Title 42, The Public Health and WelfareRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Owners of certain Section 8 housing projects that give elderly people priority may, if they follow the Secretary’s rules and find there are not enough elderly applicants to fill the units that are not set aside, give priority instead to disabled, near‑elderly applicants. If there are not enough non‑elderly disabled applicants to fill the units that were set aside for them, the owner may also give those set‑aside units to disabled, near‑elderly applicants.

Full Legal Text

Title 42, §13613

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

(a)Insufficient elderly families

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)Insufficient non-elderly disabled families

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

Sep 22, 2026

Release point: 119-110