PART VII. 
HOMELESS ASSISTANCE



 



A.  General
Provisions



 



[§356D-121]  Definitions.  As used in
this part, unless the context otherwise requires:



"Donor" means any individual,
partnership, corporation, joint-stock company, unincorporated organization,
foundation, estate, trust, or any other person or firm that donates money, real
property, goods, or services to a homeless facility, or any other program for
the homeless authorized by this part, including members of any governing body,
trustees, officers, partners, principals, stockholders, members, managers,
employees, contractors, agents of these entities, or any person who was
involved with the donation.



"Emergency shelter" means a homeless
facility designed to provide temporary shelter and appropriate and available
services to homeless families or individuals for up to six weeks.



"Homeless" means:



(1)  An individual or family who lacks a fixed,
regular, and adequate night-time residence; or



(2)  An individual or family who has a primary
night-time residence that is:



(A)  A supervised publicly or privately
operated shelter designed to provide temporary living accommodations;



(B)  An institution that provides temporary
residence for individuals intended to be institutionalized; or



(C)  A public or private place not designed for
or ordinarily used as sleeping accommodations for human beings.



This term does not include any individual imprisoned
or otherwise detained under an Act of Congress or a state law.



"Homeless facility" means a
development designed to provide shelter for homeless families or individuals
pursuant to this part, or to facilitate any other homeless program authorized
by this part, and may include emergency or transitional shelters.



"Homeless shelter stipend" means a
payment to a provider agency or to the authority on behalf of a homeless family
or individual to assist with the costs of operating a homeless facility and
providing appropriate services.



"Provider agency" means an
organization, including its governing board, officers, employees, contractors,
or agents, contracted by the authority to provide labor and services to any
homeless facility, or any other program for the homeless authorized by this
part, that is:



(1)  A for-profit organization incorporated under the
laws of the State or a nonprofit organization determined by the Internal
Revenue Service to be exempt from the federal income tax; or



(2)  A nonprofit organization, with a governing board
whose members have no material conflict of interest and who serve without
compensation, with bylaws or policies that describe the manner in which
business is conducted and policies that relate to nepotism and management of
potential conflict of interest situations.



"Transitional shelter" means a
homeless facility designed to provide temporary shelter and appropriate and
available services to homeless families or individuals for up to twenty-four
months, pursuant to rule. [L 2006, c 180, pt of §2]