42 U.S.C. § 1437bbb–4
Program requirements (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
Notwithstanding , the Secretary may not waive, with respect to any participating jurisdiction, any of the following provisions: The first sentence of paragraph (1) of (relating to eligibility of low-income families). (relating to income eligibility and targeting of assistance). Paragraph (2) of (relating to rental payments for public housing families). Paragraphs (2) and (3) of section 1437f() of this title (to the extent such paragraphs limit the amount of rent paid by families assisted with tenant-based assistance). o (relating to demolition or disposition of public housing). A participating jurisdiction shall provide assistance using amounts received pursuant to this subchapter in the manner set forth in the plan of the jurisdiction approved by the Secretary under .
Under 42 U.S.C. § 1437bbb–4, even when federal housing law otherwise permits the Secretary of Housing and Urban Development to waive certain requirements for jurisdictions participating in a public housing flexibility program, a defined set of core protections cannot be waived under any circumstances. These non-waivable provisions cover areas such as low-income family eligibility, income targeting, rent payment limits for public housing and tenant-based assistance recipients, and rules governing demolition or disposition of public housing. Additionally, any assistance funds received under this subchapter must be used in accordance with the jurisdiction's Secretary-approved plan.
Plain English — not legal advice.
Property owners and managers operating in jurisdictions participating under 42 U.S.C. § 1437bbb–4 should be aware that certain baseline federal requirements—including income eligibility standards and caps on the rent families pay—remain fully in force regardless of any local flexibility arrangements. Compliant operators generally verify that their practices align with the jurisdiction's Secretary-approved assistance plan, since that plan governs how funds under this subchapter are deployed. Because the non-waivable provisions include rules on demolition and disposition of public housing, operators involved in redevelopment activities typically confirm that those federal standards still apply even within a flexibility program.
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–4, tenants retain important protections that a participating jurisdiction cannot negotiate away, including income-eligibility rules, limits on how much rent an assisted family can be required to pay, and safeguards related to the demolition or disposition of public housing. If a tenant believes these non-waivable protections are not being honored, general enforcement paths include raising the issue with the local housing authority, filing a complaint with the relevant rent or housing board if one exists, or reaching out to a local tenant-rights organization for guidance. Reviewing the jurisdiction's Secretary-approved assistance plan, which governs how funds under this subchapter are used, can also help tenants understand what assistance they may be entitled to receive.
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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