42 USC 1437j - Labor standards and community service requirement

U.S Code last checked for updates: Jul 27, 2025

§ 1437j.

Labor standards and community service requirement

(a)

Payment of wages prevailing in locality

(b)

Exception for volunteers

Subsection (a) and the provisions relating to wages (pursuant to subsection (a)) in any contract for loans, annual contributions, sale, or lease pursuant to this chapter, shall not apply to any individual that—

(1)

performs services for which the individual volunteered;

(2)

(A)

does not receive compensation for such services; or

(B)

is paid expenses, reasonable benefits, or a nominal fee for such services; and

(3)

is not otherwise employed at any time in the construction work.

(c)

Community service requirement

(1)

In general

Except as provided in paragraph (2) and notwithstanding any other provision of law, each adult resident of a public housing project shall—

(A)

contribute 8 hours per month of community service (not including political activities) within the community in which that adult resides; or

(B)

participate in an economic self-sufficiency program (as that term is defined in subsection (g)) for 8 hours per month.

(2)

Exemptions

The Secretary shall provide an exemption from the applicability of paragraph (1) for any individual who—

(A)

is 62 years of age or older;

(B)

is a blind or disabled individual, as defined under section 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who is unable to comply with this section, or is a primary caretaker of such individual;

(C)

is engaged in a work activity (as such term is defined in section 407(d) of the Social Security Act (42 U.S.C. 607(d)), as in effect on and after July 1, 1997)); 1

 So in original. Probably should be only one closing parenthesis.

(D)

meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or

(E)

is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such program.

(3)

Annual determinations

(A)

Requirement

(B)

Due process

(C)

Noncompliance

If an agency determines that a resident subject to the requirement under paragraph (1) has not complied with the requirement, the agency—

(i)

shall notify the resident—

(I)

of such noncompliance;

(II)

that the determination of noncompliance is subject to the administrative grievance procedure under subsection (k); 2

 See References in Text note below.

and

(III)

that, unless the resident enters into an agreement under clause (ii) of this subparagraph, the resident’s lease will not be renewed; and

(ii)

may not renew or extend the resident’s lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the agency enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the requirement under paragraph (1), by participating in an economic self-sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease.

(4)

Ineligibility for occupancy for noncompliance

(5)

Inclusion in plan

(6)

Geographic location

(7)

Prohibition against replacement of employees

In carrying out this subsection, a public housing agency may not—

(A)

substitute community service or participation in an economic self-sufficiency program, as described in paragraph (1), for work performed by a public housing employee; or

(B)

supplant a job at any location at which community work requirements are fulfilled.

(8)

Third-party coordinating

(d)

Treatment of income changes resulting from welfare program requirements

(1)

Covered family

(2)

Decreases in income for failure to comply

(A)

In general

(B)

No reduction based on time limit for assistance

(3)

Effect of fraud

(4)

Notice

(5)

Occupancy rights

(6)

Review

(7)

Cooperation agreements for economic self-sufficiency activities

(A)

Requirement

(B)

Contents

(C)

Confidentiality

(e)

Lease provisions

(f)

Treatment of income

(g)

Definition

(Sept. 1, 1937, ch. 896, title I, § 12, as added Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 667; amended Pub. L. 97–35, title III, § 322(c), Aug. 13, 1981, 95 Stat. 402; Pub. L. 100–242, title I, § 112(b)(5), Feb. 5, 1988, 101 Stat. 1824; renumbered title I, Pub. L. 100–358, § 5,

cite as: 42 USC 1437j