I 

108TH CONGRESS 

1ST SESSION H. R. 2628

To provide affordable housing opportunities for families that are headed 

by grandparents and other relatives of children. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Mr. CAPUANO (for himself, Mr. QUINN, Mr. ABERCROMBIE, Mr. REYES, Ms. 

LEE, Mr. GRIJALVA, Mr. LEWIS of Kentucky, Ms. SCHAKOWSKY, Mr. 

RANGEL, Mr. HINCHEY, Ms. MILLENDER-MCDONALD, Mr. OWENS, and 

Mr. LANTOS) introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL

To provide affordable housing opportunities for families that 

are headed by grandparents and other relatives of children.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Living Equitably: 

5 Grandparents Aiding Children and Youth Act’’. 

6 SEC. 2. DEMONSTRATION PROGRAM FOR ELDERLY HOUS7 ING FOR INTERGENERATIONAL FAMILIES. 

8 (a) IN GENERAL.—The Secretary of Housing and 

9 Urban Development shall carry out a demonstration pro-
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1 gram to determine the feasibility of providing 

2 intergenerational dwelling units for intergenerational fam3 ilies in connection with the supportive housing program 

4 under section 202 of the Housing Act of 1959 (12 U.S.C. 

5 1701q). 

6 (b) INTERGENERATIONAL DWELLING UNITS.—

7 Under the demonstration program, the Secretary shall 

8 provide assistance under this section to private nonprofit 

9 organizations (as such term is defined in section 202(k) 

10 of the Housing Act of 1959 (12 U.S.C. 1701q(k)) for use 

11 only for expanding the supply of intergenerational dwelling 

12 units, which units shall be provided—

13 (1) by designating and retrofitting, for use as 

14 intergenerational dwelling units, existing dwelling 

15 units that are located within a project assisted under 

16 such section 202; 

17 (2) through development of buildings or 

18 projects comprised solely of intergenerational dwell19 ing units; or 

20 (3) through the development of an annex or ad21 dition to such an existing project assisted under 

22 such section 202, which contains intergenerational 

23 dwelling units, including through the development of 

24 elder cottage housing opportunity units that are 

25 small, freestanding, barrier-free, energy-efficient, re-
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1 movable dwelling units located adjacent to a larger 

2 project or dwelling. 

3 (c) PROGRAM TERMS.—Assistance provided pursuant 

4 to this section shall be subject to the provisions of section 

5 202 of the Housing Act of 1959 (12 U.S.C. 1701q), except 

6 that—

7 (1) notwithstanding subsection (d)(1) of such 

8 section or any provision of such section restricting 

9 occupancy to elderly persons, any intergenerational 

10 dwelling unit assisted under the demonstration pro11 gram may be occupied as provided in subsection 

12 (e)(2) of this section; 

13 (2) subsections (e) and (f) of such section 202 

14 (relating to applications and selection criteria) shall 

15 not apply; 

16 (3) in addition to the requirements under sub17 section (g) of such section 202, the Secretary of 

18 Housing and Urban Development shall ensure that 

19 occupants of dwelling units assisted under the dem20 onstration program are provided a range of services 

21 tailored to the needs of elderly persons, children, and 

22 intergenerational families and shall coordinate with 

23 the heads of other Federal agencies as may be ap24 propriate to ensure the provision of such services; 

25 and 
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1 (4) the Secretary may waive or alter any other 

2 provision of such section 202 necessary to provide 

3 for assistance under the demonstration program 

4 under this section. 

5 (d) SELECTION.—The Secretary of Housing and 

6 Urban Development shall provide for private nonprofit or7 ganizations to submit applications for assistance under 

8 this section and, during the period consisting of fiscal 

9 years 2004 through 2007 shall, to the extent amounts are 

10 available pursuant to subsection (g), select not less than 

11 2 and not more than 4 projects assisted under section 202 

12 of the Housing Act of 1959 for such assistance based on 

13 the ability of the applicant to develop and operate 

14 intergenerational dwelling units and national geographical 

15 diversity among projects funded. 

16 (e) DEFINITIONS.—For purposes of this section: 

17 (1) ELDERLY PERSON.—The term ‘‘elderly per18 son’’ has the meaning given such term in section 

19 202(k) of the Housing Act of 1959 (12 U.S.C. 

20 1701q(k)). 

21 (2) INTERGENERATIONAL DWELLING UNIT.—

22 The term ‘‘intergenerational dwelling unit’’ means a 

23 qualified dwelling unit (as such term is defined in 

24 section 9 of this Act) that is reserved for occupancy 

25 only by an intergenerational family. 
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1 (3) INTERGENERATIONAL FAMILY.—The term 

2 ‘‘intergenerational family’’ means a covered family 

3 (as such term is defined in section 9 of this Act) 

4 that has a head of household who is an elderly per5 son. 

6 (f) REPORT.—Not later than 36 months after the 

7 date of the enactment of this Act, the Secretary of Hous8 ing and Urban Development shall submit a report to the 

9 Congress describing the demonstration program under 

10 this section and analyzing the effectiveness of the pro11 gram. 

12 (g) FUNDING.—Of any amounts made available for 

13 assistance under section 202 of the Housing Act of 1959 

14 (12 U.S.C. 1701q) for each of fiscal years 2004 through 

15 2007, the Secretary of Housing and Urban Development 

16 shall reserve amounts in such fiscal years as may be nec17 essary to fund the demonstration projects selected under 

18 subsection (d). Such amounts shall be available for use 

19 only for providing assistance under this section. 

20 SEC. 3. DEMONSTRATION PROGRAM FOR RENTAL ASSIST21 ANCE FOR GRANDPARENT-HEADED OR REL22 ATIVE-HEADED FAMILIES. 

23 (a) IN GENERAL.—The Secretary of Housing and 

24 Urban Development shall carry out a demonstration pro25 gram to determine the feasibility of providing rental as-
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1 sistance under section 8 of the United States Housing Act 

2 of 1937 (42 U.S.C. 1437f) for the rental of suitable dwell3 ing units by covered families. 

4 (b) ELIGIBLE UNITS.—Under the demonstration pro5 gram, the Secretary shall make rental assistance amounts 

6 reserved pursuant to subsection (f) of this section avail7 able to public housing agencies selected to participate in 

8 the program for use only for assistance on behalf of cov9 ered families renting qualified dwelling units. Such a pub10 lic housing agency may not initially provide voucher assist11 ance under this section for any family after the end of 

12 fiscal year 2007. 

13 (c) SERVICES.—The Secretary of Housing and Urban 

14 Development shall require any public housing agency par15 ticipating in the demonstration program under this section 

16 to provide, to covered families receiving rental assistance 

17 pursuant to the program, supportive services that are tai18 lored to the needs of children and covered families. The 

19 Secretary shall coordinate with the heads of other Federal 

20 agencies as may be appropriate to assist in ensuring the 

21 provision of such services 

22 (d) SELECTION.—The Secretary of Housing and 

23 Urban Development shall provide for public housing agen24 cies to apply to participate in the demonstration program 

25 under this section and, during the period consisting of fis-
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1 cal years 2004 through 2007 shall, to the extent amounts 

2 are available pursuant to subsection (f), select not less 

3 than two and not more than four agencies for such partici4 pation based on the ability of the applicant to provide as5 sistance and services under the program and national geo6 graphical diversity among agencies participating in the 

7 program. 

8 (e) REPORT.—Not later than 36 months after the 

9 date of the enactment of this Act, the Secretary of Hous10 ing and Urban Development shall submit a report to the 

11 Congress describing the demonstration program under 

12 this section and analyzing the effectiveness of the pro13 gram. 

14 (f) FUNDING.—Of any amounts made available for 

15 voucher assistance under section 8(o) of the United States 

16 Housing Act of 1937 (42 U.S.C. 1437f(o)) for fiscal year 

17 2004 and fiscal years thereafter, the Secretary of Housing 

18 and Urban Development shall reserve such amounts in 

19 such fiscal years as may be necessary to provide voucher 

20 assistance for the agencies selected under subsection (d) 

21 for use only for providing assistance under this section. 
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1 SEC. 4. ELIGIBILITY OF GRANDPARENT-HEADED AND REL2 ATIVE-HEADED FAMILIES FOR FAMILY UNIFI3 CATION ASSISTANCE. 

4 Section 8(x) of the United States Housing Act of 

5 1937 (42 U.S.C. 1437f(x)) is amended—

6 (1) in paragraph (2)—

7 (A) by striking ‘‘section 8’’ and inserting 

8 ‘‘this section’’; 

9 (B) by striking ‘‘and’’ before ‘‘(B)’’ and in10 serting a comma; and 

11 (C) by inserting before the period at the 

12 end the following: ‘‘, or (C) a covered family (as 

13 such term is defined in section 9 of the Living 

14 Equitably: Grandparents Aiding Children and 

15 Youth Act), who is otherwise eligible for such 

16 assistance, for rental of a qualified dwelling 

17 unit (as such term is defined in such section 

18 9)’’; and 

19 (2) in the second sentence of paragraph (3)—

20 (A) by striking ‘‘containing’’ and inserting 

21 ‘‘, which shall contain, to the extent appropriate 

22 (based on the proposed use for the amounts 

23 made available under this subsection) (A)’’; and 

24 (B) by inserting before the period at the 

25 end the following: ‘‘, and (B) a description of 

26 the need for assistance under this subsection 
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1 for covered families (as such term is defined in 

2 section 9 of the Living Equitably: Grandparents 

3 Aiding Children and Youth Act)’’. 

4 SEC. 5. ELIGIBILITY OF HOME PROGRAM ECHO UNITS FOR 

5 USE FOR GRANDPARENT-HEADED AND REL6 ATIVE-HEADED FAMILIES. 

7 Section 104(8) of the Cranston-Gonzalez National 

8 Affordable Housing Act (42 U.S.C. 12704(8)) is amended 

9 by adding at the end the following new sentence: ‘‘Such 

10 term also includes cottage housing opportunity units that 

11 are installed adjacent to existing 1- to 4-family dwellings, 

12 are occupied by children who are members of covered fam13 ilies, and facilitate the habitation of covered families (as 

14 such term is defined in section 9 of the Living Equitably: 

15 Grandparents Aiding Children and Youth Act) as a single 

16 family unit.’’. 

17 SEC. 6. ASSISTANCE UNDER FAIR HOUSING INITIATIVES 

18 PROGRAM FOR EDUCATION AND OUTREACH 

19 REGARDING HOUSING OPPORTUNITIES FOR 

20 GRANDPARENT-HEADED AND RELATIVE21 HEADED FAMILIES. 

22 Section 561 of the Housing and Community Develop23 ment Act of 1987 (42 U.S.C. 3616a) is amended—

24 (1) in subsection (a)—
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1 (A) in paragraph (1), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) education, outreach, counseling, and as8 sistance programs designed to inform covered fami9 lies (as such term is defined in section 9 of the Liv10 ing Equitably: Grandparents Aiding Children and 

11 Youth Act) of affordable housing opportunities and 

12 services and to assist in obtaining such opportunities 

13 and services.’’; and 

14 (2) in subsection (d), by adding at the end the 

15 following new paragraph: 

16 ‘‘(4) HOUSING PROGRAMS FOR GRANDPARENT17 HEADED AND RELATIVE-HEADED FAMILIES.—The 

18 Secretary shall provide funding to State and local 

19 governments and public and nonprofit organizations 

20 and institutions to carry out the activities under 

21 subsection (a)(3).’’. 
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1 SEC. 7. TRAINING FOR HUD PERSONNEL REGARDING 

2 GRANDPARENT-HEADED AND RELATIVE3 HEADED FAMILIES ISSUES. 

4 Section 7 of the Department of Housing and Urban 

5 Development Act (42 U.S.C. 3535) is amended by adding 

6 at the end the following new subsection: 

7 ‘‘(t) TRAINING REGARDING ISSUES RELATING TO

8 GRANDPARENT-HEADED AND RELATIVE-HEADED FAMI9 LIES.—The Secretary shall ensure that all personnel em10 ployed in field offices of the Department who have respon11 sibilities for administering the program under section 8 

12 of the United States Housing Act of 1937 or under section 

13 202 of the Housing Act of 1959, and an appropriate num14 ber of personnel in the headquarters office of the Depart15 ment who have responsibilities for such programs, have 

16 received adequate training regarding the particular needs 

17 and problems of covered families (as such term is defined 

18 in section 9 of the Living Equitably: Grandparents Aiding 

19 Children and Youth Act), including appropriate affordable 

20 housing opportunities and legal custody issues.’’. 

21 SEC. 8. STUDY OF HOUSING NEEDS OF GRANDPARENT22 HEADED AND RELATIVE-HEADED FAMILIES. 

23 (a) IN GENERAL.—The Secretary of Housing and 

24 Urban Development and the Bureau of the Census shall 

25 jointly conduct a study to determine an estimate of the 

26 number of covered families in the United States and their 
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1 affordable housing needs and shall submit a report to the 

2 Congress regarding the results of the study. 

3 (b) REPORT AND RECOMMENDATIONS.—The report 

4 required under subsection (a) shall be submitted to the 

5 Congress not later than 12 months after the date of the 

6 enactment of this Act. The report shall include rec7 ommendations by the Secretary of Housing and Urban 

8 Development regarding how the major assisted housing 

9 programs of the Department of Housing and Urban De10 velopment (including the rental assistance and public 

11 housing programs under the United States Housing Act 

12 of 1937 and the supportive housing for the elderly pro13 gram under section 202 of the Housing Act of 1959) can 

14 be used and, if appropriate, amended or altered, to meet 

15 the affordable housing needs of covered families. 

16 SEC. 9. DEFINITIONS. 

17 For purposes of this Act: 

18 (1) CHILD.—The term ‘‘child’’ means an indi19 vidual who—

20 (A) is not attending school and is not more 

21 than 18 years of age; or 

22 (B) is attending school and is not more 

23 than 19 years of age. 

24 (2) COVERED FAMILY.—The term ‘‘covered 

25 family’’ means a family that—
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1 (A) includes a child; and 

2 (B) has a head of household who is—

3 (i) a grandparent of the child who is 

4 raising the child; or 

5 (ii) a relative of the child who is rais6 ing the child. 

7 (3) GRANDPARENT.—The term ‘‘grandparent’’ 

8 means, with respect to a child, an individual who is 

9 a grandparent or stepgrandparent of the child by 

10 blood or marriage, regardless of the age of such in11 dividual. In the case of a child who was adopted, the 

12 term includes an individual who, by blood or mar13 riage, is a grandparent or stepgrandparent of the 

14 child as adopted. 

15 (4) QUALIFIED DWELLING UNIT.—The term 

16 ‘‘qualified dwelling unit’’ means a dwelling unit 

17 that—

18 (A) has at least 2 separate bedrooms; 

19 (B) is equipped with design features ap20 propriate to meet the special physical needs of 

21 elderly persons, as needed; and 

22 (C) is equipped with design features appro23 priate to meet the special physical needs of 

24 young children. 
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1 (5) RAISING A CHILD.—The term ‘‘raising a 

2 child’’ means, with respect to an individual, that the 

3 individual—

4 (A) resides with the child; and 

5 (B) is the primary caregiver for the 

6 child—

7 (i) because the biological or adoptive 

8 parents of the child do not reside with the 

9 child or are unable or unwilling to serve as 

10 the primary caregiver for the child; and 

11 (ii) regardless of whether the indi12 vidual has a legal relationship to the child 

13 (such as guardianship or legal custody) or 

14 is caring for the child informally and has 

15 no such legal relationship with the child. 

16 (6) RELATIVE.—The term ‘‘relative’’ means, 

17 with respect to a child, an individual who—

18 (A) is not a parent of the child by blood 

19 or marriage; and 

20 (B) is a relative of the child by blood or 

21 marriage, regardless of the age of the indi22 vidual. 
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1 In the case of a child who was adopted, the term in2 cludes an individual who, by blood or marriage, is a 

3 relative of the family who adopted the child.

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