Page:United States Statutes at Large Volume 106 Part 5.djvu/186

 106 STAT. 3824 PUBLIC LAW 102-550—OCT. 28, 1992 (A) the percentage of units in the project that were occupied by such disabled families upon the date of the enactment of this Act; 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. 42 USC 13613. SEC. 663. 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 651 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 652, 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 651 determines (in accordance with regulations established by the Secretary) that there are insufiicient 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 652, the owner may ^ve preference for occupancy of units so reserved to disabled families wno are near-elderly families and have applied for occupancy in the housing. 42 USC 13614. SEC. 654. 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 pref- erence for occupancy pursuant to subsection (a) or (b) of section 653 determines (in accordance with regulations established by the Secretary) that there are an insufficient number of such families to fill aJl the units in the project for which the preference is applicable, the owner shall make such units generally available for occupancy by families who have applied, and are eligible, for occupancy in the housing, without regard to the preferences established pursuant to this subtitle. 42 USC 13615. SEC. 665. PREFERENCE WITHIN GROUPS. Among disabled families qualifying for occupancy in units reserved under section 652, and among elderly families and nearelderly families qualifying for preference for occupancy pursuant to section 651 or 653, preference for occupancy in units that are assisted under section 8 of the United States Housing Act of 1937 shall be given to disabled families according to the preferences for occupancy referred to in section 8(d)(l)(A)(i) of the United States Housing Act of 1937 and the first sentence of section 8(o)(3)(B) of such Act, to elderly families according to such preferences, and to near-elderly families according to such preferences, respectively. 42 USC 13616. SEC. 666. PROmBITION OF EVICTIONS. Any tenant who, except for reservation of a percentage of the units of a project pursuant to section 652 or any preference for occupancy established pursuant to this subtitle, 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

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