---
kind: "section"
citation: "42 U.S.C. § 1437aaa–5"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1437aaa–5"
heading: "Definitions"
release: "119-102"
url: "https://uscodex.org/usc/42/1437aaa-5"
units:
  - "Chapter 8 — Low-Income Housing"
  - "Subchapter II–A — Hope for Public Housing Homeownership"
---

# §1437aaa–5. Definitions


For purposes of this subchapter:

- (1) The term “applicant” means the following entities that may represent the tenants of the [project](/usc/42/1437a.md?p=b-1):
  - (A) A [public housing agency](/usc/42/1437a.md?p=b-6-A).
  - (B) A resident management [corporation](/usc/42/2296b–7.md?p=1), established in accordance with requirements of the [Secretary](/usc/42/1437a.md?p=b-8) under [section 1437r of this title](/usc/42/1437r.md).
  - (C) A [resident council](#5).
  - (D) A cooperative association.
  - (E) A public or private nonprofit organization.
  - (F) A public body, including an agency or instrumentality thereof.
- (2) The term “eligible family” means—
  - (A) a [family](/usc/42/290ff–4.md?p=d-2) or individual who is a tenant in the [public housing](/usc/42/1437a.md?p=b-1) [project](/usc/42/1437a.md?p=b-1) on the date the [Secretary](/usc/42/1437a.md?p=b-8) approves an implementation grant;
  - (B) a [low-income family](/usc/42/300a–4.md?p=c); or
  - (C) a [family](/usc/42/290ff–4.md?p=d-2) or individual who is assisted under a [housing](/usc/42/1490p–2.md?p=r-3) [program](/usc/42/274l–1.md?p=4) administered by the [Secretary](/usc/42/1437a.md?p=b-8) or the [Secretary](/usc/42/1437a.md?p=b-8) of Agriculture (not including any non-[low income](/usc/42/701.md?p=b-2) [families](/usc/42/1437a.md?p=b-3-A) assisted under any mortgage insurance [program](/usc/42/274l–1.md?p=4) administered by either [Secretary](/usc/42/1437a.md?p=b-8)).
- (3) The term “homeownership program” means a [program](/usc/42/274l–1.md?p=4) for homeownership meeting the requirements under this subchapter.
- (4) The term “recipient” means an [applicant](#1) approved to receive a grant under this subchapter or such other entity specified in the approved application that will assume the obligations of the recipient under this subchapter.
- (5) The term “resident council” means any incorporated nonprofit organization or association that—
  - (A) is [representative](/usc/42/3058f.md?p=5) of the tenants of the [housing](/usc/42/1490p–2.md?p=r-3);
  - (B) adopts written procedures providing for the election of officers on a regular basis; and
  - (C) has a democratically elected governing [board](/usc/42/10261.md?p=2), elected by the tenants of the [housing](/usc/42/1490p–2.md?p=r-3).

## Source credit

(Sept. 1, 1937, ch. 896, title III, § 306, as added Pub. L. 101–625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4158; amended Pub. L. 104–330, title V, § 501(c)(2), Oct. 26, 1996, 110 Stat. 4042.)

## Notes

### Editorial Notes

### Amendments

1996—Par. (1)(A). Pub. L. 104–330, § 501(c)(2)(A), struck out “(including an Indian housing authority)” after “agency”.

Par. (2)(A). Pub. L. 104–330, § 501(c)(2)(B), struck out “or Indian” after “public”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

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.