Page:United States Statutes at Large Volume 106 Part 5.djvu/175

 PUBLIC LAW 102-550 —OCT. 28, 1992 106 STAT. 3813 ing from the etiologic agent for acquired immunodeficiency sjnidrome. "(F) DISPLACED PERSON. — The term 'displaced person' means a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. "(G) NEAR-ELDERLY PERSON.— The term *near-elderly person' means a person who is at least 50 years of age but below the age of 62.". SEC. 622. AUTHORITY. (a) IN GENERAL. —Section 7 of the United States Housing Act of 1937 (42 U.S.C. 1437e) is amended to read as follows: "DESIGNATED HOUSING "SEC. 7. (a) AUTHORITY TO PROVIDE DESIGNATED HOUSING. — "(1) IN GENERAL. — Notwithstanding any other provision of law, a public housing agency whose allocation plan under subsection (f) (and any biannual update) has been approved by the Secretary may, to the extent provided in the allocation plan, provide public housing projects (or portions of projects) designated for occupancy by (A) only elderly families, (B) only disabled families (subject to the provisions of subsection (e)), or (C) elderly and disabled families. "(2) PRIORITY FOR OCCUPANCY. — In determining priority for admission to public housing projects (or portions of projects) that are designated for occupancy as provided in paragraph (1), the public housing agency may make units in such projects (or portions) available only to the types of families for whom the project is designated. Among such types of families, pref- erence for occupancy in such projects (or portions) shall be given according to the preferences for occupancy under section 6(c)(4)(A). "(3) ELIGIBILITY OF NEAR-ELDERLY FAMILIES.—I f a public housing agency determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of elderly families to fill all the units in a project (or portion of a project) designated under paragraph (1) for occupancy by only elderly families, the agency may (pursuant to the approved allocation plan under subsection (f) for the agency) provide that near-elderly families who qualify for preferences for occupancy under section 6(c)(4)(A) may occupy dwelling units in the project (or portion). "(4) VACANCY.— Notwithstanding the authority under paragraphs (1) and (2) to designate public housing projects (or portions of projects) for occupancy by only certain types of families, a public housing agency shall make any dwelling unit that is ready for occupancy in such a project (or portion of a project) that has been vacant for more than 60 consecutive days generally available for occupancy (subject to the requirements of this title) without regard to such designation. "(b) AVAILABILITY OF HOUSING. — "(1) TENANT CHOICE. — The decision of any disabled family not to occupy or accept occupancy in an appropriate type of project or assistance made available to the family under this title shall not adversely affect the family with respect to a

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