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42 U.S.C. § 11382 — Continuum of care applications and grants

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11382 — Continuum of care applications and grants

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Source file: Laws/federal/codes/united-states-code/title-42/section-11382-continuum-of-care-applications-and-grants--bab1901b03.md
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Source location: Title 42, Chapter 119, § 11382; chapter-119-homeless-assistance.md

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**(a) Projects** The Secretary shall award grants, on a competitive basis, and using the selection criteria described in [section 11386a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a&num=0&edition=prelim), to carry out eligible activities under this part for projects that meet the program requirements under [section 11386 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386&num=0&edition=prelim), either by directly awarding funds to project sponsors or by awarding funds to unified funding agencies. **(b) Notification of funding availability** The Secretary shall release a notification of funding availability for grants awarded under this part for a fiscal year not later than 3 months after the date of the enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for such fiscal year. **(c) Applications** (1) **Submission to the Secretary** — To be eligible to receive a grant under subsection (a), a project sponsor or unified funding agency in a geographic area shall submit an application to the Secretary at such time and in such manner as the Secretary may require, and containing such information as the Secretary determines necessary— (A) to determine compliance with the program requirements and selection criteria under this part; and (B) to establish priorities for funding projects in the geographic area. (2) **Announcement of awards** (A) *In general* — Except as provided in subparagraph (B), the Secretary shall announce, within 5 months after the last date for the submission of applications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year. (B) *Transition* — For a period of up to 2 years beginning after the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall announce, within 6 months after the last date for the submission of applications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year. **(d) Obligation, distribution, and utilization of funds** (1) **Requirements for obligation** (A) *In general* — Not later than 9 months after the announcement referred to in subsection (c)(2), each recipient or project sponsor shall meet all requirements for the obligation of those funds, including site control, matching funds, and environmental review requirements, except as provided in subparagraphs (B) and (C). (B) *Acquisition, rehabilitation, or construction* — Not later than 24 months after the announcement referred to in subsection (c)(2), each recipient or project sponsor seeking the obligation of funds for acquisition of housing, rehabilitation of housing, or construction of new housing for a grant announced under subsection (c)(2) shall meet all requirements for the obligation of those funds, including site control, matching funds, and environmental review requirements. (C) *Extensions* — At the discretion of the Secretary, and in compelling circumstances, the Secretary may extend the date by which a recipient or project sponsor shall meet the requirements described in subparagraphs (A) and (B) if the Secretary determines that compliance with the requirements was delayed due to factors beyond the reasonable control of the recipient or project sponsor. Such factors may include difficulties in obtaining site control for a proposed project, completing the process of obtaining secure financing for the project, obtaining approvals from State or local governments, or completing the technical submission requirements for the project. (2) **Obligation** — Not later than 45 days after a recipient or project sponsor meets the requirements described in paragraph (1), the Secretary shall obligate the funds for the grant involved. (3) **Distribution** — A recipient that receives funds through such a grant— (A) shall distribute the funds to project sponsors (in advance of expenditures by the project sponsors); and (B) shall distribute the appropriate portion of the funds to a project sponsor not later than 45 days after receiving a request for such distribution from the project sponsor. (4) **Expenditure of funds** — The Secretary may establish a date by which funds made available through a grant announced under subsection (c)(2) for a homeless assistance project shall be entirely expended by the recipient or project sponsors involved. The date established under this paragraph shall not occur before the expiration of the 24-month period beginning on the date that funds are obligated for activities described under paragraphs 11 So in original. Probably should be “paragraph”. (1) or (2) of [section 11383(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383/a&num=0&edition=prelim). The Secretary shall recapture the funds not expended by such date. The Secretary shall reallocate the funds for another homeless assistance and prevention project that meets the requirements of this part to be carried out, if possible and appropriate, in the same geographic area as the area served through the original grant. **(e) Renewal funding for unsuccessful applicants** The Secretary may renew funding for a specific project previously funded under this part that the Secretary determines meets the purposes of this part, and was included as part of a total application that met the criteria of subsection (c), even if the application was not selected to receive grant assistance. The Secretary may renew the funding for a period of not more than 1 year, and under such conditions as the Secretary determines to be appropriate. **(f) Considerations in determining renewal funding** When providing renewal funding for leasing, operating costs, or rental assistance for permanent housing, the Secretary shall make adjustments proportional to increases in the fair market rents in the geographic area. **(g) More than 1 application for a geographic area** If more than 1 collaborative applicant applies for funds for a geographic area, the Secretary shall award funds to the collaborative applicant with the highest score based on the selection criteria set forth in [section 11386a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a&num=0&edition=prelim). **(h) Appeals** (1) **In general** — The Secretary shall establish a timely appeal procedure for grant amounts awarded or denied under this part pursuant to a collaborative application or solo application for funding. (2) **Process** — The Secretary shall ensure that the procedure permits appeals submitted by entities carrying out homeless housing and services projects (including emergency shelters and homelessness prevention programs), and all other applicants under this part. **(i) Solo applicants** A solo applicant may submit an application to the Secretary for a grant under subsection (a) and be awarded such grant on the same basis as such grants are awarded to other applicants based on the criteria described in [section 11386a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a&num=0&edition=prelim), but only if the Secretary determines that the solo applicant has attempted to participate in the continuum of care process but was not permitted to participate in a reasonable manner. The Secretary may award such grants directly to such applicants in a manner determined to be appropriate by the Secretary. **(j) Flexibility to serve persons defined as homeless under other Federal laws** (1) **In general** — A collaborative applicant may use not more than 10 percent of funds awarded under this part (continuum of care funding) for any of the types of eligible activities specified in paragraphs (1) through (7) of [section 11383(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383/a&num=0&edition=prelim) to serve families with children and youth defined as homeless under other Federal statutes, or homeless families with children and youth defined as homeless under [section 11302(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302/a/6&num=0&edition=prelim), but only if the applicant demonstrates that the use of such funds is of an equal or greater priority or is equally or more cost effective in meeting the overall goals and objectives of the plan submitted under [section 11386a(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a/b/1/B&num=0&edition=prelim), especially with respect to children and unaccompanied youth. (2) **Limitations** — The 10 percent limitation under paragraph (1) shall not apply to collaborative applicants in which the rate of homelessness, as calculated in the most recent point in time count, is less than one-tenth of 1 percent of total population. (3) **Treatment of certain populations** (A) *In general* — Notwithstanding [section 11302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302/a&num=0&edition=prelim) and subject to subparagraph (B), funds awarded under this part may be used for eligible activities to serve unaccompanied youth and homeless families and children defined as homeless under [section 11302(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302/a/6&num=0&edition=prelim) only pursuant to paragraph (1) of this subsection and such families and children shall not otherwise be considered as homeless for purposes of this part. (B) *At risk of homelessness* — Subparagraph (A) may not be construed to prevent any unaccompanied youth and homeless families and children defined as homeless under [section 11302(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302/a/6&num=0&edition=prelim) from qualifying for, and being treated for purposes of this part as, at risk of homelessness or from eligibility for any projects, activities, or services carried out using amounts provided under this part for which individuals or families that are at risk of homelessness are eligible.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11386 — Program requirements

**(a) Site control** The Secretary shall require that each application include reasonable assurances that the applicant will own or have control of a site for the proposed project not later than the expiration of the 12-month period beginning upon notification of an award for grant assistance, unless the application proposes providing supportive housing assistance under [section 11383(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383/a/3&num=0&edition=prelim) or housing that will eventually be owned or controlled by the families and individuals served. An applicant may obtain ownership or control of a suitable site different from the site specified in the application. If any recipient or project sponsor fails to obtain ownership or control of the site within 12 months after notification of an award for grant assistance, the grant shall be recaptured and reallocated under this part. **(b) Required agreements** The Secretary may not provide assistance for a proposed project under this part unless the collaborative applicant involved agrees— (1) to ensure the operation of the project in accordance with the provisions of this part; (2) to monitor and report to the Secretary the progress of the project; (3) to ensure, to the maximum extent practicable, that individuals and families experiencing homelessness are involved, through employment, provision of volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating facilities for the project and in providing supportive services for the project; (4) to require certification from all project sponsors that— (A) they will maintain the confidentiality of records pertaining to any individual or family provided family violence prevention or

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11386

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11302 — General definition of homeless individual

**(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

42 U.S.C. § 11381 — Purposes

The purposes of this part are— (1) to promote community-wide commitment to the goal of ending homelessness; (2) to provide funding for efforts by nonprofit providers and State and local governments to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to individuals, families, and communities by homelessness; (3) to promote access to, and effective utilization of, mainstream programs described in [section 11313(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11313/a/7&num=0&edition=prelim) and programs funded with State or local resources; and (4) to optimize self-sufficiency among individuals and families experiencing homelessness.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11381

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11386a — Selection criteria

**(a) In general** The Secretary shall award funds to recipients through a national competition between geographic areas based on criteria established by the Secretary. **(b) Required criteria** (1) **In general** — The criteria established under subsection (a) shall include— (A) the previous performance of the recipient regarding homelessness, including performance related to funds provided under [section 11372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11372&num=0&edition=prelim) (except that recipients applying from geographic areas where no funds have been awarded under this part, or under parts C, D, E, or F of subchapter IV of this chapter, as in effect prior to May 20, 2009, shall receive full credit for performance under this subparagraph), measured by criteria that shall be announced by the Secretary, that shall take into account barriers faced by individual homeless people, and that shall include— (i) the length of time individuals and families remain homeless; (ii) the extent to which individuals and families who leave homelessness experience additional spells of homelessness; (iii) the thoroughness of grantees in the geographic area in reaching homeless individuals and families; (iv) overall reduction in the number of homeless individuals and families; (v) jobs and income growth for homeless individuals and families; (vi) success at reducing the number of individuals and families who become homeless; (vii) other accomplishments by the recipient related to reducing homelessness; and (viii) for collaborative applicants that have exercised the authority under [section 11382(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section113

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11386a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11360 — Definitions

For purposes of this subchapter: (1) **At risk of homelessness** — The term “at risk of homelessness” means, with respect to an individual or family, that the individual or family— (A) has income below 30 percent of median income for the geographic area; (B) has insufficient resources immediately available to attain housing stability; and (C) (i) has moved frequently because of economic reasons; (ii) is living in the home of another because of economic hardship; (iii) has been notified that their right to occupy their current housing or living situation will be terminated; (iv) lives in a hotel or motel; (v) lives in severely overcrowded housing; (vi) is exiting an institution; or (vii) otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness. Such term includes all families with children and youth defined as homeless under other Federal statutes. (2) **Chronically homeless** (A) *In general* — The term “chronically homeless” means, with respect to an individual or family, that the individual or family— (i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; (ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and (iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11360

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11383 — Eligible activities

**(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

42 U.S.C. § 11382 — Continuum of care applications and

Page 8161 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11382 subsection (a) of this section) the Secretary may make grants under the provisions of subtitles C and D of [title IV of] the McKinney-Vento Homeless Assistance Act [former parts C and D of this subchapter], as in ef- fect immediately before the enactment of this Act [Oct. 28, 1992]. Any grants made before such effective date shall be subject to the provisions of such subtitles.’’ DEMONSTRATION PROJECTS TO REDUCE NUMBER OF HOMELESS FAMILIES IN WELFARE HOTELS Pub. L. 100–628, title IX, § 903, Nov. 7, 1988, 102 Stat. 3258, as amended by Pub. L. 104–193, title I, § 110(g), Aug. 22, 1996, 110 Stat. 2171, authorized Secretary of Health and Human Services to carry out 2 or 3 demonstration projects to provide housing in transitional facilities for homeless families who are recipients of assistance under a State program funded by part A of subchapter IV of chapter 7 of this title and who reside in commer- cial or similar transient facilities and authorized ap- propriations of not more than $20,000,000 for the grants for fiscal year 1990. DEFINITION For provisions relating to definition of ‘‘local govern- ment’’ as used in this section, see section 100261 of Pub. L. 112–141, set out as a HEARTH Act Technical Correc- tions note under section 11360 of this title. § 11382. Continuum of care applications and grants (a) Projects The Secretary shall award grants, on a com- petitive basis, and using the selection criteria described in section 11386a of this title, to carry out eligible activities under this part for projects that meet the program requirements under section 11386 of this title, either by di- rectly awarding funds to project sponsors or by awarding funds to unified funding agencies. (b) N

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11382

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