Title 42 — The Public Health and WelfareRelease 119-73
§11382 Continuum of care applications and grants
Title 42 › Chapter CHAPTER 119— - HOMELESS ASSISTANCE › Subchapter SUBCHAPTER IV— - HOUSING ASSISTANCE › Part Part C— - Continuum of Care Program › § 11382
Summary
The Secretary must award competitive grants to pay for eligible homeless projects, using the program’s selection rules (see section 11386a). Grants can go directly to project sponsors or to unified funding agencies. The Secretary must post a notice that money is available no later than 3 months after Congress passes the HUD appropriations act for that year. To get a grant, applicants in a local area must apply when and how the Secretary asks and give enough information to show they meet the program rules and to set local funding priorities. The Secretary will announce the grants within 5 months after the application deadline, except for up to 2 years after the HEARTH Act’s effective date when the deadline for announcing grants is 6 months. After grants are announced, recipients generally have 9 months to meet conditions needed to obligate the funds (like site control, matching money, and environmental reviews). Projects that buy, fix up, or build housing have 24 months to meet those conditions. The Secretary can extend these deadlines for compelling reasons outside the recipient’s control. Once a recipient meets the conditions, the Secretary must obligate the funds within 45 days. Recipients must give money to project sponsors in advance and must send a requested payment to a sponsor within 45 days of the request. The Secretary may set a deadline by which grant funds must be fully spent, but not earlier than 24 months after the funds are obligated for certain activities; unspent funds will be taken back and reallocated, preferably in the same area. The Secretary may renew a project’s funding for up to 1 year and must adjust leasing, operating, or rental assistance payments for permanent housing when fair market rents rise. If more than one collaborative applicant applies for the same area, the highest-scoring applicant wins. The Secretary must have a timely appeal process that lets project operators and other applicants appeal award decisions. A solo applicant may apply and be funded if the Secretary finds they tried to join the local continuum but were not allowed to participate reasonably. Collaborative applicants may use up to 10 percent of their funds for certain homeless children, youth, and families defined under other federal laws only if they show it is as high a priority or more cost effective; that 10 percent limit does not apply where local homelessness is less than one-tenth of 1 percent of the population. Those families and youth can only be served under that 10 percent rule and are not otherwise treated as homeless under this part, though they may qualify as “at risk” where appropriate.
Full Legal Text
Title 42, §11382
The Public Health and Welfare — Source: USLM XML via OLRC
(a)The Secretary shall award grants, on a competitive basis, and using the selection criteria described in section 11386a of this title, to carry out eligible activities under this part for projects that meet the program requirements under section 11386 of this title, either by directly awarding funds to project sponsors or by awarding funds to unified funding agencies.
(b)The Secretary shall release a notification of funding availability for grants awarded under this part for a fiscal year not later than 3 months after the date of the enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for such fiscal year.
(c)(1)To be eligible to receive a grant under subsection (a), a project sponsor or unified funding agency in a geographic area shall submit an application to the Secretary at such time and in such manner as the Secretary may require, and containing such information as the Secretary determines necessary—
(A)to determine compliance with the program requirements and selection criteria under this part; and
(B)to establish priorities for funding projects in the geographic area.
(2)(A)Except as provided in subparagraph (B), the Secretary shall announce, within 5 months after the last date for the submission of applications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year.
(B)For a period of up to 2 years beginning after the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall announce, within 6 months after the last date for the submission of applications described in this subsection for a fiscal year, the grants conditionally awarded under subsection (a) for that fiscal year.
(d)(1)(A)Not later than 9 months after the announcement referred to in subsection (c)(2), each recipient or project sponsor shall meet all requirements for the obligation of those funds, including site control, matching funds, and environmental review requirements, except as provided in subparagraphs (B) and (C).
(B)Not later than 24 months after the announcement referred to in subsection (c)(2), each recipient or project sponsor seeking the obligation of funds for acquisition of housing, rehabilitation of housing, or construction of new housing for a grant announced under subsection (c)(2) shall meet all requirements for the obligation of those funds, including site control, matching funds, and environmental review requirements.
(C)At the discretion of the Secretary, and in compelling circumstances, the Secretary may extend the date by which a recipient or project sponsor shall meet the requirements described in subparagraphs (A) and (B) if the Secretary determines that compliance with the requirements was delayed due to factors beyond the reasonable control of the recipient or project sponsor. Such factors may include difficulties in obtaining site control for a proposed project, completing the process of obtaining secure financing for the project, obtaining approvals from State or local governments, or completing the technical submission requirements for the project.
(2)Not later than 45 days after a recipient or project sponsor meets the requirements described in paragraph (1), the Secretary shall obligate the funds for the grant involved.
(3)A recipient that receives funds through such a grant—
(A)shall distribute the funds to project sponsors (in advance of expenditures by the project sponsors); and
(B)shall distribute the appropriate portion of the funds to a project sponsor not later than 45 days after receiving a request for such distribution from the project sponsor.
(4)The Secretary may establish a date by which funds made available through a grant announced under subsection (c)(2) for a homeless assistance project shall be entirely expended by the recipient or project sponsors involved. The date established under this paragraph shall not occur before the expiration of the 24-month period beginning on the date that funds are obligated for activities described under paragraphs 11 So in original. Probably should be “paragraph”. (1) or (2) of section 11383(a) of this title. The Secretary shall recapture the funds not expended by such date. The Secretary shall reallocate the funds for another homeless assistance and prevention project that meets the requirements of this part to be carried out, if possible and appropriate, in the same geographic area as the area served through the original grant.
(e)The Secretary may renew funding for a specific project previously funded under this part that the Secretary determines meets the purposes of this part, and was included as part of a total application that met the criteria of subsection (c), even if the application was not selected to receive grant assistance. The Secretary may renew the funding for a period of not more than 1 year, and under such conditions as the Secretary determines to be appropriate.
(f)When providing renewal funding for leasing, operating costs, or rental assistance for permanent housing, the Secretary shall make adjustments proportional to increases in the fair market rents in the geographic area.
(g)If more than 1 collaborative applicant applies for funds for a geographic area, the Secretary shall award funds to the collaborative applicant with the highest score based on the selection criteria set forth in section 11386a of this title.
(h)(1)The Secretary shall establish a timely appeal procedure for grant amounts awarded or denied under this part pursuant to a collaborative application or solo application for funding.
(2)The Secretary shall ensure that the procedure permits appeals submitted by entities carrying out homeless housing and services projects (including emergency shelters and homelessness prevention programs), and all other applicants under this part.
(i)A solo applicant may submit an application to the Secretary for a grant under subsection (a) and be awarded such grant on the same basis as such grants are awarded to other applicants based on the criteria described in section 11386a of this title, but only if the Secretary determines that the solo applicant has attempted to participate in the continuum of care process but was not permitted to participate in a reasonable manner. The Secretary may award such grants directly to such applicants in a manner determined to be appropriate by the Secretary.
(j)(1)A collaborative applicant may use not more than 10 percent of funds awarded under this part (continuum of care funding) for any of the types of eligible activities specified in paragraphs (1) through (7) of section 11383(a) of this title to serve families with children and youth defined as homeless under other Federal statutes, or homeless families with children and youth defined as homeless under section 11302(a)(6) of this title, but only if the applicant demonstrates that the use of such funds is of an equal or greater priority or is equally or more cost effective in meeting the overall goals and objectives of the plan submitted under section 11386a(b)(1)(B) of this title, especially with respect to children and unaccompanied youth.
(2)The 10 percent limitation under paragraph (1) shall not apply to collaborative applicants in which the rate of homelessness, as calculated in the most recent point in time count, is less than one-tenth of 1 percent of total population.
(3)(A)Notwithstanding section 11302(a) of this title and subject to subparagraph (B), funds awarded under this part may be used for eligible activities to serve unaccompanied youth and homeless families and children defined as homeless under section 11302(a)(6) of this title only pursuant to paragraph (1) of this subsection and such families and children shall not otherwise be considered as homeless for purposes of this part.
(B)Subparagraph (A) may not be construed to prevent any unaccompanied youth and homeless families and children defined as homeless under section 11302(a)(6) of this title from qualifying for, and being treated for purposes of this part as, at risk of homelessness or from eligibility for any projects, activities, or services carried out using amounts provided under this part for which individuals or families that are at risk of homelessness are eligible.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The
Effective Date
under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (c)(2)(B), is the
Effective Date
under section 1503 of title V of div. B of Pub. L. 111–22, set out as an
Effective Date
of 2009 Amendment note under section 11302 of this title.
Prior Provisions
A prior section 11382, Pub. L. 100–77, title IV, § 422, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4014; amended Pub. L. 104–330, title V, § 506(a)(7), Oct. 26, 1996, 110 Stat. 4044; Pub. L. 106–402, title IV, § 401(b)(14), Oct. 30, 2000, 114 Stat. 1740, which defined terms for purposes of this part, was repealed by Pub. L. 111–22, div. B, title III, § 1301(2),
May 20, 2009, 123 Stat. 1680. Another prior section 11382, Pub. L. 100–77, title IV, § 422,
July 22, 1987, 101 Stat. 499; Pub. L. 100–242, title V, § 570(i)(1), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 100–628, title IV, §§ 441(a), 442(a), (b)(1), 443, 444, Nov. 7, 1988, 102 Stat. 3232, 3233; Pub. L. 101–625, title VIII, § 833(b), (k)(1), Nov. 28, 1990, 104 Stat. 4362, 4364, which defined terms for purposes of the supportive housing demonstration program, was repealed by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013.
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. Homeless Assistance Grants Pub. L. 116–260, div. Q, title I, § 104, Dec. 27, 2020, 134 Stat. 2170, provided that: “(a) Renewal of Continuum of Care Projects.—In allocating and awarding amounts provided for the Continuum of Care program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.), the Secretary of Housing and Urban Development shall renew for one 12-month period, without additional competition, all projects with existing grants expiring during calendar year 2021, including youth homelessness demonstration projects and shelter plus care projects expiring during calendar year 2021, notwithstanding any inconsistent provisions in subtitle C of title IV of the McKinney-Vento Homeless Assistance Act or any other Act. “(b) Planning and Unified Funding Agency Awards.—Continuum of Care planning and Unified Funding Agency awards expiring in calendar year 2021 may also be renewed and the Continuum of Care may designate a new collaborative applicant to receive the award in accordance with the existing process established by the Secretary of Housing and Urban Development. “(c) Notice.—The Secretary of Housing and Urban Development shall publish a notice that identifies and lists all projects and awards eligible for such noncompetitive renewal, prescribes the format and process by which the projects and awards from the list will be renewed, makes adjustments to the renewal amount based on changes to the fair market rent, and establishes a maximum amount for the renewal of planning and Unified Funding Agency awards notwithstanding the requirement that such maximum amount be established in a notice of funding availability.” Definition For provisions relating to definition of “local government” as used in this section, see section 100261 of Pub. L. 112–141, set out as a HEARTH Act Technical Corrections note under section 11360 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 11382
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73