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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 8009 Miscellaneous provisions us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 89 CONGREGATE HOUSING SERVICES 8009 42 U.S.C. § 8009 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s8009 data/legal/raw/us/code/title-42/usc42.xml 50d424ca98582343b499fc5ae363d37673365d25a5b15a6505bb7173e145409e 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 72050c16f1d028de058b14d006468ca44c5b377498bfd970529cee0ac4c4c35b 2026-07-04 official
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42 U.S.C. § 8009 - Miscellaneous provisions

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.

(Pub. L. 95557, title IV, § 410, Oct. 31, 1978, 92 Stat. 2109.)

Notes

Editorial Notes

References in TextThe 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.