42 U.S.C. § 1437

Declaration of policy and public housing agency organization (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 8/28/2026FederalAffordable Housing Programs

Operative Text

42 U.S.C. § 1437
It is the policy of the United States—

to promote the general welfare of the Nation by employing the funds and credit of the Nation, as provided in this chapter—

to assist States and political subdivisions of States to remedy the unsafe housing conditions and the acute shortage of decent and safe dwellings for low-income families;

to assist States and political subdivisions of States to address the shortage of housing affordable to low-income families; and

consistent with the objectives of this subchapter, to vest in public housing agencies that perform well, the maximum amount of responsibility and flexibility in program administration, with appropriate accountability to public housing residents, localities, and the general public;

that the Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods;

that the Federal Government should act where there is a serious need that private citizens or groups cannot or are not addressing responsibly; and

that our Nation should promote the goal of providing decent and affordable housing for all citizens through the efforts and encouragement of Federal, State, and local governments, and by the independent and collective actions of private citizens, organizations, and the private sector.

Except as provided in paragraphs (2) and (3), the membership of the board of directors or similar governing body of each public housing agency shall contain not less than 1 member—

who is directly assisted by the public housing agency; and

who may, if provided for in the public housing agency plan, be elected by the residents directly assisted by the public housing agency.

Paragraph (1) shall not apply to any public housing agency—

that is located in a State that requires the members of the board of directors or similar governing body of a public housing agency to be salaried and to serve on a full-time basis; or

with less than 300 public housing units, if—

the agency has provided reasonable notice to the resident advisory board of the opportunity of not less than 1 resident described in paragraph (1) to serve on the board of directors or similar governing body of the public housing agency pursuant to such paragraph; and

within a reasonable time after receipt by the resident advisory board established by the agency pursuant to  of notice under clause (i), the public housing agency has not been notified of the intention of any resident to participate on the board of directors.

A covered agency (as such term is defined in subparagraph (C) of this paragraph) shall not be required to include on the board of directors or a similar governing board of such agency a member described in paragraph (1).

Each covered agency that administers Federal housing assistance under  that chooses not to include a member described in paragraph (1) on the board of directors or a similar governing board of the agency shall establish an advisory board of not less than 6 residents of public housing or recipients of assistance under  to provide advice and comment to the agency or other administering entity on issues related to public housing and . Such advisory board shall meet not less than quarterly.

For purposes of this paragraph, the term “covered agency” means a public housing agency or such other entity that administers Federal housing assistance for—

the Housing Authority of the county of Los Angeles, California; or

any of the States of Alaska, Iowa, and Mississippi.

No person shall be prohibited from serving on the board of directors or similar governing body of a public housing agency because of the residence of that person in a public housing project or status as assisted under .
Source: Legislative text reproduced verbatim
Plain English

42 U.S.C. § 1437 establishes the foundational federal policy behind public housing: the national government commits its resources to help states and local governments address unsafe, inadequate, and unaffordable housing for low-income families, while recognizing that private citizens, organizations, and the private sector share responsibility for housing development. The provision also sets governance rules for public housing agencies (PHAs), generally requiring that at least one board member be a resident directly assisted by the agency. Certain exceptions apply—such as for states requiring full-time salaried board members, smaller agencies under 300 units that have made reasonable outreach efforts, and designated 'covered agencies' in specific jurisdictions—and no person may be disqualified from board service solely because they live in or receive assistance from public housing.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers who participate in federal housing programs operate within the broad policy framework that 42 U.S.C. § 1437 establishes, which emphasizes shared responsibility between government and the private sector for expanding affordable housing. For public housing agencies specifically, compliant operators generally ensure their governing boards include at least one resident member as required by this provision, or document that they qualify for one of the enumerated exceptions—such as the small-agency outreach exception for PHAs with fewer than 300 units. Covered agencies in jurisdictions like Los Angeles County or the states of Alaska, Iowa, and Mississippi that opt out of the resident board-member requirement under § 1437 are expected to maintain a resident advisory board of at least six members that meets no less than quarterly.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 42 U.S.C. § 1437, residents of public housing have a federally recognized interest in the governance of their housing agency, including the right not to be excluded from board service simply because of their residency or assisted status. If a public housing agency is not a covered agency and does not qualify for an exception, residents may have grounds to raise the absence of a resident board member as a concern with the agency itself, a local oversight body, or HUD. Tenants who want to understand how these governance rights apply to their specific housing authority may benefit from reaching out to a local tenant-rights organization or resident advisory board for guidance on the options available under § 1437.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Aug 28, 2026
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Related Rules

§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.
§ 5.110
§ 5.110 Waivers.

Source Information

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