---
kind: "section"
citation: "42 U.S.C. § 13612"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13612"
heading: "Reservation of units for disabled families"
release: "119-102"
url: "https://uscodex.org/usc/42/13612"
units:
  - "Chapter 135 — Residency and Service Requirements in Federally Assisted Housing"
  - "Subchapter II — Authority to Provide Preferences for Elderly Residents and Units for Disabled Residents in Certain Section 8 Assisted Housing"
---

# §13612. Reservation of units for disabled families

- (a) **Requirement—** Notwithstanding any other provision of law, for any [project](/usc/42/11360.md?p=20) for which an [owner](/usc/42/13641.md?p=4) gives preference in occupancy to [elderly families](/usc/42/13641.md?p=1) pursuant to [section 13611 of this title](/usc/42/13611.md), such [owner](/usc/42/13641.md?p=4) shall (subject to sections [13613](/usc/42/13613.md), [13614](/usc/42/13614.md), and [13615](/usc/42/13615.md) of this title) reserve [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) for occupancy only by [disabled families](/usc/42/13641.md?p=1) who are not elderly or [near-elderly families](/usc/42/13641.md?p=1) (and who have applied for occupancy in the [housing](/usc/42/1490p–2.md?p=r-3)) in the number determined under [subsection (b)](#b).
- (b) **Number of units—** Each [owner](/usc/42/13641.md?p=4) required to reserve [units](/usc/42/1395w–114b.md?p=g-2) in a [project](/usc/42/11360.md?p=20) for occupancy under [subsection (a)](#a) shall reserve a number of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) that is not less than the lesser of—
  - (1) the number of [units](/usc/42/1395w–114b.md?p=g-2) equivalent to the higher of—
    - (A) the percentage of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) that were occupied by such [disabled families](/usc/42/13641.md?p=1) upon October 28, 1992; or
    - (B) the percentage of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20) that were occupied by such [families](/usc/42/12704.md?p=11) upon January 1, 1992; or
  - (2) 10 percent of the number of [units](/usc/42/1395w–114b.md?p=g-2) in the [project](/usc/42/11360.md?p=20).

## Source credit

(Pub. L. 102–550, title VI, § 652, Oct. 28, 1992, 106 Stat. 3823.)