
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8009]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 89--CONGREGATE HOUSING SERVICES
 
Sec. 8009. Miscellaneous provisions


(a) Utilization of elderly and permanently disabled adult persons

    Each public housing agency and nonprofit corporation shall, to the 
maximum extent practicable, utilize elderly and permanently disabled 
adult persons who are residents of public housing projects or projects 
assisted under section 1701q of title 12, but who are not eligible 
project residents, to participate in providing the services assisted 
under this chapter. Such persons shall be paid wages which shall not be 
lower than whichever is the highest of--
        (1) the minimum wage which would be applicable to the employee 
    under the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.], 
    if section 6(a)(1) of such Act [29 U.S.C. 206(a)(1)] applied to the 
    resident and if he or she were not exempt under section 13 [29 
    U.S.C. 213] thereof;
        (2) the State or local minimum wage for the most nearly 
    comparable covered employment; or
        (3) the prevailing rates of pay for persons employed in similar 
    public occupations by the same employer.

(b) Tax treatment of services received

    No service provided to a public housing resident or to a resident of 
a housing project assisted under section 1701q of title 12 under this 
chapter, except for wages paid under subsection (a) of this section, may 
be treated as income for the purpose of any other program or provision 
of State or Federal law.

(c) Individuals receiving aid considered residents of own household

    Individuals receiving services assisted under this chapter shall be 
deemed to be residents of their own households, and not to be residents 
of a public institution, for the purpose of any other program or 
provision of State or Federal law.

(d) Regulations

    The Secretary may issue regulations to carry out the provisions of 
this chapter.

(Pub. L. 95-557, title IV, Sec. 410, Oct. 31, 1978, 92 Stat. 2109.)

                       References in Text

    The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), 
is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is 
classified generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. 
For complete classification of this Act to the Code, see section 201 of 
Title 29 and Tables.
