Collapse to view only § 11371. Definitions
- § 11371. Definitions
- § 11372. Grant assistance
- § 11372a. Amount and allocation of assistance
- § 11373. Allocation and distribution of assistance
- § 11374. Eligible activities
- § 11375. Responsibilities of recipients
- § 11376. Administrative provisions
- § 11377. Repealed.
- § 11378. Administrative costs
§ 11371. DefinitionsFor purposes of this part:
(1) The term “local government” means a unit of general purpose local government.
(2) The term “locality” means the geographical area within the jurisdiction of a local government.
(3) The term “metropolitan city” has the meaning given such term in section 5302 of this title.
(4) The term “operating costs” means expenses incurred by a recipient operating a facility assisted under this part with respect to—
(A) the administration, maintenance, repair, and security of such housing; and
(B) utilities, fuels, furnishings, and equipment for such housing.
(5) The term “private nonprofit organization” means a secular or religious organization described in section 501(c) of title 26 that is exempt from taxation under subtitle A of title 26, has an accounting system and a voluntary board, and practices nondiscrimination in the provision of assistance.
(6) The term “recipient” means any governmental or private nonprofit entity that is approved by the Secretary as to financial responsibility.
(7) The term “Secretary” means the Secretary of Housing and Urban Development.
(8) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(9) The term “urban county” has the meaning given such term in section 5302 of this title.
(Pub. L. 100–77, title IV, § 411, July 22, 1987, 101 Stat. 495; Pub. L. 101–625, title VIII, § 832(f)(1), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(1), Oct. 26, 1996, 110 Stat. 4044.)
§ 11372. Grant assistance
The Secretary shall make grants to States and local governments (and to private nonprofit organizations providing assistance to persons experiencing homelessness or at risk of homelessness, in the case of grants made with reallocated amounts) for the purpose of carrying out activities described in section 11374 of this title.
(Pub. L. 100–77, title IV, § 412, as added Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678.)
§ 11372a. Amount and allocation of assistance
(a) In general
(b) Allocation
(Pub. L. 100–77, title IV, § 413, as added Pub. L. 111–22, div. B, title II, § 1201(4), May 20, 2009, 123 Stat. 1678.)
§ 11373. Allocation and distribution of assistance
(a) In general
(b) Minimum allocation requirement
(c) Distributions to nonprofit organizations, public housing agencies, and local redevelopment authorities
(d) Reallocation of funds
(1) The Secretary shall, not less than once during each fiscal year, reallocate any assistance provided under this part that is unused or returned or that becomes available under subsection (b).
(2) If a city or county eligible for a grant under subsection (a) fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if the State has obtained approval of its comprehensive plan. Any amounts that cannot be allocated to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(3) If a State fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the State would have received shall be reallocated to other States and to cities and counties as applicable, that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(e) Allocations to territories
(Pub. L. 100–77, title IV, § 414, formerly § 413, July 22, 1987, 101 Stat. 496; Pub. L. 100–628, title IV, § 421, Nov. 7, 1988, 102 Stat. 3231; Pub. L. 101–625, title VIII, § 832(f)(3)–(5), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(3), Oct. 26, 1996, 110 Stat. 4044; renumbered § 414 and amended Pub. L. 111–22, div. B, title II, § 1201(3), (5), May 20, 2009, 123 Stat. 1678, 1679; Pub. L. 114–94, div. G, title LXXIX, § 79002, Dec. 4, 2015, 129 Stat. 1792; Pub. L. 114–201, title IV, § 402, July 29, 2016, 130 Stat. 808.)
§ 11374. Eligible activities
(a) In generalAssistance provided under section 11372 of this title may be used for the following activities:
(1) The renovation, major rehabilitation, or conversion of buildings to be used as emergency shelters.
(2) The provision of essential services related to emergency shelter or street outreach, including services concerned with employment, health, education, family support services for homeless youth, substance abuse services, victim services, or mental health services, if—
(A) such essential services have not been provided by the local government during any part of the immediately preceding 12-month period or the Secretary determines that the local government is in a severe financial deficit; or
(B) the use of assistance under this part would complement the provision of those essential services.
(3) Maintenance, operation, insurance, provision of utilities, and provision of furnishings related to emergency shelter.
(4) Provision of rental assistance to provide short-term or medium-term housing to homeless individuals or families or individuals or families at risk of homelessness. Such rental assistance may include tenant-based or project-based rental assistance.
(5) Housing relocation or stabilization services for homeless individuals or families or individuals or families at risk of homelessness, including housing search, mediation or outreach to property owners, legal services, credit repair, providing security or utility deposits, utility payments, rental assistance for a final month at a location, assistance with moving costs, or other activities that are effective at—
(A) stabilizing individuals and families in their current housing; or
(B) quickly moving such individuals and families to other permanent housing.
(b) Maximum allocation for emergency shelter activitiesA grantee of assistance provided under section 11372 of this title for any fiscal year may not use an amount of such assistance for activities described in paragraphs (1) through (3) of subsection (a) that exceeds the greater of—
(1) 60 percent of the aggregate amount of such assistance provided for the grantee for such fiscal year; or
(2) the amount expended by such grantee for such activities during fiscal year 1
1 So in original. Probably should be “the fiscal year”.
most recently completed before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009.(Pub. L. 100–77, title IV, § 415, as added Pub. L. 111–22, div. B, title II, § 1202, May 20, 2009, 123 Stat. 1679.)
§ 11375. Responsibilities of recipients
(a) Matching amounts
(1) Except as provided in paragraph (2), each recipient under this part shall be required to supplement the assistance provided under this part with an equal amount of funds from sources other than this part. Each recipient shall certify to the Secretary its compliance with this paragraph, and shall include with such certification a description of the sources and amounts of such supplemental funds.
(2) Each recipient under this part that is a State shall be required to supplement the assistance provided under this part with an amount of funds from sources other than this part equal to the difference between the amount received under this part and $100,000. If the amount received by the State is $100,000 or less, the State may not be required to supplement the assistance provided under this part.
(3) In calculating the amount of supplemental funds provided by a recipient under this part, a recipient may include the value of any donated material or building, the value of any lease on a building, any salary paid to staff to carry out the program of the recipient, and the value of the time and services contributed by volunteers to carry out the program of the recipient at a rate determined by the Secretary.
(b) Administration of assistance
(c) Certifications on use of assistanceEach recipient shall certify to the Secretary that—
(1) it will—
(A) in the case of assistance involving major rehabilitation or conversion, maintain any building for which assistance is used under this part as a shelter for homeless individuals and families for not less than a 10-year period;
(B) in the case of assistance involving rehabilitation (other than major rehabilitation or conversion), maintain any building for which assistance is used under this part as a shelter for homeless individuals and families for not less than a 3-year period; or
(C) in the case of assistance involving solely activities described in paragraphs (2) and (3) of section 11374(a) 1
1 See References in Text note below.
of this title, provide services or shelter to homeless individuals and families for the period during which such assistance is provided, without regard to a particular site or structure as long as the same general population is served;(2) any renovation carried out with assistance under this part shall be sufficient to ensure that the building involved is safe and sanitary;
(3) it will assist homeless individuals in obtaining—
(A) appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living; and
(B) other Federal, State, local, and private assistance available for such individuals;
(4) in the case of a recipient that is a State, it will obtain any matching amounts required under subsection (a) in a manner so that local governments, agencies, and local nonprofit organizations receiving assistance from the grant that are least capable of providing the recipient State with such matching amounts receive the benefit of the $100,000 subtrahend under subsection (a)(2);
(5) it will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under this part and that the address or location of any family violence shelter project assisted under this part will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public;
(6) activities undertaken by the recipient with assistance under this part are consistent with any housing strategy submitted by the grantee in accordance with section 12705 of this title; and
(7) to the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this part, in providing services assisted under this part, and in providing services for occupants of facilities assisted under this part.
(d) Participation of homeless individuals
(e) Termination of assistance
(f) Participation in HMIS
(Pub. L. 100–77, title IV, § 416, formerly § 415, July 22, 1987, 101 Stat. 497; Pub. L. 100–628, title IV, § 424, Nov. 7, 1988, 102 Stat. 3232; Pub. L. 101–625, title VIII, § 832(e)(1), (2), (h), Nov. 28, 1990, 104 Stat. 4360, 4362; Pub. L. 102–550, title XIV, § 1402(b)–(d), Oct. 28, 1992, 106 Stat. 4012, 4013; Pub. L. 104–330, title V, § 506(a)(5), Oct. 26, 1996, 110 Stat. 4044; renumbered § 416 and amended Pub. L. 111–22, div. B, title II, §§ 1201(3), 1203, May 20, 2009, 123 Stat. 1678, 1680.)
§ 11376. Administrative provisions
(a) Regulations
(b) Initial allocation of assistance
(c) Minimum standards of habitability
(Pub. L. 100–77, title IV, § 417, formerly § 416, July 22, 1987, 101 Stat. 498; Pub. L. 101–625, title VIII, § 832(f)(7), (g), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(6), Oct. 26, 1996, 110 Stat. 4044; renumbered § 417, Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678.)
§ 11377. Repealed. Pub. L. 111–22, div. B, title II, § 1201(2), May 20, 2009, 123 Stat. 1678
§ 11378. Administrative costs
A recipient may use up to 7.5 percent of any annual grant received under this part for administrative purposes. A recipient State shall share the amount available for administrative purposes pursuant to the preceding sentence with local governments funded by the State.
(Pub. L. 100–77, title IV, § 418, as added Pub. L. 101–625, title VIII, § 832(b)(1), Nov. 28, 1990, 104 Stat. 4359; amended Pub. L. 111–22, div. B, title II, § 1204, May 20, 2009, 123 Stat. 1680.)