HB689: HB689 Housing; establish a homelessness prevention program

26 LC 60 0355S The Senate Committee on Government Oversight offered the following substitute to HB 689: A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated,1 relating to housing trust fund for the homeless, so as to establish a homelessness prevention2 program; to provide for an application process and minimum stan dards; to provide for the3 use of certain funds; to provide for disbursements; to require contracts and assurances; to4 provide for definitions; to provide for related matters; to rep eal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 5 of Chapter 3 of Title 8 of the Official Code of Georg ia Annotated, relating to9 housing trust fund for the homeless, is amended by revising paragraph (5) of and adding a10 new paragraph to Code Section 8-3-301, relating to definitions, as follows:11 "(2.1) 'Homelessness prevention program' means a program that:12 (A) Aims to prevent homelessness, support housing stability am ong low-income13 persons, and avoid evictions for low-income persons;14 (B) Is certified by the commission as meeting the terms and co nditions established15 under Code Section 8-3-311.1; and16 - 1 - 26 LC 60 0355S (C) Is otherwise ineligible for certification as a residential housing project or stable17 housing accountability program under Code Sections 8-3-310 and 8-3-311."18 "(5) 'Qualified sponsor' means a nonprofit, for profit, or gove rnmental sponsor of a19 residential housing project, or stable housing accountability program, or homelessness20 prevention program that meets the conditions of this article. Such term shall specifically21 include, but shall not be limited to,:22 (A) Legal services agencies that primarily provide free legal services to homeless or23 low-income persons;24 (B) Providers of mediation services and resources aimed at evi ction diversion and25 resolving dispossessory disputes for low-income persons;26 (C) Any coalition of organizations providing a unified portal or single point of entry27 for receiving applications from low-income persons for emergency rental and related28 assistance, determining eligibility, and distributing support;29 (D) Local local housing authorities established under Article 1 of this chapte r and30 urban residential finance authorities established under Chapter 41 of Title 36.; and31 (E) Other organizations as the commission determines are appro priate to prevent32 homelessness and implement the purposes of Code Section 8-3-311.1."33 SECTION 2.34 Said article is further amended by revising paragraph (4) of Code Section 8-3-308, relating35 to duties of commission, as follows:36 "(4) Accept applications for disbursements of available moneys from the trust fund for37 residential housing projects and , stable housing accountability programs, and38 homelessness prevention programs in accordance with Code Sections 8-3-310 and ,39 8-3-311, and 8-3-311.1, respectively; and"40 - 2 - 26 LC 60 0355S SECTION 3.41 Said article is further amended by revising Code Section 8-3-309, relating to acceptance of42 federal funds and disposition, as follows:43 "8-3-309.44 The commission may accept federal funds granted by Congress or executive order,45 appropriations from the General Assembly, and gifts, grants, an d donations from46 individuals, private organizations, or foundations for the purposes of residential housing47 projects or homelessness prevention programs . The commission may also accept48 appropriations from the General Assembly, federal funds granted by Congress or executive49 order, and gifts, grants, and donations from individuals, priva te organizations, or50 foundations for the stable housing accountability programs; provided, however, that in no51 event shall any such funds be accepted if there are conditions for the use of such funds in52 a manner inconsistent with the provisions of this article. All funds received in this manner53 shall be transmitted to the state treasurer for deposit in the trust fund to be disbursed as54 other moneys in the trust fund."55 SECTION 4.56 Said article is further amended by adding a new Code section to read as follows:57 "8-3-311.1.58 (a) With respect to homelessness prevention programs, the commission may authorize the59 disbursement of available money from the trust fund for any hom elessness prevention60 program sponsored by a qualified sponsor under the terms and conditions of this article.61 (b) The commission may consult, as appropriate, with persons w ith varied and diverse62 interests in housing in order to acquaint them with the trust fund and to solicit information63 relating to preventing homelessness, supporting housing stabili ty among low-income64 persons, and avoiding eviction for low-income persons in ways that may not otherwise be65 addressed by residential housing projects or stable housing accountability programs under66 - 3 - 26 LC 60 0355S Code Sections 8-3-310 and 8-3-311, and to establish criteria for selection of homelessness67 prevention programs.68 (c) The commission shall develop an application process for qualified sponsors to apply69 for funding to operate a homelessness prevention program.70 (d) The commission shall publish uniform state-wide minimum st andards for a71 homelessness prevention program. At a minimum, to be certified as a homelessness72 prevention program, the program shall build the capacity of a qualified sponsor to deliver73 homelessness prevention services, short-term rental assistance, and eviction diversion74 programs for low-income persons, or provide one or more of the following services:75 (1) Delivering short-term emergency rental and utilities assis tance to low-income76 persons;77 (2) Providing legal services in representing low-income person s in dispossessory78 proceedings;79 (3) Providing mediation assistance through an eviction diversion program to landlords80 and tenants who are low-income persons;81 (4) Operating a portal or single point of entry for receiving applications for short-term82 emergency rental assistance for low-income persons, determining eligibility, referring83 homeless or low-income persons to organizations providing assistance for which they are84 eligible, or providing direct assistance to such homeless or low-income persons; or85 (5) Such other purposes as the commission determines will furt her the goals of this86 program to prevent homelessness, support housing stability among low-income persons,87 and avoid evictions for low-income persons.88 (e) The criteria for approving an application shall include, but shall not be limited to:89 (1) The total number of homeless or low-income persons who are likely to receive90 assistance from the proposed homelessness prevention program;91 (2) The ability of the applicant to leverage his or her own or other available money or92 in-kind services for the benefit of the proposed homelessness prevention program;93 - 4 - 26 LC 60 0355S (3) The geographic distribution of existing homelessness prevention programs;94 (4) The quality of the various forms of assistance to be offer ed to homeless and95 low-income persons by the proposed homelessness prevention program;96 (5) The likelihood that the qualified sponsor will successfull y fulfill the terms and97 conditions set forth in this article and the contract between t he commission and the98 qualified sponsor; and99 (6) Any and all other factors bearing upon the advisability and necessity of the proposed100 homelessness prevention program.101 (f) The application process, minimum standards, approval criteria, and available funding102 for homelessness prevention programs shall be published and maintained on the website103 of the commission, which shall be hosted on the public website of the Department of104 Community Affairs.105 (g) No funds shall be disbursed to a qualified sponsor until a contract is signed for the106 provision of the approved homelessness prevention program. Each contract shall require107 financial assurance from the qualified sponsor for full compliance with the contract."108 SECTION 5.109 Said article is further amended by revising subsection (a) of Code Section 8-3-313, relating110 to powers of commission, as follows:111 "(a) The commission shall have the power to hold title to any residential housing project,112 or stable housing accountability program, or homelessness prevention program financed113 by it, but it shall not be required to do so."114 SECTION 6.115 All laws and parts of laws in conflict with this Act are repealed.116 - 5 -