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42 U.S.C. § 11384 — Incentives for high-performing communities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation as a high-performing community**
(1) **In general** — The Secretary shall designate, on an annual basis, which collaborative applicants represent high-performing communities.
(2) **Consideration** — In determining whether to designate a collaborative applicant as a high-performing community under paragraph (1), the Secretary shall establish criteria to ensure that the requirements described under paragraphs (1)(B) and (2)(B) of subsection (d) are measured by comparing homeless individuals and families under similar circumstances, in order to encourage projects in the geographic area to serve homeless individuals and families with more severe barriers to housing stability.
(3) **2-year phase in** — In each of the first 2 years after the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall designate not more than 10 collaborative applicants as high-performing communities.
(4) **Excess of qualified applicants** — If, during the 2-year period described under paragraph (2), more than 10 collaborative applicants could qualify to be designated as high-performing communities, the Secretary shall designate the 10 that have, in the discretion of the Secretary, the best performance based on the criteria described under subsection (d).
(5) **Time limit on designation** — The designation of any collaborative applicant as a high-performing community under this subsection shall be effective only for the year in which such designation is made. The Secretary, on an annual basis, may renew any such designation.
**(b) Application**
(1) **In general** — A collaborative applicant seeking designation as a high-performing community under subsection (a) shall submit an application to the
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Source file: Laws/federal/codes/united-states-code/title-42/section-11384-incentives-for-high-performing-communities--64b5dbf3bd.md
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Source location: Title 42, Chapter 119, § 11384; chapter-119-homeless-assistance.md
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**(a) Designation as a high-performing community**
(1) **In general** — The Secretary shall designate, on an annual basis, which collaborative applicants represent high-performing communities.
(2) **Consideration** — In determining whether to designate a collaborative applicant as a high-performing community under paragraph (1), the Secretary shall establish criteria to ensure that the requirements described under paragraphs (1)(B) and (2)(B) of subsection (d) are measured by comparing homeless individuals and families under similar circumstances, in order to encourage projects in the geographic area to serve homeless individuals and families with more severe barriers to housing stability.
(3) **2-year phase in** — In each of the first 2 years after the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall designate not more than 10 collaborative applicants as high-performing communities.
(4) **Excess of qualified applicants** — If, during the 2-year period described under paragraph (2), more than 10 collaborative applicants could qualify to be designated as high-performing communities, the Secretary shall designate the 10 that have, in the discretion of the Secretary, the best performance based on the criteria described under subsection (d).
(5) **Time limit on designation** — The designation of any collaborative applicant as a high-performing community under this subsection shall be effective only for the year in which such designation is made. The Secretary, on an annual basis, may renew any such designation.
**(b) Application**
(1) **In general** — A collaborative applicant seeking designation as a high-performing community under subsection (a) shall submit an application to the Secretary at such time, and in such manner as the Secretary may require.
(2) **Content of application** — In any application submitted under paragraph (1), a collaborative applicant shall include in such application—
(A) a report showing how any money received under this part in the preceding year was expended; and
(B) information that such applicant can meet the requirements described under subsection (d).
(3) **Publication of application** — The Secretary shall—
(A) publish any report or information submitted in an application under this section in the geographic area represented by the collaborative applicant; and
(B) seek comments from the public as to whether the collaborative applicant seeking designation as a high-performing community meets the requirements described under subsection (d).
**(c) Use of funds** Funds awarded under [section 11382(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/a&num=0&edition=prelim) to a project sponsor who is located in a high-performing community may be used—
(1) for any of the eligible activities described in [section 11383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383&num=0&edition=prelim); or
(2) for any of the eligible activities described in paragraphs (4) and (5) of [section 11374(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11374/a&num=0&edition=prelim).
**(d) Definition of high-performing community** For purposes of this section, the term “high-performing community” means a geographic area that demonstrates through reliable data that all five of the following requirements are met for that geographic area:
(1) **Term of homelessness** — The mean length of episodes of homelessness for that geographic area—
(A) is less than 20 days; or
(B) for individuals and families in similar circumstances in the preceding year was at least 10 percent less than in the year before.
(2) **Families leaving homelessness** — Of individuals and families—
(A) who leave homelessness, fewer than 5 percent of such individuals and families become homeless again at any time within the next 2 years; or
(B) in similar circumstances who leave homelessness, the percentage of such individuals and families who become homeless again within the next 2 years has decreased by at least 20 percent from the preceding year.
(3) **Community action** — The communities that compose the geographic area have—
(A) actively encouraged homeless individuals and families to participate in homeless assistance services available in that geographic area; and
(B) included each homeless individual or family who sought homeless assistance services in the data system used by that community for determining compliance with this subsection.
(4) **Effectiveness of previous activities** — If recipients in the geographic area have used funding awarded under [section 11382(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/a&num=0&edition=prelim) for eligible activities described under [section 11374(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11374/a&num=0&edition=prelim) in previous years based on the authority granted under subsection (c), that such activities were effective at reducing the number of individuals and families who became homeless in that community.
(5) **Flexibility to serve persons defined as homeless under other Federal laws** — With respect to collaborative applicants exercising the authority under [section 11382(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382/j&num=0&edition=prelim) to serve homeless families with children and youth defined as homeless under other Federal statutes, effectiveness in achieving the goals and outcomes identified in subsection 11 So in original. Probably should be “section”. 11386a(b)(1)(F) of this title according to such standards as the Secretary shall promulgate.
**(e) Cooperation among entities** A collaborative applicant designated as a high-performing community under this section shall cooperate with the Secretary in distributing information about successful efforts within the geographic area represented by the collaborative applicant to reduce homelessness.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of this chapter, the terms “homeless”, “homeless individual”, and “homeless person” means— 11 So in original. Probably should be “mean—”.
(1) an individual or family who lacks a fixed, regular, and adequate nighttime residence;
(2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
(3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing);
(4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided;
(5) an individual or family who—
(A) will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, as evidenced by—
(i) a court order resulting from an eviction action that notifies the individual or family that they must leave within 14 days;
(ii) the individual or family having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or
(iii) credible evidence indicating that the owner or renter of the housing will not allow the individ
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Grants awarded under [section 11382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382&num=0&edition=prelim) to qualified applicants shall be used to carry out projects that serve homeless individuals or families that consist of one or more of the following eligible activities:
(1) Construction of new housing units to provide transitional or permanent housing.
(2) Acquisition or rehabilitation of a structure to provide transitional or permanent housing, other than emergency shelter, or to provide supportive services.
(3) Leasing of property, or portions of property, not owned by the recipient or project sponsor involved, for use in providing transitional or permanent housing, or providing supportive services.
(4) Provision of rental assistance to provide transitional or permanent housing to eligible persons. The rental assistance may include tenant-based, project-based, or sponsor-based rental assistance. Project-based rental assistance, sponsor-based rental assistance, and operating cost assistance contracts carried out by project sponsors receiving grants under this section may, at the discretion of the applicant and the project sponsor, have an initial term of 15 years, with assistance for the first 5 years paid with funds authorized for appropriation under this chapter, and assistance for the remainder of the term treated as a renewal of an expiring contract as provided in [section 11386c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386c&num=0&edition=prelim). Project-based rental assistance may include rental assistance to preserve existing permanent supportive housing for homeless individuals and families.
(5) Payment of operating costs for housing
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11383
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Federal law — U.S. Code and appendices · legal_authorities
Page 8165
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11384
(f) Eligibility for permanent housing
Any project that receives assistance under
subsection (a) and that provides project-based or
sponsor-based permanent housing for homeless
individuals or families with a disability, includ-
ing projects that meet the requirements of sub-
section (a) and subsection (d)(2)(A) of section
11386b of this title may also serve individuals
who had previously met the requirements for
such project prior to moving into a different
permanent housing project.
(g) Administration of rental assistance
Provision of permanent housing rental assist-
ance shall be administered by a State, unit of
general local government, private nonprofit or-
ganization, or public housing agency.
(Pub. L. 100–77, title IV, § 423, as added Pub. L.
111–22, div. B, title III, § 1302, May 20, 2009, 123
Stat. 1684; amended Pub. L. 114–94, div. G, title
LXXIX, § 79001, Dec. 4, 2015, 129 Stat. 1792; Pub.
L. 117–103, div. W, title VI, § 605(a)(2), Mar. 15,
2022, 136 Stat. 886; Pub. L. 117–263, div. E, title
LVII, § 5707, Dec. 23, 2022, 136 Stat. 3419.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(4), was in the
original ‘‘this Act’’, meaning Pub. L. 100–77, July 22,
1987, 101 Stat. 482, known as the McKinney-Vento
Homeless Assistance Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 11301 of this title and Tables.
PRIOR PROVISIONS
A prior section 11383, Pub. L. 100–77, title IV, § 423, as
added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992,
106 Stat. 4015; amended Pub. L. 106–377, § 1(a)(1) [title II,
§ 226], Oct. 27, 2000, 114 Stat. 1441, 1441A–30; Pub.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11384
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.