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42 U.S.C. § 11386e — Appeal procedure

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

42 U.S.C. § 11386e — Appeal procedure

**(a) In general** With respect to funding under this part, if certification of consistency with the consolidated plan pursuant to [section 11361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11361&num=0&edition=prelim) is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the Secretary. **(b) Procedure** The Secretary shall establish a procedure to process the appeals described in subsection (a). **(c) Determination** Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Secretary shall determine if certification was unreasonably withheld. If such certification was unreasonably withheld, the Secretary shall review such application and determine if such applicant shall receive funding under this part.

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Source location: Title 42, Chapter 119, § 11386e; chapter-119-homeless-assistance.md

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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

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

42 U.S.C. § 11361 — Housing affordability strategy

Assistance may be made under this subchapter only if the grantee certifies that it is following— (1) a consolidated plan which has been approved by the Secretary in accordance with [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim) (referred to in such section as a “comprehensive housing affordability strategy”), or (2) a comprehensive homeless assistance plan which was approved by the Secretary during the 180-day period beginning on November 28, 1990, or during such longer period as may be prescribed by the Secretary in any case for good cause.

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

42 U.S.C. § 11386e — Appeal procedure

Page 8173 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11388 § 11386e. Appeal procedure (a) In general With respect to funding under this part, if cer- tification of consistency with the consolidated plan pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such appli- cant may appeal such decision to the Secretary. (b) Procedure The Secretary shall establish a procedure to process the appeals described in subsection (a). (c) Determination Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Sec- retary shall determine if certification was un- reasonably withheld. If such certification was unreasonably withheld, the Secretary shall re- view such application and determine if such ap- plicant shall receive funding under this part. (Pub. L. 100–77, title IV, § 431, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1696.) Editorial Notes PRIOR PROVISIONS A prior section 431 of Pub. L. 100–77 was classified to section 11391 of this title prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under sec- tion 11302 of this title. § 11386f. Geographic areas (a) Requirement to define For purposes of this part, the term ‘‘geo- graphic area’’ shall have such meaning as the Secretary shall by notice provide. (b) Issuance of notice Not later than the expiration of the 9

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