---
kind: "section"
citation: "42 U.S.C. § 13613"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13613"
heading: "Secondary preferences"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13613"
units:
  - "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. Secondary preferences

- (a) **Insufficient elderly families—** If an [owner](/usc/42/13664.md?p=a-3) of a covered section 8 housing [project](/usc/42/13641.md?p=2) 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 to fill all the units in the [project](/usc/42/13641.md?p=2) not reserved under [section 13612 of this title](/usc/42/13612.md), the [owner](/usc/42/13664.md?p=a-3) may give preference for occupancy of such units 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.
- (b) **Insufficient non-elderly disabled families—** If an [owner](/usc/42/13664.md?p=a-3) of a covered section 8 housing [project](/usc/42/13641.md?p=2) 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 to fill all the units in the [project](/usc/42/13641.md?p=2) reserved under [section 13612 of this title](/usc/42/13612.md), the [owner](/usc/42/13664.md?p=a-3) may give preference for occupancy of units 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.

## Source credit

(Pub. L. 102–550, title VI, § 653, Oct. 28, 1992, 106 Stat. 3824.)

## Notes

### Editorial Notes

### References in Text

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