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Title 42 — The Public Health and Welfare

Chapter 89 — Congregate Housing Services

§ 8009. Miscellaneous provisions

Statutory text

(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)

the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.], if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)] applied to the resident and if he or she were not exempt under section 13 [29 U.S.C. 213] thereof;

(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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Congregate Housing Services Act of 1978

    Pub. L. 95–557 title IV § 410 · 92 Stat. 2080

    Enacted · 42 U.S.C. § 8009

    (Pub. L. 95–557, title IV, § 410, Oct. 31, 1978, 92 Stat. 2109.)

    Source evidence

    Code source credit
    (Pub. L. 95–557, title IV, § 410, Oct. 31, 1978, 92 Stat. 2109.)

    Enacted provision · exact public law section
    Sec. 410. miscellaneous provisions (a) Each public housing 42 USC 8009. 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 202 of the Housing Act of 1959, but who are not eligible project residents, to participate in pro-viding the services assisted under this title. Such persons shall be paid wages which shall not be lower than whichever is the highest of— (1) 29 USC 201. 29 USC 206. 29 USC 213. the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, if section 6(a)(1) of such Act applied to the resident and if he or she were not exempt under section 13 thereof; (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) No service provided to a public housing resident or to a 12 USC 1701q. resident of a housing project assisted under section 202 of the Housing Act of 1959 under this title, 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 services assisted under this title 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 title.

1 of 1 references resolved to an enrolled provision

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.

Credits

(Pub. L. 95–557, title IV, § 410, , 92 Stat. 2109.)

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