24 LC 49 1862
House Bill 1410
By: Representative Efstration of the 104
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing
1
generally, so as to establish a stable housing accountability program; to provide for an2
application process and minimum standards; to provide for the use of certain funds; to3
provide for disbursements; to require contracts and assurances; to revise means of4
appointment to the commission; to provide for definitions; to amend Title 50 of the Official5
Code of Georgia Annotated, relating to state government, so as to provide for a performance6
audit by the state auditor on public spending on homeless programs; to provide for related7
matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally,11
is amended by revising Article 5, relating to the State Housing Trust Fund for the Homeless,12
as follows:13
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"ARTICLE 5
14
8-3-300.15
This article shall be known and may be
cited as the 'State Housing Trust Fund for the16
Homeless Act.'17
8-3-301.18
As used in this article, the term:19
(1) 'Commission' means the State Housing Trust Fund for the Homeless Commission20
created in Code Section 8-3-306.21
(2) 'Homeless' means persons and families who have no access to or can reasonably be22
expected not to have access to either traditional or permanent housing which can be23
considered safe, sanitary, decent, and affordable.24
(2) 'Homeless person' means each individual together with his or her immediate family,25
if any, provided that:26
(A) Their primary nighttime residence is in a public or private place that is not27
designed for or ordinarily used as a long-term or medium-term sleeping accommodation28
for natural persons, and such nighttime residences shall include, but shall not be limited29
to, a car, park, abandoned building, bus or train station, airport, or campground;30
(B) Their primary nighttime residence is in a public or private charitable shelter for31
unhoused individuals that is not designed as a permanent or semipermanent dwelling32
place and they are leaving an institution where he or she has temporarily resided; or33
(C) They:34
(i) Will imminently lose their housing, including housing he or she owns, rents, lives35
in without paying rent, or is sharing with others, and rooms in hotels or motels not36
paid for by a governmental program for low-income persons or by charitable37
organizations, as evidenced by:38
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(I) A court order resulting from an eviction action that notifies the individual that39
he or she must leave within 14 days;40
(II) Such individual having a primary nighttime residence that is a room in a hotel41
or motel and lacking the resources necessary to reside there for more than 14 days;42
(III) Credible indications that the owner or renter of such housing will not allow43
such individual to stay for more than 14 days; or44
(IV) Any oral statement from an individual seeking homeless assistance that is45
found to be credible;46
(ii) Have no subsequent residence identified; and47
(iii) Lack the resources or support networks needed to obtain other permanent48
housing.49
(3) 'Low-income persons' means persons or families who lack the income necessary, as50
determined solely by the commission, to enable them, without financial assistance, to51
secure safe, sanitary, decent, and affordable housing.52
(4) 'Member' means a member appointed to serve on the State Housing Trust Fund for53
the Homeless Commission.54
(5) 'Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a55
residential housing project or stable housing accountability program that meets the56
conditions of this article. Such term shall specifically include, but shall not be limited to,57
local housing authorities established under Article 1 of this chapter and urban residential58
finance authorities established under Chapter 41 of Title 36.59
(6) 'Residential housing project' means a program designed to enhance residential60
housing opportunities for low-income persons. Such projects shall include, but are shall61
not be limited to, financing in whole or in part the acquisition, rehabilitation,62
improvement, or construction of residential rental housing and interest rate or down63
payment assistance programs designed to enhance home ownership opportunities.64
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(7) 'Stable housing accountability program' means a program for housing homeless65
persons that is certified by the commission as meeting the terms and conditions66
established under Code Section 8-3-311. 67
(7)(8) 'Trust fund' means the State Housing Trust Fund for the Homeless created in Code68
Section 8-3-302.69
8-3-302.70
The State Housing Trust Fund for the Homeless is created as a separate fund in the state71
treasury. The fund shall be expended only as provided in this article.72
8-3-303.73
The state treasurer shall credit to the trust fund all amounts appropriated or otherwise74
donated to such trust fund. All funds appropriated to or otherwise paid or credited to the75
trust fund shall be presumptively concluded to have been committed to the purpose for76
which they have been appropriated or paid and shall not lapse. All funds appropriated,77
donated, or otherwise received for the specific purpose of the stable housing accountability78
programs shall be used exclusively for such programs.79
8-3-304.80
The state treasurer shall invest trust fund money in the same manner in which state funds81
are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter82
17 of Title 50.83
8-3-305.84
The Office of the State Treasurer shall be authorized to draw a warrant or warrants upon85
the trust fund upon receipt of an order for payment of the State Housing Trust Fund for the86
Homeless Commission, which order for payment has been approved by the Governor.87
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8-3-306.
88
(a)(1)
There is established the State Housing Trust Fund for the Homeless Commission89
which shall consist of nine members. Two of the nine members shall be the commissioner90
of community affairs, or his or her designee, and either the chairperson of the Board of91
Community Affairs or a member of the Board of Community Affairs designated by the92
chairperson. The Governor shall appoint three of the public members and the Lieutenant93
Governor and the Speaker of the House of Representatives shall each appoint two of the94
remaining seven public members. The public members shall be knowledgeable in the area95
of housing and, to the extent practicable, shall represent diverse housing concerns. 96
(2) Public members shall serve for a term of four years except that initial appointments97
shall be staggered as follows: three of the appointees shall serve an initial term of four98
years and four of the appointees shall serve an initial term of two years. Public members99
shall continue in office until their successors have been appointed and qualified. In the100
event of a vacancy in the office of a public member by death, resignation, or otherwise,101
the Governor shall appoint a successor to serve the balance of the unexpired term.102
(3) Membership on the commission does not constitute public office, and no member103
shall be disqualified from holding public office by reason of his or her membership.104
(b) The commission shall elect a chairperson who shall serve in that position for a term of105
two years. The commission shall elect such other officers and appoint committees as it106
deems appropriate.107
(c) The commission shall hire no staff but shall contract with the Department of108
Community Affairs for professional, technical, and clerical support from the Department109
of Community Affairs as required. In the event that the Department of Community Affairs110
is unable to provide the professional, technical, or clerical services required, the111
commission may hire outside consultants on a specified project basis.112
(d) Any and all appropriations made to the trust fund pursuant to the general113
appropriations Act or the supplemental appropriations Act shall be directed through the114
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Department of Community Affairs. The commission shall submit its budget to and through
115
the Department of Community Affairs.116
8-3-307.117
Members of the commission shall serve without compensation but shall receive the same118
expense allowance per day as that received by a member of the General Assembly for each119
day such member is in physical attendance at a commission meeting, plus either120
reimbursement for actual transportation costs while traveling by public carrier or the same121
mileage allowance for use of a personal car in connection with such attendance as members122
of the General Assembly receive. Notwithstanding the foregoing, no member shall receive123
said expense allowance or travel reimbursement if said member is entitled to receive an124
expense allowance or travel reimbursement or salary for performance of duties on some125
other state board, commission, or entity, by whatever name called, for work performed on126
that day in the same location. Expense allowances and travel reimbursement shall be paid127
from moneys appropriated or otherwise available to the trust fund.128
8-3-308.129
The commission shall:130
(1) Meet at such times and places as it shall determine necessary or convenient to131
perform its duties;132
(2) Maintain minutes of its meetings;133
(3) Adopt rules and regulations for the transaction of its business;134
(4) Accept applications for disbursements of available moneys from the trust fund for135
residential housing projects and stable housing accountability programs in accordance
136
with Code Sections 8-3-310 and 8-3-311; and137
(5) Maintain or cause to be maintained records of all expenditures of the commission,138
all funds received, and all disbursements made.139
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8-3-309.
140
The commission may accept federal funds granted by Congress or executive order for the141
purposes of residential housing projects and
or stable housing accountability programs, as142
well as gifts, grants, and donations from individuals, private organizations, or foundations;143
provided, however, that in no event shall any such funds be accepted if there are conditions144
for the use of such funds in a manner inconsistent with the provisions of this article. All145
funds received in this manner shall be transmitted to the state treasurer for deposit in the146
trust fund to be disbursed as other moneys in the trust fund.147
8-3-310.148
(a) The With respect to residential housing projects, the commission may authorize the149
disbursement of available money from the trust fund for residential housing projects150
sponsored by a qualified sponsor. The commission may consult, as appropriate, with151
persons with varied and diverse interests in housing in order to acquaint them with the trust152
fund and to solicit information relating to housing needs, residential housing projects, and153
criteria for selection of residential housing projects. The criteria for making such154
disbursement decisions shall include, but shall not be limited to, the following:155
(1) The number of persons assisted;156
(2) The leveraging of money or in-kind services by a qualified sponsor;157
(3) The geographic distribution of residential housing projects;158
(4) The availability of other forms of assistance; and159
(5) Any and all other factors bearing upon the advisability and necessity of the160
residential housing project.161
(b) Funds may also be disbursed from the trust fund to pay expenses of the commission,162
to pay any and all operating expenses, and to pay for professional, technical, and clerical163
services provided the commission by the Department of Community Affairs or by other164
outside sources.165
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8-3-311.166
(a) With respect to stable housing accountability programs, the commission may authorize167
the disbursement of available money from the trust fund for any stable housing168
accountability program sponsored by a qualified sponsor under the terms and conditions169
of this article.170
(b) The commission may consult, as appropriate, with persons with varied and diverse171
interests in housing in order to acquaint them with the trust fund and to solicit information172
relating to housing needs, potential stable housing accountability programs, and criteria for173
selection of stable housing accountability programs.174
(c) On or before January 1, 2025, the commission shall develop an application process for175
qualified sponsors to apply for funding to operate a stable housing accountability program.176
(d) On or before January 1, 2025, the commission shall publish uniform state-wide177
minimum standards for a stable housing accountability program. At minimum, to be178
certified as a stable housing accountability program, the program shall:179
(1) Provide voluntary, immediate, and stable housing to homeless persons;180
(2) Limit the length of total residence for any person to 18 months or whenever the181
tenant who was the qualifying resident is able to obtain or is offered affordable housing,182
whichever is earlier;183
(3) Ensure that the minor children of any resident receives adequate nutrition, health184
care, and education;185
(4) Provide ongoing assistance to each resident for obtaining long-term affordable186
housing;187
(5) Require residents to be removed from the program if they fail to meet specified188
accountability measures, including sustaining an honest, good-faith effort to achieve or189
maintain sobriety from drugs and alcohol;190
(6) Conduct regular inspections of common areas and residential units; and191
(7) Require qualifying residents:192
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(A) To show proof of citizenship and execute an affidavit verifying continuous193
residency in this state for the previous 12 months;194
(B) To participate in free and relevant job training and educational opportunities until195
such resident obtains stable employment;196
(C) To engage in an active search and apply for stable employment;197
(D) Who obtain stable employment to maintain such employment status as long as198
stable employment is available to them;199
(E) To participate in counseling, mental heath care, and substance abuse treatment200
programs, as necessary;201
(F) To submit to regular drug and alcohol testing;202
(G) To abstain from criminal activity; and203
(H) To submit to regular review of compliance with applicable terms and conditions204
provided for in this Code section for stable housing accountability programs.205
(e) The criteria for approving an application shall include, but shall not be limited to:206
(1) The total number of homeless persons who are likely to receive assistance from the207
proposed stable housing accountability program;208
(2) The ability of the applicant to leverage their own or other available money or in-kind209
services for the benefit of the proposed stable housing accountability program;210
(3) The geographic distribution of existing stable housing accountability programs;211
(4) The quality of the various forms of assistance to be offered to residents of the212
proposed stable housing accountability program;213
(5) The likelihood that the qualified sponsor will successfully fulfill the terms and214
conditions set forth in this article and the contract between the commission and the215
qualified sponsor; and216
(6) Any and all other factors bearing upon the advisability and necessity of the proposed217
stable housing accountability program.218
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(f) On or before January 1, 2025, the application process, minimum standards, approval219
criteria, and available funding for transitional housing projects shall be published and220
maintained on the website of the commission, which shall be hosted on the public website221
of the Department of Community Affairs.222
(g) No funds shall be disbursed to a qualified sponsor until a contract is signed for the223
provision of the approved stable housing accountability program. Each contract shall224
require financial assurance from the qualified sponsor for full compliance with the contract.225
8-3-312.226
Funds may be disbursed from the trust fund to pay expenses of the commission, to pay any227
and all operating expenses, and to pay for professional, technical, and clerical services228
provided the commission by the Department of Community Affairs or by other outside229
sources.230
8-3-311 8-3-313.231
(a) The commission shall have the power to hold title to any residential housing project232
or stable housing accountability program financed by it, but it shall not be required to do233
so.234
(b) The commission shall have the power to foreclose on any mortgage or security interest235
in default and to commence any action to protect or enforce any right conferred upon it by236
any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other237
agreement; to bid for and purchase property which was the subject of such mortgage or238
security interest at any foreclosure or at any other sale; to accept a deed in lieu of239
foreclosure; to acquire or take possession of such property; and to exercise any and all240
rights as provided by law or contract for the benefit or protection of the commission."241
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SECTION 2.
242
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended243
in Article 1 of Chapter 6, relating to general provisions relative to the Department of Audits244
and Accounts, by adding a new Code section to read as follows:245
"50-6-10.
246
The state auditor shall conduct a performance audit of spending on homeless programs in247
this state, including expenditures by the state, expenditures by municipalities and counties248
with substantial homeless populations, and the expenditure of federal funds allocated to the249
state for homeless programs. The audit shall examine the awarding of contracts and grants250
relating to homeless services and supports, the metrics used to determine success of the251
expenditures, and whether the metrics are met by the contractors and grantees. The audit252
shall be provided to the Governor, Lieutenant Governor, and Speaker of the House of253
Representatives no later than December 31, 2024."254
SECTION 3.255
All laws and parts of laws in conflict with this Act are repealed.256
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