42 U.S.C. § 1404a
Secretary of Housing and Urban Development; right to sue; expenses (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
The Secretary of Housing and Urban Development may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [ et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved , as amended [ et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency administering a low-rent housing project assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved , shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude amounts or portions thereof paid by the United States Government for disability or death occurring in connection with military service.
Under 42 U.S.C. § 1404a, the Secretary of Housing and Urban Development can be a party in lawsuits, but only in connection with specific housing functions tied to the United States Housing Act of 1937 and related public laws. The provision also preserves the right of HUD and state or local public housing agencies to pursue eviction proceedings where those actions are permitted under the governing statutes or regulations. Additionally, when calculating a tenant's net income for eligibility purposes in low-rent housing programs, certain federal disability or death payments related to military service may be excluded if HUD determines that exclusion is equitable and in the public interest.
Plain English — not legal advice.
State and local public housing agencies administering low-rent projects assisted under the programs referenced in 42 U.S.C. § 1404a generally retain the authority to initiate possession or eviction proceedings, provided those actions are authorized by the applicable statute or regulations governing the housing program. Compliant operators typically ensure that any such action is grounded in the specific regulatory framework under which the housing accommodations are administered, rather than relying on general landlord-tenant law alone. Agencies also generally apply HUD's income-exclusion guidance when determining tenant eligibility, particularly where residents receive federal military-related disability or death benefits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 42 U.S.C. § 1404a, tenants in HUD-assisted or locally administered low-rent housing projects have the protection that any eviction or possession action brought against them must be authorized by the specific statute or regulations governing that housing program. If you receive federal payments for a disability or death connected to military service, this provision allows HUD to exclude some or all of those amounts when calculating your net income for eligibility purposes, which could affect your continued qualification for the program. Tenants who believe a possession action or an income calculation does not comply with the requirements of § 1404a may wish to consult a tenant-rights organization or legal aid office familiar with federal public housing regulations to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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