42 U.S. Code § 11386 - Program requirements
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 assistance 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 or project sponsor 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.
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 or project sponsor 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.
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.
The Secretary shall, by regulation, require each recipient or project sponsor 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 or project sponsor, 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.
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.
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.
 So in original. The word “that” probably should not appear.
 See References in Text note below.
The Individuals with Disabilities Education Act, referred to in subsec. (b)(4)(D), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.
The Act, referred to in subsec. (b)(4)(E), probably means “this Act”, Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.
Executive Order No. 11988, referred to in subsec. (d), is set out as a note under section 4321 of this title.
A prior section 11386, Pub. L. 100–77, title IV, § 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, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013.
2009—Subsecs. (a), (b). Pub. L. 111–22, § 1304(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to applications and selection criteria, respectively.
Subsec. (c). Pub. L. 111–22, § 1304(1)–(3), redesignated subsec. (d) as (c), substituted “recipient or project sponsor” for “recipient” in first sentence, and struck out former subsec. (c) which related to required agreements.
Subsec. (d). Pub. L. 111–22, § 1304(5), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 111–22, § 1304(4)–(6), redesignated subsec. (g) as (e), substituted “recipient or project sponsor” for “recipient” in two places in first sentence, and struck out former subsec. (e). Text of subsec. (e) read as follows: “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.”
Subsec. (f). Pub. L. 111–22, § 1304(5), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).
Subsec. (g). Pub. L. 111–22, § 1304(8), redesignated subsec. (j) as (g). Former subsec. (g) redesignated (e).
Subsec. (h). Pub. L. 111–22, § 1304(5), redesignated subsec. (h) as (f).
Subsec. (i). Pub. L. 111–22, § 1304(7), struck out subsec. (i). Text read as follows: “No recipient may use more than 5 percent of a grant received under this part for administrative purposes.”
Subsec. (j). Pub. L. 111–22, § 1304(8), redesignated subsec. (j) as (g).
Amendment by Pub. L. 111–22 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 Pub. L. 111–22, set out as a note under section 11302 of this title.
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