42 U.S.C. § 13612

Reservation of units for disabled families

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(a) Requirement

Notwithstanding any other provision of law, for any project for which an owner gives preference 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 determined under subsection (b).

(b) Number of unitsEach 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.)

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Capitol Park Ltd. Dividend Hous. Ass'n v. Jackson, 202 F. App'x 873 (6th Cir. 2006).

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Capitol Park Ltd. Dividend Hous. Ass'n v. Jackson, 202 F. App'x 873 (6th Cir. 2006). “§ 3601 (2000); the Housing and Community Development Act of 1992, 42 U.S.C. § 13612 (2000); the Rehabilitation Act, 29 U.”

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