View all text of Part B [§ 11371 - § 11378]
§ 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
(f) Funding cap waiver authority
(1) In general
(2) Waiver request
(A) In general
A recipient seeking a waiver described in paragraph (1) shall submit to the Secretary a waiver request that includes not more than the following:
(i) A demonstration of local needs and circumstances that necessitate a waiver.
(ii) A detailed plan for how the recipient intends to use funds.
(iii) A justification for how the proposed use of funds supports the most recent Consolidated Plan submitted by the recipient.
(iv) Any public input solicited under subparagraph (B)(ii).
(B) Notification
Each recipient shall—
(i) notify all subrecipients and local Continuums of Care that serve the recipient’s geographic area of the availability of waivers under this subsection; and
(ii) prior to the submission of a waiver request under subparagraph (A), solicit public input regarding the potential need for and proposed uses of such waiver.
(C) Approval; publication
The Secretary shall—
(i) make all waiver requests submitted under subparagraph (A) publicly available on the website of the Department of Housing and Urban Development;
(ii) not later than 60 days after the date on which the Secretary receives a waiver request under subparagraph (A), approve or deny the request; and
(iii) deny any waiver request submitted under subparagraph (A) by a recipient that relocates or threaten 1
1 So in original. Probably should be “threatens”.
to relocate individuals or their property without providing emergency shelter, rapid rehousing, transitional housing, permanent supportive housing, or other permanent housing options.(3) Revocation
(A) In general
(B) Notification
If a recipient intends to revoke a waiver under subparagraph (A), the recipient shall—
(i) solicit input from subrecipients regarding the revocation before submitting the revocation; and
(ii) provide subrecipients with a summary of the input and the justification for the revocation in its submittal prior to notifying the Secretary in writing.
(C) Publication
(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; Pub. L. 119–101, title V, § 503, July 11, 2026, 140 Stat. 928.)