Page:United States Statutes at Large Volume 123.djvu/1703

 123STA T . 1 68 3 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9thefundi n g f orap eriod of not m ore than 1y ear , and under s u c h conditions as the S ecretary determines to b e appropriate .‘ ‘ ( f )CONSIDERAT IONS IN D ETER M ININ GR ENE W A LFU NDING. —W hen pro v iding rene w a l funding for leasing, operating costs, or rental assistance for permanent housing, the Secretary shall ma k e ad j ustments proportional to increases in the fair market rents in the geographic area. ‘‘(g) M ORE TH AN1 AP PLI C ATION F ORA G EOGRAPHIC AREA.— I f more than 1 collaborative applicant applies for funds for a geographic area, the Secretary shall award funds to the collabo - rative applicant with the highest score based on the selection cri- teria set forth in section 427 . ‘‘(h) APPEALS.— ‘‘(1) IN GENERAL.—The Secretary shall establish a timely appeal procedure for grant amounts awarded or denied under this subtitle pursuant to a collaborative application or solo application for funding. ‘‘(2) P ROCESS.—The Secretary shall ensure that the proce- dure permits appeals submitted by entities carrying out home- less housing and services projects (including emergency shelters and homelessness prevention programs), and all other applicants under this subtitle. ‘‘(i) SOLO APPLICANTS.—A solo applicant may submit an applica- tion to the Secretary for a grant under subsection (a) and be awarded such grant on the same basis as such grants are awarded to other applicants based on the criteria described in section 427, but only if the Secretary determines that the solo applicant has attempted to participate in the continuum of care process but was not permitted to participate in a reasonable manner. The Secretary may award such grants directly to such applicants in a manner determined to be appropriate by the Secretary. ‘‘(j) FLE X I B ILIT Y TO SER V E PERSONS DEFINED AS H OMELESS U NDER O THER FEDERAL L AWS.— ‘‘(1) IN GENERAL.—A collaborative applicant may use not more than 1 0 percent of funds awarded under this subtitle (continuum of care funding) for any of the types of eligible activities specified in paragraphs (1) through (7) of section 42 3 (a) to serve families with children and youth defined as homeless under other Federal statutes, or homeless families with children and youth defined as homeless under section 103(a)( 6 ), but only if the applicant demonstrates that the use ofsuchfundsisofane q ual or greater priority or is equally or more cost effective in meeting the overall goals and objectives of the plan submitted under section 427(b)(1)( B ), especially with respect to children and unaccompanied youth. ‘‘(2) LIMITATIONS.—The 10 percent limitation under para- graph (1) shall not apply to collaborative applicants in which the rate of homelessness, as calculated in the most recent point in time count, is less than one-tenth of 1 percent of total population. ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— ‘‘(A) IN GENERAL.— N otwithstanding section 103(a) and subject to subparagraph (B), funds awarded under this subtitle may be used for eligible activities to serve unaccom- panied youth and homeless families and children defined as homeless under section 103(a)(6) only pursuant to para- graph (1) of this subsection and such families and children Procedu re s.