PRIA, Government Policy, Made Personal

Summary

Defines and explains key words used in this part so people know what each term means when applying for or running programs. It gives short descriptions of many words used in the rules. At risk of homelessness means a person or family with income below 30 percent of the area median, no money or resources right away to stay housed, and who faces housing problems like frequent moves for money reasons, living in someone else’s home from hardship, getting notice they must leave, living in a hotel or motel, living in severely crowded housing, leaving an institution, or other unstable housing; it also includes families with children or youth who other federal laws call homeless. Chronically homeless means a person or family who is homeless and living in places not meant for people, a safe haven, or a shelter; has been in those situations for at least 1 year straight or on at least 4 separate occasions in the last 3 years; and has an adult (or a minor if no adult) with a diagnosable substance use disorder, serious mental illness, developmental disability, PTSD, brain-injury cognitive problems, or long-term physical illness or disability (having two or more of these counts); someone in an institution fewer than 90 days is treated as chronically homeless if they met these rules before entering. Collaborative applicant is the entity that leads a group application, does required duties, and gets the grant if awarded. Collaborative application is a grant application sent by a collaborative applicant that meets the program rules. Consolidated Plan is the HUD-required housing and community development plan. Eligible entity is a public or private group, or a mix, that can directly receive grant money. Families with children and youth defined as homeless under other Federal statutes means children or youth who other federal laws call homeless and their parent(s) or guardian under certain programs. Formula area and geographic area refer to HUD definitions or combinations of states, cities, counties, towns, villages, or other areas as described in law. Homeless individual with a disability means a homeless person with a long-lasting impairment that seriously limits independent living and could improve with better housing, including physical, mental, emotional impairments (such as from alcohol or drugs, PTSD, or brain injury), developmental disabilities, or AIDS; the AIDS part does not limit the other parts. Indian Tribe and legal entity use other statutory definitions; legal entity includes 501(c)(3) nonprofits, state or local government agencies, or consortia of such agencies. Metropolitan city, urban county, and nonentitlement area are defined elsewhere. New housing means no help has been provided under this subchapter for that housing before. Operating costs are a project’s expenses for running housing, such as administration, upkeep, security, utilities, furnishings, equipment, and coordinating services. Outpatient health services means outpatient medical, mental health, and substance abuse services. Permanent housing is community-based housing with no set time limit, including supportive housing or housing without services. Personally identifying information includes a person’s full name, home or other physical address, contact details (postal, email or IP address, phone or fax), Social Security number, and any other facts like date of birth, race or religion that could identify someone when combined with other data. Private nonprofit organization must not distribute profits to insiders, must have a voluntary board, have accounting or a fiscal agent as required, and must not discriminate. Project means an eligible set of activities aimed at serving a group or providing a resource. Project-based rental assistance is a contract that pays an owner of an existing building and keeps the assisted units occupied by eligible people for the contract term. Project sponsor is the group that runs the proposed activities. Recipient is an approved eligible entity that gets the grant from HUD and either runs projects itself or gives the money to project sponsors. Secretary means the Secretary of Housing and Urban Development. Serious mental illness means a severe, long-lasting mental or emotional condition that greatly limits independent living. Solo applicant is an eligible entity that applies alone and would get the grant directly. Sponsor-based rental assistance is a contract paying an independent private organization that owns or leases units and provides those units to eligible people. State includes each state, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other U.S. territory or possession. Supportive services are services to meet project residents’ needs, such as child care, job help and training, outpatient health care, food, case management, housing and employment counseling, nutrition help, outreach, advocacy, life skills and housing search help, mental health and trauma services, victim services, help getting other federal, state, and local benefits (but not major medical equipment), legal help for benefit appeals and clearing warrants, transportation to get or keep work, health care, and other services needed to obtain and keep housing. Tenant-based assistance lets an eligible person pick a housing unit using the assistance, with limited rules early on about unit or area if needed for services, and lets victims of domestic violence, sexual assault, dating violence, or stalking move if needed to protect health or safety. Transitional housing is housing meant to help people move to permanent housing within 24 months or a longer time HUD allows. Unified funding agency is a collaborative applicant that performs certain funding duties. Underserved populations include groups underserved by location, race or ethnicity, special needs (like language barriers, disabilities, immigration status, or age), and any others the Secretary finds underserved. Victim service provider is a private nonprofit whose main mission is helping victims of domestic violence, dating violence, sexual assault, or stalking, including rape crisis centers and shelters. Victim services are the services that help those victims, provided by shelters, crisis centers, and other organizations with proven experience.

Title 42, §11360

The Public Health and Welfare, Source: USLM XML via OLRC

For purposes of this subchapter:

(1)At risk of homelessness

The term “at risk of homelessness” means, with respect to an individual or family, that the individual or family—

(A)has income below 30 percent of median income for the geographic area;

(B)has insufficient resources immediately available to attain housing stability; and

(C)(i)has moved frequently because of economic reasons;

(ii)is living in the home of another because of economic hardship;

(iii)has been notified that their right to occupy their current housing or living situation will be terminated;

(iv)lives in a hotel or motel;

(v)lives in severely overcrowded housing;

(vi)is exiting an institution; or

(vii)otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness.

Such term includes all families with children and youth defined as homeless under other Federal statutes.

(2)Chronically homeless

(A)In general

The term “chronically homeless” means, with respect to an individual or family, that the individual or family—

(i)is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter;

(ii)has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and

(iii)has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in section 15002 of this title), post traumatic stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions.

(B)Rule of construction

A person who currently lives or resides in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital or other similar facility, and has resided there for fewer than 90 days shall be considered chronically homeless if such person met all of the requirements described in subparagraph (A) prior to entering that facility.

(3)Collaborative applicant

The term “collaborative applicant” means an entity that—

(A)carries out the duties specified in section 11360a of this title;

(B)serves as the applicant for project sponsors who jointly submit a single application for a grant under part C in accordance with a collaborative process; and

(C)if the entity is a legal entity and is awarded such grant, receives such grant directly from the Secretary.

(4)Collaborative application

The term “collaborative application” means an application for a grant under part C that—

(A)satisfies section 11382 of this title; and

(B)is submitted to the Secretary by a collaborative applicant.

(5)Consolidated Plan

The term “Consolidated Plan” means a comprehensive housing affordability strategy and community development plan required in part 91 of title 24, Code of Federal Regulations.

(6)Eligible entity

The term “eligible entity” means, with respect to a part, a public entity, a private entity, or an entity that is a combination of public and private entities, that is eligible to directly receive grant amounts under such part.

(7)Families with children and youth defined as homeless under other Federal statutes

The term “families with children and youth defined as homeless under other Federal statutes” means any children or youth that are defined as “homeless” under any Federal statute other than this part, but are not defined as homeless under section 11302 of this title, and shall also include the parent, parents, or guardian of such children or youth under part B of subchapter VI this chapter (42 U.S.C. 11431 et seq.).

(8)Formula area

The term “formula area” has the meaning given the term in section 1000.302 of title 24, Code of Federal Regulations, or any successor regulation.

(9)Geographic area

The term “geographic area” means a State, metropolitan city, urban county, town, village, or other nonentitlement area, a formula area, or a combination or consortia of such, in the United States, as described in section 5306 of this title.

(10)Homeless individual with a disability

(A)In general

The term “homeless individual with a disability” means an individual who is homeless, as defined in section 11302 of this title, and has a disability that—

(i)(I)is expected to be long-continuing or of indefinite duration;

(II)substantially impedes the individual’s ability to live independently;

(III)could be improved by the provision of more suitable housing conditions; and

(IV)is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post traumatic stress disorder, or brain injury;

(ii)is a developmental disability, as defined in section 15002 of this title; or

(iii)is the disease of acquired immunodeficiency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome.

(B)Rule

Nothing in clause (iii) of subparagraph (A) shall be construed to limit eligibility under clause (i) or (ii) of subparagraph (A).

(11)Indian Tribe

The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 4103 of title 25.

(12)Legal entity

The term “legal entity” means—

(A)an entity described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title;

(B)an instrumentality of State or local government; or

(C)a consortium of instrumentalities of State or local governments that has constituted itself as an entity.

(13)Metropolitan city; urban county; nonentitlement area

The terms “metropolitan city”, “urban county”, and “nonentitlement area” have the meanings given such terms in section 5302(a) of this title.

(14)New

The term “new” means, with respect to housing, that no assistance has been provided under this subchapter for the housing.

(15)Operating costs

The term “operating costs” means expenses incurred by a project sponsor operating transitional housing or permanent housing under this subchapter with respect to—

(A)the administration, maintenance, repair, and security of such housing;

(B)utilities, fuel, furnishings, and equipment for such housing; or

(C)coordination of services as needed to ensure long-term housing stability.

(16)Outpatient health services

The term “outpatient health services” means outpatient health care services, mental health services, and outpatient substance abuse services.

(17)Permanent housing

The term “permanent housing” means community-based housing without a designated length of stay, and includes both permanent supportive housing and permanent housing without supportive services.

(18)Personally identifying information

The term “personally identifying information” means individually identifying information for or about an individual, including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, including—

(A)a first and last name;

(B)a home or other physical address;

(C)contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);

(D)a social security number; and

(E)any other information, including date of birth, racial or ethnic background, or religious affiliation, that, in combination with any other non-personally identifying information, would serve to identify any individual.

(19)Private nonprofit organization

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.

(20)Project

The term “project” means, with respect to activities carried out under part C, eligible activities described in section 11383(a) of this title, undertaken pursuant to a specific endeavor, such as serving a particular population or providing a particular resource.

(21)Project-based

The term “project-based” means, with respect to rental assistance, that the assistance is provided pursuant to a contract that—

(A)is between—

(i)the recipient or a project sponsor; and

(ii)an owner of a structure that exists as of the date the contract is entered into; and

(B)provides that rental assistance payments shall be made to the owner and that the units in the structure shall be occupied by eligible persons for not less than the term of the contract.

(22)Project sponsor (23) Recipient

The term “project sponsor” means, with respect to proposed eligible activities, the organization directly responsible for carrying out the proposed eligible activities.

(24)Secretary

The term “Secretary” means the Secretary of Housing and Urban Development.

(25)Serious mental illness

The term “serious mental illness” means a severe and persistent mental illness or emotional impairment that seriously limits a person’s ability to live independently.

(26)Solo applicant

The term “solo applicant” means an entity that is an eligible entity, directly submits an application for a grant under part C to the Secretary, and, if awarded such grant, receives such grant directly from the Secretary.

(27)Sponsor-based

The term “sponsor-based” means, with respect to rental assistance, that the assistance is provided pursuant to a contract that—

(A)is between—

(i)the recipient or a project sponsor; and

(ii)an independent entity that—

(I)is a private organization; and

(II)owns or leases dwelling units; and

(B)provides that rental assistance payments shall be made to the independent entity and that eligible persons shall occupy such assisted units.

(28)State

Except as used in part B, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.

(29)Supportive services

The term “supportive services” means services that address the special needs of people served by a project, including—

(A)the establishment and operation of a child care services program for families experiencing homelessness;

(B)the establishment and operation of an employment assistance program, including providing job training;

(C)the provision of outpatient health services, food, and case management;

(D)the provision of assistance in obtaining permanent housing, employment counseling, and nutritional counseling;

(E)the provision of outreach services, advocacy, life skills training, and housing search and counseling services;

(F)the provision of mental health services, trauma counseling, and victim services;

(G)the provision of assistance in obtaining other Federal, State, and local assistance available for residents of supportive housing (including mental health benefits, employment counseling, and medical assistance, but not including major medical equipment);

(H)the provision of legal services for purposes including requesting reconsiderations and appeals of veterans and public benefit claim denials and resolving outstanding warrants that interfere with an individual’s ability to obtain and retain housing;

(I)the provision of—

(i)transportation services that facilitate an individual’s ability to obtain and maintain employment; and

(ii)health care; and

(J)other supportive services necessary to obtain and maintain housing.

(30)Tenant-based

The term “tenant-based” means, with respect to rental assistance, assistance that—

(A)allows an eligible person to select a housing unit in which such person will live using rental assistance provided under part C, except that if necessary to assure that the provision of supportive services to a person participating in a program is feasible, a recipient or project sponsor may require that the person live—

(i)in a particular structure or unit for not more than the first year of the participation;

(ii)within a particular geographic area for the full period of the participation, or the period remaining after the period referred to in subparagraph (A); and

(B)provides that a person may receive such assistance and move to another structure, unit, or geographic area if the person has complied with all other obligations of the program and has moved out of the assisted dwelling unit in order to protect the health or safety of an individual who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted dwelling unit.

(31)Transitional housing

The term “transitional housing” means housing the purpose of which is to facilitate the movement of individuals and families experiencing homelessness to permanent housing within 24 months or such longer period as the Secretary determines necessary.

(32)Unified funding agency

The term “unified funding agency” means a collaborative applicant that performs the duties described in section 11360a(g) of this title.

(33)Underserved populations

The term “underserved populations” includes populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Secretary, as appropriate.

(34)Victim service provider

The term “victim service provider” means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. Such term includes rape crisis centers, battered women’s shelters, domestic violence transitional housing programs, and other programs.

(35)Victim services

The term “victim services” means services that assist domestic violence, dating violence, sexual assault, or stalking victims, including services offered by rape crisis centers and domestic violence shelters, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 401 of Pub. L. 100–77 was renumbered section 403 and is classified to section 11361 of this title.

Amendments

2020—Par. (8). Pub. L. 116–260, § 102(a)(1)(C), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 116–260, § 102(a)(1)(B), (D), redesignated par. (8) as (9) and inserted “a formula area,” after “nonentitlement area,”. Par. (10). Pub. L. 116–260, § 102(a)(1)(B), redesignated par. (9) as (10). Former par. (10) redesignated (12). Par. (11). Pub. L. 116–260, § 102(a)(1)(E), added par. (11). Former par. (11) redesignated (13). Pars. (12) to (35). Pub. L. 116–260, § 102(a)(1)(A), redesignated pars. (10) to (33) as (12) to (35), respectively.

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. HEARTH Act Technical Corrections Pub. L. 112–141, div. F, title II, § 100261, July 6, 2012, 126 Stat. 978, provided that: “For purposes of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.)— “(1) the term ‘local government’ includes an instrumentality of a unit of general purpose local government other than a public housing agency that is established pursuant to legislation and designated by the chief executive to act on behalf of the local government with regard to activities funded under such title IV and includes a combination of general purpose local governments, such as an association of governments, that is recognized by the Secretary of Housing and Urban Development; “(2) the term ‘State’ includes any instrumentality of any of the several States designated by the Governor to act on behalf of the State and does not include the District of Columbia; “(3) for purposes of environmental review, the Secretary of Housing and Urban Development shall continue to permit assistance and projects to be treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and subject to the

Regulations

issued by the Secretary of Housing and Urban Development to implement such section; and “(4) a metropolitan city and an urban county that each receive an allocation under such title IV and are located within a geographic area that is covered by a single continuum of care may jointly request the Secretary of Housing and Urban Development to permit the urban county or the metropolitan city, as agreed to by such county and city, to receive and administer their combined allocations under a single grant.” Definitions For provisions relating to definitions of “State” and “local government” as used in this section, see section 100261 of Pub. L. 112–141, set out as a HEARTH Act Technical Corrections note above.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§11360 Definitions

Summary

Title 42, §11360

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Regulations

Executive Documents

Citations & Metadata