Title 42, The Public Health and WelfareRelease 119-102

§13614 General Availability of Units

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 › § 13614

Last updated Aug 21, 2026|Official source

Summary

If the owner of a Section 8 housing project that gives a preference to disabled or near-elderly families, following rules set by the Secretary, finds there are not enough of those preferred families to fill the units, the owner must stop holding those units for only preferred applicants. The owner must make the units available to any families who have applied and are eligible, without using the preference.

Full Legal Text

Title 42, §13614

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

If an owner of a covered section 8 housing project in which disabled families who are near-elderly families are given a preference for occupancy pursuant to subsection (a) or (b) of section 13613 of this title determines (in accordance with regulations established by the Secretary) that there are an insufficient number of such families to fill all the units in the project for which the preference is applicable, the owner shall make such units generally available for occupancy by families who have applied, and are eligible, for occupancy in the housing, without regard to the preferences established pursuant to this subchapter.

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. § 13614

Title 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102