42 U.S.C. § 13614 — General availability of units

Page 8607 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13614 § 13604. Assisted applications (a) Authority The Secretary shall provide that any indi- vidual or family applying for occupancy in fed- erally assisted housing may include in the appli- cation for the housing the name, address, phone number, and other relevant information of a family member, friend, or social, health, advo- cacy, or other organization, and that the owner shall treat such information as confidential. (b) Maintenance of information The Secretary shall require the owner of any federally assisted housing receiving an applica- tion including such information to maintain such information for any applicants who become tenants of the housing, for the purposes of facili- tating contact by the owner with such person or organization to assist in providing any services or special care for the tenant and assist in re- solving any relevant tenancy issues arising dur- ing the tenancy of such tenant. (c) Limitations An owner of federally assisted housing may not require any individual or family applying for occupancy in the housing to provide the in- formation described in subsection (a). (Pub. L. 102–550, title VI, § 644, Oct. 28, 1992, 106 Stat. 3823.) SUBCHAPTER II—AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY RESI- DENTS AND UNITS FOR DISABLED RESI- DENTS IN CERTAIN SECTION 8 ASSISTED HOUSING § 13611. Authority Notwithstanding any other provision of law, an owner of a covered section 8 housing project (as such term is defined in section 13619 of this title) designed primarily for occupancy by elder- ly families may, in selecting tenants for units in the project that become available for occupancy, give preference to elderly families who have ap- plied for occupancy in the housing, subject to the requirements of this subchapter. (Pub. L. 102–550, title VI, § 651, Oct. 28, 1992, 106 Stat. 3823.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D of title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3823, which en- acted this subchapter and amended section 1437f of this title. § 13612. Reservation of units for disabled families (a) Requirement Notwithstanding any other provision of law, for any project for which an owner gives pref- erence in occupancy to elderly families pursuant to section 13611 of this title, 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 deter- mined 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. (Pub. L. 102–550, title VI, § 652, Oct. 28, 1992, 106 Stat. 3823.) § 13613. Secondary preferences (a) Insufficient elderly families If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to section 13611 of this title determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of elderly fami- lies who have applied for occupancy in the hous- ing to fill all the units in the project not re- served under section 13612 of this title, the owner may give preference for occupancy of such units to disabled families who are near-el- derly families and have applied for occupancy in the housing. (b) Insufficient non-elderly disabled families If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to section 13611 of this title determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of disabled fami- lies 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 section 13612 of this title, 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. (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 de- fined in section 13619 of this title. § 13614. General availability of units If an owner of a covered section 8 housing project in which disabled families who are near- elderly families are given a preference for occu- pancy pursuant to subsection (a) or (b) of sec- tion 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 oc- cupancy by families who have applied, and are 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- stituted ‘‘any preferences’’ for ‘‘the preferences for oc- cupancy 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 according to such pref- erences, and to near-elderly families according to such preferences, respectively’’. See Effective and Termi- nation Dates of 1996 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT Amendment by Pub. L. 104–99 effective Jan. 26, 1996, only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see section 402(f) of Pub. L. 104–99, as amended, and section 514(f) of Pub. L. 105–276, set out as notes under section 1437a of this title. § 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 or any preference for occupancy established pursuant to this sub- chapter, 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. (Pub. L. 102–550, title VI, § 656, 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. § 13617. Treatment of covered section 8 housing not subject to elderly preference If an owner of any covered section 8 housing project designed primarily for occupancy by el- derly families does not give preference in occu- pancy to elderly families as authorized in this subchapter, then elderly families (as such term was defined in section 1437a of this title before October 28, 1992) shall be eligible for occupancy in such housing to the same extent that such families were eligible before October 28, 1992. (Pub. L. 102–550, title VI, § 657, Oct. 28, 1992, 106 Stat. 3825.) Editorial Notes REFERENCES IN TEXT Covered section 8 housing, referred to in text, is de- fined in section 13619 of this title. § 13618. Treatment of other federally assisted housing (a) Restricted occupancy An owner of any federally assisted project (or portion of a project) as described in subpara- graphs (D), (E), and (F) of section 13641(2) of this title that was designed for occupancy by elderly families may continue to restrict occupancy in such project (or portion) to elderly families in accordance with the rules, standards, and agree- ments governing occupancy in such housing in effect at the time of the development of the housing. (b) Prohibition of evictions Any tenant who is lawfully residing in a dwell- ing unit in a housing project described in sub- section (a) may not be evicted or otherwise re- quired to vacate such unit because of any res- ervation or preferences under this subchapter or because of any action taken by the Secretary of Housing and Urban Development or the owner of the project pursuant to this subchapter. (Pub. L. 102–550, title VI, § 658, Oct. 28, 1992, 106 Stat. 3825.) § 13619. ‘‘Covered section 8 housing’’ defined For purposes of this subchapter, the term ‘‘covered section 8 housing’’ means housing de- scribed in section 13641(2)(G) of this title that was originally designed for occupancy by elderly families. (Pub. L. 102–550, title VI, § 659, Oct. 28, 1992, 106 Stat. 3825.) § 13620. Study The Secretary of Housing and Urban Develop- ment shall conduct a study to determine the ex- tent to which Federal housing programs serve elderly families, disabled families, and families