42 U.S.C. § 1437k

Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies (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. § 1437k
Any 2 or more public housing agencies may participate in a consortium for the purpose of administering any or all of the housing programs of those public housing agencies in accordance with this section.

With respect to any consortium described in paragraph (1)—

any assistance made available under this subchapter to each of the public housing agencies participating in the consortium shall be paid to the consortium; and

all planning and reporting requirements imposed upon each public housing agency participating in the consortium with respect to the programs operated by the consortium shall be consolidated.

Each consortium described in paragraph (1) shall be formed and operated in accordance with a consortium agreement, and shall be subject to the requirements of a joint public housing agency plan, which shall be submitted by the consortium in accordance with .

The Secretary shall specify minimum requirements relating to the formation and operation of consortia and the minimum contents of consortium agreements under this paragraph.

Notwithstanding any other provision of law, a public housing agency, in accordance with the public housing agency plan, may—

form and operate wholly owned or controlled subsidiaries (which may be nonprofit corporations) and other affiliates, any of which may be directed, managed, or controlled by the same persons who constitute the board of directors or similar governing body of the public housing agency, or who serve as employees or staff of the public housing agency; or

enter into joint ventures, partnerships, or other business arrangements with, or contract with, any person, organization, entity, or governmental unit—

with respect to the administration of the programs of the public housing agency, including any program that is subject to this subchapter; or

for the purpose of providing or arranging for the provision of supportive or social services.

Any income generated under paragraph (1)—

shall be used for low-income housing or to benefit the residents assisted by the public housing agency; and

shall not result in any decrease in any amount provided to the public housing agency under this subchapter, except as otherwise provided under the formulas established under section 1437g(d)(2) and 1437g(e)(2) of this title.

The Comptroller General of the United States, the Secretary, or the Inspector General of the Department of Housing and Urban Development may conduct an audit of any activity undertaken under paragraph (1) at any time.
Source: Legislative text reproduced verbatim
Plain English

Under 42 U.S.C. § 1437k, two or more public housing agencies (PHAs) may join together in a consortium to jointly administer their housing programs, consolidating funding payments and reporting obligations under a shared agreement and plan. Separately, individual PHAs may form subsidiaries, affiliates, or enter joint ventures to manage programs or provide supportive services, provided that any income generated is directed toward low-income housing or resident benefit and remains subject to federal audit.

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

Plain English — not legal advice.

For Property Managers

Public housing agencies operating under 42 U.S.C. § 1437k that participate in a consortium or form subsidiaries and joint ventures generally maintain a consortium agreement, submit a joint PHA plan, and ensure that any income derived from these arrangements is applied to low-income housing purposes. Compliant agencies also keep records sufficient to support potential audits by the Comptroller General, HUD Secretary, or HUD Inspector General at any time.

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. § 1437k, residents of public housing have a statutory assurance that any income a PHA generates through consortia, subsidiaries, or joint ventures must be used for low-income housing or to benefit assisted residents — not diverted elsewhere. Tenants who believe their PHA is misusing such income or failing to meet consortium requirements may raise concerns with their local HUD field office or a tenant-rights organization familiar with public housing law.

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

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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Fetched:Aug 28, 2026, 11:25 AM UTC