Use of unutilized and underutilized public buildings and real property to assist the homeless

42 U.S. Code § 11411. Use of unutilized and underutilized public buildings and real property to assist the homeless

(a) Identification of suitable property
The Secretary of Housing and Urban Development shall, on a quarterly basis, request information from each landholding agency regarding Federal public buildings and other Federal real properties (including fixtures) that are excess property or surplus property or that are described as unutilized or underutilized in surveys by the heads of landholding agencies under section 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Secretary, the head of each landholding agency shall transmit such information to the Secretary. No later than 30 days after receiving such information, the Secretary shall identify which of those buildings and other properties are suitable for use to assist the homeless.
(b) Availability of property
(1) The Secretary shall promptly notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a). No later than 45 days after receipt of such a notice, the head of the appropriate landholding agency shall transmit to the Secretary the agency’s response to property identifications contained in such notification, which shall include—
(A) in the case of unutilized or underutilized property—
(i)
a statement of intention to determine the property excess to the agency’s needs;
(ii)
a statement of intention to make the property available for use to assist the homeless; or
(iii)
a statement of the reasons (including a full explanation of the need) the property cannot be determined excess to the agency’s needs or made available for use to assist the homeless; and
(B) in the case of excess property—
(i)
a statement that there is no other compelling Federal need for the property and, therefore, the property will be determined surplus; or
(ii)
a statement that there is further and compelling Federal need for the property (including a full explanation of such need) and that, therefore, the property is not presently available for use to assist the homeless.
(2) All properties identified by the Secretary under subsection (a) shall be available for application—
(A)
in the case of property other than surplus property, for use to assist the homeless in accordance with the provisions of this section;
(B)
in the case of surplus property, for use to assist the homeless either in accordance with this section or as a public health use in accordance with section 550(a)–(d) of title 40; and
(C)
in the case of surplus property, the provision of permanent housing with or without supportive services is an eligible use to assist the homeless under this section.
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