Title 42 — The Public Health and Welfare
Part C · Chapter 119 — Homeless Assistance
§ 11384. Incentives for high-performing communities
Statutory text
Designation as a high-performing community
In general
The Secretary shall designate, on an annual basis, which collaborative applicants represent high-performing communities.
Consideration
In determining whether to designate a collaborative applicant as a high-performing community under paragraph (1), the Secretary shall establish criteria to ensure that the requirements described under paragraphs (1)(B) and (2)(B) of subsection (d) are measured by comparing homeless individuals and families under similar circumstances, in order to encourage projects in the geographic area to serve homeless individuals and families with more severe barriers to housing stability.
2-year phase in
In each of the first 2 years after the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, the Secretary shall designate not more than 10 collaborative applicants as high-performing communities.
Excess of qualified applicants
If, during the 2-year period described under paragraph (2), more than 10 collaborative applicants could qualify to be designated as high-performing communities, the Secretary shall designate the 10 that have, in the discretion of the Secretary, the best performance based on the criteria described under subsection (d).
Time limit on designation
The designation of any collaborative applicant as a high-performing community under this subsection shall be effective only for the year in which such designation is made. The Secretary, on an annual basis, may renew any such designation.
Application
In general
A collaborative applicant seeking designation as a high-performing community under subsection (a) shall submit an application to the Secretary at such time, and in such manner as the Secretary may require.
Content of application
In any application submitted under paragraph (1), a collaborative applicant shall include in such application—
a report showing how any money received under this part in the preceding year was expended; and
information that such applicant can meet the requirements described under subsection (d).
Publication of application
The Secretary shall—
publish any report or information submitted in an application under this section in the geographic area represented by the collaborative applicant; and
seek comments from the public as to whether the collaborative applicant seeking designation as a high-performing community meets the requirements described under subsection (d).
Use of funds
Funds awarded under section 11382(a) of this title to a project sponsor who is located in a high-performing community may be used—
for any of the eligible activities described in section 11383 of this title; or
for any of the eligible activities described in paragraphs (4) and (5) of section 11374(a) of this title.
Definition of high-performing community
For purposes of this section, the term “high-performing community” means a geographic area that demonstrates through reliable data that all five of the following requirements are met for that geographic area:
Term of homelessness
The mean length of episodes of homelessness for that geographic area—
is less than 20 days; or
for individuals and families in similar circumstances in the preceding year was at least 10 percent less than in the year before.
Families leaving homelessness
Of individuals and families—
who leave homelessness, fewer than 5 percent of such individuals and families become homeless again at any time within the next 2 years; or
in similar circumstances who leave homelessness, the percentage of such individuals and families who become homeless again within the next 2 years has decreased by at least 20 percent from the preceding year.
Community action
The communities that compose the geographic area have—
actively encouraged homeless individuals and families to participate in homeless assistance services available in that geographic area; and
included each homeless individual or family who sought homeless assistance services in the data system used by that community for determining compliance with this subsection.
Effectiveness of previous activities
If recipients in the geographic area have used funding awarded under section 11382(a) of this title for eligible activities described under section 11374(a) of this title in previous years based on the authority granted under subsection (c), that such activities were effective at reducing the number of individuals and families who became homeless in that community.
Flexibility to serve persons defined as homeless under other Federal laws
With respect to collaborative applicants exercising the authority under section 11382(j) of this title to serve homeless families with children and youth defined as homeless under other Federal statutes, effectiveness in achieving the goals and outcomes identified in subsection 1 11386a(b)(1)(F) of this title according to such standards as the Secretary shall promulgate.
Cooperation among entities
A collaborative applicant designated as a high-performing community under this section shall cooperate with the Secretary in distributing information about successful efforts within the geographic area represented by the collaborative applicant to reduce homelessness.
Footnotes
- 1 So in original. Probably should be “section”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 100–77 title IV § 424 · 101 Stat. 482
Enacted · 42 U.S.C. § 11384
(Pub. L. 100–77, title IV, § 424, as added Pub. L. 111–22, div. B, title III, § 1303, May 20, 2009, 123 Stat. 1687.)
Source evidence
Code source credit
(Pub. L. 100–77, title IV, § 424, as added Pub. L. 111–22, div. B, title III, § 1303, May 20, 2009, 123 Stat. 1687.)Enacted provision · exact public law section
SEC. 424. PROGRAM REQUIREMENTS. (a) Applications.— (1) Applications for assistance under this subtitle shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish. (2) The Secretary shall require that applications contain at a minimum— (A) a description of the proposed project; (B) a description of the size and characteristics of the population that would occupy supportive housing; (C) a description of the public and private resources that are expected to be made available in compliance with section 425; (D) assurances satisfactory to the Secretary that the project assisted will be operated for not less than 10 years or the purpose specified in the application; (E) a certification from the public official responsible for submitting a comprehensive plan for the jurisdiction to be served by the proposed project (by the State in the case of a project for permanent housing for the handicapped homeless) that the propped project is consistent with the applicable comprehensive plan; and (F) in the case of permanent housing for handicapped homeless persons— (i) a letter of participation from the Governor or other chief executive official of the State assuring that the State will promptly transmit assistance to the project sponsor and will facilitate the provision of necessary supportive services to the residents of the project; (ii) a designation of the State agency, the primary responsibility of which is the provision of services to handicapped persons and that will assist the State housing finance agency in fulfilling the State responsibilities under this subtitle; and (iii) an assessment of how the proposed project would meet the needs of handicapped homeless persons in the State. (b) Selection Criteria.— The Secretary shall establish selection criteria for a national competition for assistance under this subtitle, which shall include— (1) the ability of the applicant or the project sponsor to develop and operate supportive housing; (2) the innovative quality of the proposal in providing supportive housing; (3) the need for such supportive housing in the area to be served; (4) the extent to which the amount of assistance to be provided under this subtitle will be matched with more than an equal amount of funds from other sources; (5) the cost effectiveness of the proposed project; (6) the extent to which the project would meet the needs of handicapped homeless persons in the State as described pursuant to subsection (a)(2)(F)(iii); and (7) such other factors as the Secretary determines to be appropriate for purposes of carrying out the demonstration program established by this subtitle in an effective and efficient manner. (c) Required Agreements.— The Secretary may not approve assistance for any project under this subtitle unless the applicant agrees or certifies that each project sponsor has agreed— (1) to operate the proposed project as supportive housing in accordance with the provisions of this subtitle; (2) to conduct an ongoing assessment of the supportive services required by the residents of the project; (3) to provide such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of supportive services to the residents of the project; (4) to monitor and report to the Secretary on the progress of the project; and (5) to comply with such other terms and conditions as the Secretary may establish for purposes of carrying out the demonstration program established in this subtitle in an effective and efficient manner. (d) Occupant Rent.— Each homeless individual residing in a facility assisted under this subtitle shall pay as rent an amount determined in accordance with the provisions of section 3(a) of the United States Housing Act of 1937. 42 USC 1437a.
1 of 1 references resolved to an enrolled provision
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. (a)(3), is the effective date under section 1503 of title V of div. B of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
Prior Provisions
A prior section 11384, Pub. L. 100–77, title IV, § 424, as added Pub. L. 102–550, title XIV, § 1403(a), , 106 Stat. 4016, which related to supportive housing, was repealed by Pub. L. 111–22, div. B, title III, § 1303, , 123 Stat. 1687.
Another prior section 11384, Pub. L. 100–77, title IV, § 424, , 101 Stat. 501; Pub. L. 100–628, title IV, §§ 442(b)(2), 448(b), 450(a)(1), (b), 451, , 102 Stat. 3233–3235; Pub. L. 101–625, title VIII, § 833(f), (h)–(j), (k)(2), , 104 Stat. 4363–4365, which provided for applications, selection criteria, and other program requirements for assistance under the supportive housing demonstration program, was repealed by Pub. L. 102–550, title XIV, § 1403(a), , 106 Stat. 4013.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the earlier of 18 months after , 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.
Credits
(Pub. L. 100–77, title IV, § 424, as added Pub. L. 111–22, div. B, title III, § 1303, , 123 Stat. 1687.)