According to the Art 100 definition,
It would be compliant to install a JB-secured- above or adjacent to an old work recessed light,in a residential setting.

I ask Because I don't like the idea.However, for this most recent Kitchen remodel that I am undertaking,It appears to be the best option in order to keep with in the owners budget.

This unit is an open concept 1970's home,with a 2nd floor added in the '90s.So you can imagine the switching scheme.
Service on the other end of the house.

With proper documentation located at the panel,would you think less of me for doing this?
Am I correct in my interpretation? code compliant?