Title 42, The Public Health and WelfareRelease 119-110

§13612 Reservation of Units for Disabled Families

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

Last updated Sep 22, 2026|Official source

Summary

If an owner gives preference to elderly families under section 13611, the owner must set aside units for disabled families who are not elderly or near-elderly and who have applied to live there, unless sections 13613, 13614, and 13615 say otherwise. The number set aside must be at least the smaller of: the higher of the two percentages of units occupied by such disabled families on October 28, 1992 or January 1, 1992; or 10 percent of the project’s units.

Full Legal Text

Title 42, §13612

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

(a)Requirement

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)Number of units

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)

(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

Sep 22, 2026

Release point: 119-110