Title 42 — The Public Health and WelfareRelease 119-73
§11361a Preventing involuntary family separation
Title 42 › Chapter CHAPTER 119— - HOMELESS ASSISTANCE › Subchapter SUBCHAPTER IV— - HOUSING ASSISTANCE › Part Part A— - General Provisions › § 11361a
Summary
After May 20, 2011, programs getting funds to provide housing to families with children under 18 must not refuse a family because of a child’s age. Transitional housing can be limited to certain child ages only if it mainly uses a proven practice that needs that limit and the sponsor gives the assurances the Secretary requires that the whole family has an equivalent housing option.
Full Legal Text
Title 42, §11361a
The Public Health and Welfare — Source: USLM XML via OLRC
(a)After the expiration of the 2-year period that begins upon May 20, 2009, and except as provided in subsection (b), any project sponsor receiving funds under this subchapter to provide emergency shelter, transitional housing, or permanent housing to families with children under age 18 shall not deny admission to any family based on the age of any child under age 18.
(b)Notwithstanding the requirement under subsection (a), project sponsors of transitional housing receiving funds under this subchapter may target transitional housing resources to families with children of a specific age only if the project sponsor—
(1)operates a transitional housing program that has a primary purpose of implementing an evidence-based practice that requires that housing units be targeted to families with children in a specific age group; and
(2)provides such assurances, as the Secretary shall require, that an equivalent appropriate alternative living arrangement for the whole family or household unit has been secured.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification section 1103 of Pub. L. 111–22, which directed amendment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section after section 403 (as so redesignated by section 1101(2) of Pub. L. 111–22), was executed by adding this section following section 403 (42 U.S.C. 11361) of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 section 11302 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 11361a
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73