42 U.S.C. § 13662 — Termination of tenancy and assistance

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 of a controlled substance or abuse of al- cohol (as applicable). (c) Authority to deny admission to criminal of- fenders Except as provided in subsections (a) and (b) of this section and in addition to any other author- ity to screen applicants, in selecting among ap- plicants for admission to the program or to fed- erally 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 ap- plicant household would otherwise be selected for admission, engaged in any drug-related or violent criminal activity or other criminal ac- tivity 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 pro- gram or to federally assisted housing; and (2) after the expiration of the reasonable pe- riod 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 indi- vidual or individuals in the applicant’s house- hold who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity dur- ing such reasonable period. (Pub. L. 105–276, title V, § 576, Oct. 21, 1998, 112 Stat. 2639.) Editorial Notes CODIFICATION Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which com- prise this chapter. Section is comprised of section 576 of Pub. L. 105–276. Subsec. (d) of section 576 of Pub. L. 105–276 amended sections 1437d and 1437n of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title. § 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 as- sistance or occupancy in federally assisted hous- ing that allow the agency or owner (as applica- ble) 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 sub- stance; 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 sub- section (a)(2), to terminate tenancy or assist- ance to any household based on a pattern of ille- gal use of a controlled substance or a pattern of abuse of alcohol by a household member, a pub- lic housing agency or an owner may consider whether such household member— (1) has successfully completed a supervised drug or alcohol rehabilitation program (as ap- plicable) and is no longer engaging in the ille- gal use of a controlled substance or abuse of alcohol (as applicable); (2) has otherwise been rehabilitated success- fully and is no longer engaging in the illegal Page 8613 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13664 1 So in original. No subsec. (b) has been enacted. use of a controlled substance or abuse of alco- hol (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.) Editorial Notes CODIFICATION Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which com- prise this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title. § 13663. Ineligibility of dangerous sex offenders for admission to public housing (a) In general Notwithstanding any other provision of law, an owner of federally assisted housing shall pro- hibit admission to such housing for any house- hold that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program. (b) Obtaining information As provided in regulations issued by the Sec- retary to carry out this section— (1) a public housing agency shall carry out criminal history background checks on appli- cants for federally assisted housing and make further inquiry with State and local agencies as necessary to determine whether an appli- cant 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 his- tory record information or information on per- sons required to register as sex offenders shall comply with requests of public housing agen- cies for information pursuant to this section. (c) Requests by owners for PHAs to obtain infor- mation A public housing agency may take any action under subsection (b) regarding applicants for, or tenants of, federally assisted housing other than federally assisted housing described in subpara- graph (A) or (B) of section 13664(a)(2) of this title, but only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency take such action on behalf of the owner. Upon such a request by the owner, the agency shall take the action requested under subsection (b). The agen- cy may not make any information obtained pur- suant to the action under subsection (b) avail- able to the owner but shall perform determina- tions for the owner regarding screening, lease enforcement, and eviction based on criteria sup- plied by the owner. (d) Opportunity to dispute Before an adverse action is taken with respect to an applicant for federally assisted housing on the basis that an individual is subject to a life- time registration requirement under a State sex offender registration program, the public hous- ing agency obtaining the record shall provide the tenant or applicant with a copy of the reg- istration information and an opportunity to dis- pute the accuracy and relevance of that infor- mation. (e) Fee A public housing agency may be charged a rea- sonable fee for taking actions under subsection (b). In the case of a public housing agency tak- ing actions on behalf of another owner of feder- ally assisted housing pursuant to subsection (c), the agency may pass such fee on to the owner making the request and may charge an addi- tional reasonable fee for making the request on behalf of the owner. (f) Records management Each public housing agency shall establish and implement a system of records management that ensures that any criminal record or infor- mation regarding a lifetime registration re- quirement under a State sex offender registra- tion 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.) Editorial Notes CODIFICATION Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which com- prise this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title. § 13664. Definitions (a) 1 Definitions For purposes of this subchapter, the following definitions shall apply: (1) Drug-related criminal activity The term ‘‘drug-related criminal activity’’ has the meaning given the term in section 1437a(b) of this title.