Part B—Emergency Solutions Grants Program
Editorial Notes
Codification
§11371. Definitions
For purposes of this part:
(1) The term "local government" means a unit of general purpose local government.
(2) The term "locality" means the geographical area within the jurisdiction of a local government.
(3) The term "metropolitan city" has the meaning given such term in
(4) The term "operating costs" means expenses incurred by a recipient operating a facility assisted under this part with respect to—
(A) the administration, maintenance, repair, and security of such housing; and
(B) utilities, fuels, furnishings, and equipment for such housing.
(5) The term "private nonprofit organization" means a secular or religious organization described in
(6) The term "recipient" means any governmental or private nonprofit entity that is approved by the Secretary as to financial responsibility.
(7) The term "Secretary" means the Secretary of Housing and Urban Development.
(8) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(9) The term "urban county" has the meaning given such term in
(
Editorial Notes
Amendments
1996—Par. (10).
1990—Par. (10).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Definitions
For provisions relating to definitions of "State" and "local government" as used in this section, see section 100261 of
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§11372. Grant assistance
The Secretary shall make grants to States and local governments (and to private nonprofit organizations providing assistance to persons experiencing homelessness or at risk of homelessness, in the case of grants made with reallocated amounts) for the purpose of carrying out activities described in
(
Editorial Notes
Prior Provisions
A prior section 11372,
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
§11372a. Amount and allocation of assistance
(a) In general
Of the amount made available to carry out this part and part C for a fiscal year, the Secretary shall allocate nationally 20 percent of such amount for activities described in
(b) Allocation
An entity that receives a grant under
(
Editorial Notes
Prior Provisions
A prior section 413 of
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
§11373. Allocation and distribution of assistance
(a) In general
The Secretary shall allocate assistance under this part to metropolitan cities, urban counties, and States (for distribution to local governments and private nonprofit organizations in the States) in a manner that ensures that the percentage of the total amount available under this part for any fiscal year that is allocated to any State, metropolitan city, or urban county is equal to the percentage of the total amount available for
(b) Minimum allocation requirement
If, under the allocation provisions applicable under this part, any metropolitan city or urban county would receive a grant of less than 0.05 percent of the amounts appropriated under
(c) Distributions to nonprofit organizations, public housing agencies, and local redevelopment authorities
Any local government receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, to public housing agencies (as defined under
(d) Reallocation of funds
(1) The Secretary shall, not less than once during each fiscal year, reallocate any assistance provided under this part that is unused or returned or that becomes available under subsection (b).
(2) If a city or county eligible for a grant under subsection (a) fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if the State has obtained approval of its comprehensive plan. Any amounts that cannot be allocated to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(3) If a State fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the State would have received shall be reallocated to other States and to cities and counties as applicable, that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(e) Allocations to territories
In addition to the other allocations required in this section, the Secretary shall (for amounts appropriated after July 22, 1987) allocate assistance under this part to the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, in accordance with an allocation formula established by the Secretary.
(
Editorial Notes
Prior Provisions
A prior section 414 of
Amendments
2016—Subsec. (c).
2015—Subsec. (d)(1).
2009—Subsec. (b).
1996—Subsec. (a).
Subsec. (c).
Subsec. (d)(3).
1990—Subsec. (a).
Subsec. (c).
Subsec. (d)(3).
1988—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Amendment by
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§11374. Eligible activities
(a) In general
Assistance provided under
(1) The renovation, major rehabilitation, or conversion of buildings to be used as emergency shelters.
(2) The provision of essential services related to emergency shelter or street outreach, including services concerned with employment, health, education, family support services for homeless youth, substance abuse services, victim services, or mental health services, if—
(A) such essential services have not been provided by the local government during any part of the immediately preceding 12-month period or the Secretary determines that the local government is in a severe financial deficit; or
(B) the use of assistance under this part would complement the provision of those essential services.
(3) Maintenance, operation, insurance, provision of utilities, and provision of furnishings related to emergency shelter.
(4) Provision of rental assistance to provide short-term or medium-term housing to homeless individuals or families or individuals or families at risk of homelessness. Such rental assistance may include tenant-based or project-based rental assistance.
(5) Housing relocation or stabilization services for homeless individuals or families or individuals or families at risk of homelessness, including housing search, mediation or outreach to property owners, legal services, credit repair, providing security or utility deposits, utility payments, rental assistance for a final month at a location, assistance with moving costs, or other activities that are effective at—
(A) stabilizing individuals and families in their current housing; or
(B) quickly moving such individuals and families to other permanent housing.
(b) Maximum allocation for emergency shelter activities
A grantee of assistance provided under
(1) 60 percent of the aggregate amount of such assistance provided for the grantee for such fiscal year; or
(2) the amount expended by such grantee for such activities during fiscal year 1 most recently completed before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009.
(
Editorial Notes
References in Text
The effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (b)(2), is the effective date under section 1503 of div. B of
Prior Provisions
A prior section 11374,
Another prior section 415 of
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
Report by Comptroller General
1 So in original. Probably should be "the fiscal year".
§11375. Responsibilities of recipients
(a) Matching amounts
(1) Except as provided in paragraph (2), each recipient under this part shall be required to supplement the assistance provided under this part with an equal amount of funds from sources other than this part. Each recipient shall certify to the Secretary its compliance with this paragraph, and shall include with such certification a description of the sources and amounts of such supplemental funds.
(2) Each recipient under this part that is a State shall be required to supplement the assistance provided under this part with an amount of funds from sources other than this part equal to the difference between the amount received under this part and $100,000. If the amount received by the State is $100,000 or less, the State may not be required to supplement the assistance provided under this part.
(3) In calculating the amount of supplemental funds provided by a recipient under this part, a recipient may include the value of any donated material or building, the value of any lease on a building, any salary paid to staff to carry out the program of the recipient, and the value of the time and services contributed by volunteers to carry out the program of the recipient at a rate determined by the Secretary.
(b) Administration of assistance
Each recipient shall act as the fiscal agent of the Secretary with respect to assistance provided to such recipient.
(c) Certifications on use of assistance
Each recipient shall certify to the Secretary that—
(1) it will—
(A) in the case of assistance involving major rehabilitation or conversion, maintain any building for which assistance is used under this part as a shelter for homeless individuals and families for not less than a 10-year period;
(B) in the case of assistance involving rehabilitation (other than major rehabilitation or conversion), maintain any building for which assistance is used under this part as a shelter for homeless individuals and families for not less than a 3-year period; or
(C) in the case of assistance involving solely activities described in paragraphs (2) and (3) of section 11374(a) 1 of this title, provide services or shelter to homeless individuals and families for the period during which such assistance is provided, without regard to a particular site or structure as long as the same general population is served;
(2) any renovation carried out with assistance under this part shall be sufficient to ensure that the building involved is safe and sanitary;
(3) it will assist homeless individuals in obtaining—
(A) appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living; and
(B) other Federal, State, local, and private assistance available for such individuals;
(4) in the case of a recipient that is a State, it will obtain any matching amounts required under subsection (a) in a manner so that local governments, agencies, and local nonprofit organizations receiving assistance from the grant that are least capable of providing the recipient State with such matching amounts receive the benefit of the $100,000 subtrahend under subsection (a)(2);
(5) it will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under this part and that the address or location of any family violence shelter project assisted under this part will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public;
(6) activities undertaken by the recipient with assistance under this part are consistent with any housing strategy submitted by the grantee in accordance with
(7) to the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this part, in providing services assisted under this part, and in providing services for occupants of facilities assisted under this part.
(d) Participation of homeless individuals
The Secretary shall, by regulation, require each recipient that is not a State 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 such recipient, to the extent that such entity considers and makes policies and decisions regarding any facility, services, or other assistance of the recipient assisted under this part. The Secretary may grant waivers to recipients unable to meet the requirement under the preceding sentence if the recipient agrees to otherwise consult with homeless or formerly homeless individuals in considering and making such policies and decisions.
(e) Termination of assistance
If an individual or family who receives assistance under this part 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 affected, which may include a hearing.
(f) Participation in HMIS
The Secretary shall ensure that recipients of funds under this part ensure the consistent participation by emergency shelters and homelessness prevention and rehousing programs in any applicable community-wide homeless management information system.
(
Editorial Notes
References in Text
Prior Provisions
A prior section 416 of
Amendments
2009—Subsec. (f).
1996—Subsec. (c)(4).
1992—Subsec. (c).
Subsec. (d).
Subsec. (e).
1990—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (c)(2), (3).
Subsec. (c)(4).
Subsec. (c)(5).
1988—Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Amendment by
1 See References in Text note below.
§11376. Administrative provisions
(a) Regulations
Not later than 60 days after July 22, 1987, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this part. Such requirements shall be subject to
(b) Initial allocation of assistance
Not later than the expiration of the 60-day period following the date of enactment of a law providing appropriations to carry out this part, the Secretary shall notify each State, metropolitan city, and urban county that is to receive a direct grant of its allocation of assistance under this part. Such assistance shall be allocated and may be used notwithstanding any failure of the Secretary to issue requirements under subsection (a).
(c) Minimum standards of habitability
The Secretary shall prescribe such minimum standards of habitability as the Secretary determines to be appropriate to ensure that emergency shelters assisted under this section are environments that provide appropriate privacy, safety, and sanitary and other health-related conditions for homeless persons and families. Grantees are authorized to establish standards of habitability in addition to those prescribed by the Secretary.
(
Editorial Notes
References in Text
The emergency shelter grants program under the provisions made effective by section 101(g) of
Prior Provisions
A prior section 417 of
Amendments
1996—Subsec. (b).
1990—Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Amendment by
§11377. Repealed. Pub. L. 111–22, div. B, title II, §1201(2), May 20, 2009, 123 Stat. 1678
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal 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
§11378. Administrative costs
A recipient may use up to 7.5 percent of any annual grant received under this part for administrative purposes. A recipient State shall share the amount available for administrative purposes pursuant to the preceding sentence with local governments funded by the State.
(
Editorial Notes
Amendments
2009—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Amendment by