---
kind: "range"
citation: "42 U.S.C. §§ 13611–13620"
title: "42"
from: "13611"
to: "13620"
count: 10
release: "119-102"
url: "https://uscodex.org/usc/42/13611..13620"
---

# §13611. Authority


Notwithstanding any other provision of law, an [owner](/usc/42/13641.md?p=4) of a covered section 8 housing [project](/usc/42/11360.md?p=20) (as such term is defined in [section 13619 of this title](/usc/42/13619.md)) designed primarily for occupancy by [elderly families](/usc/42/13641.md?p=1) may, in selecting tenants for [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) that become available for occupancy, give preference to [elderly families](/usc/42/13641.md?p=1) who have applied for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3), subject to the requirements of this subchapter.


# §13612. Reservation of units for disabled families

- (a) **Requirement—** Notwithstanding any other provision of law, for any [project](/usc/42/11360.md?p=20) for which an [owner](/usc/42/13641.md?p=4) gives preference in occupancy to [elderly families](/usc/42/13641.md?p=1) pursuant to [section 13611 of this title](/usc/42/13611.md), such [owner](/usc/42/13641.md?p=4) shall (subject to sections [13613](/usc/42/13613.md), [13614](/usc/42/13614.md), and [13615](/usc/42/13615.md) of this title) reserve [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) for occupancy only by [disabled families](/usc/42/13641.md?p=1) who are not elderly or [near-elderly families](/usc/42/13641.md?p=1) (and who have applied for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3)) in the number determined under [subsection (b)](#b).
- (b) **Number of units—** Each [owner](/usc/42/13641.md?p=4) required to reserve [units](/usc/42/1395w–114b.md?p=g-2) in a [project](/usc/42/11360.md?p=20) for occupancy under [subsection (a)](#a) shall reserve a number of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) that is not less than the lesser of—
  - (1) the number of [units](/usc/42/1395w–114b.md?p=g-2) equivalent to the higher of—
    - (A) the percentage of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) that were occupied by such [disabled families](/usc/42/13641.md?p=1) upon October 28, 1992; or
    - (B) the percentage of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) that were occupied by such [families](/usc/42/12704.md?p=11) upon January 1, 1992; or
  - (2) 10 percent of the number of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20).

# §13613. Secondary preferences

- (a) **Insufficient elderly families—** If an [owner](/usc/42/13641.md?p=4) of a covered section 8 housing [project](/usc/42/11360.md?p=20) in which [elderly families](/usc/42/13641.md?p=1) are given a preference for occupancy pursuant to [section 13611 of this title](/usc/42/13611.md) determines (in accordance with regulations established by the [Secretary](/usc/42/242q–4.md?p=2)) that there are insufficient numbers of [elderly families](/usc/42/13641.md?p=1) who have applied for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3) to fill all the [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) not reserved under [section 13612 of this title](/usc/42/13612.md), the [owner](/usc/42/13641.md?p=4) may give preference for occupancy of such [units](/usc/42/1395w–114b.md?p=g-2) to [disabled families](/usc/42/13641.md?p=1) who are [near-elderly families](/usc/42/13641.md?p=1) and have applied for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3).
- (b) **Insufficient non-elderly disabled families—** If an [owner](/usc/42/13641.md?p=4) of a covered section 8 housing [project](/usc/42/11360.md?p=20) in which [elderly families](/usc/42/13641.md?p=1) are given a preference for occupancy pursuant to [section 13611 of this title](/usc/42/13611.md) determines (in accordance with regulations established by the [Secretary](/usc/42/242q–4.md?p=2)) that there are insufficient numbers of [disabled families](/usc/42/13641.md?p=1) who are not elderly or [near-elderly families](/usc/42/13641.md?p=1) and have applied for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3) to fill all the [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) reserved under [section 13612 of this title](/usc/42/13612.md), the [owner](/usc/42/13641.md?p=4) may give preference for occupancy of [units](/usc/42/1395w–114b.md?p=g-2) so reserved to [disabled families](/usc/42/13641.md?p=1) who are [near-elderly families](/usc/42/13641.md?p=1) and have applied for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3).

# §13614. General availability of units


If an [owner](/usc/42/13641.md?p=4) of a covered section 8 housing [project](/usc/42/11360.md?p=20) in which [disabled families](/usc/42/13641.md?p=1) who are [near-elderly families](/usc/42/13641.md?p=1) are given a preference for occupancy pursuant to subsection (a) or (b) of [section 13613 of this title](/usc/42/13613.md) determines (in accordance with regulations established by the [Secretary](/usc/42/242q–4.md?p=2)) that there are an insufficient number of such [families](/usc/42/12704.md?p=11) to fill all the [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) for which the preference is applicable, the [owner](/usc/42/13641.md?p=4) shall make such [units](/usc/42/1395w–114b.md?p=g-2) generally available for occupancy by [families](/usc/42/12704.md?p=11) who have applied, and are eligible, for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3), without regard to the preferences established pursuant to this subchapter.


# §13615. Preference within groups


Among [disabled families](/usc/42/13641.md?p=1) qualifying for occupancy in [units](/usc/42/1395w–114b.md?p=g-2) reserved under [section 13612 of this title](/usc/42/13612.md), and among [elderly families](/usc/42/13641.md?p=1) and [near-elderly families](/usc/42/13641.md?p=1) qualifying for preference for occupancy pursuant to section [13611](/usc/42/13611.md) or [13613](/usc/42/13613.md) of this title, preference for occupancy in [units](/usc/42/1395w–114b.md?p=g-2) that are assisted under [section 1437f of this title](/usc/42/1437f.md) shall be given to [disabled families](/usc/42/13641.md?p=1) according to any preferences established under any system established under [section 1437f(d)(1)(A) of this title](/usc/42/1437f.md?p=d-1-A) by the [public housing agency](/usc/42/8012.md?p=g-5).


# §13616. Prohibition of evictions


Any tenant who, except for reservation of a percentage of the [units](/usc/42/1395w–114b.md?p=g-2) of a [project](/usc/42/11360.md?p=20) pursuant to [section 13612 of this title](/usc/42/13612.md) or any preference for occupancy established pursuant to this subchapter, is lawfully residing in a dwelling [unit](/usc/42/1395w–114b.md?p=g-2) in a covered section 8 housing [project](/usc/42/11360.md?p=20), may not be evicted or otherwise required to vacate such [unit](/usc/42/1395w–114b.md?p=g-2) because of the reservation or preferences or because of any action taken by the [Secretary](/usc/42/242q–4.md?p=2) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development or the [owner](/usc/42/13641.md?p=4) of the [project](/usc/42/11360.md?p=20) pursuant to this subchapter.


# §13617. Treatment of covered section 8 housing not subject to elderly preference


If an [owner](/usc/42/13641.md?p=4) of any covered section 8 housing [project](/usc/42/11360.md?p=20) designed primarily for occupancy by [elderly families](/usc/42/13641.md?p=1) does not give preference in occupancy to [elderly families](/usc/42/13641.md?p=1) as authorized in this subchapter, then [elderly families](/usc/42/13641.md?p=1) (as such term was defined in [section 1437a of this title](/usc/42/1437a.md) before October 28, 1992) shall be eligible for occupancy in such [housing](/usc/42/1490p–2.md?p=r-3) to the same extent that such [families](/usc/42/12704.md?p=11) were eligible before October 28, 1992.


# §13618. Treatment of other federally assisted housing

- (a) **Restricted occupancy—** An [owner](/usc/42/13641.md?p=4) of any federally assisted [project](/usc/42/11360.md?p=20) (or portion of a [project](/usc/42/11360.md?p=20)) as described in subparagraphs (D), (E), and (F) of [section 13641(2) of this title](/usc/42/13641.md?p=2) that was designed for occupancy by [elderly families](/usc/42/13641.md?p=1) may continue to restrict occupancy in such [project](/usc/42/11360.md?p=20) (or portion) to [elderly families](/usc/42/13641.md?p=1) in accordance with the rules, [standards](/usc/42/1320d.md?p=7), and [agreements](/usc/42/1320b–8.md?p=a-3-A) governing occupancy in such [housing](/usc/42/1490p–2.md?p=r-3) in effect at the time of the development of the [housing](/usc/42/1490p–2.md?p=r-3).
- (b) **Prohibition of evictions—** Any tenant who is lawfully residing in a dwelling [unit](/usc/42/1395w–114b.md?p=g-2) in a [housing](/usc/42/1490p–2.md?p=r-3) [project](/usc/42/11360.md?p=20) described in [subsection (a)](#a) may not be evicted or otherwise required to vacate such [unit](/usc/42/1395w–114b.md?p=g-2) because of any reservation or preferences under this subchapter or because of any action taken by the [Secretary](/usc/42/242q–4.md?p=2) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development or the [owner](/usc/42/13641.md?p=4) of the [project](/usc/42/11360.md?p=20) pursuant to this subchapter.

# §13619. “Covered section 8 housing” defined


For purposes of this subchapter, the term “covered section 8 housing” means [housing](/usc/42/1490p–2.md?p=r-3) described in [section 13641(2)(G) of this title](/usc/42/13641.md?p=2-G) that was originally designed for occupancy by [elderly families](/usc/42/13641.md?p=1).


# §13620. Study


The [Secretary](/usc/42/242q–4.md?p=2) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development shall conduct a study to determine the extent to which Federal [housing](/usc/42/1490p–2.md?p=r-3) [programs](/usc/42/274l–1.md?p=4) serve [elderly families](/usc/42/13641.md?p=1), [disabled families](/usc/42/13641.md?p=1), and [families](/usc/42/12704.md?p=11) with [children](/usc/42/256e.md?p=g-2), in relation to the need of such [families](/usc/42/12704.md?p=11) who are eligible for assistance under such [programs](/usc/42/274l–1.md?p=4). The [Secretary](/usc/42/242q–4.md?p=2) shall submit a report to the Congress describing the study and the findings of the study not later than the expiration of the 1-year period beginning on October 28, 1992.