42 USC § 13613 - Secondary preferences

---
identifier: "/us/usc/t42/s13613"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 13613 - Secondary preferences"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "13613"
section_name: "Secondary preferences"
chapter_number: 135
chapter_name: "RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING"
subchapter_number: "II"
subchapter_name: "AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN CERTAIN SECTION 8 ASSISTED HOUSING"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 102–550, title VI, § 653, Oct. 28, 1992, 106 Stat. 3824.)"
---


# § 13613. Secondary preferences

**(a)** **Insufficient elderly families** section 13611 of this titlesection 13612 of this title

If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to  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 , 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** section 13611 of this titlesection 13612 of this title

If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to  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 , 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.

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

## Editorial Notes

### References in Text

Covered section 8 housing, referred to in text, is defined in .