42 U.S.C. § 11408 — Rural housing stability grant program

Page 8176 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11408 Another prior section 11406a, Pub. L. 100–77, title IV, § 482, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4373, which related to amount of rent- al housing assistance to be provided under shelter plus care program in connection with section 1701q of Title 12, Banks and Banking, was repealed by Pub. L. 102–550, § 1406(d)(2). Section 11406b, Pub. L. 100–77, title IV, § 483, as added Pub. L. 102–550, title XIV, § 1406(f), Oct. 28, 1992, 106 Stat. 4033, related to term of contract and amount of assist- ance. Another prior section 11406b, Pub. L. 100–77, title IV, § 483, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4373, which required that certain housing standards be maintained and reasonable rent be charged prior to provision of rental housing assist- ance under shelter plus care program, was repealed by Pub. L. 102–550, § 1406(d)(2). Section 11406c, Pub. L. 100–77, title IV, § 484, as added Pub. L. 101–625, title VIII, § 837(a), Nov. 28, 1990, 104 Stat. 4373, which related to payment of administrative fees to nonprofit entities for costs of administering rental housing assistance under shelter plus care program, was repealed by Pub. L. 102–550, § 1406(d)(2). Section 11407, Pub. L. 100–77, title IV, § 486, as added Pub. L. 102–550, title XIV, § 1406(f), Oct. 28, 1992, 106 Stat. 4033; amended Pub. L. 110–289, div. B, title VIII, § 2835(c)(1)(B), July 30, 2008, 122 Stat. 2874, authorized Secretary to use amounts made available under former section 11403h of this title in connection with the mod- erate rehabilitation of single room occupancy housing. Section 11407a, Pub. L. 100–77, title IV, § 487, as added Pub. L. 102–550, title XIV, § 1406(f), Oct. 28, 1992, 106 Stat. 4033, related to fire and safety improvements. Section 11407b, Pub. L. 100–77, title IV, § 488, as added Pub. L. 102–550, title XIV, § 1406(f), Oct. 28, 1992, 106 Stat. 4033; amended Pub. L. 110–289, div. B, title VIII, § 2835(c)(1)(B), July 30, 2008, 122 Stat. 2874, related to re- quirements for annual contribution contracts. PART D—RURAL HOUSING STABILITY ASSISTANCE PROGRAM Editorial Notes CODIFICATION Pub. L. 111–22, div. B, title IV, § 1401(1), title V, § 1502(c), May 20, 2009, 123 Stat. 1696, 1701, redesignated part G as D and substituted ‘‘Rural Housing Stability Assistance Program’’ for ‘‘Rural Homeless Housing As- sistance’’ in heading. PRIOR PROVISIONS A prior part D, consisting of sections 11391 to 11399, which related to safe havens for homeless individuals demonstration program, was repealed by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701, effec- tive 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 section 11302 of this title. See notes set out under former section 11389 of this title. Prior parts E and F, consisting of sections 11401 to 11407b, which related to miscellaneous provisions and shelter plus care program, respectively, were repealed by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701, 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. See notes set out under former section 11389 of this title. § 11408. Rural housing stability grant program (a) Establishment The Secretary of Housing and Urban Develop- ment shall establish and carry out a rural hous- ing stability grant program. In carrying out the program, the Secretary may award grants to eli- gible organizations in lieu of grants under part C in order to pay for the Federal share of the cost of— (1) rehousing or improving the housing situ- ations of individuals and families who are homeless or in the worst housing situations in the geographic area; (2) stabilizing the housing of individuals and families who are in imminent danger of losing housing; and (3) improving the ability of the lowest-in- come residents of the community to afford stable housing. (b) Use of funds (1) In general An eligible organization may use a grant awarded under subsection (a) to provide, in rural areas— (A) rent, mortgage, or utility assistance after 2 months of nonpayment in order to prevent eviction, foreclosure, or loss of util- ity service; (B) security deposits, rent for the first month of residence at a new location, and relocation assistance; (C) short-term emergency lodging in mo- tels or shelters, either directly or through vouchers; (D) construction of new housing units to provide transitional or permanent housing to homeless individuals and families and in- dividuals and families at risk of homeless- ness; (E) acquisition or rehabilitation of a struc- ture to provide supportive services or to pro- vide transitional or permanent housing, other than emergency shelter, to homeless individuals and families and individuals and families at risk of homelessness; (F) leasing of property, or portions of prop- erty, not owned by the recipient or project sponsor involved, for use in providing transi- tional or permanent housing to homeless in- dividuals and families and individuals and families at risk of homelessness, or pro- viding supportive services to such homeless and at-risk individuals and families; (G) provision of rental assistance to pro- vide transitional or permanent housing to homeless individuals and families and indi- viduals and families at risk of homelessness, such rental assistance may include tenant- based or project-based rental assistance; (H) payment of operating costs for housing units assisted under this subchapter; (I) rehabilitation and repairs such as insu- lation, window repair, door repair, roof re- pair, and repairs that are necessary to make premises habitable; (J) development of comprehensive and co- ordinated support services that use and sup- plement, as needed, community networks of services, including— (i) outreach services to reach eligible re- cipients; (ii) case management; (iii) housing counseling; (iv) budgeting; Page 8177 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11408 (v) job training and placement; (vi) primary health care; (vii) mental health services; (viii) substance abuse treatment; (ix) child care; (x) transportation; (xi) emergency food and clothing; (xii) family violence services; (xiii) education services; (xiv) moving services; (xv) entitlement assistance; and (xvi) referrals to veterans services and legal services; and (K) costs associated with making use of Federal inventory property programs to house homeless families, including the pro- gram established under subchapter V of this chapter and the Single Family Property Dis- position Program established pursuant to section 1710(g) of title 12. (2) Capacity building activities Not more than 20 percent of the funds trans- ferred under subsection (l)(1) for a fiscal year may be used by eligible organizations for ca- pacity building activities, including payment of operating costs and staff retention. (c) Award of grants (1) Communities with populations of less than 10,000 (A) Set aside In awarding grants under subsection (a) for a fiscal year, the Secretary shall make available not less than 50 percent of the funds transferred under subsection (l)(1) for the fiscal year for grants to eligible organi- zations serving communities that have popu- lations of less than 10,000. (B) Priority within set aside In awarding grants in accordance with sub- paragraph (A), the Secretary shall give pri- ority to eligible organizations serving com- munities with populations of less than 5,000. (2) Communities without significant Federal assistance In awarding grants under subsection (a), in- cluding grants awarded in accordance with paragraph (1), the Secretary shall give priority to eligible organizations serving communities not currently receiving significant Federal as- sistance under this chapter. (3) State limit In awarding grants under subsection (a) for a fiscal year, the Secretary shall not award to eligible organizations within a State an aggre- gate sum of more than 10 percent of the funds transferred under subsection (l)(1), for the fis- cal year. (d) Application In order to be eligible to receive a grant under subsection (a), an organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall include, at a minimum— (1) a description of the target population and geographic area to be served; (2) a description of the types of assistance to be provided; (3) an assurance that the assistance to be provided is closely related to the identified needs of the target population; (4) a description of the existing assistance available to the target population, including Federal, State, and local programs, and a de- scription of the manner in which the organiza- tion will coordinate with and expand existing assistance or provide assistance not available in the immediate area; (5) an agreement by the organization that the organization will collect data on the projects conducted by the organization, in- cluding assistance provided, number and char- acteristics of persons served, and causes of homelessness for persons served; (6) a description of how individuals and fami- lies who are homeless or who have the lowest incomes in the community will be involved by the organization through employment, volun- teer services, and otherwise, in providing, op- erating, and rehabilitating housing assisted under this section and in providing services assisted under this section and services for oc- cupants of housing assisted under this section; (7) a description of consultations that took place within the community to ascertain the most important uses for funding under this section, including the involvement of poten- tial beneficiaries of the project; and (8) a description of the extent and nature of homelessness and of the worst housing situa- tions in the community. (e) Eligible organizations Organizations eligible to receive a grant under subsection (a) shall include private nonprofit en- tities and county and local governments. (f) Matching funding (1) In general An organization eligible to receive a grant under subsection (a) shall specify matching contributions from any source other than a grant awarded under this part, that shall be made available in the geographic area in an amount equal to not less than 25 percent of the funds provided for the project or activity, except that grants for leasing shall not be sub- ject to any match requirement. (2) Limitations on in-kind match The cash value of services provided to the beneficiaries or clients of an eligible organiza- tion by an entity other than the organization may count toward the contributions in para- graph (1) only when documented by a memo- randum of understanding between the organi- zation and the other entity that such services will be provided. (3) Countable activities The contributions required under paragraph (1) may consist of— (A) funding for any eligible activity de- scribed under subsection (b); and (B) subject to paragraph (2), in-kind provi- sion of services of any eligible activity de- scribed under subsection (b). Page 8178 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11408 (g) Selection criteria The Secretary shall establish criteria for se- lecting recipients of grants under subsection (a), including— (1) the participation of potential bene- ficiaries of the project in assessing the need for, and importance of, the project in the com- munity; (2) the degree to which the project addresses the most harmful housing situations present in the community; (3) the degree of collaboration with others in the community to meet the goals described in subsection (a); (4) the performance of the organization in improving housing situations, taking account of the severity of barriers of individuals and families served by the organization; (5) for organizations that have previously re- ceived funding under this section, the extent of improvement in homelessness and the worst housing situations in the community since such funding began; (6) the need for such funds, as determined by the formula established under section 11386a(b)(2) of this title; and (7) any other relevant criteria as determined by the Secretary. (h) Evaluation (1) In general Not later than 18 months after funding is first made available pursuant to the amend- ments made by title IV of the Homeless Emer- gency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall con- duct an evaluation of the program to— (A) determine the effectiveness of the pro- gram in meeting the goals described in sub- section (a) in the area served; and (B) determine the types of assistance need- ed to meet the goals described in subsection (a) in rural areas. (2) Report Not later than 24 months after funding is first made available pursuant to the amend- ment made by title IV of the Homeless Emer- gency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall sub- mit to Congress the evaluation of the program conducted under paragraph (1), including rec- ommendations for any Federal administrative or legislative changes that may be necessary to improve the ability of rural communities to meet the goals described in subsection (a). (i) Technical assistance The Secretary shall provide technical assist- ance to eligible organizations in developing pro- grams in accordance with this section, and in gaining access to other Federal resources that may be used to assist homeless persons in rural areas. Such assistance may be provided through regional workshops, and may be provided di- rectly or through grants to, or contracts with, nongovernmental entities. (j) Termination of assistance If an individual or family who receives assist- ance under this section violates requirements of the assistance program provided by the organi- zation receiving a grant under this section, the organization may terminate assistance in ac- cordance with a formal process established by the organization that recognizes the rights of in- dividuals receiving such assistance to due proc- ess of law, which may include a hearing. (k) Definitions For purposes of this section: (1) Program The term ‘‘program’’ means the rural hous- ing stability grant program established under this section. (2) Rural area; rural community The terms ‘‘rural area’’ and ‘‘rural commu- nity’’ mean— (A) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; (B) any area or community, respectively, that is— (i) within an area designated as a metro- politan statistical area or considered as part of a metropolitan statistical area; and (ii) located in a county where at least 75 percent of the population is rural; or (C) any area or community, respectively, located in a State that has population den- sity of less than 30 persons per square mile (as reported in the most recent decennial census), and of which at least 1.25 percent of the total acreage of such State is under Fed- eral jurisdiction, provided that no metro- politan city (as such term is defined in sec- tion 5302 of this title) in such State is the sole beneficiary of the grant amounts award- ed under this section. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Housing and Urban Development. (l) Program funding (1) In general The Secretary shall determine the total amount of funding attributable under section 11386a(b)(2) of this title to meet the needs of any geographic area in the Nation that applies for funding under this section. The Secretary shall transfer any amounts determined under this subsection from the Community Homeless Assistance Program and consolidate such transferred amounts for grants under this sec- tion, except that the Secretary shall transfer an amount not less than 5 percent of the amount available under part C for grants under this section. Any amounts so trans- ferred and not used for grants under this sec- tion due to an insufficient number of applica- tions shall be transferred to be used for grants under part C. (2) Availability Any amount paid to a grant recipient for a fiscal year that remains unobligated at the end of the year shall remain available to the recipient for the purposes for which the pay- ment was made for the next fiscal year. The Secretary shall take such action as may be Page 8179 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11408a necessary to recover any amount not obli- gated by the recipient at the end of the second fiscal year, and shall redistribute the amount to another eligible organization. (m) Determination of funding source For any fiscal year, in addition to funds awarded under part B, funds under this sub- chapter to be used in a city or county shall only be awarded under either part C or part D. (Pub. L. 100–77, title IV, § 491, as added Pub. L. 102–550, title XIV, § 1408, Oct. 28, 1992, 106 Stat. 4035; amended Pub. L. 104–330, title V, § 506(a)(10), Oct. 26, 1996, 110 Stat. 4045; Pub. L. 111–22, div. B, title IV, § 1401(2), May 20, 2009, 123 Stat. 1696.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(2), was in the original ‘‘this Act’’, meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. Title IV of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (h), is title IV of div. B of Pub. L. 111–22, which amended this section. AMENDMENTS 2009—Pub. L. 111–22, § 1401(2)(A), substituted ‘‘Rural housing stability grant program’’ for ‘‘Rural homeless- ness grant program’’ in section catchline. Subsec. (a). Pub. L. 111–22, § 1401(2)(B)(i), (ii), sub- stituted ‘‘rural housing stability grant program’’ for ‘‘rural homelessness grant program’’ and inserted ‘‘in lieu of grants under part C’’ after ‘‘eligible organiza- tions’’ in introductory provisions. Subsec. (a)(1) to (3). Pub. L. 111–22, § 1401(2)(B)(iii), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows: ‘‘(1) assisting programs providing direct emergency assistance to homeless individuals and families; ‘‘(2) providing homelessness prevention assistance to individuals and families at risk of becoming homeless; and ‘‘(3) assisting individuals and families in obtaining access to permanent housing and supportive services.’’ Subsec. (b)(1)(D) to (K). Pub. L. 111–22, § 1401(2)(C), added subpars. (D) to (H), redesignated former subpars. (E) to (G) as (I) to (K), respectively, and struck out former subpar. (D) which read as follows: ‘‘transitional housing;’’. Subsecs. (b)(2), (c)(1)(A), (3). Pub. L. 111–22, § 1401(2)(D), (E), substituted ‘‘transferred’’ for ‘‘appro- priated’’. Subsec. (d)(6). Pub. L. 111–22, § 1401(2)(F)(ii)(I), sub- stituted ‘‘a description of how individuals and families who are homeless or who have the lowest incomes in the community will be involved by the organization’’ for ‘‘an agreement by the organization that, to the maximum extent practicable, the organization will in- volve homeless individuals and families’’. Subsec. (d)(7), (8). Pub. L. 111–22, § 1401(2)(F)(i), (ii)(II), (iii), added pars. (7) and (8). Subsecs. (f), (g). Pub. L. 111–22, § 1401(2)(G), added sub- secs. (f) and (g) and struck out former subsecs. (f) and (g) which related to the Federal share of the costs of providing assistance and participation of homeless in- dividuals, respectively. Subsec. (h)(1). Pub. L. 111–22, § 1401(2)(H)(i)–(iii), sub- stituted ‘‘Not later than 18 months after funding is first made available pursuant to the amendments made by title IV of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the’’ for ‘‘The’’ in introductory provisions, ‘‘meeting the goals de- scribed in subsection (a)’’ for ‘‘providing housing and other assistance to homeless persons’’ in subpar. (A), and ‘‘meet the goals described in subsection (a) in rural areas’’ for ‘‘address homelessness in rural areas’’ in subpar. (B). Subsec. (h)(2). Pub. L. 111–22, § 1401(2)(H)(iv), sub- stituted ‘‘Not later than 24 months after funding is first made available pursuant to the amendment made by title IV of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the’’ for ‘‘The’’, struck out ‘‘, not later than 18 months after the date on which the Secretary first makes grants under the program,’’ after ‘‘Congress’’, and substituted ‘‘meet the goals described in subsection (a)’’ for ‘‘prevent and respond to homelessness’’. Subsec. (k)(1). Pub. L. 111–22, § 1401(2)(I)(i), sub- stituted ‘‘rural housing stability grant program’’ for ‘‘rural homelessness grant program’’. Subsec. (k)(2)(B)(ii). Pub. L. 111–22, § 1401(2)(I)(ii)(II), substituted ‘‘county where at least 75 percent of the population is rural; or’’ for ‘‘rural census tract.’’ Subsec. (k)(2)(C). Pub. L. 111–22, § 1401(2)(I)(ii)(I), (III), added subpar. (C). Subsec. (l). Pub. L. 111–22, § 1401(2)(J)(i), substituted ‘‘Program funding’’ for ‘‘Authorization of appropria- tions’’ in heading. Subsec. (l)(1). Pub. L. 111–22, § 1401(2)(J)(ii), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘There are authorized to be appro- priated to carry out this section $30,000,000 for fiscal year 1993 and $31,260,000 for fiscal year 1994.’’ Subsec. (m). Pub. L. 111–22, § 1401(2)(K), added subsec. (m). 1996—Subsec. (e). Pub. L. 104–330 struck out ‘‘, Indian tribes (as such term is defined in section 5302(a) of this title),’’ after ‘‘nonprofit entities’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–22 effective on the earlier of 18 months after May 20, 2009, or 3 months after publi- cation of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as a note under section 11302 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians. Amendment by Pub. L. 104–330 applicable with re- spect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see section 506(c) of Pub. L. 104–330, set out as a note under section 11371 of this title. 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. § 11408a. Use of FMHA inventory for transitional housing for homeless persons and for turn- key housing (a) In general The Secretary of Agriculture (in this section referred to as the ‘‘Secretary’’) shall, on a pri- ority basis, lease or sell program and nonpro- gram inventory properties held by the Secretary under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]— (1) to provide transitional housing; and (2) to provide turnkey housing for tenants of such transitional housing and for eligible fam- ilies.