Part C—Supportive Housing Program
§11381. Purpose
The purpose of the program under this part is to promote the development of supportive housing and supportive services, including innovative approaches to assist homeless persons in the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible.
(
Prior Provisions
A prior section 11381,
Transitional Provision
Section 1403(b) of
Demonstration Projects To Reduce Number of Homeless Families in Welfare Hotels
§11382. Definitions
For purposes of this part:
(1) The term "applicant" means a State, metropolitan city, urban county, governmental entity, private nonprofit organization, or community mental health association that is a public nonprofit organization, that is eligible to receive assistance under this part and submits an application under
(2) The term "disability" means—
(A) a disability as defined in
(B) to be determined to have, pursuant to regulations issued by the Secretary, a physical, mental, or emotional impairment which (i) is expected to be of long-continued and indefinite duration, (ii) substantially impedes an individual's ability to live independently, and (iii) of such a nature that such ability could be improved by more suitable housing conditions,
(C) a developmental disability as defined in
(D) the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agency for acquired immunodeficiency syndrome.
Subparagraph (D) shall not be construed to limit eligibility under subparagraphs (A) through (C) or the provisions referred to in subparagraphs (A) through (C).
(3) Repealed.
(4) The term "metropolitan city" has the meaning given the term in
(5) The term "operating costs" means expenses incurred by a recipient operating supportive housing under this part with respect to—
(A) the administration, maintenance, repair, and security of such housing;
(B) utilities, fuel, furnishings, and equipment for such housing; and
(C) the conducting of the assessment under
(6) The term "outpatient health services" means outpatient health care, outpatient mental health services, outpatient substance abuse services, and case management.
(7) The term "private nonprofit organization" means an organization—
(A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;
(B) that has a voluntary board;
(C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Secretary; and
(D) that practices nondiscrimination in the provision of assistance.
(8) The term "project" means a structure or structures (or a portion of such structure or structures) that is acquired, rehabilitated, constructed, or leased with assistance provided under this part or with respect to which the Secretary provides technical assistance or annual payments for operating costs under this part, or supportive services.
(9) The term "recipient" means any governmental or nonprofit entity that receives assistance under this part.
(10) The term "Secretary" means the Secretary of Housing and Urban Development.
(11) 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, and Palau.
(12) The term "supportive housing" means a project that meets the requirements of
(13) The term "supportive services" means services under
(14) The term "urban county" has the meaning given the term in
(
Prior Provisions
A prior section 11382,
Amendments
1996—Par. (1).
Par. (3).
Effective Date of 1996 Amendment
Amendment by
Amendment by
§11383. Eligible activities
(a) In general
The Secretary may provide any project with one or more of the following types of assistance under this part:
(1) Acquisition and rehabilitation
A grant, in an amount not to exceed $200,000, for the acquisition, rehabilitation, or acquisition and rehabilitation, of an existing structure (including a small commercial property or office space) to provide supportive housing other than emergency shelter or to provide supportive services; except that the Secretary may increase the dollar limitation under this sentence to not more than $400,000 for areas that the Secretary finds have high acquisition and rehabilitation costs. The repayment of any outstanding debt owed on a loan made to purchase an existing structure shall be considered to be a cost of acquisition eligible for a grant under this paragraph if the structure was not used as supportive housing, or to provide supportive services, before the receipt of assistance.
(2) New construction
A grant, in an amount not to exceed $400,000, for new construction of a structure to provide supportive housing.
(3) Leasing
A grant for leasing of an existing structure or structures, or portions thereof, to provide supportive housing or supportive services during the period covered by the application. Grant recipients may reapply for such assistance as needed to continue the use of such structure for purposes of this part.
(4) Operating costs
Annual payments for operating costs of housing assisted under this part, not to exceed 75 percent of the annual operating costs of such housing. Grant recipients may reapply for such assistance as needed to continue the use of the housing for purposes of this part.
(5) Supportive services
A grant for costs of supportive services provided to homeless individuals. Any recipient, including program recipients under this subchapter before October 28, 1992, may reapply for such assistance or for the renewal of such assistance to continue services funded under prior grants or to provide other services.
(6) Technical assistance
Technical assistance in carrying out the purposes of this part.
(b) Use restrictions
(1) Acquisition, rehabilitation, and new construction
Projects assisted under subsection (a)(1) or (2) of this section shall be operated for not less than 20 years for the purpose specified in the application.
(2) Other assistance
Projects assisted under subsection (a)(3), (4), (5), or (6) of this section (but not under subsection (a)(1) or (2) of this section) shall be operated for the purposes specified in the application for the duration of the period covered by the grant.
(3) Conversion
If the Secretary determines that a project is no longer needed for use as supportive housing and approves the use of the project for the direct benefit of low-income persons pursuant to a request for such use by the recipient operating the project, the Secretary may authorize the recipient to convert the project to such use.
(c) Repayment of assistance and prevention of undue benefits
(1) Repayment
The Secretary shall require recipients to repay 100 percent of any assistance received under subsection (a)(1) or (2) of this section if the project ceases to be used as supportive housing within 10 years after the project is placed in service. If such project is used as supportive housing for more than 10 years, the Secretary shall reduce the percentage of the amount required to be repaid by 10 percentage points for each year in excess of 10 that the project is used as supportive housing.
(2) Prevention of undue benefits
Except as provided in paragraph (3), upon any sale or other disposition of a project assisted under subsection (a)(1) or (2) of this section occurring before the expiration of the 20-year period beginning on the date that the project is placed in service, the recipient shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient from unduly benefiting from such sale or disposition.
(3) Exception
A recipient shall not be required to comply with the terms and conditions prescribed under paragraphs (1) and (2) if the sale or disposition of the project results in the use of the project for the direct benefit of very low-income persons or if all of the proceeds are used to provide supportive housing meeting the requirements of this part.
(
Prior Provisions
A prior section 11383,
Section Referred to in Other Sections
This section is referred to in
§11384. Supportive housing
(a) In general
Housing providing supportive services for homeless individuals shall be considered supportive housing for purposes of this part if—
(1) the housing is safe and sanitary and meets any applicable State and local housing codes and licensing requirements in the jurisdiction in which the housing is located; and
(2) the housing—
(A) is transitional housing;
(B) is permanent housing for homeless persons with disabilities; or
(C) is, or is part of, a particularly innovative project for, or alternative methods of, meeting the immediate and long-term needs of homeless individuals and families.
(b) Transitional housing
For purposes of this section, the term "transitional housing" means housing, the purpose of which is to facilitate the movement of homeless individuals and families to permanent housing within 24 months or such longer period as the Secretary determines necessary. The Secretary may deny assistance for housing based on a violation of this subsection only if the Secretary determines that a substantial number of homeless individuals or families have remained in the housing longer than such period.
(c) Permanent housing for homeless persons with disabilities
For purposes of this section, the term "permanent housing for homeless persons with disabilities" means community-based housing for homeless persons with disabilities that provides long-term housing and supportive services for not more than—
(1) 8 such persons in a single structure or contiguous structures;
(2) 16 such persons, but only if not more than 20 percent of the units in a structure are designated for such persons; or
(3) more than 16 persons if the applicant demonstrates that local market conditions dictate the development of a large project and such development will achieve the neighborhood integration objectives of the program within the context of the affected community.
(d) Single room occupancy dwellings
A project may provide supportive housing or supportive services in dwelling units that do not contain bathrooms or kitchen facilities and are appropriate for use as supportive housing or in projects containing some or all such dwelling units.
(
Prior Provisions
A prior section 11384,
Section Referred to in Other Sections
This section is referred to in
§11385. Supportive services
(a) In general
To the extent practicable, each project shall provide supportive services for residents of the project and homeless persons using the project, which may be designed by the recipient or participants.
(b) Requirements
Supportive services provided in connection with a project shall address the special needs of individuals (such as homeless persons with disabilities and homeless families with children) intended to be served by a project.
(c) Services
Supportive services may include such activities as (A) establishing and operating a child care services program for homeless families, (B) establishing and operating an employment assistance program, (C) providing outpatient health services, food, and case management, (D) providing assistance in obtaining permanent housing, employment counseling, and nutritional counseling, (E) providing security arrangements necessary for the protection of residents of supportive housing and for homeless persons using the housing or project, (F) providing assistance in obtaining other Federal, State, and local assistance available for such residents (including mental health benefits, employment counseling, and medical assistance, but not including major medical equipment), and (G) providing other appropriate services.
(d) Provision of services
Services provided pursuant to this section may be provided directly by the recipient or by contract with other public or private service providers. Such services may be provided to homeless individuals who do not reside in supportive housing.
(e) Coordination with Secretary of Health and Human Services
(1) Approval
Promptly upon receipt of any application for assistance under this part that includes the provision of outpatient health services, the Secretary of Housing and Urban Development shall consult with the Secretary of Health and Human Services with respect to the proposed outpatient health services. If, within 45 days of such consultation, the Secretary of Health and Human Services determines that the proposal for delivery of the outpatient health services does not meet guidelines for determining the appropriateness of such proposed services, the Secretary of Housing and Urban Development may require resubmission of the application, and the Secretary of Housing and Urban Development may not approve such portion of the application unless and until such portion has been resubmitted in a form that the Secretary of Health and Human Services determines meets such guidelines.
(2) Guidelines
The Secretary of Housing and Urban Development and the Secretary of Health and Human Services shall jointly establish guidelines for determining the appropriateness of proposed outpatient health services under this section. Such guidelines shall include any provisions necessary to enable the Secretary of Housing and Urban Development to meet the time limits under this part for the final selection of applications for assistance.
(
Prior Provisions
A prior section 11385,
Section Referred to in Other Sections
This section is referred to in
§11386. Program requirements
(a) Applications
(1) Form and procedure
Applications for assistance under this part shall be submitted by applicants in the form and in accordance with the procedures established by the Secretary. The Secretary may not give preference or priority to any application on the basis that the application was submitted by any particular type of applicant entity.
(2) Contents
The Secretary shall require that applications contain at a minimum—
(A) a description of the proposed project, including the activities to be undertaken;
(B) a description of the size and characteristics of the population that would occupy the supportive housing assisted under this part;
(C) a description of the public and private resources that are expected to be made available for the project;
(D) in the case of projects assisted under section 11383(a)(1) or (2) of this title, assurances satisfactory to the Secretary that the project will be operated for not less than 20 years for the purpose specified in the application;
(E) in the case of projects assisted under this subchapter that do not receive assistance under such sections, annual assurances during the period specified in the application that the project will be operated for the purpose specified in the application for such period;
(F) a certification from the public official responsible for submitting the comprehensive housing affordability strategy under
(G) a certification that the applicant will comply with the requirements of the Fair Housing Act [
(3) Site control
The Secretary shall require that each application include reasonable assurances that the applicant will own or have control of a site for the proposed project not later than the expiration of the 12-month period beginning upon notification of an award for grant assistance, unless the application proposes providing supportive housing assisted under
(b) Selection criteria
The Secretary shall select applicants approved by the Secretary as to financial responsibility to receive assistance under this part by a national competition based on criteria established by the Secretary, which shall include—
(1) the ability of the applicant to develop and operate a project;
(2) the innovative quality of the proposal in providing a project;
(3) the need for the type of project proposed by the applicant in the area to be served;
(4) the extent to which the amount of assistance to be provided under this part will be supplemented with resources from other public and private sources;
(5) the cost-effectiveness of the proposed project;
(6) the extent to which the applicant has demonstrated coordination with other Federal, State, local, private and other entities serving homeless persons in the planning and operation of the project, to the extent practicable; and
(7) such other factors as the Secretary determines to be appropriate to carry out this part in an effective and efficient manner.
(c) Required agreements
The Secretary may not provide assistance for any project under this part unless the applicant agrees—
(1) to operate the proposed project in accordance with the provisions of this part;
(2) to conduct an ongoing assessment of the supportive services required by homeless individuals served by the project and the availability of such services to such individuals;
(3) to provide such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of supportive services to the residents and users of the project;
(4) to monitor and report to the Secretary on the progress of the project;
(5) to develop and implement procedures to ensure (A) the confidentiality of records pertaining to any individual provided family violence prevention or treatment services through any project assisted under this part, and (B) that the address or location of any family violence shelter project assisted under this part will not be made public, except with written authorization of the person or persons responsible for the operation of such project;
(6) to the maximum extent practicable, to involve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating the project assisted under this part and in providing supportive services for the project; and
(7) to comply with such other terms and conditions as the Secretary may establish to carry out this part in an effective and efficient manner.
(d) Occupancy charge
Each homeless individual or family residing in a project providing supportive housing may be required to pay an occupancy charge in an amount determined by the recipient providing the project, which may not exceed the amount determined under
(e) Matching funding
Each recipient shall be required to supplement the amount of assistance provided under paragraphs (1) and (2) of
(f) Flood protection standards
Flood protection standards applicable to housing acquired, rehabilitated, constructed, or assisted under this part shall be no more restrictive than the standards applicable under Executive Order No. 11988 (May 24, 1977) to the other programs under this subchapter.
(g) Participation of homeless individuals
The Secretary shall, by regulation, require each recipient to provide for the participation of not less than 1 homeless individual or former homeless individual on the board of directors or other equivalent policymaking entity of the recipient, to the extent that such entity considers and makes policies and decisions regarding any project, supportive services, or assistance provided under this part. The Secretary may grant waivers to applicants unable to meet the requirement under the preceding sentence if the applicant agrees to otherwise consult with homeless or formerly homeless individuals in considering and making such policies and decisions.
(h) Limitation on use of funds
No assistance received under this part (or any State or local government funds used to supplement such assistance) may be used to replace other State or local funds previously used, or designated for use, to assist homeless persons.
(i) Limitation on administrative expenses
No recipient may use more than 5 percent of a grant received under this part for administrative purposes.
(j) Termination of assistance
If an individual or family who receives assistance under this part (not including residents of an emergency shelter) from a recipient violates program requirements, the recipient may terminate assistance in accordance with a formal process established by the recipient that recognizes the rights of individuals receiving such assistance to due process of law, which may include a hearing.
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References in Text
The Fair Housing Act, referred to in subsec. (a)(2)(G), is title VIII of
The Civil Rights Act of 1964, referred to in subsec. (a)(2)(G), is
The Age Discrimination Act of 1975, referred to in subsec. (a)(2)(G), is title III of
Executive Order No. 11988, referred to in subsec. (f), is set out as a note under
Prior Provisions
A prior section 11386,
Section Referred to in Other Sections
This section is referred to in
§11387. Regulations
Not later than the expiration of the 90-day period beginning on October 28, 1992, the Secretary shall issue interim regulations to carry out this part, which shall take effect upon issuance. The Secretary shall issue final regulations to carry out this part after notice and opportunity for public comment regarding the interim regulations, pursuant to the provisions of
(
Prior Provisions
A prior section 11387,
§11388. Reports to Congress
The Secretary shall submit a report to the Congress annually, summarizing the activities carried out under this part and setting forth the findings, conclusions, and recommendations of the Secretary as a result of the activities. The report shall be submitted not later than 4 months after the end of each fiscal year (except that, in the case of fiscal year 1993, the report shall be submitted not later than 6 months after the end of the fiscal year).
(
Prior Provisions
A prior section 11388,
§11389. Authorization of appropriations
(a) Authorization of appropriations
There are authorized to be appropriated to carry out this part $204,000,000 for fiscal year 1993 and $212,568,000 for fiscal year 1994.
(b) Set-asides
Of any amounts appropriated to carry out this part—
(1) not less than 25 percent shall be allocated to projects designed primarily to serve homeless families with children;
(2) not less than 25 percent shall be allocated to projects designed primarily to serve homeless persons with disabilities; and
(3) not less than 10 percent shall be allocated for use only for providing supportive services under
(c) Reallocations
If, following the receipt of applications for the final funding round under this part for any fiscal year, any amount set aside for assistance pursuant to subsection (b) of this section will not be required to fund the approvable applications submitted for such assistance, the Secretary shall reallocate such amount for other assistance pursuant to this part.
(