§ 2041. Housing assistance for homeless veterans

§ 2041. Housing assistance for homeless veterans

(a)

(1) To assist homeless veterans and their families in acquiring shelter or permanent housing, the Secretary may enter into agreements described in paragraph (2) with—

(A) nonprofit organizations, with preference being given to any organization that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title; or

(B) any State or tribal entity, or any political subdivision thereof.

(2) To carry out paragraph (1), the Secretary may enter into agreements to sell, lease, lease with an option to purchase, or donate real property, and improvements thereon, acquired by the Secretary as the result of a default on a loan made, insured, or guaranteed under this chapter. Such sale or lease or donation shall be for such consideration as the Secretary determines is in the best interests of homeless veterans and the Federal Government.

(3) The Secretary may enter into an agreement under paragraph (1) of this subsection only if—

(A) the Secretary determines that such an action will not adversely affect the ability of the Department—

(i) to fulfill its statutory missions with respect to the Department loan guaranty program and the short- and long-term solvency of the Veterans Housing Benefit Program Fund established under section 3722 of this title; or

(ii) to carry out other functions and administer other programs authorized by law;

(B) the entity to which the property is sold, leased, or donated agrees to—

(i)

(I) utilize the property solely as a shelter or permanent housing primarily for homeless veterans and their families; or

(II) sell or rent the property directly to homeless veterans or veterans at risk of homelessness;

(ii) comply with all zoning laws relating to the property;

(iii) make no use of the property that is not compatible with the area where the property is located; and

(iv) take such other actions as the Secretary determines are necessary or appropriate in the best interests of homeless veterans and the Federal Government; and

(C) the Secretary determines that there is no significant likelihood of the property being sold for a price sufficient to reduce the liability of the Department or the veteran who defaulted on the loan.

(4) The term of any lease under this subsection may not exceed three years.

(5) An approved entity that leases a property from the Secretary under this section shall be responsible for the payment of any taxes, utilities, liability insurance, and other maintenance charges or similar charges that apply to the property.

(6) Any agreement, deed, or other instrument executed by the Secretary under this subsection shall be on such terms and conditions as the Secretary determines to be appropriate and necessary to carry out the purpose of such agreement.

(b)

(1) Subject to paragraphs (2) and (3), the Secretary may make loans to organizations described in paragraph (1)(A) of subsection (a) to finance the purchase of property by such organizations under such subsection.

(2) In making a loan under this subsection, the Secretary—

(A) shall establish credit standards to be used for this purpose;

(B) may, pursuant to section 3733(a)(6) of this title, provide that the loan will bear interest at a rate below the rate that prevails for similar loans in the market in which the loan is made; and

(C) may waive the collection of a fee under section 3729 of this title in any case in which the Secretary determines that such a waiver would be appropriate.

(c) The Secretary may not enter into agreements under subsection (a) after September 30, 2026.

(Added Pub. L. 102–54, § 9(a), June 13, 1991, 105 Stat. 272, § 1835; renumbered § 3735, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 102–590, §§ 8, 9, Nov. 10, 1992, 106 Stat. 5140; Pub. L. 103–446, title XII, § 1201(d)(13), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104–110, title I, § 101(h), Feb. 13, 1996, 110 Stat. 768; Pub. L. 105–114, title II, § 203(a), Nov. 21, 1997, 111 Stat. 2288; Pub. L. 105–368, title VI, § 602(e)(1)(G), Nov. 11, 1998, 112 Stat. 3347; Pub. L. 106–117, title IX, § 902, Nov. 30, 1999, 113 Stat. 1587; renumbered § 2041, Pub. L. 107–95, § 5(c), Dec. 21, 2001, 115 Stat. 918; Pub. L. 108–170, title IV, § 404, Dec. 6, 2003, 117 Stat. 2063; Pub. L. 109–444, § 8(a)(5), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title VII, § 705, title X, §§ 1004(a)(5), 1006(b), Dec. 22, 2006, 120 Stat. 3440, 3465, 3468; Pub. L. 112–37, § 10(e), Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–191, title II, § 205, Oct. 5, 2012, 126 Stat. 1439; Pub. L. 113–59, § 10, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title II, § 205, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, § 303, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title III, § 304, Sept. 29, 2016, 130 Stat. 939; Pub. L. 117–328, div. U, title III, § 304, Dec. 29, 2022, 136 Stat. 5470.)

Editorial Notes

Amendments

2022—Subsec. (a)(1). Pub. L. 117–328, § 304(a)(1)(A), inserted “or permanent housing” after “shelter” in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 117–328, § 304(a)(1)(B), substituted “that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title” for “named in, or approved by the Secretary under, section 5902 of this title”.

Subsec. (a)(1)(B). Pub. L. 117–328, § 304(a)(1)(C), inserted “or tribal entity,” after “State”.

Subsec. (a)(3)(B)(i). Pub. L. 117–328, § 304(a)(2)(A), designated existing provisions as subcl. (I), inserted “or permanent housing” after “shelter”, substituted “; or” for comma at end, and added subcl. (II).

Subsec. (a)(3)(B)(ii), (iii). Pub. L. 117–328, § 304(a)(2)(B), substituted semicolons for commas.

Subsec. (c). Pub. L. 117–328, § 304(b), substituted “September 30, 2026” for “September 30, 2017”.

2016—Subsec. (c). Pub. L. 114–228 substituted “September 30, 2017” for “September 30, 2016”.

2015—Subsec. (c). Pub. L. 114–58 substituted “September 30, 2016” for “September 30, 2015”.

2014—Subsec. (c). Pub. L. 113–175 substituted “September 30, 2015” for “December 31, 2014”.

2013—Subsec. (c). Pub. L. 113–59 substituted “December 31, 2014” for “December 31, 2013”.

2012—Subsec. (c). Pub. L. 112–191 substituted “December 31, 2013” for “December 31, 2012”.

2011—Subsec. (c). Pub. L. 112–37 substituted “December 31, 2012” for “December 31, 2011”.

2006—Subsec. (a)(3)(A)(i). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Pub. L. 109–461, § 1004(a)(5), substituted “established under section 3722 of this title” for “under this chapter”.

Pub. L. 109–444, which substituted “established under section 3722 of this title” for “under this chapter”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, § 705, substituted “December 31, 2011” for “December 31, 2008”.

2003—Subsec. (c). Pub. L. 108–170 substituted “December 31, 2008” for “December 31, 2003”.

2001—Pub. L. 107–95 renumbered section 3735 of this title as this section.

1999—Subsec. (c). Pub. L. 106–117 substituted “December 31, 2003” for “December 31, 1999”.

1998—Subsec. (a)(3)(A)(i). Pub. L. 105–368 substituted “Veterans Housing Benefit Program Fund” for “Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund”.

1997—Subsec. (c). Pub. L. 105–114 substituted “December 31, 1999” for “December 31, 1997”.

1996—Subsec. (c). Pub. L. 104–110 substituted “December 31, 1997” for “December 31, 1995”.

1994—Subsec. (a)(1)(A). Pub. L. 103–446 substituted “section 5902” for “section 3402”.

1992—Subsec. (a)(2). Pub. L. 102–590, § 8(a)(1), inserted “, lease, lease with an option to purchase, or donate” after “sell” and “or lease or donation” after “sale”.

Subsec. (a)(3)(B). Pub. L. 102–590, § 8(a)(2), inserted “, leased, or donated” after “sold” in introductory provisions.

Subsec. (a)(4) to (6). Pub. L. 102–590, § 8(a)(3), (4), added pars. (4) and (5) and redesignated former par. (4) as (6).

Subsec. (b). Pub. L. 102–590, § 9(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 102–590, § 8(b), substituted “December 31, 1995” for “September 30, 1993”.

Subsec. (c). Pub. L. 102–590, § 9(a)(1), redesignated subsec. (b) as (c).

1991—Pub. L. 102–83 renumbered section 1835 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title.

Support for Aging Veterans at Risk of or Experiencing Homelessness

Pub. L. 117–328, div. U, title I, § 164, Dec. 29, 2022, 136 Stat. 5431, provided that: “(a) In General.—The Secretary of Veterans Affairs shall work with public housing authorities and local organizations to assist aging homeless veterans in accessing existing housing and supportive services, including health services like home-based and community-based services from the Department of Veterans Affairs or from non-Department providers in the community. “(b) Payment for Services.—The Secretary may, and is encouraged to, pay for services for aging homeless veterans described in subsection (a).”

Department of Veterans Affairs Sharing of Information Relating to Coordinated Entry Processes for Housing and Services Operated Under Department of Housing and Urban Development Continuum of Care Program

Pub. L. 117–328, div. U, title III, § 307, Dec. 29, 2022, 136 Stat. 5472, provided that: “(a) In General.—The Under Secretary for Health of the Department of Veterans Affairs shall—“(1) provide to staff of medical centers of the Department of Veterans Affairs and homelessness service providers of the Department the information described in subsection (b); and “(2) ensure that such information, and other resources the Under Secretary determines are appropriate, are accessible to such staff and providers. “(b) Information Described.—The information described in this subsection is information related to best practices with respect to the collaboration between medical centers of the Department of Veterans Affairs, homelessness service providers of the Department, and local partners (including local offices of the Department of Housing and Urban Development or public housing agencies, and private and public local community organizations) on the centralized or coordinated assessment systems established and operated by Continuums of Care under section 578.7(a)(8) of title 24, Code of Federal Regulations, including making referrals and sharing data, as the Under Secretary determines appropriate.”

System for Sharing and Reporting Data

Pub. L. 117–328, div. U, title III, § 309, Dec. 29, 2022, 136 Stat. 5473, provided that: “(a) In General.—The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall work together to develop a system for effectively sharing and reporting data between the community-wide homeless management information system described in section 402(f)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(3)) and the Homeless Operations Management and Evaluation System of the Department of Veterans Affairs. “(b) Deadline.—The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall ensure that the system developed under subsection (a) is operational not later than three years after the date of the enactment of this Act [Dec. 29, 2022].”

Availability of Telehealth for Case Managers and Homeless Veterans

Pub. L. 116–136, div. B, title X, § 20011, Mar. 27, 2020, 134 Stat. 589, provided that: “The Secretary of Veterans Affairs shall ensure that telehealth capabilities are available during a public health emergency for case managers of, and homeless veterans participating in, the Department of Housing and Urban Development–Department of Veterans Affairs Supportive Housing program (commonly referred to as ‘HUD–VASH’).”

[For definition of “public health emergency” as used in section 20011 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out as a note under section 303 of this title.]

Collaboration in Provision of Case Management Services to Homeless Veterans in Supported Housing Program