42 U.S.C. § 1437aaa–5
Definitions (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
For purposes of this subchapter: The term “applicant” means the following entities that may represent the tenants of the project: A public housing agency. A resident management corporation, established in accordance with requirements of the Secretary under . A resident council. A cooperative association. A public or private nonprofit organization. A public body, including an agency or instrumentality thereof. The term “eligible family” means— a family or individual who is a tenant in the public housing project on the date the Secretary approves an implementation grant; a low-income family; or a family or individual who is assisted under a housing program administered by the Secretary or the Secretary of Agriculture (not including any non-low income families assisted under any mortgage insurance program administered by either Secretary). The term “homeownership program” means a program for homeownership meeting the requirements under this subchapter. The term “recipient” means an applicant approved to receive a grant under this subchapter or such other entity specified in the approved application that will assume the obligations of the recipient under this subchapter. The term “resident council” means any incorporated nonprofit organization or association that— is representative of the tenants of the housing; adopts written procedures providing for the election of officers on a regular basis; and has a democratically elected governing board, elected by the tenants of the housing.
Section 42 U.S.C. § 1437aaa–5 establishes the core definitions that govern a federal public housing homeownership program. It identifies which types of organizations can serve as 'applicants' on behalf of tenants—ranging from public housing agencies to nonprofit organizations—and specifies which families qualify as 'eligible' to participate, including current public housing tenants and low-income families. The provision also defines what counts as a 'resident council,' requiring it to be an incorporated nonprofit with democratically elected leadership and written election procedures.
Plain English — not legal advice.
Public housing authorities and other entities administering programs under 42 U.S.C. § 1437aaa–5 generally ensure that any organization seeking applicant status meets one of the enumerated entity types, such as a resident management corporation or nonprofit organization. Compliant operators also verify that families seeking participation qualify as 'eligible families' under the statute's criteria before advancing them through the program. When working with resident councils, administrators typically confirm that the council is incorporated, holds regular officer elections, and maintains a democratically elected governing board as required by this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 42 U.S.C. § 1437aaa–5, tenants in a public housing project may have rights to participate in a homeownership program if they qualify as an 'eligible family,' which includes individuals residing in the project when an implementation grant is approved. Tenants may also organize or join a resident council—provided it meets the incorporation, election, and governance requirements defined in this section—which can then act as an 'applicant' on the community's behalf. Tenants who believe their eligibility or their council's standing is being improperly assessed may find it helpful to consult a tenant-rights organization or a local legal aid office familiar with federal public housing regulations.
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.
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