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2026-07-06 10:51:44 -04:00

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---
type: "LegalText"
title: "42 U.S.C. § 13613"
description: "Secondary preferences"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "135"
chapter_name: "RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING"
section: "13613"
citation: "42 U.S.C. § 13613"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s13613"
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
source_hash: "9d4bcfd09289964282e892275c7afd1bd200ab0f013730f006cd4f8aed5b9c16"
raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
text_hash: "7028e953534265cf548ee28334a168a111b07bf3b31c97e576f688ad2144671f"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 42 U.S.C. § 13613 - Secondary preferences
## Text
(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 families who have applied for occupancy in the housing to fill all the units in the project not reserved under section 13612 of this title, 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 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 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 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. 102550, title VI, § 653, Oct. 28, 1992, 106 Stat. 3824.)
## Notes
Editorial Notes
References in TextCovered section 8 housing, referred to in text, is defined in section 13619 of this title.