
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11386]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                   Part C--Supportive Housing Program
 
Sec. 11386. Program requirements


(a) Applications

                       (1) Form and procedure

        Applications for assistance under this part shall be submitted 
    by applicants in the form and in accordance with the procedures 
    established by the Secretary. The Secretary may not give preference 
    or priority to any application on the basis that the application was 
    submitted by any particular type of applicant entity.

                            (2) Contents

        The Secretary shall require that applications contain at a 
    minimum--
            (A) a description of the proposed project, including the 
        activities to be undertaken;
            (B) a description of the size and characteristics of the 
        population that would occupy the supportive housing assisted 
        under this part;
            (C) a description of the public and private resources that 
        are expected to be made available for the project;
            (D) in the case of projects assisted under section 
        11383(a)(1) or (2) of this title, assurances satisfactory to the 
        Secretary that the project will be operated for not less than 20 
        years for the purpose specified in the application;
            (E) in the case of projects assisted under this subchapter 
        that do not receive assistance under such sections, annual 
        assurances during the period specified in the application that 
        the project will be operated for the purpose specified in the 
        application for such period;
            (F) a certification from the public official responsible for 
        submitting the comprehensive housing affordability strategy 
        under section 12705 of this title for the State or unit of 
        general local government within which the project is located 
        that the proposed project is consistent with the approved 
        housing strategy of such State or unit of general local 
        government; and
            (G) a certification that the applicant will comply with the 
        requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.], 
        title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et 
        seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 
        794], and the Age Discrimination Act of 1975 [42 U.S.C. 6101 et 
        seq.], and will affirmatively further fair housing.

                          (3) Site control

        The Secretary shall require that each application include 
    reasonable assurances that the applicant will own or have control of 
    a site for the proposed project not later than the expiration of the 
    12-month period beginning upon notification of an award for grant 
    assistance, unless the application proposes providing supportive 
    housing assisted under section 11383(a)(3) of this title or housing 
    that will eventually be owned or controlled by the families and 
    individuals served. An applicant may obtain ownership or control of 
    a suitable site different from the site specified in the 
    application. If any recipient fails to obtain ownership or control 
    of the site within 12 months after notification of an award for 
    grant assistance, the grant shall be recaptured and reallocated 
    under this part.

(b) Selection criteria

    The Secretary shall select applicants approved by the Secretary as 
to financial responsibility to receive assistance under this part by a 
national competition based on criteria established by the Secretary, 
which shall include--
        (1) the ability of the applicant to develop and operate a 
    project;
        (2) the innovative quality of the proposal in providing a 
    project;
        (3) the need for the type of project proposed by the applicant 
    in the area to be served;
        (4) the extent to which the amount of assistance to be provided 
    under this part will be supplemented with resources from other 
    public and private sources;
        (5) the cost-effectiveness of the proposed project;
        (6) the extent to which the applicant has demonstrated 
    coordination with other Federal, State, local, private and other 
    entities serving homeless persons in the planning and operation of 
    the project, to the extent practicable; and
        (7) such other factors as the Secretary determines to be 
    appropriate to carry out this part in an effective and efficient 
    manner.

(c) Required agreements

    The Secretary may not provide assistance for any project under this 
part unless the applicant agrees--
        (1) to operate the proposed project in accordance with the 
    provisions of this part;
        (2) to conduct an ongoing assessment of the supportive services 
    required by homeless individuals served by the project and the 
    availability of such services to such individuals;
        (3) to provide such residential supervision as the Secretary 
    determines is necessary to facilitate the adequate provision of 
    supportive services to the residents and users of the project;
        (4) to monitor and report to the Secretary on the progress of 
    the project;
        (5) to develop and implement procedures to ensure (A) the 
    confidentiality of records pertaining to any individual provided 
    family violence prevention or treatment services through any project 
    assisted under this part, and (B) that the address or location of 
    any family violence shelter project assisted under this part will 
    not be made public, except with written authorization of the person 
    or persons responsible for the operation of such project;
        (6) to the maximum extent practicable, to involve homeless 
    individuals and families, through employment, volunteer services, or 
    otherwise, in constructing, rehabilitating, maintaining, and 
    operating the project assisted under this part and in providing 
    supportive services for the project; and
        (7) to comply with such other terms and conditions as the 
    Secretary may establish to carry out this part in an effective and 
    efficient manner.

(d) Occupancy charge

    Each homeless individual or family residing in a project providing 
supportive housing may be required to pay an occupancy charge in an 
amount determined by the recipient providing the project, which may not 
exceed the amount determined under section 1437a(a) of this title. 
Occupancy charges paid may be reserved, in whole or in part, to assist 
residents in moving to permanent housing.

(e) Matching funding

    Each recipient shall be required to supplement the amount of 
assistance provided under paragraphs (1) and (2) of section 11383(a) of 
this title with an equal amount of funds from sources other than this 
part.

(f) Flood protection standards

    Flood protection standards applicable to housing acquired, 
rehabilitated, constructed, or assisted under this part shall be no more 
restrictive than the standards applicable under Executive Order No. 
11988 (May 24, 1977) to the other programs under this subchapter.

(g) Participation of homeless individuals

    The Secretary shall, by regulation, require each recipient to 
provide for the participation of not less than 1 homeless individual or 
former homeless individual on the board of directors or other equivalent 
policymaking entity of the recipient, to the extent that such entity 
considers and makes policies and decisions regarding any project, 
supportive services, or assistance provided under this part. The 
Secretary may grant waivers to applicants unable to meet the requirement 
under the preceding sentence if the applicant agrees to otherwise 
consult with homeless or formerly homeless individuals in considering 
and making such policies and decisions.

(h) Limitation on use of funds

    No assistance received under this part (or any State or local 
government funds used to supplement such assistance) may be used to 
replace other State or local funds previously used, or designated for 
use, to assist homeless persons.

(i) Limitation on administrative expenses

    No recipient may use more than 5 percent of a grant received under 
this part for administrative purposes.

(j) Termination of assistance

    If an individual or family who receives assistance under this part 
(not including residents of an emergency shelter) from a recipient 
violates program requirements, the recipient may terminate assistance in 
accordance with a formal process established by the recipient that 
recognizes the rights of individuals receiving such assistance to due 
process of law, which may include a hearing.

(Pub. L. 100-77, title IV, Sec. 426, as added Pub. L. 102-550, title 
XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4018.)

                       References in Text

    The Fair Housing Act, referred to in subsec. (a)(2)(G), is title 
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is 
classified principally to subchapter I (Sec. 3601 et seq.) of chapter 45 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 3601 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (a)(2)(G), is 
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the 
Act is classified generally to subchapter V (Sec. 2000d et seq.) of 
chapter 21 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 2000a of this title and 
Tables.
    The Age Discrimination Act of 1975, referred to in subsec. 
(a)(2)(G), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, 
as amended, which is classified generally to chapter 76 (Sec. 6101 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 6101 of this title and 
Tables.
    Executive Order No. 11988, referred to in subsec. (f), is set out as 
a note under section 4321 of this title.


                            Prior Provisions

    A prior section 11386, Pub. L. 100-77, title IV, Sec. 426, July 22, 
1987, 101 Stat. 503, related to establishment of guidelines for purposes 
of a supportive housing demonstration program, prior to repeal by Pub. 
L. 102-550, Sec. 1403(a).

                  Section Referred to in Other Sections

    This section is referred to in section 11382 of this title.
