Title 42 — The Public Health and WelfareRelease 119-73

§13612 Reservation of units for disabled families

Title 42 › Chapter CHAPTER 135— - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING › Subchapter SUBCHAPTER II— - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN CERTAIN SECTION 8 ASSISTED HOUSING › § 13612

Last updated Apr 6, 2026|Official source

Summary

If a housing owner gives priority to elderly families, the owner must set aside some apartments just for disabled families who are not elderly or near-elderly and who have applied to live there. The number set aside must be the smaller of these two amounts: the number based on the larger of the project’s percentages of such disabled families on October 28, 1992 or on January 1, 1992, or 10 percent of the project’s units. This rule is subject to the rules in sections 13613, 13614, and 13615.

Full Legal Text

Title 42, §13612

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, for any project for which an owner gives preference in occupancy to elderly families pursuant to section 13611 of this title, such owner shall (subject to section 13613, 13614, and 13615 of this title) reserve units in the project for occupancy only by disabled families who are not elderly or near-elderly families (and who have applied for occupancy in the housing) in the number determined under subsection (b).

(b)Each owner required to reserve units in a project for occupancy under subsection (a) shall reserve a number of units in the project that is not less than the lesser of—

(1)the number of units equivalent to the higher of—

(A)the percentage of units in the project that were occupied by such disabled families upon October 28, 1992; or

(B)the percentage of units in the project that were occupied by such families upon January 1, 1992; or

(2)10 percent of the number of units in the project.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13612

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73