Sec. 2. Definitions
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/bill/116/hr/6308/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this Act, the following definitions shall apply: The term at risk of homelessness means, with respect to an individual or family, that the individual or family— has an annual income that is less than 30 percent of median family income for the area, as determined by the Secretary; does not have sufficient resources or support networks, including family, friends, faith-based organizations, and other social networks, immediately available to prevent the individual or family from moving to an emergency shelter or other place described in paragraph (3)(A) of this subsection; and has moved because of economic hardship two or more times during the 60 days immediately preceding the application for homelessness prevention assistance under this Act; is living in the home of another because of economic hardship; has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days of the date of application for assistance under this Act; lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by Federal, State, or local government programs for low-income individuals; lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the United States Census Bureau; is exiting a publicly funded institution, or system of care, including health-care facilities, mental health facilities, foster care and other youth facilities, and correction programs and institutions; or otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, including those characteristics identified in the approved consolidated plan for the applicable jurisdiction.
The term cost-burdened means, with respect to an individual or family, that the individual or family— spends more than 22 percent of their income on rent, or other housing-related costs, including property taxes, utility bills, and mortgage payments, or both; or otherwise compromises other basic needs in order to pay for housing. The terms governmental unit and municipality have the meanings given such terms in section 101 of title 31, United States Code. The term homeless means, with respect to an individual or family— an individual or family who lacks a fixed, regular, and adequate nighttime residence; an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing); an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided; and an individual or family who will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations.
The term Housing First means, with respect to addressing homelessness, an approach to quickly and successfully connect individuals and families experiencing homelessness to permanent and affordable housing opportunities and appropriate services without preconditions and low or no barriers to entry, including barriers relating to sobriety, treatment, work requirements, and service participation requirements. The term housing-unstable means, with respect to an individual or family that the individual or family— lacks a fixed, regular, and adequate nighttime residence; shares housing with other persons due to loss of housing or economic hardship; lives in hotels or motels, trailer parks, or campgrounds due to lack of alternative arrangements; is awaiting foster care placement; lives in substandard housing; is a child of migrant worker; has moved more than three times in the past year due to economic instability; would be unable to pay for housing if their income decreased by $100 or more or if they experienced a financial hardship; is paying for housing or shelter with labor or sex; has housing that is dependent on their employer; is exiting from incarceration (including pre-trial and pre-conviction detention; immigration detention; and juvenile detention) or who will be exiting from incarceration (including conditional release on bail or parole) in the next six months, or, with respect to youth, who is or has been held in the custody of the Office of Refugee Resettlement of the Department of Health and Human Services; has an income is does not exceed 50 percent of median income for the area in which they reside; has a primary income that is fixed and derived solely from Federal or State benefits; or is a survivor of domestic violence or trafficking residing with a perpetrator of domestic violence or trafficking.
Such term includes an individual or family who is— at risk of homelessness, as such term in defined in this subsection; not consistently or safely housed, including individuals and families at imminent risk of eviction, who are couch-hopping, have had to move into the dwelling unit of another individual or family; or homeless in a rural area. The term justice system-involved includes persons who are or have been incarcerated or held in municipal, State, or Federal jails, prisons, juvenile facilities, or other types of detention facilities, who have been held in pre-trial or post-conviction detention, who have an arrest or conviction regardless of whether they were detained or incarcerated, who have been held in immigration detention, or, with respect to youth, who are or have been held in the custody of the Office of Refugee Resettlement of the Department of Health and Human Services.
The term penalize homelessness means to impose, by a governmental unit, criminal or civil penalties on persons who are homeless or housing unstable in a manner that is related to those persons’ engagement in necessary human activities, including sleeping, resting, and eating. The term permanent supportive housing means housing that provides— indefinite leasing or rental assistance; and non-mandatory, culturally competent supportive services to assist persons to achieve housing stability and maintain their health and well-being.
The term population at higher risk of homelessness means a group of persons that is defined by a common characteristic and that has been found to experience homelessness, housing instability, or to be cost-burdened at a rate higher than that of the general public. Information that may be used in demonstrating such a higher rate includes data generated by the Federal Government, by State or municipal governments, by peer-reviewed research, and by organizations having expertise in working with or advocating on behalf of homeless, housing unstable, or cost-burdened groups.
Such term shall include populations for which such higher rate has already been demonstrated, including Asian, Black, Latino, Native American, Native Hawaiian, Pacific Islander and other communities of color; persons with disabilities, including mental health disabilities, elderly persons, foster and former foster youth; LGBTQ persons, gender non-binary and gender non-conforming persons, justice system-involved persons, and veterans.