42 U.S. Code § 11360 - Definitions
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For purposes of this subchapter:
(1) At risk of homelessness
The term “at risk of homelessness” means, with respect to an individual or family, that the individual or family—
(iii) has been notified that their right to occupy their current housing or living situation will be terminated;
Such term includes all families with children and youth defined as homeless under other Federal statutes.
(2) Chronically homeless
(A) In general
The term “chronically homeless” means, with respect to an individual or family, that the individual or family—
(i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter;
(ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and
(iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in section 15002 of this title), post traumatic stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions.
(B) Rule of construction
A person who currently lives or resides in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital or other similar facility, and has resided there for fewer than 90 days shall be considered chronically homeless if such person met all of the requirements described in subparagraph (A) prior to entering that facility.
(3) Collaborative applicant
The term “collaborative applicant” means an entity that—
(A) carries out the duties specified in section 11360a of this title;
(B) serves as the applicant for project sponsors who jointly submit a single application for a grant under part C in accordance with a collaborative process; and
(4) Collaborative application
The term “collaborative application” means an application for a grant under part C that—
(A) satisfies section 11382 of this title; and
(5) Consolidated Plan
The term “Consolidated Plan” means a comprehensive housing affordability strategy and community development plan required in part 91 of title 24, Code of Federal Regulations.
(6) Eligible entity
The term “eligible entity” means, with respect to a part, a public entity, a private entity, or an entity that is a combination of public and private entities, that is eligible to directly receive grant amounts under such part.
(7) Families with children and youth defined as homeless under other Federal statutes
The term “families with children and youth defined as homeless under other Federal statutes” means any children or youth that are defined as “homeless” under any Federal statute other than this part, but are not defined as homeless under section 11302 of this title, and shall also include the parent, parents, or guardian of such children or youth under part B of subchapter VI this  chapter (42 U.S.C. 11431 et seq.).
(8) Geographic area
The term “geographic area” means a State, metropolitan city, urban county, town, village, or other nonentitlement area, or a combination or consortia of such, in the United States, as described in section 5306 of this title.
(9) Homeless individual with a disability
(A) In general
The term “homeless individual with a disability” means an individual who is homeless, as defined in section 11302 of this title, and has a disability that—
(ii) is a developmental disability, as defined in section 15002 of this title; or
(10) Legal entity
The term “legal entity” means—
(A) an entity described in section 501 (c)(3) of title 26 and exempt from tax under section 501(a) of such title;
(11) Metropolitan city; urban county; nonentitlement area
The term “new” means, with respect to housing, that no assistance has been provided under this subchapter for the housing.
(13) Operating costs
The term “operating costs” means expenses incurred by a project sponsor operating transitional housing or permanent housing under this subchapter with respect to—
(14) Outpatient health services
The term “outpatient health services” means outpatient health care services, mental health services, and outpatient substance abuse services.
(15) Permanent housing
The term “permanent housing” means community-based housing without a designated length of stay, and includes both permanent supportive housing and permanent housing without supportive services.
(16) Personally identifying information
The term “personally identifying information” means individually identifying information for or about an individual, including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, including—
(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);
(17) Private nonprofit organization
The term “private nonprofit organization” means an organization—
(A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;
(C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Secretary; and
The term “project-based” means, with respect to rental assistance, that the assistance is provided pursuant to a contract that—
(A) is between—
(20) Project sponsor
The term “project sponsor” means, with respect to proposed eligible activities, the organization directly responsible for carrying out the proposed eligible activities.
Except as used in part B, the term “recipient” means an eligible entity who—
(A) submits an application for a grant under section 11382 of this title that is approved by the Secretary;
(B) receives the grant directly from the Secretary to support approved projects described in the application; and
(23) Serious mental illness
The term “serious mental illness” means a severe and persistent mental illness or emotional impairment that seriously limits a person’s ability to live independently.
(24) Solo applicant
The term “solo applicant” means an entity that is an eligible entity, directly submits an application for a grant under part C to the Secretary, and, if awarded such grant, receives such grant directly from the Secretary.
The term “sponsor-based” means, with respect to rental assistance, that the assistance is provided pursuant to a contract that—
(A) is between—
Except as used in part B, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(27) Supportive services
The term “supportive services” means services that address the special needs of people served by a project, including—
(A) the establishment and operation of a child care services program for families experiencing homelessness;
(B) the establishment and operation of an employment assistance program, including providing job training;
(D) the provision of assistance in obtaining permanent housing, employment counseling, and nutritional counseling;
(E) the provision of outreach services, advocacy, life skills training, and housing search and counseling services;
(G) the provision of assistance in obtaining other Federal, State, and local assistance available for residents of supportive housing (including mental health benefits, employment counseling, and medical assistance, but not including major medical equipment);
(H) the provision of legal services for purposes including requesting reconsiderations and appeals of veterans and public benefit claim denials and resolving outstanding warrants that interfere with an individual’s ability to obtain and retain housing;
(I) the provision of—
(i) transportation services that facilitate an individual’s ability to obtain and maintain employment; and
The term “tenant-based” means, with respect to rental assistance, assistance that—
(A) allows an eligible person to select a housing unit in which such person will live using rental assistance provided under part C, except that if necessary to assure that the provision of supportive services to a person participating in a program is feasible, a recipient or project sponsor may require that the person live—
(B) provides that a person may receive such assistance and move to another structure, unit, or geographic area if the person has complied with all other obligations of the program and has moved out of the assisted dwelling unit in order to protect the health or safety of an individual who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted dwelling unit.
(29) Transitional housing
The term “transitional housing” means housing the purpose of which is to facilitate the movement of individuals and families experiencing homelessness to permanent housing within 24 months or such longer period as the Secretary determines necessary.
(30) Unified funding agency
(31) Underserved populations
The term “underserved populations” includes populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Secretary, as appropriate.
(32) Victim service provider
The term “victim service provider” means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. Such term includes rape crisis centers, battered women’s shelters, domestic violence transitional housing programs, and other programs.
(33) Victim services
The term “victim services” means services that assist domestic violence, dating violence, sexual assault, or stalking victims, including services offered by rape crisis centers and domestic violence shelters, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.
 So in original. Probably should be “of this”.
Source(Pub. L. 100–77, title IV, § 401, as added Pub. L. 111–22, div. B, title I, § 1101(3),May 20, 2009, 123 Stat. 1669.)
A prior section 401 ofPub. L. 100–77was renumbered section 403 and is classified to section 11361 of this title.
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 ofPub. L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11302 of this title.
HEARTH Act Technical Corrections
Pub. L. 112–141, div. F, title II, § 100261,July 6, 2012, 126 Stat. 978, provided that: “For purposes of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.)—
“(1) the term ‘local government’ includes an instrumentality of a unit of general purpose local government other than a public housing agency that is established pursuant to legislation and designated by the chief executive to act on behalf of the local government with regard to activities funded under such title IV and includes a combination of general purpose local governments, such as an association of governments, that is recognized by the Secretary of Housing and Urban Development;
“(2) the term ‘State’ includes any instrumentality of any of the several States designated by the Governor to act on behalf of the State and does not include the District of Columbia;
“(3) for purposes of environmental review, the Secretary of Housing and Urban Development shall continue to permit assistance and projects to be treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and subject to the regulations issued by the Secretary of Housing and Urban Development to implement such section; and
“(4) a metropolitan city and an urban county that each receive an allocation under such title IV and are located within a geographic area that is covered by a single continuum of care may jointly request the Secretary of Housing and Urban Development to permit the urban county or the metropolitan city, as agreed to by such county and city, to receive and administer their combined allocations under a single grant.”
For provisions relating to definitions of “State” and “local government” as used in this section, see section 100261 ofPub. L. 112–141, set out as a HEARTH Act Technical Corrections note above.
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