Summary: The Housing and Community Development Act of 1992 allows the owners of federally assisted housing projects to establish occupancy policies that favor elderly tenants over nonelderly tenants with disabilities. These owners are not required to obtain approval from the Department of Housing and Urban Development (HUD) before imposing such a restriction, nor to notify HUD once the restrictions occurs. As a result, little information is available on the law's effect. However, concerns have been raised that the law may make it harder for nonelderly persons with disabilities to obtain affordable housing. Since fiscal year 1997, Congress has appropriated funds for new Section 8 rental housing certificates and vouchers for the exclusive use of nonelderly persons with disabilities. This report discusses (1) the extent to which the occupancy policies of eligible projects restrict occupancy to the elderly and the portion of units in eligible projects actually occupied by nonelderly persons with disabilities and (2) the use of Section 8 certificates and vouchers to help nonelderly persons with disabilities affected by the act.
