Title 42 — The Public Health and WelfareRelease 119-73not60

§13613 Secondary Preferences

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 › § 13613

Last updated Apr 5, 2026|Official source

Summary

Owners of Section 8 projects that give elderly applicants priority may, under the Secretary's rules, give empty non-reserved units to disabled, near-elderly applicants if not enough elderly people apply. If units set aside for disabled people can't be filled by non-elderly disabled applicants, those reserved units may also go to disabled, near-elderly applicants.

Full Legal Text

Title 42, §13613

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

(a)If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to section 13611 of this title determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of elderly families who have applied for occupancy in the housing to fill all the units in the project not reserved under section 13612 of this title, the owner may give preference for occupancy of such units to disabled families who are near-elderly families and have applied for occupancy in the housing.

(b)If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to section 13611 of this title determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of disabled families who are not elderly or near-elderly families and have applied for occupancy in the housing to fill all the units in the project reserved under section 13612 of this title, the owner may give preference for occupancy of units so reserved to disabled families who are near-elderly families and have applied for occupancy in the housing.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Covered section 8 housing, referred to in text, is defined in section 13619 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13613

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60