Community Service Requirement Change in FY2002 HUD Appropriation

Under section 12 of the United States Housing Act of 1937, as amended, every adult resident of public housing is required to perform eight hours of community service each month, or participate in a self-sufficiency program for at least eight hours each month or a combination of the two totaling eight hours each month. (42 USC 1437j) This requirement does not apply to various exempt groups such as elderly persons, certain disabled individuals and others. (24 CFR 960.600-609).

The Department of Veteran Affairs and Housing and Urban Development, and Independent Agencies Appropriation Act, 2002, at Section 432, provides that: "None of the funds made available by this Act may be used to implement or enforce the requirement … relating to community service, except with respect to any resident of a public housing project funded with any amount provided under section 24 of the United States Housing Act of 1937, as amended, or any predecessor program for the revitalization of severely distressed public housing (HOPE VI)." (Pub. L 107-73, sec.432, 115 Stat. 651).

Under this new provision HAs generally are precluded from implementing or enforcing community service requirements in non-HOPE VI developments using FY 2002 funds. FY 2002 funds will be considered to be in use for the time period HUD provides Federal FY 2002 operating funds to a HA. (i.e., the HA's fiscal year commencing: January 1, 2002, April 1, 2002, July 1, 2002 or October 1, 2002).

Questions and Answers

1. As a result of this law under which residents are required to do community service during the applicable time period?

Only residents that reside in a HOPE VI housing development are required to comply with the community service requirements during the applicable time period. A HOPE VI housing development is any public housing development that is or was funded with any amount of HOPE VI funding, or any predecessor program for the revitalization of severely distressed public housing.

2. What happens to current community service programs?

A HA may continue implementing or enforcing current community service requirements until its 2002 fiscal year commences. However, if a HA chooses, it may suspend enforcement of the requirements for non-HOPE VI funded programs immediately in recognition that the non-HOPE VI programs will no longer be enforceable during its 2002 fiscal year. This will not affect any voluntary community service program a HA may have outside of section 12 of the United States Housing Act of 1937.

3. Do HAs have to provide notice to residents?

Yes, HAs must provide written notice of these changes to all affected residents as soon as feasible, generally 30 days before the beginning of its 2002 fiscal year. If a HA's 2002 fiscal year begins January 1, 2002, it should provide notice generally within 30 days from the date of this web posting. The notice must include language stating that the HA will not implement or enforce the community service requirement provision of the lease during the applicable fiscal year, except for HOPE VI funded projects.

The Department will provide further instructions at a later time. If you have any further questions, please contact Patricia Arnaudo or Meloson Bell, Customer Services and Amenities Division, HUD Headquarters, via e-mail at Meloson_Bell@HUD.GOV or the Public and Indian Housing Information and Resource Center at 1-800-955-2232.