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42 U.S.C. § 13616 — Prohibition of evictions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13616 — Prohibition of evictions

Any tenant who, except for reservation of a percentage of the units of a project pursuant to [section 13612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13612&num=0&edition=prelim) or any preference for occupancy established pursuant to this subchapter, is lawfully residing in a dwelling unit in a covered section 8 housing project, may not be evicted or otherwise required to vacate such unit because of the reservation or preferences or because of any action taken by the Secretary of Housing and Urban Development or the owner of the project pursuant to this subchapter.

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Source location: Title 42, Chapter 135, § 13616; chapter-135-residency-and-service-requirements-in-federally-assisted-housing.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13619 — “Covered section 8 housing” defined

For purposes of this subchapter, the term “covered section 8 housing” means housing described in [section 13641(2)(G) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13641/2/G&num=0&edition=prelim) that was originally designed for occupancy by elderly families.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13612 — Reservation of units for disabled families

**(a) Requirement** Notwithstanding any other provision of law, for any project for which an owner gives preference in occupancy to elderly families pursuant to [section 13611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13611&num=0&edition=prelim), such owner shall (subject to sections 13613, 13614, and 13615 of this title) reserve units in the project for occupancy only by disabled families who are not elderly or near-elderly families (and who have applied for occupancy in the housing) in the number determined under subsection (b). **(b) Number of units** Each owner required to reserve units in a project for occupancy under subsection (a) shall reserve a number of units in the project that is not less than the lesser of— (1) the number of units equivalent to the higher of— (A) the percentage of units in the project that were occupied by such disabled families upon October 28, 1992; or (B) the percentage of units in the project that were occupied by such families upon January 1, 1992; or (2) 10 percent of the number of units in the project.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13616 — Prohibition of evictions

Page 8608 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13615 eligible, for occupancy in the housing, without regard to the preferences established pursuant to this subchapter. (Pub. L. 102–550, title VI, § 654, Oct. 28, 1992, 106 Stat. 3824.) Editorial Notes REFERENCES IN TEXT Covered section 8 housing, referred to in text, is de- fined in section 13619 of this title. § 13615. Preference within groups Among disabled families qualifying for occu- pancy in units reserved under section 13612 of this title, and among elderly families and near- elderly families qualifying for preference for oc- cupancy pursuant to section 13611 or 13613 of this title, preference for occupancy in units that are assisted under section 1437f of this title shall be given to disabled families according to any pref- erences established under any system estab- lished under section 1437f(d)(1)(A) of this title by the public housing agency. (Pub. L. 102–550, title VI, § 655, Oct. 28, 1992, 106 Stat. 3824; Pub. L. 104–99, title IV, § 402(d)(6)(C), Jan. 26, 1996, 110 Stat. 43; Pub. L. 105–276, title V, § 514(b)(2)(B), Oct. 21, 1998, 112 Stat. 2548.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–276 substituted ‘‘shall be given to disabled families according to any preferences estab- lished under any system established under section 1437f(d)(1)(A) of this title by the public housing agen- cy.’’ for ‘‘shall be given to disabled families according to the preferences for occupancy referred to in section 1437f(d)(1)(A)(i) of this title and the first sentence of section 1437f(o)(3)(B) of this title, to elderly families ac- cording to such preferences, and to near-elderly fami- lies according to such preferences, respectively.’’ 1996—Pub. L. 104–99, § 402(d)(6)(C), (f), temporarily sub- stit

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