I
107TH CONGRESS
2D SESSION
H. R. 4033
To provide affordable housing opportunities for families that are headed
by grandparents and other relatives of children.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. CAPUANO (for himself and Mrs. MORELLA) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Living Equitably:
Grandparents Aiding Children and Youth Act’’.
SEC. 2. DEMONSTRATION PROGRAM FOR ELDERLY HOUS-
ING FOR INTERGENERATIONAL FAMILIES.
(a) IN GENERAL.—The Secretary of Housing and
Urban Development shall carry out a demonstration pro-
gram 
to 
determine 
the 
feasibility 
of 
providing
(4) the Secretary may waive or alter any other
provision of such section 202 necessary to provide
for assistance under the demonstration program
under this section.
(d) SELECTION.—The Secretary of Housing and
Urban Development shall provide for private nonprofit or-
ganizations to submit applications for assistance under
this section and, during the period consisting of fiscal
years 2003 through 2006 shall, to the extent amounts are
available pursuant to subsection (g), select not less than
2 and not more than 4 projects assisted under section 202
of the Housing Act of 1959 for such assistance based on
the ability of the applicant to develop and operate
intergenerational dwelling units and national geographical
diversity among projects funded.
(e) DEFINITIONS.—For purposes of this section:
(1) ELDERLY PERSON.—The term ‘‘elderly per-
son’’ has the meaning given such term in section
202(k) of the Housing Act of 1959 (12 U.S.C.
1701q(k)).
(2) INTERGENERATIONAL
DWELLING
UNIT.—
The term ‘‘intergenerational dwelling unit’’ means a
qualified dwelling unit (as such term is defined in
section 9 of this Act) that is reserved for occupancy
only by an intergenerational family.
(3) INTERGENERATIONAL
FAMILY.—The term
‘‘intergenerational family’’ means a covered family
(as such term is defined in section 9 of this Act)
that has a head of household who is an elderly per-
son.
(f) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Hous-
ing and Urban Development shall submit a report to the
Congress describing the demonstration program under
this section and analyzing the effectiveness of the pro-
gram.
(g) FUNDING.—Of any amounts made available for
assistance under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q) for each of fiscal years 2003 through
2006, the Secretary of Housing and Urban Development
shall reserve amounts in such fiscal years as may be nec-
essary to fund the demonstration projects selected under
subsection (d). Such amounts shall be available for use
only for providing assistance under this section.
SEC. 3. DEMONSTRATION PROGRAM FOR RENTAL ASSIST-
ANCE FOR GRANDPARENT-HEADED OR REL-
ATIVE-HEADED FAMILIES.
(a) IN GENERAL.—The Secretary of Housing and
Urban Development shall carry out a demonstration pro-
gram to determine the feasibility of providing rental as-
sistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) for the rental of suitable dwell-
ing units by covered families.
(b) ELIGIBLE UNITS.—Under the demonstration pro-
gram, the Secretary shall make rental assistance amounts
reserved pursuant to subsection (f) of this section avail-
able to public housing agencies selected to participate in
the program for use only for assistance on behalf of cov-
ered families renting qualified dwelling units. Such a pub-
lic housing agency may not initially provide voucher assist-
ance under this section for any family after the end of
fiscal year 2006.
(c) SERVICES.—The Secretary of Housing and Urban
Development shall require any public housing agency par-
ticipating in the demonstration program under this section
to provide, to covered families receiving rental assistance
pursuant to the program, supportive services that are tai-
lored to the needs of children and covered families. The
Secretary shall coordinate with the heads of other Federal
agencies as may be appropriate to assist in ensuring the
provision of such services
(d) SELECTION.—The Secretary of Housing and
Urban Development shall provide for public housing agen-
cies to apply to participate in the demonstration program
under this section and, during the period consisting of fis-
cal years 2003 through 2006 shall, to the extent amounts
are available pursuant to subsection (f), select not less
than two and not more than four agencies for such partici-
pation based on the ability of the applicant to provide as-
sistance and services under the program and national geo-
graphical diversity among agencies participating in the
program.
(e) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Hous-
ing and Urban Development shall submit a report to the
Congress describing the demonstration program under
this section and analyzing the effectiveness of the pro-
gram.
(f) FUNDING.—Of any amounts made available for
voucher assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) for fiscal year
2003 and fiscal years thereafter, the Secretary of Housing
and Urban Development shall reserve such amounts in
such fiscal years as may be necessary to provide voucher
assistance for the agencies selected under subsection (d)
for use only for providing assistance under this section.
SEC. 4. ELIGIBILITY OF GRANDPARENT-HEADED AND REL-
ATIVE-HEADED FAMILIES FOR FAMILY UNIFI-
CATION ASSISTANCE.
Section 8(x) of the United States Housing Act of
1937 (42 U.S.C. 1437f(x)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘section 8’’ and inserting
‘‘this section’’;
(B) by striking ‘‘and’’ before ‘‘(B)’’ and in-
serting a comma; and
(C) by inserting before the period at the
end the following: ‘‘, or (C) a covered family (as
such term is defined in section 9 of the Living
Equitably: Grandparents Aiding Children and
Youth Act), who is otherwise eligible for such
assistance, for rental of a qualified dwelling
unit (as such term is defined in such section
9)’’; and
(2) in the second sentence of paragraph (3)—
(A) by inserting ‘‘, as appropriate (A)’’
after ‘‘containing’’; and
(B) by inserting before the period at the
end the following: ‘‘, or (B) a description of the
need for assistance under this subsection for
covered families (as such term is defined in sec-
tion 9 of the Living Equitably: Grandparents
Aiding Children and Youth Act)’’.
SEC. 5. ELIGIBILITY OF HOME PROGRAM ECHO UNITS FOR
USE FOR GRANDPARENT-HEADED AND REL-
ATIVE-HEADED FAMILIES.
Section 104(8) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704(8)) is amended
by adding at the end the following new sentence: ‘‘Such
term also includes cottage housing opportunity units that
are installed adjacent to existing 1- to 4-family dwellings,
are occupied by children who are members of covered fam-
ilies, and facilitate the habitation of covered families (as
such term is defined in section 9 of the Living Equitably:
Grandparents Aiding Children and Youth Act) as a single
family unit.’’.
SEC. 6. ASSISTANCE UNDER FAIR HOUSING INITIATIVES
PROGRAM FOR EDUCATION AND OUTREACH
REGARDING HOUSING OPPORTUNITIES FOR
GRANDPARENT-HEADED 
AND 
RELATIVE-
HEADED FAMILIES.
Section 561 of the Housing and Community Develop-
ment Act of 1987 (42 U.S.C. 3616a) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘and’’ at
the end;
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(3) education, outreach, counseling, and as-
sistance programs designed to inform covered fami-
lies (as such term is defined in section 9 of the Liv-
ing Equitably: Grandparents Aiding Children and
Youth Act) of affordable housing opportunities and
services and to assist in obtaining such opportunities
and services.’’; and
(2) in subsection (d), by adding at the end the
following new paragraph:
‘‘(4) HOUSING PROGRAMS FOR GRANDPARENT-
HEADED
AND
RELATIVE-HEADED
FAMILIES.—The
Secretary shall provide funding to State and local
governments and public and nonprofit organizations
and institutions to carry out the activities under
subsection (a)(3).’’.
SEC. 7. TRAINING FOR HUD PERSONNEL REGARDING
GRANDPARENT-HEADED 
AND 
RELATIVE-
HEADED FAMILIES ISSUES.
Section 7 of the Department of Housing and Urban
Development Act (42 U.S.C. 3535) is amended by adding
at the end the following new subsection:
‘‘(t) TRAINING REGARDING ISSUES RELATING TO
GRANDPARENT-HEADED AND RELATIVE-HEADED FAMI-
LIES.—The Secretary shall ensure that all personnel em-
ployed in field offices of the Department who have respon-
sibilities for administering the program under section 8
of the United States Housing Act of 1937 or under section
202 of the Housing Act of 1959, and an appropriate num-
ber of personnel in the headquarters office of the Depart-
ment who have responsibilities for such programs, have
received adequate training regarding the particular needs
and problems of covered families (as such term is defined
in section 9 of the Living Equitably: Grandparents Aiding
Children and Youth Act), including appropriate affordable
housing opportunities and legal custody issues.’’.
SEC. 8. STUDY OF HOUSING NEEDS OF GRANDPARENT-
HEADED AND RELATIVE-HEADED FAMILIES.
(a) IN GENERAL.—The Secretary of Housing and
Urban Development and the Bureau of the Census shall
jointly conduct a study to determine an estimate of the
number of covered families in the United States and their
affordable housing needs and shall submit a report to the
Congress regarding the results of the study.
(b) REPORT AND RECOMMENDATIONS.—The report
required under subsection (a) shall be submitted to the
Congress not later than 12 months after the date of the
enactment of this Act. The report shall include rec-
ommendations by the Secretary of Housing and Urban
Development regarding how the major assisted housing
programs of the Department of Housing and Urban De-
velopment (including the rental assistance and public
housing programs under the United States Housing Act
of 1937 and the supportive housing for the elderly pro-
gram under section 202 of the Housing Act of 1959) can
be used and, if appropriate, amended or altered, to meet
the affordable housing needs of covered families.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual who—
(A) is not attending school and is not more
than 18 years of age; or
(B) is attending school and is not more
than 19 years of age.
(2) COVERED
FAMILY.—The term ‘‘covered
family’’ means a family that—
(A) includes a child; and
(B) has a head of household who is—
(i) a grandparent of the child who is
raising the child; or
(ii) a relative of the child who is rais-
ing the child.
(3) GRANDPARENT.—The term ‘‘grandparent’’
means, with respect to a child, an individual who is
a grandparent or stepgrandparent of the child by
blood or marriage, regardless of the age of such in-
dividual. In the case of a child who was adopted, the
term includes an individual who, by blood or mar-
riage, is a grandparent or stepgrandparent of the
child as adopted.
(4) QUALIFIED
DWELLING
UNIT.—The term
‘‘qualified dwelling unit’’ means a dwelling unit
that—
(A) has at least 2 separate bedrooms;
(B) is equipped with design features ap-
propriate to meet the special physical needs of
elderly persons, as needed; and
(C) is equipped with design features appro-
priate to meet the special physical needs of
young children.
(5) RAISING A CHILD.—The term ‘‘raising a
child’’ means, with respect to an individual, that the
individual—
(A) resides with the child; and
(B) is the primary caregiver for the
child—
(i) because the biological or adoptive
parents of the child do not reside with the
child or are unable or unwilling to serve as
the primary caregiver for the child; and
(ii) regardless of whether the indi-
vidual has a legal relationship to the child
(such as guardianship or legal custody) or
is caring for the child informally and has
no such legal relationship with the child.
(6) RELATIVE.—The term ‘‘relative’’ means,
with respect to a child, an individual who—
(A) is not a parent of the child by blood
or marriage; and
(B) is a relative of the child by blood or
marriage, regardless of the age of the indi-
vidual.
In the case of a child who was adopted, the term in-
cludes an individual who, by blood or marriage, is a
relative of the family who adopted the child.
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