way to weight CDC data to arrive at an estimate of persons living with AIDS.48 The next year, in 1996, Congress reauthorized the Ryan White program and changed the way in which grants to metropolitan areas were distributed to use CDC estimates of persons living with AIDS (P.L. 104-146). The data change included hold-harmless provisions to ensure that the shift in funding would not be too dramatic. Since then, in 2006, the Ryan White program formula has been further modified to incorporate living HIV cases in addition to living AIDS cases.49 Both Congress and recent presidential administrations have acknowledged that the HOPWA formula could be modified, but the formula has not been changed. Shortly after the first change to the Ryan White program formula, in 1997, GAO released a report regarding the performance of the HOPWA program in which it recommended that HUD look at recent changes to the formula used by the Ryan White program to “determine what legislative revisions are needed to make the HOPWA formula more reflective of current AIDS cases.”50 In response to the GAO report, the House Appropriations Committee included the GAO language in its report accompanying the FY1998 HUD Appropriations Act (P.L. 105-65) and directed HUD to make recommendations to Congress about its findings regarding an update to the formula.51 In response to the FY1998 Appropriations Act, HUD issued a report to Congress in 1999 that proposed changes that could be made to the HOPWA formula.52 The proposed formula in HUD’s 1999 report would have used an estimate of persons living with AIDS (instead of all cumulative AIDS cases), together with housing costs, to distribute formula funds. It also would have included a protection for existing grantees. ThoseThe recommendations were not adopted by Congress. A 2006 Government Accountability Office (GAO) report again looked at the way in which the HOPWA HOPWA formula allocates funds.53 The report found that use of the cumulative number of AIDS cases resulted in disproportionate funding per living AIDS case depending on the jurisdiction. The GAO report looked at FY2004 HOPWA allocations and found that the amount of money grantees received per living AIDS case ranged from $387 per person to $1,290.53 According to the report, if only living AIDS cases had been counted in that year, 92 of 117 grantees would have received more formula funding, while 25 would have received less.54 While no legislation to change the HOPWA formula has been introduced since the 109th Congress,55 nearly every Administration budget since FY2007 has discussed the need to change the formula. In each of President Bush’s budgets from FY2007 through FY2009, the Administration proposed to change the way in which HOPWA funds are distributed. The FY2009 budget stated that “[w]hereas the current formula distributes formula grant resources by the cumulative number of AIDS cases, the revised formula will account for the present number of people living with AIDS, as well as differences in housing costs in the qualifying areas.” The President’s FY2007 and FY2008 budgets contained nearly identical language. HUD’s budget justifications for FY2009 elaborated somewhat on the Administration’s proposal to change the HOPWA distribution formula. HUD’s explanation indicated that a new formula would use the number of persons living with AIDS, and that eventually, when consistent data on the number of persons living with HIV become available, that measure might also be used in determining the distribution of HOPWA funding.56 As part of President Obama’s FY2010 budget, the HUD budget justifications stated that HUD would review the formula and “make related recommendations at a future time.”57 The Administration’s National HIV/AIDS Strategy, released in July 2010, stated that HUD would work with Congress to “develop a plan (including seeking statutory changes if necessary) to shift 51 See U.S. Congress, House Committee on Appropriations, Subcommittee on VA, HUD, and Independent Agencies, Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Bill, report to accompany H.R. 2158, 105th Cong., 1st sess., July 11, 1997, H.Rept. 105-175, pp. 33-34. 52 U.S. Department of Housing and Urban Development, 1999 Report on the Performance of the Housing Opportunities for Persons with AIDS Program, October 6, 1999. 53 U.S. Government Accountability Office, Changes Needed to Improve the Distribution of Ryan White CARE Act and Housing Funds, GAO-06-332, February 2006, p. 23, http://www.gao.gov/new.items/d06332.pdf. 54 Ibid., p. 24. 55 Two bills in the 109th Congress (S. 2339 and H.R. 5009) would have changed the way that HOPWA formula funds are allocated by counting the number of “reported living cases of HIV disease” instead of cumulative AIDS cases. Neither bill was enacted. 56 U.S. Department of Housing and Urban Development, Congressional Justifications for FY2009, p. Q-2, http://www.hud.gov/offices/cfo/reports/2009/cjs/cpd1.pdf. 57 FY2010 Congressional Budget Justifications, p. X-13. Congressional Research Service 9 Housing for Persons Living with HIV/AIDS to HIV/AIDS case reporting as a basis for formula grants for HOPWA funding.”58 The FY2012 and FY2013 HUD Congressional Budget Justification for HOPWA echoed this goal. Since the release of the National HIV/AIDS Strategy, HUD has solicited comments from interested policy advocates, grantees, and HOPWA clients about whether and how the formula might be changed. HOPWA Funding As a result of advances in medical science and in the care and treatment of persons living with HIV and AIDS, individuals are living longer with the disease.59 cases resulted in disproportionate funding per living AIDS case depending on the jurisdiction.54 Two bills were introduced in the 109th Congress (S. 2339 and H.R. 5009) that would have changed the way that HOPWA formula funds are allocated by counting the number of “reported living cases of HIV disease” instead of cumulative AIDS cases. Neither bill was enacted. While no legislation to change the HOPWA formula has been introduced since the 109th Congress, nearly every Administration budget since FY2007 has discussed the need to change the (...continued) GAO/HEHS-96-26, November 1995, http://www.gao.gov/assets/230/221925.pdf. 48 Ibid., pp. 21-27. 49 Ryan White HIV/AIDS Treatment Modernization Act of 2006 (P.L. 109-415). 50 U.S. General Accounting Office, HUD’s Program for Persons with AIDS, GAO/RCED-97-62, March 1997, p. 27, http://www.gao.gov/archive/1997/rc97062.pdf. 51 See U.S. Congress, House Committee on Appropriations, Subcommittee on VA, HUD, and Independent Agencies, Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Bill, report to accompany H.R. 2158, 105th Cong., 1st sess., July 11, 1997, H.Rept. 105-175, pp. 33-34. 52 U.S. Department of Housing and Urban Development, 1999 Report on the Performance of the Housing Opportunities for Persons with AIDS Program, October 6, 1999. 53 U.S. Government Accountability Office, Changes Needed to Improve the Distribution of Ryan White CARE Act and Housing Funds, GAO-06-332, February 2006, p. 23, http://www.gao.gov/new.items/d06332.pdf. 54 The GAO report looked at FY2004 HOPWA allocations and found that the amount of money grantees received per living AIDS case ranged from $387 per person to $1,290. According to the report, if only living AIDS cases had been counted in that year, 92 of 117 grantees would have received more formula funding, while 25 would have received less. Ibid., p. 24. Congressional Research Service 9 Housing for Persons Living with HIV/AIDS formula. In each of President Bush’s budgets from FY2007 through FY2009, the Administration proposed to change the way in which HOPWA funds are distributed. The FY2009 budget stated that “[w]hereas the current formula distributes formula grant resources by the cumulative number of AIDS cases, the revised formula will account for the present number of people living with AIDS, as well as differences in housing costs in the qualifying areas.” The President’s FY2007 and FY2008 budgets contained nearly identical language. HUD’s budget justifications for FY2009 elaborated somewhat on the Administration’s proposal to change the HOPWA distribution formula. HUD’s explanation indicated that a new formula would use the number of persons living with AIDS, and that eventually, when consistent data on the number of persons living with HIV become available, that measure might also be used in determining the distribution of HOPWA funding.55 As part of President Obama’s FY2010 budget, the HUD budget justifications stated that HUD would review the formula and “make related recommendations at a future time.”56 The Administration’s National HIV/AIDS Strategy, released in July 2010, stated that HUD would work with Congress to “develop a plan (including seeking statutory changes if necessary) to shift to HIV/AIDS case reporting as a basis for formula grants for HOPWA funding.”57 The FY2012 and FY2013 HUD Congressional Budget Justification for HOPWA echoed this goal. Since the release of the National HIV/AIDS Strategy in 2010, HUD has solicited comments from interested policy advocates, grantees, and HOPWA clients about whether and how the formula might be changed. HOPWA Funding As a result of advances in medical science and in the care and treatment of persons living with HIV and AIDS, individuals are living longer with the disease.58 As the number of those with AIDS grows, so do the jurisdictions that qualify for formula-based HOPWA funds. Since 1999, there has been a steady increase in the number of jurisdictions that meet the eligibility test to receive formula-based HOPWA funds. Funding for the HOPWA program has increased in almost every year since the program was created, with the exception of FY2005 through FY2007, when funding dropped from the FY2004 level of $295 million. (See Table 1.) In FY2010 and FY2011, the appropriation was the highest ever for the program—$335 million in each year, though the FY2011 appropriations law (P.L. 112-10) imposed an across-the-board rescission of 0.2% on all discretionary accounts, reducing the total for HOPWA to about $334.3 million. The FY2012 HOPWA appropriation was $332 million (P.L. 112-55). (For information about proposed funding in FY2013, see CRS Report R42517, Department of Housing and Urban Development (HUD): FY2013 Appropriations, coordinated by Maggie McCarty. The number of households receiving HOPWA housing assistance (including short-term housing assistance, housing provided through community residences, or rental assistance in permanent housing) has generally declined from FY2003 through FY2011. (See Table 1.) Between FY2003 and FY2009, the number of households served dropped from 78,467 to 58,367.60 With increased funding, however, the total households served went up in FY2010 to 60,669 and then fell slightly in FY2011 to 60,234. These general reductions in households served could be due to a number of factors, including the growth in jurisdictions eligible for HOPWA grants (which have increased from 111 in FY2003 to 135 in FY2012), the amount of available funds, and housing costs. 58) 55 U.S. Department of Housing and Urban Development, Congressional Justifications for FY2009, p. Q-2, http://www.hud.gov/offices/cfo/reports/2009/cjs/cpd1.pdf. 56 FY2010 Congressional Budget Justifications, p. X-13. 57 National HIV/AIDS Strategy Federal Implementation Plan, July 2010, p. 28, http://aids.gov/federal-resources/ policies/national-hiv-aids-strategy/nhas-implementation.pdf. 5958 For example, researchers who analyzed data from 25 states found that from 1996 to 2005, average life expectancy after HIV diagnosis increased from 10.5 to 22.5 years. See Kathleen McDavid Harrison, Ruiguang Song, and Xinjian Zhang, “Life Expectancy after HIV Diagnosis Based on National HIV Surveillance Data from 25 States, United States,” Journal of Acquired Immune Deficiency Syndromes, vol. 53, no. 1 (January 2010), pp. 124-130. 60 HUD provides estimates of the numbers of households served in its annual Performance and Accountability Reports. The most recent is the FY2009 Performance and Accountability Report, November 16, 2009, p. 349, http://www.hud.gov/offices/cfo/reports/hudfy2009par.pdf. Congressional Research Service 10 Housing for Persons Living with HIV/AIDS Congressional Research Service 10 Housing for Persons Living with HIV/AIDS The number of households receiving HOPWA housing assistance (including short-term housing assistance, housing provided through community residences, or rental assistance in permanent housing) has generally declined from FY2003 through FY2011. (See Table 1.) Between FY2003 and FY2009, the number of households served dropped from 78,467 to 58,367.59 With increased funding, however, the total households served went up in FY2010 to 60,669 and then fell slightly in FY2011 to 60,234. These general reductions in households served could be due to a number of factors, including the growth in jurisdictions eligible for HOPWA grants (which have increased from 111 in FY2003 to 135 in FY2012), the amount of available funds, and housing costs. Table 1. HOPWA Funding and Eligible Jurisdictions, FY2001-FY2012 and FY2013 Proposal Fiscal Year Number of Qualifying Jurisdictions Households Receiving Housing Assistancea President’s Request (dollars in thousands) Appropriations (dollars in thousands)b 2001 105 72,117 260,000 257,432 2002 108 74,964 277,432 277,432 2003 111 78,467 292,000 290,102 2004 117 70,779 297,000 294,751 2005 121 67,012 294,800 281,728 2006 122 67,000 268,000 286,110 2007 123 67,850 300,100 286,110 2008 127 62,210 300,100 300,100 2009 131 58,367 300,100 310,000 2010 133 60,669 310,000 335,000 2011 134 60,234 340,000 334,330c 2012 135 — 335,000 332,000 2013 — — 330,000 — Source: Table prepared by the Congressional Research Service based on data from the Department of Housing and Urban Development budget justifications and P.L. 112-55 (number of qualifying jurisdictions and appropriation levels), FY2001 through FY2012 President’s Budget Appendices (President’s request), the FY2004, FY2006, FY2007, FY2008, and FY2009 HUD Performance and Accountability Reports (number of households assisted through FY2009), and the FY2012-FY2013 budget justifications (households assisted for FY2010 and FY2011). For a breakdown of formula funding by jurisdiction, see the Appendix. a. Housing assistance includes short-term assistance with rent, mortgage, or utilities; residence in short-term housing facilities; housing provided through community residences and single-room occupancy dwellings; and rental assistance for permanent supportive housing. b. Includes rescissions. c. The FY2011 Department of Defense and Full-Year Appropriation Act (P.L. 112-10) contained an across-theboard rescission of 0.2% for all discretionary accounts. The rescission reduced the HOPWA appropriation from $335 million to approximately $334.3 million. 59 HUD provides estimates of the numbers of households served in its annual Performance and Accountability Reports. The most recent is the FY2009 Performance and Accountability Report, November 16, 2009, p. 349, http://www.hud.gov/offices/cfo/reports/hudfy2009par.pdf. Congressional Research Service 11 Housing for Persons Living with HIV/AIDS Housing Funded Through the Ryan White HIV/AIDS Program In addition to funds for housing provided through HUD, funds appropriated to the Department of Health and Human Services (HHS) Ryan White HIV/AIDS program may be used to provide short-term housing assistance to persons living with HIV/AIDS. The Ryan White Comprehensive AIDS Resources Emergency Act (P.L. 101-381) established the Ryan White program in 1990. The program provides funds to states and metropolitan areas to help pay for health care and supportive services for persons living with HIV/AIDS (referred to as “support services” in the Congressional Research Service 11 Housing for Persons Living with HIV/AIDS statute).6160 The statute governing the use of Ryan White funds does not specifically list housing as an eligible activity for which grantees may use funds. However, the statute provides that grantees may use Ryan White funds to provide support services for persons living with HIV and AIDS. These services are defined as those “that are needed for individuals with HIV/AIDS to achieve their medical outcomes.”6261 In 1999, the HIV/AIDS Bureau of the Health Resources and Services Administration (HRSA) within HHS released policy guidance regarding the type of housing that Ryan White grantees could provide for their clients (Policy Notice 99-02).6362 According to the guidance, grantees may use funds for housing referral services and for emergency or short-term housing. Ryan White funds must be the payer of last resort, meaning that other sources of funds for housing must be exhausted before using Ryan White funds. In 2008, the most recent year for which HHS has data available regarding housing services, nearly 33,000 persons living with an HIV positive diagnosis received some sort of housing service through the Ryan White HIV/AIDS program.6463 Initially, the policy regarding use of Ryan White funds for housing did not require that specific time limits be placed on short-term housing. In its report regarding the guidance, HRSA stated: “Although we are restricting the policy to transitional/temporary housing, we don’t define ‘transitional/temporary.’ Because we don’t know yet what the recent changes in medical treatment of HIV/AIDS mean to the evolution of the epidemic, it is foolish to adopt any definition of ‘shortterm.’” 6564 However, when the Ryan White program was reauthorized in 2006, the new law limited the amount of grants to states and urban areas that could be used for supportive services to no more than 25% by requiring that at least 75% of funds be used for “core medical services.”66 Previously the law did not limit the amount of funds that could be used for support services. In December 2006, in response to the “more restrictive funding limits established for support services in the 2006 reauthorization,” HHS issued a proposed policy notice to limit the amount of time that any client could spend in Ryan White-funded transitional housing to 24 months in a lifetime, effective retroactively.67 This would have meant that those individuals who had already exhausted the 24-month time period would not be able to receive housing benefits. After receiving over 200 comments regarding the policy proposal, HHS eventually removed the provision requiring retroactive application of the 24-month lifetime limit and released a final 61 60 For more information about the Ryan White program, see CRS Report RL33279, The Ryan White HIV/AIDS Program, by Judith A. Johnson. 6261 42 U.S.C. §300ff-14(d)(1) and §300ff-22(c)(1). At the time that HHS established its housing policy, the statute stated that funds could be used “for the purpose of delivering or enhancing HIV-related outpatient and ambulatory health and support services, including case management and comprehensive treatment services ... ” The statute was amended to read as stated in the text of this report as part of the Ryan White HIV/AIDS Treatment Modernization Act of 2006, P.L. 109-415. 6362 Policy Notice 99-02 is reproduced in U.S. Department of Health and Human Services, Health Resources and Services Administration, Housing is Health Care: A Guide to Implementing the HIV/AIDS Bureau (HAB) Ryan White CARE Act Housing Policy, 2001, p. 3, ftp://ftp.hrsa.gov/hab/housingmanualjune.pdf (hereinafter, Housing is Health Care). 6463 U.S. Department of Health and Human Services, Health Resources and Services Administration, HIV/AIDS Bureau, Going the Distance: 20 Years of Leadership, A Legacy of Care: 2010 Ryan White HIV/AIDS Progress Report, August 2010, p. 48, http://hab.hrsa.gov/data/files/2010progressrpt.pdf. 65 Housing is Health Care, p. 7. See footnote 63. 66 The program was reauthorized in the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (P.L. 109-415). See Section 105. 67 U.S. Department of Health and Human Services, “HIV/AIDS Bureau Policy Notice 99-02,” 71 Federal Register 70781, December 6, 2006. Congressional Research Service 12 Housing for Persons Living with HIV/AIDS policy notice on February 27, 2008 (Amendment #1 to Policy Notice 99-02).6864 Housing is Health Care, p. 7. See footnote 62. Congressional Research Service 12 Housing for Persons Living with HIV/AIDS more than 25% by requiring that at least 75% of funds be used for “core medical services.”65 Previously the law did not limit the amount of funds that could be used for support services. In December 2006, in response to the “more restrictive funding limits established for support services in the 2006 reauthorization,” HHS issued a proposed policy notice to limit the amount of time that any client could spend in Ryan White-funded transitional housing to 24 months in a lifetime, effective retroactively.66 This would have meant that those individuals who had already exhausted the 24-month time period would not be able to receive housing benefits. After receiving over 200 comments regarding the policy proposal, HHS eventually removed the provision requiring retroactive application of the 24-month lifetime limit and released a final policy notice on February 27, 2008 (Amendment #1 to Policy Notice 99-02).67 The policy took effect on March 27, 2008. However, as the 24-month deadline approached, in February 2010 HRSA released another notice announcing that it was rescinding Amendment #1 to Policy Notice 99-02, and that grantees would not be required to enforce the previous 24-month limit on housing services.6968 HRSA also noted that it would be “undertaking a comprehensive review of the Housing Policy.”7069 On May 12, 2011, HRSA released a final notice (Notice 11-01) laying out how Ryan White funds may be used for housing.7170 Ryan White Parts A, B, and D funding (grants to urbanmetropolitan areas, states, and public or nonprofit entities) can be used to fund housing search assistance and “short-term or shortterm or emergency housing.” Although Notice 11-01 did not specifically limit the amount of time that that housing can be funded, it defined “short-term or emergency housing” as: transitional in nature and for the purposes of moving or maintaining an individual or family in a long-term, stable living situation. Thus, such assistance cannot be permanent and must be accompanied by a strategy to identify, relocate, and/or ensure the individual or family is moved to, or capable of maintaining, a long-term, stable living situation.7271 In addition, the notice strongly encouraged grantees or local planning bodies to define short-term housing themselves, recommending that they consider adopting the HUD definition of transitional housing: 24 months.7372 Under Notice 11-01, housing must either provide medical or supportive services, or, if it does not provide these services, the housing must be necessary for clients to gain access to or compliance with medical care. Ryan White funds may not be used to make direct payments to clients or for mortgage payments, and Ryan White must be the payer of last resort. 68 65 The program was reauthorized in the Ryan White HIV/AIDS Treatment Modernization Act of 2006 (P.L. 109-415). See Section 105. 66 U.S. Department of Health and Human Services, “HIV/AIDS Bureau Policy Notice 99-02,” 71 Federal Register 70781, December 6, 2006. 67 U.S. Department of Health and Human Services, “HIV/AIDS Bureau Policy Notice 99-02 Amendment #1,” 73 Federal Register 10260-10261, February 26, 2008. 6968 U.S. Department of Health and Human Services, Health Resources and Services Administration, “HIV/AIDS Bureau: Policy Notice 99-02 Amendment #1,” 75 Federal Register 6672-6673, February 10, 2010. 7069 Ibid. 7170 U.S. Department of Health and Human Services, Health Resources and Services Administration, “HIV/AIDS Bureau Policy Notice 11–01 (Replaces Policy Notice 99–02),” 76 Federal Register 27649-27651, May 12, 2011. 7271 Ibid., p. 27650. 7372 Transitional housing is defined in the law governing the HUD Homeless Assistance Grants as “housing the purpose of which is to facilitate the movement of individuals and families experiencing homelessness to permanent housing within 24 months or such longer period as the Secretary determines necessary.” 42 U.S.C. §11360(29). Congressional Research Service 13 Housing for Persons Living with HIV/AIDS with medical care. Ryan White funds may not be used to make direct payments to clients or for mortgage payments, and Ryan White must be the payer of last resort. Congressional Research Service 14 Housing for Persons Living with HIV/AIDS The Relationship Between Stable Housing and Health Outcomes As mentioned earlier in this report, HIV/AIDS status is associated with homelessness: those persons who are homeless are more likely to be HIV positive than those who are housed (see “Housing Status of Persons Living with HIV/AIDS”). In . In addition, recentduring the last decade, research has found that the health outcomes of homeless individuals living with HIV/AIDS may be improved with stable housing. In response to evidence from recentsome studies, the Administration’s National HIV/AIDS Strategy, published in 2010, acknowledged that “access to housing is an important precursor to getting many people into a stable treatment regimen. Individuals living with HIV who lack stable housing are more likely to delay HIV care, have poorer access to regular care, are less likely to receive optimal antiretroviral therapy, and are less likely to adhere to therapy.”7473 The National HIV/AIDS Strategy included pursuing the goal of housing as one of the ways to increase access to care and improve health outcomes for individuals living with HIV and AIDS.7574 This section of the report gives a short overview of several studies that have examined how access to stable housing influences health outcomes for those living with HIV and AIDS. Community Health Advisory & Information Network (CHAIN) Project Data The CHAIN Project is a longitudinal study, begun in 1994, of a sample of individuals who are living with HIV/AIDS in New York City and the northern suburbs. In 2007, researchers released a study that used the CHAIN data to examine the effects of stable housing on health care for individuals living with HIV and AIDS.7675 The study looked at those who were unstably housed—meaning that they were either living in some form of transitional housing; in a jail, drug treatment facility, or halfway house; in a hospice; or temporarily living in someone else’s home—or who were homeless, meaning that they were living in a shelter or place not meant for human habitation. Researchers measured the likelihood of six scenarios involving the receipt or continuity of both medical care in general and appropriate HIV medical care. In general, individuals who were unstably housed were less likely to enter into and retain both medical care and appropriate HIV care.7776 However, the likelihood of obtaining and retaining medical care increased if individuals received some form of housing assistance.7877 In addition, receipt of mental health services and social services case management had a statistically significant relationship to individuals entering into and retaining medical care. 7473 National HIV/AIDS Strategy for the United States, July 13, 2010, p. 28, http://www.whitehouse.gov/sites/default/ files/uploads/NHAS.pdf. 7574 Ibid., pp. 27-28. 7675 Angela A. Aidala, Gunjeong Lee, and David M. Abramson, et al., “Housing Need, Housing Assistance, and Connection to HIV Medical Care,” Aids and Behavior, vol. 11, no. 6 (November 2007, supplement), pp. S101-S115. 7776 The statistical significance of the likelihood varied among the models used. See Table 3, pp. S110-S111 for significance. 7877 Findings were statistically significant in all but one of six models—continuity of appropriate HIV medical care. Congressional Research Service 1415 Housing for Persons Living with HIV/AIDS Housing and Health Study In the Housing and Health Study, HUD, together with the CDC, provided HIV positive individuals who were homeless or at severe risk of homelessness with HOPWA-funded rental housing. (The study considered individuals to be at severe risk of homelessness if they frequently moved from one temporary housing situation to another.) Those individualsIndividuals in the comparison group group received services, including assistance with finding housing, but did not receive HOPWAfunded HOPWA-funded housing.7978 Despite the differences in rental assistance provided between the treatment and comparison groups, both groups had a statistically significant increase in stable housing.8079 After 18 months, 82% of HOPWA-assisted renters and 52% of individuals in the comparison group were living in their own housing. Perhaps due to the fact that the comparison group also had some success in achieving and maintaining housing, both groups saw statistically significant improvements in health outcomes. After 18 months, both groups had fewer emergency room visits, fewer hospitalizations, reduced opportunistic infections (those infections that occur due to weakened weakened immune systems), and reduced use of medical care generally. Self-reported depression and and perceived stress saw improvement as well. Chicago Housing for Health Partnership Study The Chicago Housing for Health Partnership study identified homeless individuals with chronic illnesses, including HIV, for participation. Among those who participated in the study, 36% were HIV positive. The treatment group received housing funded through either HOPWA or HUD’s Supportive Housing Program for homeless individuals, while the comparison, or usual care group, received available supportive services but no separate assistance with rent. The study found that, after 12 months, the group receiving housing assistance had higher rates of intact immunity compared to the comparison group and were more likely to have undetectable viral loads.8180 There was no statistically significant difference between CD4 counts for the treatment and usual care group. (Very generally, CD4 counts are a measure of immune system strength.) At the conclusion of the study, the treatment group was found to have spent fewer days in emergency rooms and hospitals during the 18 month period in which the researchers followed participants. Specifically, compared to those in the usual care group, those in the treatment group showed 29% reduction in hospitalizations, a 29% reduction in the number of days spent in the hospital, and a 24% reduction in visits to the emergency room.82 7981 78 The methodology of the study is described in Daniel P. Kidder, Richard J. Wolitski, and Scott Royal, et al., “Access to Housing as a Structural Intervention for Homeless and Unstably Housing People Living with HIV: Rationale, Methods, and Implementation of the Housing and Health Study,” AIDS and Behavior, vol. 11, no. 6 (November 2007, supplement), pp. 149-161. 8079 Richard J. Wolitski, Daniel P. Kidder, and Sherri L. Pals, et al., “Randomized Trial of the Effects of Housing Assistance on the Health and Risk Behaviors of Homeless and Unstably Housing People Living with HIV,” AIDS & Behavior, vol. 14, no. 3 (2010), pp. 493-503. 8180 David Buchanan, Romina Kee, and Laura S. Sadowski, et al., “The Health Impact of Supportive Housing for HIVPositive Homeless Patients: A Randomized Controlled Trial,” American Journal of Public Health, vol. 99, no. S3 (November 2009), pp. S675-S680. 8281 Laura S. Sadowski, Romina A. Kee, and Tyler J. VanderWeele, et al., “Effects of a Housing and Case Management Program on Emergency Department Visits and Hospitalizations Among Chronically Ill Homeless Adults,” Journal of the American Medical Association, vol. 301, no. 17 (May 6, 2009), pp. 1775-1776. Congressional Research Service 1516 Housing for Persons Living with HIV/AIDS Appendix. Recent HOPWA Formula Allocations Table A-1. HOPWA Formula Allocations, FY2004-FY2012 MSA, State, or Territory Alabama State Program FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 1,139,000 1,117,000 1,145,000 1,163,000 1,241,000 1,299,792 1,403,821 1,402,039 1,419,006 Birmingham 520,000 497,000 511,000 516,000 538,000 554,848 593,523 586,116 582,166 Arkansas State Program 752,000 723,000 707,000 720,000 766,000 797,682 531,915 544,150 543,382 — — — — — — 317,437 319,590 320,567 164,000 164,000 173,000 180,000 191,000 198,919 219,282 223,148 230,334 Phoenix 1,434,000 1,391,000 1,433,000 1,456,000 1,541,000 1,608,397 1,769,291 1,779,736 1,808,832 Tucson 402,000 390,000 389,000 390,000 411,000 420,497 453,391 453,761 459,084 3,042,000 2,869,000 2,929,000 2,926,000 2,746,000 2,557,875 2,746,244 2,694,723 2,696,922 Bakersfielda — — — — 323,000 472,334 635,917 375,881 384,879 Fresnoa — — — — — 315,824 346,048 352,275 358,363 10,476,000 11,848,000 10,310,000 10,393,000 10,437,000 10,764,091 12,384,800 12,627,562 15,305,260 Oakland 2,006,000 1,879,000 1,905,000 1,896,000 1,952,000 2,038,921 2,208,481 2,514,177 2,673,899 Riverside 1,772,000 1,683,000 1,684,000 1,689,000 1,751,000 1,850,429 1,990,870 1,970,602 1,981,582 844,000 795,000 786,000 784,000 818,000 844,003 906,991 884,723 900,755 San Diego 2,683,000 2,527,000 2,549,000 2,551,000 2,646,000 2,731,528 2,935,661 2,884,983 2,883,128 San Francisco 8,562,000 8,466,000 8,070,000 8,189,000 8,193,000 9,233,417 9,977,748 9,782,816 9,731,577 792,000 736,000 738,000 739,000 767,000 796,679 871,489 861,520 878,197 1,436,000 1,342,000 1,359,000 1,345,000 1,402,000 1,458,807 1,568,178 1,540,447 1,548,618 366,000 354,000 364,000 363,000 379,000 392,424 425,407 424,707 426,632 Little Rock Arizona State Program California State Program Los Angeles Sacramento San Jose Santa Anna Colorado State Program CRS-1617 Housing for Persons Living with HIV/AIDS MSA, State, or Territory Denver FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 1,424,000 1,342,000 1,359,000 1,361,000 1,414,000 1,452,390 1,572,773 1,565,263 1,573,947 Connecticut State Program 251,000 242,000 253,000 252,000 263,000 268,902 286,319 283,878 282,574 Bridgeport 779,000 717,000 737,000 739,000 771,000 854,931 846,219 832,063 829,320 Hartford 1,023,000 1,285,000 1,108,000 1,098,000 1,140,000 1,084,029 1,153,422 1,131,275 1,126,735 New Haven 1,232,000 1,624,000 1,178,000 1,075,000 946,000 963,113 1,021,853 1,001,946 989,999 11,802,000 10,535,000 11,370,000 11,118,000 11,541,000 12,213,518 14,118,841 13,795,546 13,623,582 Delaware State Program 164,000 162,000 166,000 167,000 179,000 186,286 202,783 205,796 204,213 Wilmingtonb 798,000 703,000 679,000 552,000 604,000 651,902 771,469 686,951 639,156 4,063,000 3,581,000 3,312,000 3,316,000 3,191,000 3,012,662 3,655,741 3,680,729 3,714,625 Cape Coralc — — 336,000 332,000 350,000 368,963 402,434 451,881 411,395 Deltonad — — — — — 312,215 — — — Fort Lauderdale 6,240,000 6,106,000 6,637,000 6,878,000 7,351,000 7,545,922 8,646,967 9,305,740 9,482,644 Jacksonville 1,564,000 1,624,000 1,587,000 1,630,000 1,988,000 2,265,720 2,510,630 2,815,995 2,584,823 — 378,000 445,000 418,000 509,000 491,383 545,040 635,095 678,078 10,715,000 10,351,000 11,189,000 11,689,000 12,370,000 12,599,526 12,935,584 12,498,939 12,163,466 3,189,000 2,871,000 2,906,000 2,895,000 3,234,000 3,533,132 3,347,552 3,640,338 3,401,180 — — — — 311,000 317,829 341,871 340,775 340,949 397,000 548,000 390,000 391,000 409,000 421,099 460,283 459,410 457,699 Tampa 2,389,000 3,049,000 2,542,000 2,772,000 3,193,000 3,449,810 3,721,763 3,548,685 3,190,576 West Palm Beach 3,836,000 3,426,000 3,595,000 3,235,000 3,271,000 3,200,060 3,466,709 3,478,287 3,404,924 Georgia State Program 1,515,000 1,527,000 1,576,000 1,621,000 1,744,000 1,860,455 2,025,746 2,019,428 2,038,769 Atlanta 4,899,000 6,592,000 5,290,000 6,801,000 7,034,000 8,788,464 9,224,086 10,142,432 8,539,053 Augusta 373,000 418,000 376,000 394,000 385,000 398,640 429,792 425,918 425,840 Hawaii State Program 181,000 169,000 162,000 160,000 164,000 168,039 181,691 178,357 176,906 Washington, DC Florida State Program Lakelandc Miami Orlando Palm Bayc Sarasota/Bradentonc CRS-1718 Housing for Persons Living with HIV/AIDS MSA, State, or Territory FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 Honolulu 452,000 428,000 429,000 419,000 433,000 444,761 473,440 472,726 477,883 Iowa State Program 347,000 329,000 330,000 336,000 354,000 367,359 400,137 405,944 409,416 Illinois State Program 864,000 827,000 875,000 875,000 916,000 945,467 1,014,962 1,015,666 1,028,784 8,338,000 5,379,000 5,561,000 5,572,000 5,819,000 5,993,040 6,426,836 6,371,215 6,417,879 Indiana State Program 836,000 806,000 818,000 822,000 863,000 892,730 971,314 980,761 980,105 Indianapolis 759,000 738,000 751,000 752,000 782,000 806,705 878,589 884,925 895,610 Kansas State Program 363,000 349,000 331,000 332,000 346,000 357,333 384,683 384,759 386,858 Kentucky State Program 423,000 407,000 410,000 408,000 431,000 452,782 493,906 501,578 510,929 Louisville 462,000 443,000 447,000 453,000 476,000 502,511 554,887 553,834 557,629 Louisiana State Program 940,000 932,000 951,000 975,000 1,034,000 1,090,045 1,203,335 1,234,375 1,266,439 Baton Rouge 1,813,000 1,659,000 1,572,000 1,409,000 1,433,000 1,797,197 2,225,972 2,303,702 2,552,872 New Orleans 2,992,000 3,398,000 2,997,000 2,914,000 2,769,000 3,089,672 3,385,486 3,416,072 3,584,653 525,000 178,000 168,000 166,000 173,000 180,471 194,639 197,121 1,878,288 Boston 1,829,000 1,721,000 1,719,000 1,690,000 1,747,000 1,779,243 1,889,165 1,884,046 197,288 Lowell 659,000 623,000 627,000 622,000 644,000 658,318 702,955 704,550 709,998 — 316,000 317,000 312,000 326,000 331,866 355,028 355,907 359,748 Springfield 461,000 433,000 424,000 418,000 426,000 445,162 481,793 471,919 474,123 Worcester 369,000 348,000 354,000 349,000 368,000 377,385 408,282 401,707 405,261 Maryland State Program 345,000 335,000 348,000 345,000 357,000 362,346 401,808 399,689 409,020 Baltimore 7,936,000 7,754,000 7,649,000 8,038,000 8,195,000 8,657,224 10,043,043 8,887,872 9,038,879 Fredericke 535,000 518,000 524,000 539,000 575,000 603,776 977,937 823,714 707,425 Michigan State Program 911,000 862,000 877,000 893,000 941,000 980,158 1,056,103 1,051,579 1,064,798 1,979,000 1,554,000 1,597,000 1,640,000 1,979,000 2,066,997 1,944,506 2,016,944 2,200,845 Chicago Massachusetts State Program Lynn Detroit CRS-1819 Housing for Persons Living with HIV/AIDS MSA, State, or Territory FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 Warren 405,000 392,000 397,000 409,000 437,000 456,391 498,501 495,727 504,993 Minnesota State Program 110,000 105,000 112,000 114,000 119,000 124,525 137,625 139,821 142,672 Minneapolis 839,000 797,000 829,000 833,000 873,000 903,558 977,370 1,006,587 1,019,484 Missouri State Program 496,000 475,000 455,000 450,000 473,000 492,485 526,694 531,035 532,894 Kansas City 978,000 924,000 918,000 918,000 955,000 1,016,453 1,108,522 1,110,292 1,115,258 1,217,000 1,158,000 1,150,000 1,140,000 1,227,000 1,264,901 1,362,053 1,375,810 1,394,864 Mississippi State Program 756,000 749,000 778,000 783,000 833,000 858,039 948,759 951,304 977,731 Jackson 724,000 998,000 868,000 899,000 885,000 881,503 970,233 982,379 1,147,882 2,082,000 2,010,000 2,097,000 2,154,000 2,272,000 2,387,029 2,685,680 2,397,730 2,445,019 571,000 565,000 597,000 626,000 671,000 714,063 793,382 813,905 830,903 — — — — — — — 309,502 316,214 352,000 337,000 366,000 382,000 434,000 459,800 721,566 678,603 670,467 — — — — 306,000 317,829 344,586 348,643 358,165 1,106,000 1,050,000 1,064,000 1,056,000 1,079,000 1,109,696 1,180,213 1,178,084 1,184,121 657,000 628,000 620,000 610,000 642,000 655,912 713,814 711,612 719,694 — 2,240,000 2,545,000 2,443,000 2,534,087 2,358,602 2,926,790 2,920,338 3,002,370 Newark 5,182,000 5,014,000 5,246,000 4,924,000 5,167,000 4,913,428 6,620,013 6,646,588 7,218,919 Paterson — 1,265,000 1,282,000 1,250,000 1,286,736 1,301,766 1,404,206 1,381,032 1,380,000 1,462,000 1,366,000 1,375,000 1,351,000 1,390,000 1,408,877 1,516,177 1,497,875 1,497,762 533,000 503,000 514,000 514,000 532,000 552,442 272,536 280,246 281,585 — — — — — — 320,778 324,634 326,702 St. Louis North Carolina Program Charlotte Greensboro Wake County Nebraska State Program New Jersey State Programb Camden Jersey City Woodbridge/Edisonf New Mexico State Program Albuquerqueg CRS-1920 Housing for Persons Living with HIV/AIDS MSA, State, or Territory FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 Nevada State Program 238,000 219,000 219,000 219,000 228,000 236,818 254,785 255,631 255,069 Las Vegas 916,000 886,000 882,000 897,000 952,000 1,002,015 1,098,706 1,105,651 1,122,382 1,776,000 1,702,000 1,797,000 1,809,000 1,897,000 1,938,459 2,139,773 2,154,810 2,098,332 Albany 429,000 415,000 436,000 439,000 462,000 471,430 508,525 508,035 500,639 Buffalo 472,000 456,000 480,000 480,000 507,000 521,962 565,329 567,151 550,703 1,660,000 1,565,000 1,617,000 1,608,000 1,675,000 1,711,266 1,848,859 1,836,229 1,789,637 60,355,000 47,056,000 56,610,000 54,723,000 56,811,177 52,654,359 54,718,998 55,968,315 54,245,344 Poughkeepsie 604,000 577,000 679,000 812,000 947,000 655,310 702,119 698,901 672,598 Rochester 597,000 575,000 599,000 605,000 640,000 658,519 709,220 713,226 691,595 1,041,000 1,024,000 1,037,000 1,051,000 1,108,000 1,157,420 1,249,280 1,264,841 1,274,948 Cincinnati 550,000 517,000 518,000 530,000 562,000 584,124 643,644 657,741 672,796 Cleveland 854,000 822,000 826,000 840,000 870,000 895,337 960,454 963,208 967,243 Columbus 584,000 584,000 596,000 608,000 641,000 667,342 735,952 768,105 793,899 Oklahoma State Program 518,000 494,000 498,000 506,000 226,000 230,000 243,925 247,359 246,560 Oklahoma City 466,000 441,000 435,000 437,000 459,000 483,261 513,746 519,333 519,042 Tulsa — — — — 307,000 324,647 342,706 349,450 349,062 Oregon State Program — 321,000 319,000 317,000 335,000 350,114 374,867 376,285 378,349 Portland 1,006,000 949,000 947,000 943,000 988,000 1,016,854 1,088,055 1,086,484 1,090,721 Pennsylvania State Program 1,540,000 1,511,000 1,548,000 1,527,000 1,670,000 1,755,180 1,615,167 1,600,168 1,615,304 Allentownh — — — — — — 317,228 322,414 324,921 Philadelphia 7,632,000 7,336,000 7,083,000 6,650,000 7,052,000 8,716,376 8,786,271 7,385,176 7,701,943 626,000 620,000 623,000 619,000 649,000 676,967 731,148 729,568 731,171 New York State Program Islip New York City Ohio State Program Pittsburgh CRS-2021 Housing for Persons Living with HIV/AIDS MSA, State, or Territory FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 Puerto Rico State Program 1,748,000 1,636,000 1,633,000 1,616,000 1,679,000 1,709,461 1,825,260 1,806,368 1,810,019 San Juan 7,140,000 5,324,000 5,874,000 5,632,000 6,144,000 6,266,967 6,430,001 6,312,892 5,882,407 807,000 764,000 776,000 773,000 801,000 820,541 874,203 872,012 877,009 1,387,000 1,356,000 1,387,000 1,403,000 1,491,000 1,563,881 1,708,727 1,728,286 1,474,412 418,000 390,000 397,000 401,000 419,000 437,943 477,408 547,873 560,081 Columbia 1,270,000 1,160,000 1,041,000 1,034,000 1,138,000 1,404,470 1,566,258 1,540,616 1,584,363 Greenville — — — — — — — — 297,217 739,000 718,000 747,000 756,000 796,000 830,568 911,377 916,803 947,455 Memphis 2,134,000 1,462,000 1,882,000 1,879,000 2,115,000 2,019,277 1,701,201 1,540,635 1,705,456 Nashville 737,000 840,000 737,000 757,000 795,000 829,966 903,441 911,759 900,557 2,736,000 2,634,000 2,691,000 2,733,000 2,841,000 2,625,853 2,818,502 2,807,104 2,830,690 Austin 988,000 931,000 940,000 947,000 987,000 1,029,086 1,103,927 1,096,976 1,100,219 Dallas 3,192,000 3,867,000 3,141,000 3,134,000 3,332,000 3,642,608 3,722,637 3,969,841 4,060,375 — — — — — 327,655 355,028 355,503 355,395 835,000 805,000 813,000 819,000 863,000 892,529 950,848 936,172 942,706 Houston 5,068,000 9,669,000 6,039,000 6,579,000 6,038,000 7,315,504 7,793,944 7,127,183 7,572,952 San Antonio 1,027,000 960,000 971,000 972,000 1,025,000 1,064,378 1,151,125 1,168,601 1,187,881 Utah State Program 120,000 111,000 112,000 111,000 115,000 117,707 126,975 127,715 129,216 Salt Lake City 386,000 354,000 353,000 346,000 357,000 363,348 387,189 387,583 386,858 Virginia State Program 640,000 612,000 618,000 615,000 634,000 667,943 703,999 725,533 727,609 Richmond 692,000 658,000 665,000 660,000 690,000 702,433 774,169 781,825 864,491 1,022,000 958,000 941,000 937,000 968,000 1,002,215 1,079,493 1,093,344 1,089,336 652,000 619,000 620,000 622,000 651,000 671,553 728,016 722,709 728,203 Providence South Carolina State Program Charleston Tennessee State Program Texas State Program El Paso Fort Worth Virginia Beach Washington State Program CRS-2122 Housing for Persons Living with HIV/AIDS MSA, State, or Territory Seattle FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 1,688,000 1,611,000 1,615,000 1,604,000 1,663,000 1,705,852 1,821,710 1,809,798 1,814,768 Wisconsin State Program 405,000 383,000 389,000 391,000 407,000 422,102 455,271 460,217 463,438 Milwaukee 512,000 487,000 497,000 492,000 515,000 531,988 574,936 576,432 579,000 — — — — — 309,608 336,232 336,134 339,564 263,039,000 251,323,000 256,162,000 256,162,000 267,417,000 276,089,000 298,485,000 297,888,030 298,800,000 29,227,000 27,925,000 28,463,000 28,463,000 29,713,000 30,676,000 33,165,000 32,100,000i 33,200,000 2,485,000 2,480,000 1,485,000 1,485,000 1,485,000 1,485,000 3,350,000 3,343,000 — 294,751,000 281,728,000 286,110,000 286,110,000 300,100,000 310,000,000 335,000,000 334,330,000j 332,000,000 West Virginia State Program —Subtotal formula grants —Subtotal competitive grants —Subtotal technical asst. Total HOPWA Source: U.S. Department of Housing and Urban Development, Office of Community Planning and Development Program Formula Allocations, http://portal.hud.gov/ hudportal/HUD?src=/program_offices/comm_planning/communitydevelopment/budget, and the Office of Community Planning and Development Appropriations Budget page, http://www.hud.gov/offices/cpd/about/budget/index.cfm. a. The State of California administers the grant for the Bakersfield and Fresno MSAs. See U.S. Department of Housing and Urban Development, 2012 HOPWA Formula Operating Instructions, January 31, 2012, p. 4, http://www.hudhre.info/documents/2012Operating_Formula.pdf. b. According to directions in HUD Appropriations Acts, funds awarded to the Wilmington MSA are transferred to the State of New Jersey to administer the HOPWA program for the one New Jersey county that is in the Wilmington MSA (Salem county). c. The State of Florida administers the grants for the Cape Coral, Lakeland, Bradenton, and Palm Bay MSAs. 2012 HOPWA Formula Operating Instructions, p. 4. d. After FY2009, Deltona no longer qualified for funds. U.S. Department of Housing and Urban Development, 2010 HOPWA Formula Operating Instructions, April 1, 2010, p. 1, http://www.hudhre.info/documents/2010Operating_Formula.pdf. e. The State of Maryland administers the grant for the Bethesda-Frederick-Gaithersburg MSA. 2012 HOPWA Formula Operating Instructions, p. 4. f. Starting in FY2010, Edison, NJ replaced Woodbridge as the designated HOPWA grantee. 2010 HOPWA Formula Operating Instructions, p. 1. g. The State of New Mexico administers the grant for Albuquerque. 2012 HOPWA Formula Operating Instructions, p. 4. h. The State of Pennsylvania administers the grant for Allentown. 2012 HOPWA Formula Operating Instructions, p. 4. i. Competitive grants for FY2011 are based on HUD’s announcement of the renewal of existing grants ($23 million) and the NOFA for new competitive grants ($9.1 million). j. The FY2012 Department of Defense and Full-Year Appropriation Act (P.L. 112-10) contained an across-the-board rescission of 0.2% for all discretionary accounts. The rescission reduced the HOPWA appropriation ($335 million) by approximately $670,000. CRS-2223 Housing for Persons Living with HIV/AIDS Author Contact Information Libby Perl Specialist in Housing Policy eperl@crs.loc.gov, 7-7806 Congressional Research Service 2324