Title 42The Public Health and WelfareRelease 119-73not60

§11360 Definitions

Title 42 › Chapter 119— HOMELESS ASSISTANCE › Subchapter IV— HOUSING ASSISTANCE › Part A— General Provisions › § 11360

Last updated Apr 5, 2026|Official source

Summary

Defines many words used in this part and says what they mean. "At risk of homelessness" means a person or family has income below 30% of the area median, lacks resources right now to keep stable housing, and meets at least one condition such as moving often for money reasons, staying in someone else’s home because of hardship, getting a notice that they must leave, living in a hotel or motel, living in severely overcrowded housing, leaving an institution, or living in other unstable housing. "Chronically homeless" means a person or family who is homeless in places not meant for people, in a safe haven, or in an emergency shelter, and who has been homeless for at least 1 year continuously or on at least 4 separate occasions in the last 3 years, and whose adult (or minor if no adult) head of household has a diagnosable substance use disorder, serious mental illness, developmental disability, PTSD, brain-injury-related cognitive problems, or chronic physical illness or disability (including combinations). Someone in an institution for fewer than 90 days counts as chronically homeless if they met those rules before entering. Other defined terms are given short meanings: "collaborative applicant" is an organization that applies for grants for a group and can receive the grant; "collaborative application" is that joint grant application; "Consolidated Plan" is the required HUD housing and community plan; "eligible entity" is a public, private, or mixed organization that can get grants; "families with children and youth defined as homeless under other Federal statutes" are kids and youth treated as homeless under other federal laws (but not under section 11302) and their parent or guardian; "formula area" and "geographic area" follow HUD rules; "homeless individual with a disability" is someone homeless under section 11302 who has a long-term impairment that makes independent living hard and could be helped by better housing, or has a developmental disability, or has AIDS-related conditions; "Indian Tribe," "legal entity," and terms like "metropolitan city" follow other federal definitions. "New" housing means no help has been provided under this subchapter before. "Operating costs" are the normal expenses to run transitional or permanent housing. "Outpatient health services" are outpatient medical, mental health, and substance abuse care. "Permanent housing" is housing without a set time limit. "Personally identifying information" includes name, address, contact info (postal, e-mail or IP, phone, fax), Social Security number, and other details (like date of birth, race, or religion) that could identify someone. "Private nonprofit organization" meets nonprofit rules like no private profit, a voluntary board, accounting or fiscal agent, and nondiscrimination. "Project" means specific eligible activities under part C. "Project-based," "sponsor-based," and "tenant-based" describe different ways rental help is tied to a building, to an independent owner, or to a person choosing a unit (with limited initial location rules and a move-right to protect victims of abuse). "Project sponsor" runs the proposed activities. "Recipient" is an eligible entity whose grant application is approved and who gets the grant to run or fund projects. "Secretary" means the Secretary of Housing and Urban Development. "Serious mental illness" means a severe, lasting mental or emotional condition that greatly limits independent living. "Solo applicant" applies alone and, if awarded, gets the grant. "Transitional housing" helps people move to permanent housing within 24 months (or longer if HUD allows). "Unified funding agency" is a collaborative applicant with extra duties. "Underserved populations" include groups left out because of location, race or ethnicity, special needs, or other reasons HUD finds appropriate. "Victim service provider" is a private nonprofit whose main job is helping victims of domestic violence, sexual assault, or stalking (such as rape crisis centers and shelters). "Victim services" are the support services those organizations provide.

Full Legal Text

Title 42, §11360

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

For purposes of this subchapter:
(1)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.
(2)(A)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)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)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)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)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)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)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 11 So in original. Probably should be “of this”. chapter (42 U.S.C. 11431 et seq.).
(8)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)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)(A)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)Nothing in clause (iii) of subparagraph (A) shall be construed to limit eligibility under clause (i) or (ii) of subparagraph (A).
(11)The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 4103 of title 25.
(12)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)The terms “metropolitan city”, “urban county”, and “nonentitlement area” have the meanings given such terms in section 5302(a) of this title.
(14)The term “new” means, with respect to housing, that no assistance has been provided under this subchapter for the housing.
(15)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)The term “outpatient health services” means outpatient health care services, mental health services, and outpatient substance abuse services.
(17)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)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)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)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)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)The term “project sponsor” means, with respect to proposed eligible activities, the organization directly responsible for carrying out the proposed eligible activities.
(23)Except as used in part B, the term “recipient” means an eligible entity who—
(A)submits an application for a grant under section 11382 of this title that is approved by the Secretary;
(B)receives the grant directly from the Secretary to support approved projects described in the application; and
(C)(i)serves as a project sponsor for the projects; or
(ii)awards the funds to project sponsors to carry out the projects.
(24)The term “Secretary” means the Secretary of Housing and Urban Development.
(25)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)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)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)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)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)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)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)The term “unified funding agency” means a collaborative applicant that performs the duties described in section 11360a(g) of this title.
(33)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)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)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.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11360

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60