8. Increase Elderly Age

The agency is authorized to amend the definition of an elderly person to be an individual who is at most 65 years of age.  The agency remains subject to HUD’s regulations implementing the Age Discrimination Act of 1975 at 24 C.F.R. part 146 in its entirety.

Safe harbors marked with an asterisk (*) cannot be waived through either the Safe Harbor Waiver process or the Agency-Specific Waiver process.

Activity

Increase Elderly Age (PH & HCV)

The agency may change HUD’s definition of an elderly person to be at most 65 years of age.

Statutes and Regulations Waived

Increase Elderly Age (PH & HCV)

Certain provisions of section 3(b)(3)(D) of the 1937 Act to read “[63, 64, or 65] years of age” in relevant part, 24 C.F.R. 5.100 to read “[63, 64, or 65] years of age” in relevant part of the definition of Elderly Person, and 24 C.F.R. 5.403 to read “[63, 64, or 65] years of age” in relevant part of the definition of Elderly family. 

Safe Harbor(s) - 8.

  1. The definition of an elderly person must not set a threshold (minimum) age above 65 years old.*
  2. The agency must still exclude persons 62 and older from activities for which the activity description or safe harbor exempts those exempted from the Community Service Requirement under section 12(c)(2)(A), (B), (D) and (E) of the 1937 Act (e.g. work requirements or mandatory FSS).*
  3. The agency must conduct an initial activity analysis consistent with 24 C.F.R. part 146 and make the activity analysis available during the applicable public review period prior to the implementation of the MTW activity. The activity analysis must be updated at least annually during implementation of the activity and at the time the activity is closed out.*
  4. The agency must retain records available for HUD inspection that cover the waiver, tenant consultation and public comment, results of the activity analysis, and specific policies and procedures to implement the waiver.*
  5. The implementation of this activity must apply only to new admissions after the effective date of the MTW Supplement in which the activity is authorized.*