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42 U.S.C. § 13662 — Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing
Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13662
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Stable record: federal_law:legal_authorities:record_usc_86132de9289bec633e00e495
Source file: Laws/federal/codes/united-states-code/title-42/section-13662-termination-of-tenancy-and-assistance-for-illegal-drug-users-and-alcohol--430d704c76.md
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Source location: Title 42, Chapter 135, § 13662; chapter-135-residency-and-service-requirements-in-federally-assisted-housing.md
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**(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).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653.
Section 1401, acts Sept. 1, 1937, ch. 896, § 1, 50 Stat. 888; July 15, 1949, 338, title III, § 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86–372, title V, § 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90–448, title II, § 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91–609, title II, § 211, 84 Stat. 1779, set out declaration of policy. See [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim).
Section 1402, acts, Sept. 1, 1937, ch. 896, § 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, §§ 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, § 1, 65 Stat. 647; June 30, 1953, 170, § 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, § 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85–104, title III, § 307, title IV, § 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86–372, title V, §§ 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87–70, title II, § 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88–560, title II, § 203(d), title IV, § 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89–117, title I, §§ 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90–448, title II, § 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91–152, title II, § 213(a), title IV, § 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91–609, title II, § 208(a), title IX, § 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92–213, § 9, 85 Stat. 776, defined applicable terms. See [section 1437a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions; elevators** The Secretary may include in any contract for loans, contributions, sale, lease, mortgage, or any other agreement or instrument made pursuant to this chapter, such covenants, conditions, or provisions as he may deem necessary in order to insure the lower income character of the project involved, in a manner consistent with the public housing agency plan. Any such contract shall require that, except in the case of housing predominantly for elderly or disabled families, high-rise elevator projects shall not be provided for families with children unless the Secretary makes a determination that there is no practical alternative.
**(b) Limitation on development costs**
(1) Each contract for loans (other than preliminary loans) or contributions for the development, acquisition, or operation of public housing shall provide that the total development cost of the project on which the computation of any annual contributions under this chapter may be based may not exceed the amount determined under paragraph (2) (for the appropriate structure type) unless the Secretary provides otherwise, and in any case may not exceed 110 per centum of such amount unless the Secretary for good cause determines otherwise.
(2) For purposes of paragraph (1), the Secretary shall determine the total development cost by multiplying the construction cost guideline for the project (which shall be determined by averaging the current construction costs, as listed by not less than 2 nationally recognized residential construction cost indices, for publicly bid construction of a good and sound quality) by—
(A) in the case of elevator type structures, 1.6; and
(B) in the case of nonelevator type structures, 1.75.
(3) In calculating the total development cost of a project
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437y
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Federal law — U.S. Code and appendices · legal_authorities
Page 8612
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 13662
(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 feder-
ally assisted housing, as determined by the
Secretary, shall establish standards that pro-
hibit admission to the program or admission
to federally assisted housing for any house-
hold with a member—
(A) who the public housing agency or
owner determines is illegally using a con-
trolled substance; or
(B) with respect to whom the public hous-
ing agency or owner determines that it has
reasonable cause to believe that such house-
hold member’s illegal use (or pattern of ille-
gal use) of a controlled substance, or abuse
(or pattern of abuse) of alcohol, may inter-
fere with the health, safety, or right to
peaceful enjoyment of the premises by other
residents.
(2) Consideration of rehabilitation
In determining whether, pursuant to para-
graph (1)(B), to deny admission to the program
or federally assisted housing to any household
based on a pattern of illegal use of a con-
trolled substance or a pattern of abuse of alco-
hol by a household member, a public housing
agency or an owner may consider whether
such household member—
(A) has successfully completed a super-
vised 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 suc-
cessfully and is no longer engaging in the il-
legal use of a controlled substance or abuse
of alcohol (as applicable); or
(C) is participating in a supervised drug or
alcohol rehabilitation program (as applica-
ble) and is no longer engaging in the illegal
use o
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 13662
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