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

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

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

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Source file: Laws/federal/codes/united-states-code/title-42/section-11383-eligible-activities--b2b402ebd2.md
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Source location: Title 42, Chapter 119, § 11383; chapter-119-homeless-assistance.md

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**(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 units assisted under this part or for the preservation of housing that will serve homeless individuals and families and for which another form of assistance is expiring or otherwise no longer available. (6) Supportive services for individuals and families who are currently homeless, who have been homeless in the prior six months but are currently residing in permanent housing, or who were previously homeless and are currently residing in permanent supportive housing. (7) Provision of rehousing services, including housing search, mediation or outreach to property owners, credit repair, providing security or utility deposits, rental assistance for a final month at a location, assistance with moving costs, or other activities that— (A) are effective at moving homeless individuals and families immediately into housing; or (B) may benefit individuals and families who in the prior 6 months have been homeless, but are currently residing in permanent housing. (8) In the case of a collaborative applicant that is a legal entity, performance of the duties described under [section 11360a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11360a/f/3&num=0&edition=prelim). (9) Operation of, participation in, and ensuring consistent participation by project sponsors in, a community-wide homeless management information system. (10) In the case of a collaborative applicant that is a legal entity, payment of administrative costs related to meeting the requirements described in paragraphs (1) and (2) of [section 11360a(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11360a/f&num=0&edition=prelim), for which the collaborative applicant may use not more than 3 percent of the total funds made available in the geographic area under this part for such costs. (11) In the case of a collaborative applicant that is a unified funding agency under [section 11360a(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11360a/g&num=0&edition=prelim), payment of administrative costs related to meeting the requirements of that section, for which the unified funding agency may use not more than 3 percent of the total funds made available in the geographic area under this part for such costs, in addition to funds used under paragraph (10). (12) Payment of administrative costs to project sponsors, for which each project sponsor may use not more than 10 percent of the total funds made available to that project sponsor through this part for such costs. (13) 11 So in original. Two pars. (13) have been enacted. Facilitating and coordinating activities to ensure compliance with subsection (e) of [section 12491 of title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12491&num=0&edition=prelim) and monitoring compliance with the confidentiality protections of subsection (c)(4) of such section. (13) 1 Projects in rural areas that consist of one or more of the following activities: (A) Payment of short-term emergency lodging, including in motels or shelters, directly or through vouchers. (B) Repairs to units— (i) in which homeless individuals and families will be housed; or (ii) which are currently not fit for human habitation. (C) Staff training, professional development, skill development, and staff retention activities. **(b) Minimum grant terms** The Secretary may impose minimum grant terms of up to 5 years for new projects providing permanent housing. **(c) Use restrictions** (1) **Acquisition, rehabilitation, and new construction** — A project that consists of activities described in paragraph (1) or (2) of subsection (a) shall be operated for the purpose specified in the application submitted for the project under [section 11382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382&num=0&edition=prelim) for not less than 15 years. (2) **Other activities** — A project that consists of activities described in any of paragraphs (3) through (12) of subsection (a) shall be operated for the purpose specified in the application submitted for the project under [section 11382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382&num=0&edition=prelim) for the duration of the grant period involved. (3) **Conversion** — If the recipient or project sponsor carrying out a project that provides transitional or permanent housing submits a request to the Secretary to carry out instead a project for the direct benefit of low-income persons, and the Secretary determines that the initial project is no longer needed to provide transitional or permanent housing, the Secretary may approve the project described in the request and authorize the recipient or project sponsor to carry out that project. **(d) Repayment of assistance and prevention of undue benefits** (1) **Repayment** — If a recipient or project sponsor receives assistance under [section 11382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11382&num=0&edition=prelim) to carry out a project that consists of activities described in paragraph (1) or (2) of subsection (a) and the project ceases to provide transitional or permanent housing— (A) earlier than 10 years after operation of the project begins, the Secretary shall require the recipient or project sponsor to repay 100 percent of the assistance; or (B) not earlier than 10 years, but earlier than 15 years, after operation of the project begins, the Secretary shall require the recipient or project sponsor to repay 20 percent of the assistance for each of the years in the 15-year period for which the project fails to provide that housing. (2) **Prevention of undue benefits** — Except as provided in paragraph (3), if any property is used for a project that receives assistance under subsection (a) and consists of activities described in paragraph (1) or (2) of subsection (a), and the sale or other disposition of the property occurs before the expiration of the 15-year period beginning on the date that operation of the project begins, the recipient or project sponsor who received the assistance shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient or project sponsor from unduly benefitting from such sale or disposition. (3) **Exception** — A recipient or project sponsor shall not be required to make the repayments, and comply with the terms and conditions, required under paragraph (1) or (2) if— (A) the sale or disposition of the property used for the project results in the use of the property for the direct benefit of very low-income persons; (B) all of the proceeds of the sale or disposition are used to provide transitional or permanent housing meeting the requirements of this part; (C) project-based rental assistance or operating cost assistance from any Federal program or an equivalent State or local program is no longer made available and the project is meeting applicable performance standards, provided that the portion of the project that had benefitted from such assistance continues to meet the tenant income and rent restrictions for low-income units under [section 42(g) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section42/g&num=0&edition=prelim); or (D) there are no individuals and families in the geographic area who are homeless, in which case the project may serve individuals and families at risk of homelessness. **(e) Staff training** The Secretary may allow reasonable costs associated with staff training to be included as part of the activities described in subsection (a). **(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, including projects that meet the requirements of subsection (a) and subsection (d)(2)(A) of [section 11386b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386b&num=0&edition=prelim) 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 assistance shall be administered by a State, unit of general local government, private nonprofit organization, or public housing agency.

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

34 U.S.C. § 12491 — Grants to combat violence against women in public and assisted housing

**(a) Purpose** It is the purpose of this section to assist eligible grantees in responding appropriately to domestic violence, dating violence, sexual assault, and stalking so that the status of being a victim of such a crime is not a reason for the denial or loss of housing. Such assistance shall be accomplished through— (1) education and training of eligible entities; (2) development and implementation of appropriate housing policies and practices; (3) enhancement of collaboration with victim service providers and tenant organizations; and (4) reduction of the number of victims of such crimes who are evicted or denied housing because of crimes and lease violations committed or directly caused by the perpetrators of such crimes. **(b) Grants authorized** (1) **In general** — The Attorney General, acting through the Director of the Office on Violence Against Women of the Department of Justice (“Director”), and in consultation with the Secretary of Housing and Urban Development (“Secretary”), and the Secretary of Health and Human Services, acting through the Administration for Children, Youth and Families (“ACYF”), shall award grants and contracts for not less than 2 years to eligible grantees to promote the full and equal access to and use of housing by adult and youth victims of domestic violence, dating violence, sexual assault, and stalking. (2) **Amounts** — Not less than 15 percent of the funds appropriated to carry out this section shall be available for grants to tribally designated housing entities. (3) **Award basis** — The Attorney General shall award grants and contracts under this section on a competitive basis. (4) **Limitation** — Appropriated funds may only be used for the purposes described in subsection (f). **(c) Eligible grantees** (1) **I

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12491

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

42 U.S.C. § 11386b — Allocation of amounts and incentives for specific eligible activities

**(a) Minimum allocation for permanent housing for homeless individuals and families with disabilities** (1) **In general** — From the amounts made available to carry out this part for a fiscal year, a portion equal to not less than 30 percent of the sums made available to carry out part B and this part, shall be used for permanent housing for homeless individuals with disabilities and homeless families that include such an individual who is an adult or a minor head of household if no adult is present in the household. (2) **Calculation** — In calculating the portion of the amount described in paragraph (1) that is used for activities that are described in paragraph (1), the Secretary shall not count funds made available to renew contracts for existing projects under [section 11386c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386c&num=0&edition=prelim). (3) **Adjustment** — The 30 percent figure in paragraph (1) shall be reduced proportionately based on need under [section 11386a(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11386a/b/2&num=0&edition=prelim) in geographic areas for which subsection (e) applies in regard to subsection (d)(2)(A). (4) **Suspension** — The requirement established in paragraph (1) shall be suspended for any year in which funding available for grants under this part after making the allocation established in paragraph (1) would not be sufficient to renew for 1 year all existing grants that would otherwise be fully funded under this part. (5) **Termination** — The requirement established in paragraph (1) shall terminate upon a finding by the Secretary that since the beginning of 2001 at least 150,000 new units of permanent housing for homele

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

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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. § 11386c — Renewal funding and terms of assistance for permanent housing

**(a) In general** Renewal of expiring contracts for leasing, rental assistance, or operating costs for permanent housing contracts may be funded either— (1) under the appropriations account for this subchapter; or (2) the section 8 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)] project-based rental assistance account. **(b) Renewals** The sums made available under subsection (a) shall be available for the renewal of contracts in the case of tenant-based assistance, successive 1-year terms, and in the case of project-based assistance, successive terms of up to 15 years at the discretion of the applicant or project sponsor and subject to the availability of annual appropriations, for rental assistance and housing operation costs associated with permanent housing projects funded under this part, or under part C or F (as in effect on the day before the effective date of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009). The Secretary shall determine whether to renew a contract for such a permanent housing project on the basis of certification by the collaborative applicant for the geographic area that— (1) there is a demonstrated need for the project; and (2) the project complies with program requirements and appropriate standards of housing quality and habitability, as determined by the Secretary. **(c) Construction** Nothing in this section shall be construed as prohibiting the Secretary from renewing contracts under this part in accordance with criteria set forth in a provision of this part other than this section.

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

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

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

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11382

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

15 U.S.C. § 6851 — Civil action relating to disclosure of intimate images

**(a) Definitions** In this section: (1) **Commercial pornographic content** — The term “commercial pornographic content” means any material that is subject to the record keeping requirements under [section 2257 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257&num=0&edition=prelim). (2) **Consent** — The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion. (3) **Depicted individual** — The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction. (4) **Disclose** — The term “disclose” means to transfer, publish, distribute, or make accessible. (5) **Intimate visual depiction** — The term “intimate visual depiction”— (A) means a visual depiction, as that term is defined in [section 2256(5) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256/5&num=0&edition=prelim), that depicts— (i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or (ii) the display or transfer of bodily sexual fluids— (I) on to any part of the body of an identifiable individual; (II) from the body of an identifiable individual; or (III) an identifiable individual engaging in sexually explicit conduct and 11 So in original. (B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual wa

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6851

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

42 U.S.C. § 11301 — Findings and purpose

**(a) Findings** The Congress finds that— (1) the Nation faces an immediate and unprecedented crisis due to the lack of shelter for a growing number of individuals and families, including elderly persons, handicapped persons, families with children, Native Americans, and veterans; (2) the problem of homelessness has become more severe and, in the absence of more effective efforts, is expected to become dramatically worse, endangering the lives and safety of the homeless; (3) the causes of homelessness are many and complex, and homeless individuals have diverse needs; (4) there is no single, simple solution to the problem of homelessness because of the different subpopulations of the homeless, the different causes of and reasons for homelessness, and the different needs of homeless individuals; (5) due to the record increase in homelessness, States, units of local government, and private voluntary organizations have been unable to meet the basic human needs of all the homeless and, in the absence of greater Federal assistance, will be unable to protect the lives and safety of all the homeless in need of assistance; and (6) the Federal Government has a clear responsibility and an existing capacity to fulfill a more effective and responsible role to meet the basic human needs and to engender respect for the human dignity of the homeless. **(b) Purpose** It is the purpose of this chapter— (1) to establish the United States Interagency Council on Homelessness; (2) to use public resources and programs in a more coordinated manner to meet the critically urgent needs of the homeless of the Nation; and (3) to provide funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and ve

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11301

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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. § 11384 — Incentives for high-performing communities

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11384

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

42 U.S.C. § 11386d — Matching funding

**(a) In general** A collaborative applicant in a geographic area in which funds are awarded under this part shall specify contributions from any source other than a grant awarded under this part, including renewal funding of projects assisted under parts C, D, and F of this subchapter as in effect before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, that shall be made available in the geographic area in an amount equal to not less than 25 percent of the funds provided to recipients in the geographic area, except that grants for leasing shall not be subject to any match requirement. **(b) Limitations on in-kind match** The cash value of services provided to the residents or clients of a project sponsor by an entity other than the project sponsor may count toward the contributions in subsection (a) only when documented by a memorandum of understanding between the project sponsor and the other entity that such services will be provided. **(c) Countable activities** The contributions required under subsection (a) may consist of— (1) funding for any eligible activity described under [section 11383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383&num=0&edition=prelim); and (2) subject to subsection (b), in-kind provision of services of any eligible activity described under [section 11383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11383&num=0&edition=prelim).

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

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