42 U.S.C. § 1437bbb–3
Applicability of requirements under programs for covered housing assistance (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
In each fiscal year of the demonstration program under this subchapter, amounts made available to a participating jurisdiction under the demonstration program shall be subject to the same terms and conditions as such amounts would be subject to if made available under the provisions of this chapter pursuant to which covered housing assistance is otherwise made available under this chapter to the public housing agency for the jurisdiction, except that— the Secretary may waive any such term or condition identified by the jurisdiction to the extent that the Secretary determines such action to be appropriate to carry out the purposes of the demonstration program under this subchapter; and the participating jurisdiction may combine the amounts made available and use the amounts for any activity eligible under the programs under sections 1437f and 1437g of this title. In carrying out the demonstration program under this subchapter, each participating jurisdiction shall assist substantially the same total number of eligible low-income families as would have otherwise been served by the public housing agency for the jurisdiction had the jurisdiction not participated in the demonstration program under this subchapter. This subchapter may not be construed to authorize the termination of assistance to any recipient receiving assistance under this chapter before , as a result of the implementation of the demonstration program under this subchapter. This subchapter may not be construed to affect the ability of any applying or participating jurisdiction (or a public housing agency for any such jurisdiction) to compete or otherwise apply for or receive assistance under any other housing assistance program administered by the Secretary.
Under 42 U.S.C. § 1437bbb–3, funds flowing to a jurisdiction through this federal housing demonstration program carry the same rules that would normally apply to those funds — but the Secretary of Housing and Urban Development may waive specific conditions when doing so serves the program's purposes. Participating jurisdictions are permitted to pool and redirect those funds toward any activity eligible under the public housing or Section 8 statutes. Critically, the rule requires that the overall number of low-income families assisted must remain substantially the same as it would have been without the demonstration, and no existing assistance recipient may lose their housing help simply because a jurisdiction joined the program.
Plain English — not legal advice.
Property owners and managers working with a participating jurisdiction under 42 U.S.C. § 1437bbb–3 should be aware that the underlying terms governing federal housing assistance funds generally remain in force, even within the demonstration program. Compliant operators typically verify which standard program conditions apply to any funding they receive and confirm whether the jurisdiction has obtained a Secretary-approved waiver for any modified terms. Because the statute preserves the total number of assisted families and prohibits termination of existing assistance, operators generally maintain current tenant assistance arrangements unless a formal waiver or program guidance specifically addresses a change.
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. § 1437bbb–3, tenants who are already receiving housing assistance are explicitly protected from losing that assistance solely because their jurisdiction chose to participate in the demonstration program. The statute also requires that the jurisdiction continue serving substantially the same number of low-income families overall, which provides a structural safeguard for the pool of eligible households. Tenants who believe their assistance has been improperly reduced or terminated in connection with this demonstration program may consider raising the provision as a defense in any administrative proceeding, filing a complaint with the relevant local housing authority or HUD field office, or reaching out to a tenant-rights organization for general information about available remedies.
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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