Title V Overview
Title V of the Stewart B. McKinney-Vento Homeless Assistance Act (Title V) was enacted in 1987 to make suitable Federal surplus real property available to representatives of the homeless. 42 U.S.C. § 11411. Title V authorizes the Secretary of Health and Human Services (HHS) to transfer declared suitable and available Federal real surplus properties, to States, political subdivisions of the State, and private non-profit 501(c)(3) tax exempt organizations for homeless assistance purposes by deed or lease, at the applicant’s discretion. HHS transfers property to approved applicants as no-cost public benefit conveyances under the terms of the 40 U.S.C. § 550. HHS requires Title V transferees to use the property for the approved purpose for a period of 30 years, in accordance with the terms and conditions of the disposal. The disposal provisions of Title V are implemented by HHS through the joint Federal agency regulation, 45 CFR part 12a.
HHS Title V Roles
In order to fulfill the Title V mandate, HHS provides the following core services:
- Provides Title V information to the public.
- Reviews and approves applications for suitable and available surplus real property listed on the HUD Exchange and recommends assignment of those properties from Federal disposal agencies to approved Title V applicants.
- Provides technical assistance in preparing Title V applications and advises applicants and potential applicants on the Title V disposal process.
- Coordinates the disposal of surplus Federal real property to qualified applicants for homeless assistance purposes.
- Implements an oversight and compliance program to ensure that Title V transferees fulfill the terms and conditions of transfer.
- Reports on the progress of the Title V program and its achievements.
Eligible Homeless Programs
The following is a partial listing of the common types of homeless programs HHS considers eligible for real property assignments. This list is not exclusive; additional homeless programs not listed may also be eligible. Please contact the HHS Title V program to learn if your homeless assistance program is eligible. Please note that all individuals served must meet the definition of homeless promulgated at 42 U.S.C. 11302.
- Emergency shelters
- Transitional housing (length of stay not to exceed 24 months)
- Job training
- Food banks
- Clothing depots
- Basic life skills training
- Case management
- Mental and medical health screening and programs
- Drug and alcohol abuse rehabilitation programs
- Homeless administrative offices
- Permanent supportive housing and permanent housing
How to Apply
HHS will provide interested parties with an application to acquire suitable and available properties listed on the HUD Exchange. When an interested organization identifies available surplus real property, suitable for its program, a formal written expression of interest must be submitted to HHS through the Program Support Center (PSC).
Expressions of interest must be submitted within 30 days after a property is published on the HUD Exchange. An expression of interest need only be a short letter identifying the specific property by name and Housing and Urban Development (HUD) and/or General Service Administration (GSA) numbers; the date the property was listed on the HUD Exchange; the name of the interested organization, and indicate whether it is a public body or a private nonprofit organization tax exempt under 501(c)(3) of the 1986 Internal Revenue Code. Please include a brief description of the proposed use of the property. A sample letter has been provided for your reference.
Your complete expression of interest should be submitted by email to email@example.com. Electronic submission allows for more expeditious processing of your request; however, to the extent that you are unable to submit your expression of interest electronically, such may be submitted in hardcopy. If sending a hardcopy, please contact HHS by email, firstname.lastname@example.org or by telephone, 301-443-2265, to request the appropriate physical mailing address to send your letter of interest.
Upon receipt of the expression of interest, HHS will provide an application packet to the interested organization and the HHS Title V program will be able to provide any assistance with the application process. (A contact for the landholding agency will be provided with the application packet.)
Pursuant to the Federal Assets Sale and Transfer Act of 2016 (H.R. 4465), HHS is required to review Title V applications in two distinct phases. An applicant is provided seventy-five (75) days, from the date HHS receives its expression of interest, to submit an initial application. Accordingly, each applicant may have a different deadline. HHS will inform the applicant as soon as a decision on the application has been reached. Pursuant to H.R. 4465, HHS is required to make a determination on completed, initial applications, within 10 days after receipt in our office. Initial applications are reviewed on the basis of four evaluation criteria: Services Offered, Need, Implementation Time, and Experience. If HHS determines that the applicant met those four evaluation criteria, the applicant is given forty-five (45) days to present a final application containing a reasonable financial plan for HHS’s review and determination. HHS is required to make a determination on completed, final applications within 15 days after receipt in our office. Please note that HHS does not have the final authority for disposition of property. The disposal agency, subsequent to HHS's determination, will either approve or deny HHS's request for assignment.
The National Law Center on Homelessness and Poverty is available to assist all homeless providers in resolving any problems that may arise in the application and transfer processes. The Center may be reached on (202) 638-2535.
Application Review Criteria
All initial applicants are reviewed on the basis of the following elements:
- Services offered. The extent and range of proposed services, such as meals, shelter, job training, and counseling, and the number of eligible people that will be served, as well as the legal ability to provide the proposed services.
- The demonstrated need for the proposed services within the proposed service area and the applicant’s demonstrated need for the requested property.
- Implementation Time. The amount of time necessary for the proposed program to become operational.
- Experience. The organization’s demonstrated prior experience in operating similar programs at the scale being proposed and/or ability to overcome any gaps in related experience.
- All final applications are reviewed and evaluated on the adequacy and certainty of funding that will be available to develop and operate the program fully and properly, and to operate and maintain the property.
Additional evaluation factors may be added as deemed necessary by HHS. If additional factors are added, the application packet will be revised to include a description of these additional factors.
- Department of Housing and Urban Development
- General Services Administration (GSA)
- Interagency Council on Homelessness
- McKinney-Vento Act
- National Coalition for the Homeless
- National Law Center on Homelessness & Poverty (NLCHP)
- Department of Health and Human Services Homelessness Website
- HUD Exchange
- Continuum of Care
- HUD GSA HHS McKinney Vento Title V Webinar