Title 42 — The Public Health and WelfareRelease 119-73
§1437e Designated housing for elderly and disabled families
Title 42 › Chapter CHAPTER 8— - LOW-INCOME HOUSING › Subchapter SUBCHAPTER I— - GENERAL PROGRAM OF ASSISTED HOUSING › § 1437e
Summary
Public housing agencies can set whole buildings or parts of buildings for only elderly people, only people with disabilities, or for both. They can limit who may move in to those groups. If there are not enough elderly people to fill a building set aside for only elderly people, near-elderly families may live there. People who already live in a unit cannot be forced to leave because of the new designation, except as one other law (section 1437n(e)(1)(B)) allows. If someone must move because of a new designation, the agency must give notice as soon as possible, help them find similar housing (which can include a voucher under section 1437f) at a rent like what they paid before, and pay reasonable moving costs. The housing agency must write a short plan and send it to the Secretary that explains why the special designation is needed to meet local housing goals and needs and describes the building, the people it will serve, any services, design changes for special needs, and plans to help families who might be affected. The Secretary must check the plan and tell the agency if it meets the rules within 60 days. If the Secretary does not reply in 60 days, the plan is treated as accepted. A plan stays in effect for 5 years from the notice of approval. After that, or after any 2-year period, the agency can renew the plan for 2 more years by sending updates. The Secretary cannot limit how often an agency may extend the plan. Also, people are not treated as "displaced" under the federal relocation law just because a project is given one of these designations.
Full Legal Text
Title 42, §1437e
The Public Health and Welfare — Source: USLM XML via OLRC
(a)(1)Subject only to provisions of this section and notwithstanding any other provision of law, a public housing agency for which a plan under subsection (d) is in effect may provide public housing projects (or portions of projects) designated for occupancy by (A) only elderly families, (B) only disabled families, or (C) elderly and disabled families.
(2)In determining priority for admission to public housing projects (or portions of projects) that are designated for occupancy as provided in paragraph (1), the public housing agency may make units in such projects (or portions) available only to the types of families for whom the project is designated.
(3)If a public housing agency determines that there are insufficient numbers of elderly families to fill all the units in a project (or portion of a project) designated under paragraph (1) for occupancy by only elderly families, the agency may provide that near-elderly families may occupy dwelling units in the project (or portion).
(b)Except as provided in section 1437n(e)(1)(B) 11 See References in Text note below. of this title, any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or portion of a project) pursuant to this section or because of any action taken by the Secretary or any public housing agency pursuant to this section.
(c)A public housing agency that designates any existing project or building, or portion thereof, for occupancy as provided under subsection (a)(1) shall provide, to each person and family who agrees to be relocated in connection with such designation—
(1)notice of the designation and an explanation of available relocation benefits, as soon as is practicable for the agency and the person or family;
(2)access to comparable housing (including appropriate services and design features), which may include tenant-based rental assistance under section 1437f of this title, at a rental rate paid by the tenant that is comparable to that applicable to the unit from which the person or family has vacated; and
(3)payment of actual, reasonable moving expenses.
(d)A plan under this subsection for designating a project (or portion of a project) for occupancy under subsection (a)(1) is a plan, prepared by the public housing agency for the project and submitted to the Secretary, that—
(1)establishes that the designation of the project is necessary—
(A)to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under section 12705 of this title; and
(B)to meet the housing needs of the low-income population of the jurisdiction; and
(2)includes a description of—
(A)the project (or portion of a project) to be designated;
(B)the types of tenants for which the project is to be designated;
(C)any supportive services to be provided to tenants of the designated project (or portion);
(D)how the design and related facilities (as such term is defined in section 1701q(d)(8) 1 of title 12) of the project accommodate the special environmental needs of the intended occupants; and
(E)any plans to secure additional resources or housing assistance to provide assistance to families that may have been housed if occupancy in the project were not restricted pursuant to this section.
(e)(1)The Secretary shall conduct a limited review of each plan under subsection (d) that is submitted to the Secretary to ensure that the plan is complete and complies with the requirements of subsection (d). The Secretary shall notify each public housing agency submitting a plan whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the public housing agency, as required under this paragraph or paragraph (2), the plan shall be considered, for purposes of this section, to comply with the requirements under subsection (d) and the Secretary shall be considered to have notified the agency of such compliance upon the expiration of such 60-day period.
(2)If the Secretary determines that a plan, as submitted, does not comply with the requirements under subsection (d), the Secretary shall specify in the notice under paragraph (1) the reasons for the noncompliance and any modifications necessary for the plan to meet such requirements.
(3)The Secretary may determine that a plan does not comply with the requirements under subsection (d) only if—
(A)the plan is incomplete in significant matters required under such subsection; or
(B)there is evidence available to the Secretary that challenges, in a substantial manner, any information provided in the plan.
(4)Notwithstanding any other provision of this section, a public housing agency shall be considered to have submitted a plan under this subsection if the agency has submitted to the Secretary an application and allocation plan under this section (as in effect before March 28, 1996) that have not been approved or disapproved before March 28, 1996.
(f)(1)A plan under subsection (d) shall be in effect for purposes of this section during the 5-year period that begins upon notification under subsection (e)(1) of the public housing agency that the plan complies with the requirements under subsection (d).
(2)Upon the expiration of the 5-year period under paragraph (1) or any 2-year period under this paragraph, an agency may extend the effectiveness of the designation and plan for an additional 2-year period (that begins upon such expiration) by submitting to the Secretary any information needed to update the plan. The Secretary may not limit the number of times a public housing agency extends the effectiveness of a designation and plan under this paragraph.
(3)Any application and allocation plan approved under this section (as in effect before March 28, 1996) before March 28, 1996, shall be considered to be a plan under subsection (d) that is in effect for purposes of this section for the 5-year period beginning upon such approval.
(g)No tenant of a public housing project shall be considered to be displaced for purposes of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 [42 U.S.C. 4601 et seq.] because of the designation of any existing project or building, or portion thereof, for occupancy as provided under subsection (a) of this section.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 1437n(e)(1)(B) of this title, referred to in subsec. (b), was repealed by Pub. L. 105–276, title V, § 576(d)(2), Oct. 21, 1998, 112 Stat. 2640. Section 1701q of title 12, referred to in subsec. (d)(2)(D), was amended generally by Pub. L. 101–625, title VIII, § 801(a), Nov. 28, 1990, 104 Stat. 4297, and, as so amended, does not contain a subsec. (d)(8) or a definition of the term “related facilities”. The Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, referred to in subsec. (g), probably means the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 4601 of this title and Tables.
Prior Provisions
A prior section 7 of act Sept. 1, 1937, ch. 896, 50 Stat. 891, as amended, required publication of information and submission of annual report by the Authority and was classified to section 1407 of this title, prior to the general revision of this chapter by Pub. L. 93–383.
Amendments
1998—Subsec. (h). Pub. L. 105–276 struck out heading and text of subsec. (h). Text read as follows: “The provisions of this section shall not apply with respect to low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority.” 1996—Pub. L. 104–330, § 501(b)(4), which directed amendment of “subsection 7” of the United States Housing Act of 1937, probably meaning this section, by striking subsec. (l), could not be executed because this section does not contain a subsec. (l). Pub. L. 104–120 amended section generally, restating former subsecs. (a) to (g) relating to designated housing as subsecs. (a) to (h) relating to designated housing for elderly and disabled families. Subsec. (a)(2). Pub. L. 104–99, which directed the temporary amendment of par. (2) by substituting “in accordance with the written system of preferences for selection established pursuant to” for “according to the preferences for occupancy under”, could not be executed because of the amendment by Pub. L. 104–120 which amended section generally retroactive to Oct. 1, 1995. See Effective and Termination Dates of 1996
Amendments
note below. 1992—Pub. L. 102–550 amended section generally, substituting present provisions for provisions relating to and defining “congregate housing” and providing for design, development, and acquisition of congregate housing for displaced or elderly families, limitation on amounts for contracts for congregate housing, and costs for central dining facilities. 1988—Pub. L. 100–242 struck out “annual” before “contributions” in proviso. 1978—Pub. L. 95–557 substituted “(1) low-rent housing which, as of January 1, 1979, was built or under
Construction
, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (2) low-rent housing constructed after, but not under
Construction
prior to, January 1, 1979, connected with which there is a central dining facility to provide wholesome and economical meals for such occupants. Such occupants of congregate housing may also be provided with other supportive services appropriate to their needs under title IV of the Housing and Community Development
Amendments
of 1978” for “low-income housing (A) in which some or all of the dwelling units do not have kitchen facilities, and (B) connected with which there is a central dining facility to provide wholesome and economical meals for elderly and displaced families under terms and conditions prescribed by the public housing agency to permit a generally self-supporting operation”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1996
Amendments
Amendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an
Effective Date
note under section 4101 of Title 25, Indians. Amendment by Pub. L. 104–120 to be construed to have become effective Oct. 1, 1995, notwithstanding the
Effective Date
of any
Regulations
issued by Secretary of Housing and Urban Development to implement
Amendments
Regulations
, see section 13 of Pub. L. 104–120, set out as a note under section 1437d of this title. Amendment by Pub. L. 104–99 effective Jan. 26, 1996, only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see section 402(f) of Pub. L. 104–99, as amended, and section 514(f) of Pub. L. 105–276, set out as notes under section 1437a of this title.
Effective Date
of 1992 AmendmentAmendment by subtitles B through F of title VI [§§ 621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title. Inapplicability of Certain 1992
Amendments
to Indian Public HousingAmendment by Pub. L. 102–550 not applicable with respect to lower income housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and Indian housing authority, see section 626 of Pub. L. 102–550, set out as a note under section 1437a of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 1437e
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73