Title 42 — The Public Health and WelfareRelease 119-73not60
§11386e Appeal Procedure
Title 42 › Chapter 119— HOMELESS ASSISTANCE › Subchapter IV— HOUSING ASSISTANCE › Part C— Continuum of Care Program › § 11386e
Summary
Applicants denied a consolidated-plan consistency certificate can appeal to the Secretary. The Secretary must create an appeal process and, within 45 days of an appeal, decide if the denial was unreasonable and, if so, review the application for funding.
Full Legal Text
Title 42, §11386e
The Public Health and Welfare — Source: USLM XML via OLRC
(a)With respect to funding under this part, if certification of consistency with the consolidated plan pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such applicant may appeal such decision to the Secretary.
(b)The Secretary shall establish a procedure to process the appeals described in subsection (a).
(c)Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Secretary shall determine if certification was unreasonably withheld. If such certification was unreasonably withheld, the Secretary shall review such application and determine if such applicant shall receive funding under this part.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 431 of Pub. L. 100–77 was classified to section 11391 of this title prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701.
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. § 11386e
Title 42 — The Public Health and Welfare
Last Updated
Apr 5, 2026
Release point: 119-73not60