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Title 42, The Public Health and WelfareRelease 119-110

§8009 Miscellaneous Provisions

Title 42 › CHAPTER 89 — CONGREGATE HOUSING SERVICES › § 8009

Last updated Sep 22, 2026|Official source

Summary

Public housing agencies and nonprofit groups must, as much as they can, hire elderly and permanently disabled adult residents of public housing to help provide services. Those workers must be paid at least the highest of: the federal minimum wage that would apply under the Fair Labor Standards Act, the State or local minimum wage for similar jobs, or the usual pay for similar public jobs with the same employer. Any services provided (other than the wages described above) cannot be counted as income for other State or federal programs. People who get these services are treated as members of their own households, not as residents of a public institution, for other State or federal programs. The Secretary can write rules needed to make these provisions work.

Full Legal Text

Title 42, §8009

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Utilization of elderly and permanently disabled adult persons
Each public housing agency and nonprofit corporation shall, to the maximum extent practicable, utilize elderly and permanently disabled adult persons who are residents of public housing projects or projects assisted under section 1701q of title 12, but who are not eligible project residents, to participate in providing the services assisted under this chapter. Such persons shall be paid wages which shall not be lower than whichever is the highest of— (1)
(2)the State or local minimum wage for the most nearly comparable covered employment; or
(3)the prevailing rates of pay for persons employed in similar public occupations by the same employer.
(b)Tax treatment of services received
No service provided to a public housing resident or to a resident of a housing project assisted under section 1701q of title 12 under this chapter, except for wages paid under subsection (a) of this section, may be treated as income for the purpose of any other program or provision of State or Federal law.
(c)Individuals receiving aid considered residents of own household
Individuals receiving services assisted under this chapter shall be deemed to be residents of their own households, and not to be residents of a public institution, for the purpose of any other program or provision of State or Federal law.
(d)Regulations
The Secretary may issue regulations to carry out the provisions of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 8009

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110