---
kind: "section"
citation: "42 U.S.C. § 1437e"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1437e"
heading: "Designated housing for elderly and disabled families"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1437e"
units:
  - "Chapter 8 — Low-Income Housing"
  - "Subchapter I — General Program of Assisted Housing"
---

# §1437e. Designated housing for elderly and disabled families

- (a) **Authority to provide designated housing—**
  - (1) **In general—** Subject only to provisions of this section and notwithstanding any other provision of law, a public housing [agency](/usc/42/8262.md?p=1) for which a plan under [subsection (d)](#d) is in effect may provide public housing [projects](/usc/42/13641.md?p=2) (or portions of [projects](/usc/42/13641.md?p=2)) designated for occupancy by (A) only [elderly families](/usc/42/13641.md?p=1), (B) only [disabled families](/usc/42/13641.md?p=1), or (C) elderly and [disabled families](/usc/42/13641.md?p=1).
  - (2) **Priority for occupancy—** In determining priority for admission to public housing [projects](/usc/42/13641.md?p=2) (or portions of [projects](/usc/42/13641.md?p=2)) that are designated for occupancy as provided in [paragraph (1)](#a-1), the public housing [agency](/usc/42/8262.md?p=1) may make units in such [projects](/usc/42/13641.md?p=2) (or portions) available only to the types of families for whom the [project](/usc/42/13641.md?p=2) is designated.
  - (3) **Eligibility of near-elderly families—** If a public housing [agency](/usc/42/8262.md?p=1) determines that there are insufficient numbers of [elderly families](/usc/42/13641.md?p=1) to fill all the units in a [project](/usc/42/13641.md?p=2) (or portion of a [project](/usc/42/13641.md?p=2)) designated under [paragraph (1)](#a-1) for occupancy by only [elderly families](/usc/42/13641.md?p=1), the [agency](/usc/42/8262.md?p=1) may provide that [near-elderly families](/usc/42/13641.md?p=1) may occupy dwelling units in the [project](/usc/42/13641.md?p=2) (or portion).
- (b) **Standards regarding evictions—** Except as provided in [section 1437n(e)(1)(B)](/usc/42/1437n.md?p=e-1-B)[^1] of this title, any tenant who is lawfully residing in a dwelling unit in a public housing [project](/usc/42/13641.md?p=2) may not be evicted or otherwise required to vacate such unit because of the designation of the [project](/usc/42/13641.md?p=2) (or portion of a [project](/usc/42/13641.md?p=2)) pursuant to this section or because of any action taken by the [Secretary](/usc/42/242q–4.md?p=2) or any public housing [agency](/usc/42/8262.md?p=1) pursuant to this section.
- (c) **Relocation assistance—** A public housing [agency](/usc/42/8262.md?p=1) that designates any existing [project](/usc/42/13641.md?p=2) or building, or portion thereof, for occupancy as provided under [subsection (a)(1)](#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](/usc/42/8262.md?p=1) 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](/usc/42/1437f.md), 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) **Required plan—** A plan under this subsection for designating a [project](/usc/42/13641.md?p=2) (or portion of a [project](/usc/42/13641.md?p=2)) for occupancy under [subsection (a)(1)](#a-1) is a plan, prepared by the public housing [agency](/usc/42/8262.md?p=1) for the [project](/usc/42/13641.md?p=2) and submitted to the [Secretary](/usc/42/242q–4.md?p=2), that—
  - (1) establishes that the designation of the [project](/usc/42/13641.md?p=2) is necessary—
    - (A) to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under [section 12705 of this title](/usc/42/12705.md); and
    - (B) to meet the housing needs of the low-income population of the jurisdiction; and
  - (2) includes a description of—
    - (A) the [project](/usc/42/13641.md?p=2) (or portion of a [project](/usc/42/13641.md?p=2)) to be designated;
    - (B) the types of tenants for which the [project](/usc/42/13641.md?p=2) is to be designated;
    - (C) any supportive services to be provided to tenants of the designated [project](/usc/42/13641.md?p=2) (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](/usc/42/13641.md?p=2) accommodate the special environmental needs of the intended occupants; and
    - (E) any plans to secure additional resources or [housing assistance](/usc/42/13641.md?p=3) to provide assistance to families that may have been housed if occupancy in the [project](/usc/42/13641.md?p=2) were not restricted pursuant to this section.

  For purposes of this subsection, the term “supportive services” means services designed to meet the special needs of residents.

- (e) **Review of plans—**
  - (1) **Review and notification—** The [Secretary](/usc/42/242q–4.md?p=2) shall conduct a limited review of each plan under [subsection (d)](#d) that is submitted to the [Secretary](/usc/42/242q–4.md?p=2) to ensure that the plan is complete and complies with the requirements of [subsection (d)](#d). The [Secretary](/usc/42/242q–4.md?p=2) shall notify each public housing [agency](/usc/42/8262.md?p=1) submitting a plan whether the plan complies with such requirements not later than 60 days after receiving the plan. If the [Secretary](/usc/42/242q–4.md?p=2) does not notify the public housing [agency](/usc/42/8262.md?p=1), as required under this paragraph or [paragraph (2)](#e-2), the plan shall be considered, for purposes of this section, to comply with the requirements under [subsection (d)](#d) and the [Secretary](/usc/42/242q–4.md?p=2) shall be considered to have notified the [agency](/usc/42/8262.md?p=1) of such compliance upon the expiration of such 60-day period.
  - (2) **Notice of reasons for determination of noncompliance—** If the [Secretary](/usc/42/242q–4.md?p=2) determines that a plan, as submitted, does not comply with the requirements under [subsection (d)](#d), the [Secretary](/usc/42/242q–4.md?p=2) shall specify in the notice under [paragraph (1)](#e-1) the reasons for the noncompliance and any modifications necessary for the plan to meet such requirements.
  - (3) **Standards for determination of noncompliance—** The [Secretary](/usc/42/242q–4.md?p=2) may determine that a plan does not comply with the requirements under [subsection (d)](#d) only if—
    - (A) the plan is incomplete in significant matters required under such subsection; or
    - (B) there is evidence available to the [Secretary](/usc/42/242q–4.md?p=2) that challenges, in a substantial manner, any information provided in the plan.
  - (4) **Treatment of existing plans—** Notwithstanding any other provision of this section, a public housing [agency](/usc/42/8262.md?p=1) shall be considered to have submitted a plan under this subsection if the [agency](/usc/42/8262.md?p=1) has submitted to the [Secretary](/usc/42/242q–4.md?p=2) an application and [allocation](/usc/42/2021b.md?p=2) plan under this section (as in effect before March 28, 1996) that have not been approved or disapproved before March 28, 1996.
- (f) **Effectiveness—**
  - (1) **5-year effectiveness of original plan—** A plan under [subsection (d)](#d) shall be in effect for purposes of this section during the 5-year period that begins upon notification under [subsection (e)(1)](#e-1) of the public housing [agency](/usc/42/8262.md?p=1) that the plan complies with the requirements under [subsection (d)](#d).
  - (2) **Renewal of plan—** Upon the expiration of the 5-year period under [paragraph (1)](#f-1) or any 2-year period under this paragraph, an [agency](/usc/42/8262.md?p=1) 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](/usc/42/242q–4.md?p=2) any information needed to update the plan. The [Secretary](/usc/42/242q–4.md?p=2) may not limit the number of times a public housing [agency](/usc/42/8262.md?p=1) extends the effectiveness of a designation and plan under this paragraph.
  - (3) **Transition provision—** Any application and [allocation](/usc/42/2021b.md?p=2) 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)](#d) that is in effect for purposes of this section for the 5-year period beginning upon such approval.
- (g) **Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970—** No tenant of a public housing [project](/usc/42/13641.md?p=2) 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](/usc/42/4601.md) et seq.] because of the designation of any existing [project](/usc/42/13641.md?p=2) or building, or portion thereof, for occupancy as provided under [subsection (a)](#a) of this section.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Sept. 1, 1937, ch. 896, title I, § 7, as added Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 662; amended Pub. L. 95–557, title IV, § 412, Oct. 31, 1978, 92 Stat. 2110; Pub. L. 100–242, title I, § 112(b)(3), Feb. 5, 1988, 101 Stat. 1824; renumbered title I, Pub. L. 100–358, § 5, June 29, 1988, 102 Stat. 681; amended Pub. L. 102–550, title VI, § 622(a), Oct. 28, 1992, 106 Stat. 3813; Pub. L. 104–99, title IV, § 402(d)(6)(A)(ii), Jan. 26, 1996, 110 Stat. 42; Pub. L. 104–120, § 10(a), Mar. 28, 1996, 110 Stat. 838; Pub. L. 104–330, title V, § 501(b)(4), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 105–276, title V, § 595(d), Oct. 21, 1998, 112 Stat. 2656.)

## Notes

### 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 by sections 9 and 10 of Pub. L. 104–120 or any failure by Secretary to issue any such 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 Amendment

Amendment 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 Housing

Amendment 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.