24 HB 1410/AP
House Bill 1410 (AS PASSED HOUSE AND SENATE)
By: Representatives Efstration of the 104
th
, Frye of the 122
nd
, and McCollum of the 30
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 stable housing accountability 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
(3) 'Low-income persons' means persons or families who lack the income necessary, as25
determined solely by the commission, to enable them, without financial assistance, to26
secure safe, sanitary, decent, and affordable housing.27
(4) 'Member' means a member appointed to serve on the State Housing Trust Fund for28
the Homeless Commission.29
(5) 'Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a30
residential housing project or stable housing accountability program that meets the31
conditions of this article. Such term shall specifically include, but shall not be limited to,32
local housing authorities established under Article 1 of this chapter and urban residential33
finance authorities established under Chapter 41 of Title 36.34
(6) 'Residential housing project' means a program designed to enhance residential35
housing opportunities for low-income persons. Such projects shall include, but are shall36
not be limited to, financing in whole or in part the acquisition, rehabilitation,37
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improvement, or construction of residential rental housing and interest rate or down
38
payment assistance programs designed to enhance home ownership opportunities.39
(7) 'Stable housing accountability program' means a program for housing stable housing
40
accountability program participants that is certified by the commission as meeting the41
terms and conditions established under Code Section 8-3-311.42
(8) 'Stable housing accountability program participants' means each individual together43
with his or her immediate family, if any, provided that:44
(A) Their primary nighttime residence is in a public or private place that is not45
designed for or ordinarily used as a long-term or medium-term sleeping accommodation46
for natural persons, and such nighttime residences shall include, but shall not be limited47
to, a car, park, abandoned building, bus or train station, airport, or campground;48
(B) Their primary nighttime residence is in a public or private charitable shelter for49
unhoused individuals that is not designed as a permanent or semipermanent dwelling50
place and they are leaving an institution where he or she has temporarily resided; or51
(C) They:52
(i) Will imminently lose their housing, including housing he or she owns, rents, lives53
in without paying rent, or is sharing with others, and rooms in hotels or motels not54
paid for by a governmental program for low-income persons or by charitable55
organizations, as evidenced by:56
(I) A court order resulting from an eviction action that notifies the individual that57
he or she must leave within 30 days;58
(II) Such individual having a primary nighttime residence that is a room in a hotel59
or motel and lacking the resources necessary to reside there for more than 14 days;60
(III) Credible indications that the owner or renter of such housing will not allow61
such individual to stay for more than 30 days; or62
(IV) Any oral statement from an individual seeking homeless assistance that is63
found to be credible;64
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(ii) Have no subsequent residence identified; and65
(iii) Lack the resources or support networks needed to obtain other permanent66
housing.67
(7)(9) '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,
141
appropriations from the General Assembly, and gifts, grants, and donations from142
individuals, private organizations, or foundations for the purposes of residential housing143
projects. and The commission may also accept appropriations from the General Assembly,144
federal funds granted by Congress or executive order, and gifts, grants, and donations from145
individuals, private organizations, or foundations for the stable housing accountability146
programs; provided, however, that in no event shall any such funds be accepted if there are147
conditions for the use of such funds in a manner inconsistent with the provisions of this148
article. All funds received in this manner shall be transmitted to the state treasurer for149
deposit in the trust fund to be disbursed as other moneys in the trust fund.150
8-3-310.151
(a) The With respect to residential housing projects, the commission may authorize the152
disbursement of available money from the trust fund for residential housing projects153
sponsored by a qualified sponsor. The commission may consult, as appropriate, with154
persons with varied and diverse interests in housing in order to acquaint them with the trust155
fund and to solicit information relating to housing needs, residential housing projects, and156
criteria for selection of residential housing projects. The criteria for making such157
disbursement decisions shall include, but shall not be limited to, the following:158
(1) The number of persons assisted;159
(2) The leveraging of money or in-kind services by a qualified sponsor;160
(3) The geographic distribution of residential housing projects;161
(4) The availability of other forms of assistance; and162
(5) Any and all other factors bearing upon the advisability and necessity of the163
residential housing project.164
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(b) Funds may also be disbursed from the trust fund to pay expenses of the commission,165
to pay any and all operating expenses, and to pay for professional, technical, and clerical166
services provided the commission by the Department of Community Affairs or by other167
outside sources.168
8-3-311.169
(a) With respect to stable housing accountability programs, the commission may authorize170
the disbursement of available money from the trust fund for any stable housing171
accountability program sponsored by a qualified sponsor under the terms and conditions172
of this article.173
(b) The commission may consult, as appropriate, with persons with varied and diverse174
interests in housing in order to acquaint them with the trust fund and to solicit information175
relating to housing needs, potential stable housing accountability programs, and criteria for176
selection of stable housing accountability programs.177
(c) On or before January 1, 2025, the commission shall develop an application process for178
qualified sponsors to apply for funding to operate a stable housing accountability program.179
(d) On or before January 1, 2025, the commission shall publish uniform state-wide180
minimum standards for a stable housing accountability program. At minimum, to be181
certified as a stable housing accountability program, the program shall:182
(1) Provide voluntary, immediate, and stable housing to stable housing accountability183
program participants;184
(2) Limit the length of total residence for any person to 18 months or whenever the185
tenant who was the qualifying resident is able to obtain or is offered affordable housing,186
whichever is earlier;187
(3) Provide ongoing assistance to each resident for obtaining long-term affordable188
housing;189
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(4) Require residents to be removed from the program if they fail to meet specified190
accountability measures, including sustaining an honest, good-faith effort to achieve or191
maintain sobriety from drugs and alcohol;192
(5) Conduct regular inspections of common areas and residential units; and193
(6) Require qualifying residents:194
(A) To show proof of U.S. citizenship and execute an affidavit verifying continuous195
residency in this state for the previous 12 months;196
(B) To participate in free and relevant job training and educational opportunities until197
such resident obtains stable employment;198
(C) To engage in an active search and apply for stable employment;199
(D) Who obtain stable employment to maintain such employment status as long as200
stable employment is available to them;201
(E) To participate in counseling, mental heath care, and substance abuse treatment202
programs, as necessary;203
(F) To submit to regular drug and alcohol testing;204
(G) To abstain from criminal activity;205
(H) Who have minor children to ensure that such children receive adequate nutrition,206
health care, and education; and207
(I) To submit to regular review of compliance with applicable terms and conditions208
provided for in this Code section for stable housing accountability programs.209
(e) The criteria for approving an application shall include, but shall not be limited to:210
(1) The total number of stable housing accountability program participants who are211
likely to receive assistance from the proposed stable housing accountability program;212
(2) The ability of the applicant to leverage their own or other available money or in-kind213
services for the benefit of the proposed stable housing accountability program;214
(3) The geographic distribution of existing stable housing accountability programs;215
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(4) The quality of the various forms of assistance to be offered to residents of the216
proposed stable housing accountability program;217
(5) The likelihood that the qualified sponsor will successfully fulfill the terms and218
conditions set forth in this article and the contract between the commission and the219
qualified sponsor; and220
(6) Any and all other factors bearing upon the advisability and necessity of the proposed221
stable housing accountability program.222
(f) On or before January 1, 2025, the application process, minimum standards, approval223
criteria, and available funding for transitional housing projects shall be published and224
maintained on the website of the commission, which shall be hosted on the public website225
of the Department of Community Affairs.226
(g) No funds shall be disbursed to a qualified sponsor until a contract is signed for the227
provision of the approved stable housing accountability program. Each contract shall228
require financial assurance from the qualified sponsor for full compliance with the contract.229
8-3-312.230
Funds may be disbursed from the trust fund to pay expenses of the commission, to pay any231
and all operating expenses, and to pay for professional, technical, and clerical services232
provided the commission by the Department of Community Affairs or by other outside233
sources.234
8-3-311 8-3-313.235
(a) The commission shall have the power to hold title to any residential housing project236
or stable housing accountability program financed by it, but it shall not be required to do237
so.238
(b) The commission shall have the power to foreclose on any mortgage or security interest239
in default and to commence any action to protect or enforce any right conferred upon it by240
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any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other
241
agreement; to bid for and purchase property which was the subject of such mortgage or242
security interest at any foreclosure or at any other sale; to accept a deed in lieu of243
foreclosure; to acquire or take possession of such property; and to exercise any and all244
rights as provided by law or contract for the benefit or protection of the commission."245
SECTION 2.246
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended247
in Article 1 of Chapter 6, relating to general provisions relative to the Department of Audits248
and Accounts, by adding a new Code section to read as follows:249
"50-6-11.
250
The state auditor shall conduct a performance audit of all expenditures from the State251
Housing Trust Fund for the Homeless for stable housing accountability programs funded252
pursuant to Article 5 of Chapter 3 of Title 8. The audit shall examine the awarding of253
contracts and grants relating to such programs, the metrics used to determine success of the254
expenditures, and whether the metrics are met by the contractors and grantees. The audit255
shall be provided to the Governor, Lieutenant Governor, and Speaker of the House of256
Representatives no later than December 31, 2025."257
SECTION 3.258
All laws and parts of laws in conflict with this Act are repealed.259
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