42 U.S.C. § 11408 — Rural housing stability grant program
submitted 34 years ago by Pub. L. 100-77 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,056 words · no verdicts yet
The Secretary of Housing and Urban Development must operate a rural housing stability grant program. Grants may fund housing stabilization, rehousing, housing construction or repair, supportive services, matching contributions, evaluation, technical assistance, and related administration in rural areas.
(a) Establishment. The Secretary of Housing and Urban Development must establish and operate a rural housing stability grant program. The Secretary may give grants to eligible organizations instead of grants under part C to pay the Federal share of costs for—(1) rehousing or improving the housing of homeless* people and families or people and families in the worst housing situations in the area; (2) stabilizing housing for people and families in immediate danger of losing it; and (3) improving the ability of the community’s lowest-income residents to afford stable housing.
(b) Use of funds. (1) An eligible organization may use a grant in rural areas for—(A) rent, mortgage, or utility help after two months of nonpayment to prevent eviction, foreclosure, or loss of utility service; (B) security deposits, first-month rent at a new* location, and moving help; (C) short-term emergency lodging in motels or shelters, directly or through vouchers; (D) building new units for transitional or permanent housing* for homeless people and families and people and families at risk of homelessness*; (E) buying or repairing a structure for supportive services* or transitional or permanent housing, other than emergency shelter, for those people and families; (F) leasing property not owned by the recipient* or project sponsor* for such housing or supportive services; (G) rental assistance for transitional or permanent housing, including tenant-based* or project-based* assistance; (H) operating costs* for housing units assisted under this subchapter; (I) repairs such as insulation, window, door, and roof repairs needed to make premises habitable; (J) comprehensive coordinated support services using and supplementing community networks, including—(i) outreach; (ii) case management; (iii) housing counseling; (iv) budgeting; (v) job training and placement; (vi) primary health care; (vii) mental-health services; (viii) substance-abuse treatment*; (ix) child care; (x) transportation; (xi) emergency food and clothing; (xii) family-violence services; (xiii) education; (xiv) moving services; (xv) entitlement assistance; and (xvi) referrals to veterans’ and legal services; and (K) costs of using Federal inventory-property programs to house homeless families, including the program under subchapter V and the Single Family Property Disposition Program under section 1710(g) of title 12. (2) An organization may use no more than 20 percent of funds transferred under subsection (l)(1) in a fiscal year for capacity building, including operating costs and staff retention.
(c) Award of grants. (1)(A) For each fiscal year, at least 50 percent of funds transferred under subsection (l)(1) must be available for eligible organizations serving communities with fewer than 10,000 people. (B) Within that set-aside, priority goes to organizations serving communities with fewer than 5,000 people. (2) The Secretary must prioritize organizations serving communities not currently receiving significant Federal assistance under this chapter. (3) Organizations in one State* may not receive more than 10 percent in total of the funds transferred under subsection (l)(1) for that year.
(d) Application. To receive a grant, an organization must apply at the time, in the manner, and with the information the Secretary requires. At minimum the application must include—(1) the target population and geographic area*; (2) the types of assistance; (3) assurance that the assistance closely matches identified needs; (4) existing assistance for the target population, including Federal, State, and local programs, and how the organization will coordinate with and expand it or provide assistance not available in the immediate area; (5) an agreement to collect data on projects, assistance, the number and characteristics of people served, and causes of homelessness; (6) how homeless people and families or the community’s lowest-income people and families will participate through jobs, volunteer service, or otherwise in providing, operating, and repairing housing assisted under this section, in providing services assisted under this section, and in providing services for occupants of housing assisted under this section; (7) community consultations about the most important uses of money, including potential beneficiaries; and (8) the extent and nature of homelessness and the worst housing situations in the community.
(e) Eligible organizations. Eligible organizations include private nonprofit entities and county and local governments.
(f) Matching funding. (1) An eligible organization must identify matching contributions from sources other than a grant under this part, available in the area, equal to at least 25 percent of project* or activity funds. Leasing grants are exempt. (2) Services provided by another entity count as in-kind matching only if a memorandum of understanding documents that they will be provided. (3) Matching may be funding for any activity in subsection (b), or, subject to paragraph (2), in-kind services for any such activity.
(g) Selection criteria. The Secretary must establish criteria including—(1) potential beneficiaries’ participation in assessing need and importance; (2) how strongly the project addresses the community’s most harmful housing situations; (3) collaboration with others in the community; (4) the organization’s performance in improving housing, considering the severity of barriers faced; (5) for prior recipients, improvement in homelessness and the worst housing situations since funding began; (6) need under the formula in section 11386a(b)(2); and (7) other relevant criteria the Secretary determines.
(h) Evaluation. (1) Within 18 months after funding first becomes available under the 2009 Act’s title IV amendments, the Secretary must evaluate whether the program meets subsection (a)’s goals in the served area and what assistance rural areas need. (2) Within 24 months after that funding first becomes available, the Secretary must send Congress the evaluation and recommendations for Federal administrative or legislative changes needed to improve rural communities’ ability to meet those goals.
(i) Technical assistance. The Secretary must help eligible organizations develop programs under this section and access other Federal resources for homeless people in rural areas. The help may be provided through regional workshops, directly, or through grants or contracts with nongovernmental entities.
(j) Termination of assistance. If a person or family receiving assistance violates the organization’s assistance-program requirements, the organization may end assistance through a formal process established by the organization that recognizes the due-process rights of individuals receiving the assistance and may include a hearing.
(k) Definitions. (1) “Program” means the rural housing stability grant program established here. (2) “Rural area” and “rural community” mean—(A) an area or community none of whose part is within an area the Office of Management and Budget designates as a standard metropolitan statistical area; (B) an area or community within a metropolitan statistical area, or considered part of one, located in a county where at least 75 percent of the population is rural; or (C) an area or community in a State with population density below 30 people per square mile in the most recent decennial census, at least 1.25 percent of whose total acreage is under Federal jurisdiction, if no metropolitan city*, as defined in section 5302, in that State is the grant’s sole beneficiary. This section does not otherwise define the quoted terms. (3) “Secretary” means the Secretary of Housing and Urban Development.
(l) Program funding. (1) The Secretary must determine the total funding attributable under section 11386a(b)(2) to the needs of each geographic area that applies. The Secretary must transfer those amounts from the Community Homeless Assistance Program and combine them for grants under this section, but must transfer at least 5 percent of part C’s available money. Money transferred but not used because too few applications were received must be transferred for grants under part C. (2) A fiscal-year payment still unobligated at year-end remains available to the recipient for the same purposes during the next fiscal year. The Secretary must recover any amount still unobligated at the end of that second fiscal year and redistribute it to another eligible organization.
(m) Determination of funding source. For any fiscal year, besides funds awarded under part B, subchapter funds used in a city or county may be awarded only under part C or part D.
The Secretary of Housing and Urban Development shall establish and carry out a rural housing stability grant program. In carrying out the program, the Secretary may award grants to eligible organizations in lieu of grants under part C in order to pay for the Federal share of the cost of—
rehousing or improving the housing situations of individuals and families who are homeless* or in the worst housing situations in the geographic area*;
stabilizing the housing of individuals and families who are in imminent danger of losing housing; and
improving the ability of the lowest-income residents of the community to afford stable housing.
An eligible organization may use a grant awarded under subsection (a) to provide, in rural areas—
rent, mortgage, or utility assistance after 2 months of nonpayment in order to prevent eviction, foreclosure, or loss of utility service;
security deposits, rent for the first month of residence at a new* location, and relocation assistance;
short-term emergency lodging in motels or shelters, either directly or through vouchers;
construction of new housing units to provide transitional or permanent housing* to homeless individuals and families and individuals and families at risk of homelessness*;
acquisition or rehabilitation of a structure to provide supportive services* or to provide transitional or permanent housing, other than emergency shelter, to homeless individuals and families and individuals and families at risk of homelessness;
leasing of property, or portions of property, not owned by the recipient* or project sponsor* involved, for use in providing transitional or permanent housing to homeless individuals and families and individuals and families at risk of homelessness, or providing supportive services to such homeless and at-risk individuals and families;
provision of rental assistance to provide transitional or permanent housing to homeless individuals and families and individuals and families at risk of homelessness, such rental assistance may include tenant-based* or project-based* rental assistance;
payment of operating costs* for housing units assisted under this subchapter;
rehabilitation and repairs such as insulation, window repair, door repair, roof repair, and repairs that are necessary to make premises habitable;
development of comprehensive and coordinated support services that use and supplement, as needed, community networks of services, including—
outreach services to reach eligible recipients;
case management;
housing counseling;
budgeting;
job training and placement;
primary health care;
mental health services;
substance abuse treatment*;
child care;
transportation;
emergency food and clothing;
family violence services;
education services;
moving services;
entitlement assistance; and
referrals to veterans services and legal services; and
costs associated with making use of Federal inventory property programs to house homeless families, including the program established under subchapter V of this chapter and the Single Family Property Disposition Program established pursuant to section 1710(g) of title 12.
Not more than 20 percent of the funds transferred under subsection (l)(1) for a fiscal year may be used by eligible organizations for capacity building activities, including payment of operating costs and staff retention.
In awarding grants under subsection (a) for a fiscal year, the Secretary shall make available not less than 50 percent of the funds transferred under subsection (l)(1) for the fiscal year for grants to eligible organizations serving communities that have populations of less than 10,000.
In awarding grants in accordance with subparagraph (A), the Secretary shall give priority to eligible organizations serving communities with populations of less than 5,000.
In awarding grants under subsection (a), including grants awarded in accordance with paragraph (1), the Secretary shall give priority to eligible organizations serving communities not currently receiving significant Federal assistance under this chapter.
In awarding grants under subsection (a) for a fiscal year, the Secretary shall not award to eligible organizations within a State an aggregate sum of more than 10 percent of the funds transferred under subsection (l)(1), for the fiscal year.
In order to be eligible to receive a grant under subsection (a), an organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall include, at a minimum—
a description of the target population and geographic area to be served;
a description of the types of assistance to be provided;
an assurance that the assistance to be provided is closely related to the identified needs of the target population;
a description of the existing assistance available to the target population, including Federal, State, and local programs, and a description of the manner in which the organization will coordinate with and expand existing assistance or provide assistance not available in the immediate area;
an agreement by the organization that the organization will collect data on the projects conducted by the organization, including assistance provided, number and characteristics of persons served, and causes of homelessness for persons served;
a description of how individuals and families who are homeless or who have the lowest incomes in the community will be involved by the organization through employment, volunteer services, and otherwise, in providing, operating, and rehabilitating housing assisted under this section and in providing services assisted under this section and services for occupants of housing assisted under this section;
a description of consultations that took place within the community to ascertain the most important uses for funding under this section, including the involvement of potential beneficiaries of the project*; and
a description of the extent and nature of homelessness and of the worst housing situations in the community.
Organizations eligible to receive a grant under subsection (a) shall include private nonprofit entities and county and local governments.
An organization eligible to receive a grant under subsection (a) shall specify matching contributions from any source other than a grant awarded under this part, that shall be made available in the geographic area in an amount equal to not less than 25 percent of the funds provided for the project or activity, except that grants for leasing shall not be subject to any match requirement.
The cash value of services provided to the beneficiaries or clients of an eligible organization by an entity other than the organization may count toward the contributions in paragraph (1) only when documented by a memorandum of understanding between the organization and the other entity that such services will be provided.
The contributions required under paragraph (1) may consist of—
funding for any eligible activity described under subsection (b); and
subject to paragraph (2), in-kind provision of services of any eligible activity described under subsection (b).
The Secretary shall establish criteria for selecting recipients of grants under subsection (a), including—
the participation of potential beneficiaries of the project in assessing the need for, and importance of, the project in the community;
the degree to which the project addresses the most harmful housing situations present in the community;
the degree of collaboration with others in the community to meet the goals described in subsection (a);
the performance of the organization in improving housing situations, taking account of the severity of barriers of individuals and families served by the organization;
for organizations that have previously received funding under this section, the extent of improvement in homelessness and the worst housing situations in the community since such funding began;
the need for such funds, as determined by the formula established under section 11386a(b)(2) of this title; and
any other relevant criteria as determined by the Secretary.
Not later than 18 months after funding is first made available pursuant to the amendments made by title IV of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall conduct an evaluation of the program to—
determine the effectiveness of the program in meeting the goals described in subsection (a) in the area served; and
determine the types of assistance needed to meet the goals described in subsection (a) in rural areas.
Not later than 24 months after funding is first made available pursuant to the amendment made by title IV of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall submit to Congress the evaluation of the program conducted under paragraph (1), including recommendations for any Federal administrative or legislative changes that may be necessary to improve the ability of rural communities to meet the goals described in subsection (a).
The Secretary shall provide technical assistance to eligible organizations in developing programs in accordance with this section, and in gaining access to other Federal resources that may be used to assist homeless persons in rural areas. Such assistance may be provided through regional workshops, and may be provided directly or through grants to, or contracts with, nongovernmental entities.
If an individual or family who receives assistance under this section violates requirements of the assistance program provided by the organization receiving a grant under this section, the organization may terminate assistance in accordance with a formal process established by the organization that recognizes the rights of individuals receiving such assistance to due process of law, which may include a hearing.
For purposes of this section:
The term “program” means the rural housing stability grant program established under this section.
The terms “rural area” and “rural community” mean—
any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget;
any area or community, respectively, that is—
within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and
located in a county where at least 75 percent of the population is rural; or
any area or community, respectively, located in a State that has population density of less than 30 persons per square mile (as reported in the most recent decennial census), and of which at least 1.25 percent of the total acreage of such State is under Federal jurisdiction, provided that no metropolitan city* (as such term is defined in section 5302 of this title) in such State is the sole beneficiary of the grant amounts awarded under this section.
The term “Secretary” means the Secretary of Housing and Urban Development.
The Secretary shall determine the total amount of funding attributable under section 11386a(b)(2) of this title to meet the needs of any geographic area in the Nation that applies for funding under this section. The Secretary shall transfer any amounts determined under this subsection from the Community Homeless Assistance Program and consolidate such transferred amounts for grants under this section, except that the Secretary shall transfer an amount not less than 5 percent of the amount available under part C for grants under this section. Any amounts so transferred and not used for grants under this section due to an insufficient number of applications shall be transferred to be used for grants under part C.
Any amount paid to a grant recipient for a fiscal year that remains unobligated at the end of the year shall remain available to the recipient for the purposes for which the payment was made for the next fiscal year. The Secretary shall take such action as may be necessary to recover any amount not obligated by the recipient at the end of the second fiscal year, and shall redistribute the amount to another eligible organization.
For any fiscal year, in addition to funds awarded under part B, funds under this subchapter to be used in a city or county shall only be awarded under either part C or part D.
Source credit: (Pub. L. 100–77, title IV, § 491, as added Pub. L. 102–550, title XIV, § 1408, Oct. 28, 1992, 106 Stat. 4035; amended Pub. L. 104–330, title V, § 506(a)(10), Oct. 26, 1996, 110 Stat. 4045; Pub. L. 111–22, div. B, title IV, § 1401(2), May 20, 2009, 123 Stat. 1696.)
- 1992Enacted · Pub. L. 100-77 · 106 Stat. 4035
- 1996Amended · Pub. L. 104-330 · 110 Stat. 4045
- 2009Amended · Pub. L. 111-22 · 123 Stat. 1696
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-77 on 1992-10-28.
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