42 U.S.C. § 13611 — Authority

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