- § 13661. Screening of applicants for federally assisted housing
- § 13662. Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing
- § 13663. Ineligibility of dangerous sex offenders for admission to public housing
- § 13664. Definitions
§ 13661. Screening of applicants for federally assisted housing
(a) Ineligibility because of eviction for drug crimes
(b) Ineligibility of illegal drug users and alcohol abusers
(1) In general
Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to federally assisted housing for any household with a member—
(A) who the public housing agency or owner determines is illegally using a controlled substance; or
(B) with respect to whom the public housing agency or owner determines that it has reasonable cause to believe that such household member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or pattern of abuse) of alcohol, may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
(2) Consideration of rehabilitation
In determining whether, pursuant to paragraph (1)(B), to deny admission to the program or federally assisted housing to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member—
(A) has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable);
(B) has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable); or
(C) is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
(c) Authority to deny admission to criminal offenders
Except as provided in subsections (a) and (b) of this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to the program or to federally assisted housing, if the public housing agency or owner of such housing (as applicable) determines that an applicant or any member of the applicant’s household is or was, during a reasonable time preceding the date when the applicant household would otherwise be selected for admission, engaged in any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees, the public housing agency or owner may—
(1) deny such applicant admission to the program or to federally assisted housing; and
(2) after the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or to federally assisted housing, to submit to the public housing agency or owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant’s household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such reasonable period.
(Pub. L. 105–276, title V, § 576, Oct. 21, 1998, 112 Stat. 2639.)
§ 13662. Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing
(a) In general
Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing (as applicable), shall establish standards or lease provisions for continued assistance or occupancy in federally assisted housing that allow the agency or owner (as applicable) to terminate the tenancy or assistance for any household with a member—
(1) who the public housing agency or owner determines is illegally using a controlled substance; or
(2) whose illegal use (or pattern of illegal use) of a controlled substance, or whose abuse (or pattern of abuse) of alcohol, is determined by the public housing agency or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
(b) Consideration of rehabilitation
In determining whether, pursuant to subsection (a)(2), to terminate tenancy or assistance to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member—
(1) has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable);
(2) has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable); or
(3) is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
(Pub. L. 105–276, title V, § 577, Oct. 21, 1998, 112 Stat. 2640.)
§ 13663. Ineligibility of dangerous sex offenders for admission to public housing
(a) In general
(b) Obtaining information
As provided in regulations issued by the Secretary to carry out this section—
(1) a public housing agency shall carry out criminal history background checks on applicants for federally assisted housing and make further inquiry with State and local agencies as necessary to determine whether an applicant for federally assisted housing is subject to a lifetime registration requirement under a State sex offender registration program; and
(2) State and local agencies responsible for the collection or maintenance of criminal history record information or information on persons required to register as sex offenders shall comply with requests of public housing agencies for information pursuant to this section.
(c) Requests by owners for PHAs to obtain information
(d) Opportunity to dispute
(e) Fee
(f) Records management
Each public housing agency shall establish and implement a system of records management that ensures that any criminal record or information regarding a lifetime registration requirement under a State sex offender registration program that is obtained under this section by the public housing agency is—
(1) maintained confidentially;
(2) not misused or improperly disseminated; and
(3) destroyed, once the purpose for which the record was requested has been accomplished.
(Pub. L. 105–276, title V, § 578, Oct. 21, 1998, 112 Stat. 2641.)
§ 13664. Definitions
(a)1
1 So in original. No subsec. (b) has been enacted.
DefinitionsFor purposes of this subchapter, the following definitions shall apply:
(1) Drug-related criminal activity
(2) Federally assisted housing
The term “federally assisted housing” means a dwelling unit—
(A) in public housing (as such term is defined in section 1437a(b) of this title);
(B) assisted with tenant-based assistance under section 1437f of this title;
(C) in housing that is provided project-based assistance under section 1437f of this title, including new construction and substantial rehabilitation projects;
(D) in housing that is assisted under section 1701q of title 12 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act);
(E) in housing that is assisted under
(F) in housing that is assisted under section 8013 of this title;
(G) in housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;
(H) in housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z–1 of title 12; or
(I) in housing assisted under section 1484 or 1485 of this title.
(3) Owner
(Pub. L. 105–276, title V, § 579, Oct. 21, 1998, 112 Stat. 2642.)