---
kind: "section"
citation: "42 U.S.C. § 8012"
title: "42"
title_heading: "The Public Health and Welfare"
number: "8012"
heading: "Hope for elderly independence"
release: "119-102"
url: "https://uscodex.org/usc/42/8012"
units:
  - "Chapter 89 — Congregate Housing Services"
---

# §8012. Hope for elderly independence

- (a) **Purpose—** The purpose of this section is to establish a demonstration [program](/usc/42/274l–1.md?p=4) to test the effectiveness of combining [housing](/usc/42/1490p–2.md?p=r-3) certificates and vouchers with [supportive services](#g-7) to assist [frail elderly persons](#g-3) to continue to live independently. The demonstration [program](/usc/42/274l–1.md?p=4) under this section shall terminate upon the expiration of the 5-year period determined by the [Secretary](#g-6).
- (b) **Housing assistance—** In connection with this demonstration, the [Secretary](#g-6) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development may enter into contracts with [public housing agencies](#g-5) to provide not more than 1,500 incremental vouchers and certificates under sections [1437f(b)](/usc/42/1437f.md?p=b) and [1437f(o)](/usc/42/1437f.md?p=o) of this title. A [public housing agency](#g-5) may not require that a [frail elderly person](#g-3) live in a particular structure or [unit](/usc/42/1395w–114b.md?p=g-2), but the agency may restrict the [program](/usc/42/274l–1.md?p=4) under this section to a [geographic area](/usc/42/11360.md?p=9), where necessary to ensure that the provision of [supportive services](#g-7) is feasible. At the end of the demonstration period, the [public housing agency](#g-5) shall give each [frail elderly person](#g-3) the option to continue to receive assistance under the [housing](/usc/42/1490p–2.md?p=r-3) certificate or voucher [program](/usc/42/274l–1.md?p=4) of the agency. In the demonstration, the [Secretary](#g-6) may also provide for [supportive services](#g-7) in connection with existing contracts for [housing assistance](/usc/42/13641.md?p=3) under sections [1437f(b)](/usc/42/1437f.md?p=b) and [1437f(o)](/usc/42/1437f.md?p=o) of this title.
- (c) **Supportive services requirements and matching funding—**
  - (1) **Federal, PHA and,[^1] individual contributions—** The amount estimated by the [public housing agency](#g-5) and approved by the [Secretary](#g-6) as necessary to provide the [supportive services](#g-7) for the demonstration period shall be funded as follows:
    - (A) The [Secretary](#g-6) shall provide 40 percent, using amounts appropriated under this section.
    - (B) The [public housing agency](#g-5) shall ensure the provision of at least 50 percent from sources other than under this section.
    - (C) Notwithstanding any other provision of law, each [frail elderly person](#g-3) shall pay 10 percent of the costs of the [supportive services](#g-7) that the [person](/usc/42/1320a–7k.md?p=d-4-C-i) receives, except that a [frail elderly person](#g-3) may not be required to pay an amount that exceeds 20 percent of the adjusted [income](/usc/42/292s.md?p=c-4) (as the term is defined in [section 1437a(b)(5) of this title](/usc/42/1437a.md?p=b-5)) of such [person](/usc/42/1320a–7k.md?p=d-4-C-i) and the [Secretary](#g-6) shall provide for the waiver of the requirement to pay costs under this subparagraph for [persons](/usc/42/1320a–7k.md?p=d-4-C-i) whose [income](/usc/42/292s.md?p=c-4) is determined to be insufficient to provide for any payment.
    - (D) To the extent that the limitation under [subparagraph (C)](#c-1-C) regarding the percentage of [income](/usc/42/292s.md?p=c-4) [frail elderly persons](#g-3) may pay for services will result in collected amounts for any [public housing agency](#g-5) of less than 10 percent of the cost of providing the services, 50 percent of such remaining costs shall be provided by the [public housing agency](#g-5) and 50 percent of such remaining costs shall be provided by the [Secretary](#g-6) from amounts appropriated under this section.
  - (2) **Provision of services for entire demonstration—** Each [public housing agency](#g-5) shall ensure that [supportive services](#g-7) appropriate to the needs of the [frail elderly persons](#g-3) to be served under this demonstration are provided throughout the demonstration period. Expenditures for [supportive services](#g-7) need not be made in equal amounts for each year, but may vary depending on the needs of the [frail elderly persons](#g-3) assisted under this section. A [public housing agency](#g-5) may use up to 20 percent of the Federal assistance provided for [supportive services](#g-7) in each year of this demonstration and any amounts from any prior year in which the [public housing agency](#g-5) did not use 20 percent of the available Federal assistance.
  - (3) **Calculation of match—** In determining compliance with [paragraph (1)(B)](#c-1-B), an agency may include the value of such items as the [Secretary](#g-6) determines to be appropriate, which may include the salary paid to staff to provide [supportive services](#g-7), if such items have a readily discernible market value.
- (d) **Applications—** An application under this section shall be submitted by a [public housing agency](#g-5) in such form and in accordance with such procedures as the [Secretary](#g-6) shall establish. The [Secretary](#g-6) shall require that an application contain at a minimum—
  - (1) an application for [housing assistance](/usc/42/13641.md?p=3) under [section 1437f of this title](/usc/42/1437f.md), if necessary, and a description of any such assistance already made available that will be used in the demonstration;
  - (2) a description of the size and characteristics of the population of [frail elderly persons](#g-3) and of their [housing](/usc/42/1490p–2.md?p=r-3) and [supportive services](#g-7) needs;
  - (3) a description of the proposed method of determining whether a [person](/usc/42/1320a–7k.md?p=d-4-C-i) qualifies as a [frail elderly person](#g-3) (specifying any additional eligibility requirements proposed by the agency), and of selecting [frail elderly persons](#g-3) to participate;
  - (4) a statement that the [public housing agency](#g-5) will create a [professional assessment committee](#g-4) or will work with another entity which will assist the [public housing agency](#g-5) in identifying and providing only services that each [frail elderly person](#g-3) needs to remain living independently;
  - (5) a description of the mechanisms for developing [housing](/usc/42/1490p–2.md?p=r-3) and [supportive services](#g-7) plans for each [person](/usc/42/1320a–7k.md?p=d-4-C-i) and for monitoring the [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s progress in meeting that plan;
  - (6) the identity of the proposed service providers and a statement of qualifications;
  - (7) a description of the [supportive services](#g-7) the [public housing agency](#g-5) proposes to make available for the [frail elderly persons](#g-3) to be served, the estimated costs of such services, a description of the resources that are expected to be made available to cover the portion of the costs required by [subsection (c)(1)](#c-1);
  - (8) assurances satisfactory to the [Secretary](#g-6) that the [supportive services](#g-7) will be provided for the demonstration period;
  - (9) the plan for coordinating the provision of [housing assistance](/usc/42/13641.md?p=3) and [supportive services](#g-7);
  - (10) a description of how the [public housing agency](#g-5) will ensure that the service providers are providing [supportive services](#g-7), at a reasonable cost, adequate to meet the needs of the [persons](/usc/42/1320a–7k.md?p=d-4-C-i) to be served;
  - (11) a plan for continuing [supportive services](#g-7) to [frail elderly persons](#g-3) that continue to receive [housing assistance](/usc/42/13641.md?p=3) under [section 1437f of this title](/usc/42/1437f.md) after the end of the demonstration period; and
  - (12) a statement that the application has been developed in consultation with the [area agency on aging](/usc/42/3002.md?p=6) under title III of the Older Americans Act of 1965 [[42 U.S.C. 3021](/usc/42/3021.md) et seq.] and that the [public housing agency](#g-5) will periodically consult with the area agency during the demonstration.
- (e) **Selection—**
  - (1) **Criteria—** The [Secretary](#g-6) shall establish selection criteria for a national competition for assistance under this section, which shall include—
    - (A) the ability of the [public housing agency](#g-5) to develop and operate the proposed [housing assistance](/usc/42/13641.md?p=3) and [supportive services](#g-7) [program](/usc/42/274l–1.md?p=4);
    - (B) the need for a [program](/usc/42/274l–1.md?p=4) providing both [housing assistance](/usc/42/13641.md?p=3) and [supportive services](#g-7) for [frail elderly persons](#g-3) in the area to be served;
    - (C) the quality of the proposed [program](/usc/42/274l–1.md?p=4) for providing [supportive services](#g-7);
    - (D) the extent to which the proposed funding for the [supportive services](#g-7) is or will be available;
    - (E) the extent to which the [program](/usc/42/274l–1.md?p=4) would meet the needs of the [frail elderly persons](#g-3) proposed to be served by the [program](/usc/42/274l–1.md?p=4); and
    - (F) such other factors as the [Secretary](#g-6) specifies to be appropriate for purposes of carrying out the demonstration [program](/usc/42/274l–1.md?p=4) established by this section in an effective and efficient manner.
  - (2) **Consultation with HHS—** In reviewing the applications, the [Secretary](#g-6) shall consult with the [Secretary](#g-6) of Health and Human Services with respect to the [supportive services](#g-7) aspects.
  - (3) **Funding limitations—** No more than 10 percent of the assistance made available under this section may be used for [programs](/usc/42/274l–1.md?p=4) located within any one [unit of general local government](/usc/42/803.md?p=g-10).
- (f) **Required agreements—** The [Secretary](#g-6) may not approve any assistance for any [program](/usc/42/274l–1.md?p=4) under this section unless the [public housing agency](#g-5) agrees—
  - (1) to operate the proposed [program](/usc/42/274l–1.md?p=4) in accordance with the [program](/usc/42/274l–1.md?p=4) requirements established by the [Secretary](#g-6);
  - (2) to conduct an ongoing assessment of the [housing assistance](/usc/42/13641.md?p=3) and [supportive services](#g-7) required by each [frail elderly person](#g-3) participating in the [program](/usc/42/274l–1.md?p=4);
  - (3) to ensure the adequate provision of [supportive services](#g-7), at a reasonable cost, to each [frail elderly person](#g-3) participating in the [program](/usc/42/274l–1.md?p=4); and
  - (4) to comply with such other terms and conditions as the [Secretary](#g-6) may establish for purposes of carrying out the [program](/usc/42/274l–1.md?p=4) in an effective and efficient manner.
- (g) **Definitions—** For purposes of this section:
  - (1) The term “demonstration period” means the 5-year period referred to in [subsection (a)](#a).
  - (2) The term “elderly person” means a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who is at least 62 years of age.
  - (3) The term “frail elderly person” means an [elderly person](#g-2) who is unable to perform at least 3 activities of daily living adopted by the [Secretary](#g-6) for purposes of this [program](/usc/42/274l–1.md?p=4). [Owners](/usc/42/13641.md?p=4) may establish additional eligibility requirements (acceptable to the [Secretary](#g-6)) based on the [standards](/usc/42/1320d.md?p=7) in local [supportive services](#g-7) [programs](/usc/42/274l–1.md?p=4).
  - (4) The term “professional assessment committee” means a group of at least 3 [persons](/usc/42/1320a–7k.md?p=d-4-C-i) appointed by a [public housing agency](#g-5) which shall include at least 1 qualified medical professional and other [persons](/usc/42/1320a–7k.md?p=d-4-C-i) professionally competent to appraise the functional abilities of the frail [elderly](/usc/42/8002.md?p=3) in relation to the performance of activities of daily living.
  - (5) The term “public housing agency” has the meaning given such term in [section 1437a(b)(6) of this title](/usc/42/1437a.md?p=b-6). The term includes an [Indian Housing Authority](/usc/42/12876.md?p=5), as defined in [section 1437a(b)(11)](/usc/42/1437a.md?p=b-11)[^2] of this title.
  - (6) The term “Secretary” means the Secretary of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development.
  - (7) The term “supportive services”—
    - (A) means assistance, that the [Secretary](#g-6) determines—
      - (i) addresses the special needs of [frail elderly persons](#g-3); and
      - (ii) provides appropriate [supportive services](#g-7) or assists such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) in obtaining appropriate services, including personal care, case management services, transportation, meal services, counseling, supervision, and other services essential for achieving and maintaining independent living; and
    - (B) does not include medical services, as determined by the [Secretary](#g-6).
- (h) **Multifamily project demonstration—**
  - (1) **In general—** In addition to the demonstration [program](/usc/42/274l–1.md?p=4) authorized by the preceding provisions of this section, the [Secretary](#g-6) shall conduct a demonstration in one Federal region, subject to the terms and conditions of this subsection, to determine the feasibility of using [housing assistance](/usc/42/13641.md?p=3) under [section 1437f of this title](/usc/42/1437f.md) to assist [elderly persons](#g-2) who may become frail to live independently in [housing](/usc/42/1490p–2.md?p=r-3) specifically designed for occupancy by such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) in sufficient proportion to achieve economies of scale in the provision of services and [facilities](/usc/42/11049.md?p=4).
  - (2) **Section 1437f allocation—** From amounts provided pursuant to [subsection (j)](#j) and subject to availability in appropriation Acts, the [Secretary](#g-6) shall enter into a contract with a [public housing agency](#g-5) to provide [housing assistance](/usc/42/13641.md?p=3) under [section 1437f(b) of this title](/usc/42/1437f.md?p=b) to assist [elderly persons](#g-2) in at least 75 percent of the [units](/usc/42/1395w–114b.md?p=g-2) in a [single](/usc/42/2304.md?p=m) [housing](/usc/42/1490p–2.md?p=r-3) [project](/usc/42/11360.md?p=20) with more than 100 [units](/usc/42/1395w–114b.md?p=g-2).
  - (3) **Section 1437f terms—** The assistance payment contract under [section 1437f of this title](/usc/42/1437f.md) shall be attached to the structure and shall be in an initial term of 5 years. The contract shall (at the option of the [public housing agency](#g-5) and subject to availability of amounts approved in appropriations Acts) be renewable for 3 additional 5-year terms. Rents for [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) assisted pursuant to this subsection shall be subject to the rent limitations in effect for the area under [section 1437f of this title](/usc/42/1437f.md) for [projects](/usc/42/11360.md?p=20) for the [elderly](/usc/42/8002.md?p=3) receiving loans under [section 1701q of title 12](/usc/12/1701q.md).
  - (4) **Supportive services—** The [Secretary](#g-6) shall allocate, for the [project](/usc/42/11360.md?p=20) assisted pursuant to this subsection, a reasonable portion of the amounts appropriated pursuant to the [authorization](/usc/42/4370m.md?p=3) for [funds](/usc/42/12854.md?p=3) for [supportive services](#g-7) in [subsection (k)](#k), based on the estimated number of [project](/usc/42/11360.md?p=20) residents who will be frail [elderly](/usc/42/8002.md?p=3) individuals during the 5-year period beginning on the date of initial occupancy of the [project](/usc/42/11360.md?p=20). Grants for [supportive services](#g-7) may be used to assist any occupant in the [demonstration project](/usc/42/16281.md?p=d-2) who is a frail [elderly](/usc/42/8002.md?p=3) individual. Grants for [supportive services](#g-7) under this subsection shall be subject to the other terms and conditions specified in this section.
  - (5) **Applications—** An application for assistance under this subsection may be submitted by any [unit of general local government](/usc/42/803.md?p=g-10) with a population under 50,000 and shall contain such information as the [Secretary](#g-6) deems appropriate.
  - (6) **Selection—** The [Secretary](#g-6) shall select one application for funding under this subsection based on the following criteria:
    - (A) The number of [elderly persons](#g-2) residing in the applicant’s jurisdiction.
    - (B) The extent of existing [housing](/usc/42/1490p–2.md?p=r-3) constructed prior to 1940 in the applicant’s jurisdiction.
    - (C) The number of [elderly persons](#g-2) living in adjacent [projects](/usc/42/11360.md?p=20) to whom the services and [facilities](/usc/42/11049.md?p=4) provided by the [project](/usc/42/11360.md?p=20) would be available.
    - (D) The level of [State](/usc/42/201.md?p=f) and local contributions toward the cost of developing the [project](/usc/42/11360.md?p=20) and of providing [supportive services](#g-7).
    - (E) The [project](/usc/42/11360.md?p=20)’s contribution to neighborhood improvement.
- (i) **Report—** The [Secretary](#g-6) shall submit to Congress an annual report evaluating the effectiveness of the demonstrations under this section. The report shall include a statement of the number of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) served, the types of services provided, the cost of providing such services, and any other information the [Secretary](#g-6) considers appropriate in evaluating the demonstration.
- (j) **Section 1437f funding—** The budget authority available under [section 1437c(c) of this title](/usc/42/1437c.md?p=c) for assistance under sections [1437f(b)](/usc/42/1437f.md?p=b) and [1437f(o)](/usc/42/1437f.md?p=o) of this title is authorized to be increased by $38,288,000 on or after October 1, 1992, and by $39,896,096 on or after October 1, 1993. The amounts made available under this subsection shall be used only in connection with the demonstration under this section.
- (k) **Funding for services—** There are authorized to be appropriated for the [Secretary](#g-6) to carry out the responsibilities for [supportive services](#g-7) under the demonstrations under this section $10,000,000 to become available in fiscal year 1993, and $10,420,000 to become available in fiscal year 1994. Any such amounts appropriated under this subsection shall remain available until expended.
- (l) **Implementation—** Not later than the expiration of the 180-day period beginning on the date that [funds](/usc/42/12854.md?p=3) authorized for the demonstrations under this section first become available for obligation, the [Secretary](#g-6) shall by notice establish such requirements as may be necessary to carry out the demonstration [programs](/usc/42/274l–1.md?p=4) authorized under this section.

## Footnotes

[^1]: So in original. The comma probably should precede “and”.
[^2]: See References in Text note below.

## Source credit

(Pub. L. 101–625, title VIII, § 803, Nov. 28, 1990, 104 Stat. 4317; Pub. L. 102–550, title VI, § 605, Oct. 28, 1992, 106 Stat. 3806.)

## Notes

### Editorial Notes

### References in Text

The Older Americans Act of 1965, referred to in subsec. (d)(12), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218. Title III of the Act is classified generally to subchapter III (§ 3021 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

Section 1437a(b)(11) of this title, referred to in subsec. (g)(5), was repealed by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new section 1437a(b)(11), defining “public housing agency plan”, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524.

### Codification

Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which comprises this chapter.

### Amendments

1992—Subsec. (a). Pub. L. 102–550, § 605(c)(1), substituted “determined by the Secretary” for “beginning on November 28, 1990”.

Subsec. (g)(1). Pub. L. 102–550, § 605(c)(2), added par. (1) and struck out former par. (1) which read as follows: “The term ‘demonstration period’ means the period beginning on November 28, 1990, and ending upon the termination date under subsection (a).”

Subsec. (j). Pub. L. 102–550, § 605(a), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “The Secretary may provide assistance under sections 1437f(b) and 1437f(o) of this title in connection with the demonstrations under this section, in an amount not to exceed $34,000,000 for fiscal year 1991, and $35,500,000 for fiscal year 1992, subject to the approval of sufficient amounts in appropriations Acts under section 1437c of this title.”

Subsec. (k). Pub. L. 102–550, § 605(b), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “There are authorized to be appropriated for the Secretary to carry out the responsibilities for supportive services under the demonstrations under this section, $10,000,000 to become available in fiscal year 1991, and $10,400,000 to become available in fiscal year 1992, and remain available until expended.”