| 14 | 7 | | generally, so as to establish a stable housing accountability program; to provide for an2 |
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| 15 | 8 | | application process and minimum standards; to provide for the use of certain funds; to3 |
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| 16 | 9 | | provide for disbursements; to require contracts and assurances; to revise means of4 |
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| 17 | 10 | | appointment to the commission; to provide for definitions; to amend Title 50 of the Official5 |
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| 18 | 11 | | Code of Georgia Annotated, relating to state government, so as to provide for a performance6 |
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| 19 | 12 | | audit by the state auditor on stable housing accountability programs; to provide for related7 |
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| 20 | 13 | | matters; to repeal conflicting laws; and for other purposes.8 |
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| 21 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 22 | 15 | | SECTION 1.10 |
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| 23 | 16 | | Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally,11 |
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| 24 | 17 | | is amended by revising Article 5, relating to the State Housing Trust Fund for the Homeless,12 |
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| 25 | 18 | | as follows:13 |
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| 33 | 23 | | Homeless Act.'17 |
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| 34 | 24 | | 8-3-301.18 |
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| 35 | 25 | | As used in this article, the term:19 |
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| 36 | 26 | | (1) 'Commission' means the State Housing Trust Fund for the Homeless Commission20 |
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| 37 | 27 | | created in Code Section 8-3-306.21 |
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| 38 | 28 | | (2) 'Homeless' means persons and families who have no access to or can reasonably be22 |
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| 39 | 29 | | expected not to have access to either traditional or permanent housing which can be23 |
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| 40 | 30 | | considered safe, sanitary, decent, and affordable.24 |
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| 41 | 31 | | (3) 'Low-income persons' means persons or families who lack the income necessary, as25 |
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| 42 | 32 | | determined solely by the commission, to enable them, without financial assistance, to26 |
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| 43 | 33 | | secure safe, sanitary, decent, and affordable housing.27 |
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| 44 | 34 | | (4) 'Member' means a member appointed to serve on the State Housing Trust Fund for28 |
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| 45 | 35 | | the Homeless Commission.29 |
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| 46 | 36 | | (5) 'Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a30 |
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| 47 | 37 | | residential housing project or stable housing accountability program that meets the31 |
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| 48 | 38 | | conditions of this article. Such term shall specifically include, but shall not be limited to,32 |
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| 49 | 39 | | local housing authorities established under Article 1 of this chapter and urban residential33 |
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| 50 | 40 | | finance authorities established under Chapter 41 of Title 36.34 |
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| 51 | 41 | | (6) 'Residential housing project' means a program designed to enhance residential35 |
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| 52 | 42 | | housing opportunities for low-income persons. Such projects shall include, but are shall36 |
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| 53 | 43 | | not be limited to, financing in whole or in part the acquisition, rehabilitation,37 |
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| 61 | 48 | | accountability program participants that is certified by the commission as meeting the41 |
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| 62 | 49 | | terms and conditions established under Code Section 8-3-311.42 |
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| 63 | 50 | | (8) 'Stable housing accountability program participants' means each individual together43 |
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| 64 | 51 | | with his or her immediate family, if any, provided that:44 |
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| 65 | 52 | | (A) Their primary nighttime residence is in a public or private place that is not45 |
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| 66 | 53 | | designed for or ordinarily used as a long-term or medium-term sleeping accommodation46 |
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| 67 | 54 | | for natural persons, and such nighttime residences shall include, but shall not be limited47 |
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| 68 | 55 | | to, a car, park, abandoned building, bus or train station, airport, or campground;48 |
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| 69 | 56 | | (B) Their primary nighttime residence is in a public or private charitable shelter for49 |
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| 70 | 57 | | unhoused individuals that is not designed as a permanent or semipermanent dwelling50 |
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| 71 | 58 | | place and they are leaving an institution where he or she has temporarily resided; or51 |
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| 72 | 59 | | (C) They:52 |
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| 73 | 60 | | (i) Will imminently lose their housing, including housing he or she owns, rents, lives53 |
|---|
| 74 | 61 | | in without paying rent, or is sharing with others, and rooms in hotels or motels not54 |
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| 75 | 62 | | paid for by a governmental program for low-income persons or by charitable55 |
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| 76 | 63 | | organizations, as evidenced by:56 |
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| 77 | 64 | | (I) A court order resulting from an eviction action that notifies the individual that57 |
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| 78 | 65 | | he or she must leave within 30 days;58 |
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| 79 | 66 | | (II) Such individual having a primary nighttime residence that is a room in a hotel59 |
|---|
| 80 | 67 | | or motel and lacking the resources necessary to reside there for more than 14 days;60 |
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| 81 | 68 | | (III) Credible indications that the owner or renter of such housing will not allow61 |
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| 82 | 69 | | such individual to stay for more than 30 days; or62 |
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| 83 | 70 | | (IV) Any oral statement from an individual seeking homeless assistance that is63 |
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| 84 | 71 | | found to be credible;64 |
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| 87 | 73 | | (ii) Have no subsequent residence identified; and65 |
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| 88 | 74 | | (iii) Lack the resources or support networks needed to obtain other permanent66 |
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| 89 | 75 | | housing.67 |
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| 90 | 76 | | (7)(9) 'Trust fund' means the State Housing Trust Fund for the Homeless created in Code68 |
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| 91 | 77 | | Section 8-3-302.69 |
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| 92 | 78 | | 8-3-302.70 |
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| 93 | 79 | | The State Housing Trust Fund for the Homeless is created as a separate fund in the state71 |
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| 94 | 80 | | treasury. The fund shall be expended only as provided in this article.72 |
|---|
| 95 | 81 | | 8-3-303.73 |
|---|
| 96 | 82 | | The state treasurer shall credit to the trust fund all amounts appropriated or otherwise74 |
|---|
| 97 | 83 | | donated to such trust fund. All funds appropriated to or otherwise paid or credited to the75 |
|---|
| 98 | 84 | | trust fund shall be presumptively concluded to have been committed to the purpose for76 |
|---|
| 99 | 85 | | which they have been appropriated or paid and shall not lapse. All funds appropriated,77 |
|---|
| 100 | 86 | | donated, or otherwise received for the specific purpose of the stable housing accountability78 |
|---|
| 101 | 87 | | programs shall be used exclusively for such programs.79 |
|---|
| 102 | 88 | | 8-3-304.80 |
|---|
| 103 | 89 | | The state treasurer shall invest trust fund money in the same manner in which state funds81 |
|---|
| 104 | 90 | | are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter82 |
|---|
| 105 | 91 | | 17 of Title 50.83 |
|---|
| 106 | 92 | | 8-3-305.84 |
|---|
| 107 | 93 | | The Office of the State Treasurer shall be authorized to draw a warrant or warrants upon85 |
|---|
| 108 | 94 | | the trust fund upon receipt of an order for payment of the State Housing Trust Fund for the86 |
|---|
| 109 | 95 | | Homeless Commission, which order for payment has been approved by the Governor.87 |
|---|
| 116 | 99 | | which shall consist of nine members. Two of the nine members shall be the commissioner90 |
|---|
| 117 | 100 | | of community affairs, or his or her designee, and either the chairperson of the Board of91 |
|---|
| 118 | 101 | | Community Affairs or a member of the Board of Community Affairs designated by the92 |
|---|
| 119 | 102 | | chairperson. The Governor shall appoint three of the public members and the Lieutenant93 |
|---|
| 120 | 103 | | Governor and the Speaker of the House of Representatives shall each appoint two of the94 |
|---|
| 121 | 104 | | remaining seven public members. The public members shall be knowledgeable in the area95 |
|---|
| 122 | 105 | | of housing and, to the extent practicable, shall represent diverse housing concerns. 96 |
|---|
| 123 | 106 | | (2) Public members shall serve for a term of four years except that initial appointments97 |
|---|
| 124 | 107 | | shall be staggered as follows: three of the appointees shall serve an initial term of four98 |
|---|
| 125 | 108 | | years and four of the appointees shall serve an initial term of two years. Public members99 |
|---|
| 126 | 109 | | shall continue in office until their successors have been appointed and qualified. In the100 |
|---|
| 127 | 110 | | event of a vacancy in the office of a public member by death, resignation, or otherwise,101 |
|---|
| 128 | 111 | | the Governor shall appoint a successor to serve the balance of the unexpired term.102 |
|---|
| 129 | 112 | | (3) Membership on the commission does not constitute public office, and no member103 |
|---|
| 130 | 113 | | shall be disqualified from holding public office by reason of his or her membership.104 |
|---|
| 131 | 114 | | (b) The commission shall elect a chairperson who shall serve in that position for a term of105 |
|---|
| 132 | 115 | | two years. The commission shall elect such other officers and appoint committees as it106 |
|---|
| 133 | 116 | | deems appropriate.107 |
|---|
| 134 | 117 | | (c) The commission shall hire no staff but shall contract with the Department of108 |
|---|
| 135 | 118 | | Community Affairs for professional, technical, and clerical support from the Department109 |
|---|
| 136 | 119 | | of Community Affairs as required. In the event that the Department of Community Affairs110 |
|---|
| 137 | 120 | | is unable to provide the professional, technical, or clerical services required, the111 |
|---|
| 138 | 121 | | commission may hire outside consultants on a specified project basis.112 |
|---|
| 139 | 122 | | (d) Any and all appropriations made to the trust fund pursuant to the general113 |
|---|
| 140 | 123 | | appropriations Act or the supplemental appropriations Act shall be directed through the114 |
|---|
| 145 | 126 | | the Department of Community Affairs.116 |
|---|
| 146 | 127 | | 8-3-307.117 |
|---|
| 147 | 128 | | Members of the commission shall serve without compensation but shall receive the same118 |
|---|
| 148 | 129 | | expense allowance per day as that received by a member of the General Assembly for each119 |
|---|
| 149 | 130 | | day such member is in physical attendance at a commission meeting, plus either120 |
|---|
| 150 | 131 | | reimbursement for actual transportation costs while traveling by public carrier or the same121 |
|---|
| 151 | 132 | | mileage allowance for use of a personal car in connection with such attendance as members122 |
|---|
| 152 | 133 | | of the General Assembly receive. Notwithstanding the foregoing, no member shall receive123 |
|---|
| 153 | 134 | | said expense allowance or travel reimbursement if said member is entitled to receive an124 |
|---|
| 154 | 135 | | expense allowance or travel reimbursement or salary for performance of duties on some125 |
|---|
| 155 | 136 | | other state board, commission, or entity, by whatever name called, for work performed on126 |
|---|
| 156 | 137 | | that day in the same location. Expense allowances and travel reimbursement shall be paid127 |
|---|
| 157 | 138 | | from moneys appropriated or otherwise available to the trust fund.128 |
|---|
| 158 | 139 | | 8-3-308.129 |
|---|
| 159 | 140 | | The commission shall:130 |
|---|
| 160 | 141 | | (1) Meet at such times and places as it shall determine necessary or convenient to131 |
|---|
| 161 | 142 | | perform its duties;132 |
|---|
| 162 | 143 | | (2) Maintain minutes of its meetings;133 |
|---|
| 163 | 144 | | (3) Adopt rules and regulations for the transaction of its business;134 |
|---|
| 164 | 145 | | (4) Accept applications for disbursements of available moneys from the trust fund for135 |
|---|
| 176 | 153 | | appropriations from the General Assembly, and gifts, grants, and donations from142 |
|---|
| 177 | 154 | | individuals, private organizations, or foundations for the purposes of residential housing143 |
|---|
| 178 | 155 | | projects. and The commission may also accept appropriations from the General Assembly,144 |
|---|
| 179 | 156 | | federal funds granted by Congress or executive order, and gifts, grants, and donations from145 |
|---|
| 180 | 157 | | individuals, private organizations, or foundations for the stable housing accountability146 |
|---|
| 181 | 158 | | programs; provided, however, that in no event shall any such funds be accepted if there are147 |
|---|
| 182 | 159 | | conditions for the use of such funds in a manner inconsistent with the provisions of this148 |
|---|
| 183 | 160 | | article. All funds received in this manner shall be transmitted to the state treasurer for149 |
|---|
| 184 | 161 | | deposit in the trust fund to be disbursed as other moneys in the trust fund.150 |
|---|
| 185 | 162 | | 8-3-310.151 |
|---|
| 186 | 163 | | (a) The With respect to residential housing projects, the commission may authorize the152 |
|---|
| 187 | 164 | | disbursement of available money from the trust fund for residential housing projects153 |
|---|
| 188 | 165 | | sponsored by a qualified sponsor. The commission may consult, as appropriate, with154 |
|---|
| 189 | 166 | | persons with varied and diverse interests in housing in order to acquaint them with the trust155 |
|---|
| 190 | 167 | | fund and to solicit information relating to housing needs, residential housing projects, and156 |
|---|
| 191 | 168 | | criteria for selection of residential housing projects. The criteria for making such157 |
|---|
| 192 | 169 | | disbursement decisions shall include, but shall not be limited to, the following:158 |
|---|
| 193 | 170 | | (1) The number of persons assisted;159 |
|---|
| 194 | 171 | | (2) The leveraging of money or in-kind services by a qualified sponsor;160 |
|---|
| 195 | 172 | | (3) The geographic distribution of residential housing projects;161 |
|---|
| 196 | 173 | | (4) The availability of other forms of assistance; and162 |
|---|
| 197 | 174 | | (5) Any and all other factors bearing upon the advisability and necessity of the163 |
|---|
| 198 | 175 | | residential housing project.164 |
|---|
| 201 | 177 | | (b) Funds may also be disbursed from the trust fund to pay expenses of the commission,165 |
|---|
| 202 | 178 | | to pay any and all operating expenses, and to pay for professional, technical, and clerical166 |
|---|
| 203 | 179 | | services provided the commission by the Department of Community Affairs or by other167 |
|---|
| 204 | 180 | | outside sources.168 |
|---|
| 205 | 181 | | 8-3-311.169 |
|---|
| 206 | 182 | | (a) With respect to stable housing accountability programs, the commission may authorize170 |
|---|
| 207 | 183 | | the disbursement of available money from the trust fund for any stable housing171 |
|---|
| 208 | 184 | | accountability program sponsored by a qualified sponsor under the terms and conditions172 |
|---|
| 209 | 185 | | of this article.173 |
|---|
| 210 | 186 | | (b) The commission may consult, as appropriate, with persons with varied and diverse174 |
|---|
| 211 | 187 | | interests in housing in order to acquaint them with the trust fund and to solicit information175 |
|---|
| 212 | 188 | | relating to housing needs, potential stable housing accountability programs, and criteria for176 |
|---|
| 213 | 189 | | selection of stable housing accountability programs.177 |
|---|
| 214 | 190 | | (c) On or before January 1, 2025, the commission shall develop an application process for178 |
|---|
| 215 | 191 | | qualified sponsors to apply for funding to operate a stable housing accountability program.179 |
|---|
| 216 | 192 | | (d) On or before January 1, 2025, the commission shall publish uniform state-wide180 |
|---|
| 217 | 193 | | minimum standards for a stable housing accountability program. At minimum, to be181 |
|---|
| 218 | 194 | | certified as a stable housing accountability program, the program shall:182 |
|---|
| 219 | 195 | | (1) Provide voluntary, immediate, and stable housing to stable housing accountability183 |
|---|
| 220 | 196 | | program participants;184 |
|---|
| 221 | 197 | | (2) Limit the length of total residence for any person to 18 months or whenever the185 |
|---|
| 222 | 198 | | tenant who was the qualifying resident is able to obtain or is offered affordable housing,186 |
|---|
| 223 | 199 | | whichever is earlier;187 |
|---|
| 224 | 200 | | (3) Provide ongoing assistance to each resident for obtaining long-term affordable188 |
|---|
| 225 | 201 | | housing;189 |
|---|
| 228 | 203 | | (4) Require residents to be removed from the program if they fail to meet specified190 |
|---|
| 229 | 204 | | accountability measures, including sustaining an honest, good-faith effort to achieve or191 |
|---|
| 230 | 205 | | maintain sobriety from drugs and alcohol;192 |
|---|
| 231 | 206 | | (5) Conduct regular inspections of common areas and residential units; and193 |
|---|
| 232 | 207 | | (6) Require qualifying residents:194 |
|---|
| 233 | 208 | | (A) To show proof of U.S. citizenship and execute an affidavit verifying continuous195 |
|---|
| 234 | 209 | | residency in this state for the previous 12 months;196 |
|---|
| 235 | 210 | | (B) To participate in free and relevant job training and educational opportunities until197 |
|---|
| 236 | 211 | | such resident obtains stable employment;198 |
|---|
| 237 | 212 | | (C) To engage in an active search and apply for stable employment;199 |
|---|
| 238 | 213 | | (D) Who obtain stable employment to maintain such employment status as long as200 |
|---|
| 239 | 214 | | stable employment is available to them;201 |
|---|
| 240 | 215 | | (E) To participate in counseling, mental heath care, and substance abuse treatment202 |
|---|
| 241 | 216 | | programs, as necessary;203 |
|---|
| 242 | 217 | | (F) To submit to regular drug and alcohol testing;204 |
|---|
| 243 | 218 | | (G) To abstain from criminal activity;205 |
|---|
| 244 | 219 | | (H) Who have minor children to ensure that such children receive adequate nutrition,206 |
|---|
| 245 | 220 | | health care, and education; and207 |
|---|
| 246 | 221 | | (I) To submit to regular review of compliance with applicable terms and conditions208 |
|---|
| 247 | 222 | | provided for in this Code section for stable housing accountability programs.209 |
|---|
| 248 | 223 | | (e) The criteria for approving an application shall include, but shall not be limited to:210 |
|---|
| 249 | 224 | | (1) The total number of stable housing accountability program participants who are211 |
|---|
| 250 | 225 | | likely to receive assistance from the proposed stable housing accountability program;212 |
|---|
| 251 | 226 | | (2) The ability of the applicant to leverage their own or other available money or in-kind213 |
|---|
| 252 | 227 | | services for the benefit of the proposed stable housing accountability program;214 |
|---|
| 253 | 228 | | (3) The geographic distribution of existing stable housing accountability programs;215 |
|---|
| 256 | 230 | | (4) The quality of the various forms of assistance to be offered to residents of the216 |
|---|
| 257 | 231 | | proposed stable housing accountability program;217 |
|---|
| 258 | 232 | | (5) The likelihood that the qualified sponsor will successfully fulfill the terms and218 |
|---|
| 259 | 233 | | conditions set forth in this article and the contract between the commission and the219 |
|---|
| 260 | 234 | | qualified sponsor; and220 |
|---|
| 261 | 235 | | (6) Any and all other factors bearing upon the advisability and necessity of the proposed221 |
|---|
| 262 | 236 | | stable housing accountability program.222 |
|---|
| 263 | 237 | | (f) On or before January 1, 2025, the application process, minimum standards, approval223 |
|---|
| 264 | 238 | | criteria, and available funding for transitional housing projects shall be published and224 |
|---|
| 265 | 239 | | maintained on the website of the commission, which shall be hosted on the public website225 |
|---|
| 266 | 240 | | of the Department of Community Affairs.226 |
|---|
| 267 | 241 | | (g) No funds shall be disbursed to a qualified sponsor until a contract is signed for the227 |
|---|
| 268 | 242 | | provision of the approved stable housing accountability program. Each contract shall228 |
|---|
| 269 | 243 | | require financial assurance from the qualified sponsor for full compliance with the contract.229 |
|---|
| 270 | 244 | | 8-3-312.230 |
|---|
| 271 | 245 | | Funds may be disbursed from the trust fund to pay expenses of the commission, to pay any231 |
|---|
| 272 | 246 | | and all operating expenses, and to pay for professional, technical, and clerical services232 |
|---|
| 273 | 247 | | provided the commission by the Department of Community Affairs or by other outside233 |
|---|
| 274 | 248 | | sources.234 |
|---|
| 275 | 249 | | 8-3-311 8-3-313.235 |
|---|
| 276 | 250 | | (a) The commission shall have the power to hold title to any residential housing project236 |
|---|
| 277 | 251 | | or stable housing accountability program financed by it, but it shall not be required to do237 |
|---|
| 278 | 252 | | so.238 |
|---|
| 279 | 253 | | (b) The commission shall have the power to foreclose on any mortgage or security interest239 |
|---|
| 280 | 254 | | in default and to commence any action to protect or enforce any right conferred upon it by240 |
|---|
| 285 | 257 | | agreement; to bid for and purchase property which was the subject of such mortgage or242 |
|---|
| 286 | 258 | | security interest at any foreclosure or at any other sale; to accept a deed in lieu of243 |
|---|
| 287 | 259 | | foreclosure; to acquire or take possession of such property; and to exercise any and all244 |
|---|
| 288 | 260 | | rights as provided by law or contract for the benefit or protection of the commission."245 |
|---|
| 289 | 261 | | SECTION 2.246 |
|---|
| 290 | 262 | | Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended247 |
|---|
| 291 | 263 | | in Article 1 of Chapter 6, relating to general provisions relative to the Department of Audits248 |
|---|
| 292 | 264 | | and Accounts, by adding a new Code section to read as follows:249 |
|---|
| 295 | 266 | | The state auditor shall conduct a performance audit of all expenditures from the State251 |
|---|
| 296 | 267 | | Housing Trust Fund for the Homeless for stable housing accountability programs funded252 |
|---|
| 297 | 268 | | pursuant to Article 5 of Chapter 3 of Title 8. The audit shall examine the awarding of253 |
|---|
| 298 | 269 | | contracts and grants relating to such programs, the metrics used to determine success of the254 |
|---|
| 299 | 270 | | expenditures, and whether the metrics are met by the contractors and grantees. The audit255 |
|---|
| 300 | 271 | | shall be provided to the Governor, Lieutenant Governor, and Speaker of the House of256 |
|---|
| 301 | 272 | | Representatives no later than December 31, 2025."257 |
|---|
| 302 | 273 | | SECTION 3.258 |
|---|
| 303 | 274 | | All laws and parts of laws in conflict with this Act are repealed.259 |
|---|