SAFETY AND SECURITY IN PUBLIC AND ASSISTED

HOUSING

EXCERPT FROM QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998

[Public Law 105–276; 112 Stat. 2634; 42 U.S.C. 13661 et seq.]

TITLE V-PUBLIC HOUSING AND TENANT-BASED ASSISTANCE REFORM

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Subtitle F1-Safety and Security in Public and Assisted Housing

SEC. 575. PROVISIONS APPLICABLE ONLY TO PUBLIC HOUSING AND SECTION 8 ASSISTANCE.

(a) DRUG-RELATED AND CRIMINAL ACTIVITY UNDER PUBLIC HOUSING GRIEVANCE PROCEDURE.-Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended, in the matter following paragraph (6)—

(b) TERMINATION OF TENANCY IN PUBLIC HOUSING.-Section 6(1) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended

(c) AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND EVICTION.-Section 6(q) of the United States Housing Act of 1937 (42 U.S.C. 1437d(q)(1)) is amended—

(d) AUTHORITY TO REQUIRE ACCESS TO CRIMINAL RECORDS. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:

(e) OBTAINING INFORMATION FROM DRUG ABUSE TREATMENT FACILITIES. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this

Section 503 of the Quality Housing and Work Responsibility Act of 1998, Public Law 105– 276, approved October 21, 1998 (set forth in the footnote on page 114 of this compilation), provides that such Act takes effect on October 1, 1999, except as otherwise specifically provided in such Act and except to the extent that the Secretary provides by notice for earlier implementation of any provision of such Act.

Act, is further amended by adding at the end the following new subsection:

SEC. 576. [42 U.S.C. 13661] SCREENING OF APPLICANTS FOR FEDERALLY ASSISTED HOUSING.

(a) 1 INELIGIBILITY BECAUSE OF EVICTION FOR DRUG CRIMES.— Any tenant evicted from federally assisted housing by reason of drug-related criminal activity (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) shall not be eligible for federally assisted housing during the 3-year period beginning on the date of such eviction, unless the evicted tenant successfully completes a rehabilitation program approved by the public housing agency (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist). (b) 2 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 al cohol rehabilitation program (as applicable) and is no

1Section 576(d)(1)(A) of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105–276, approved October 21, 1998, amended section 6 of the United States Hous ing Act of 1937 by striking subsection (r) (relating to ineligibility for housing assisted under title I of such Act because of eviction for drug-related criminal activity). Pursuant to section 503 of such 1998 Act (set forth in the footnote on page 114 of this compilation), the amendment was made on the date of enactment, but applies beginning upon October 1, 1999. Section 503 al provides that the provisions of such section 6(r), as in effect immediately before the enactment of the 1998 Act, continue to apply until such applicability date (unless the Secretary provices by notice for earlier implementation of the amendment).

2 Section 576(d)(2) of the Quality Housing and Work Responsibility Act of 1998, title V of Pu lic Law 105-276, approved October 21, 1998, amended section 16 of the United States Housing Act of 1937 by striking subsection (e) (relating to ineligibility for housing assisted under t I of such Act because of illegal drug use or alcohol abuse). Pursuant to section 503 of such 1995 Act (set forth in the footnote on page 114 of this compilation), the amendment was made the date of enactment, but applies beginning upon October 1, 1999. Section 503 also provide that the provisions of such section 16(e), as in effect immediately before the enactment of the 1998 Act, continue to apply until such applicability date (unless the Secretary provides by notice for earlier implementation of the amendment).

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 seecting 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.

(d) CONFORMING AMENDMENTS.-The United States Housing Act of 1937 is amended

(1) in section 6

(A) by striking subsection (r); and

(B) by redesignating subsections (s), (t), and (u) (as added by the preceding provisions of this Act) as subsections (r), (s), and (t), respectively; and

(2) in section 16 (42 U.S.C. 1437n), by striking subsection (e).

SEC. 577. [42 U.S.C. 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.

REHABILITATION.-In

(b) CONSIDERATION OF 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 ap plicable).

SEC. 578. [42 U.S.C. 13663] INELIGIBILITY OF DANGEROUS SEX OF FENDERS FOR ADMISSION TO PUBLIC HOUSING.

(a) IN GENERAL.-Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household 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 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 PHA'S TO OBTAIN INFORMATION.-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 subparagraph (A) or (B) of section 579(a)(2), 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 agency may not make any information obtained pursuant to the action under subsection (b) available to the owner but shall perform determinations

r the owner regarding screening, lease enforcement, and eviction ased on criteria supplied by the owner.

(d) OPPORTUNITY TO DISPUTE.-Before an adverse action is ken with respect to an applicant for federally assisted housing on e basis that an individual is subject to a lifetime registration reirement under a State sex offender registration program, the blic housing agency obtaining the record shall provide the tenant applicant with a copy of the registration information and an oportunity to dispute the accuracy and relevance of that informa

on.

(e) FEE.-A public housing agency may be charged a reasonle fee for taking actions under subsection (b). In the case of a blic housing agency taking actions on behalf of another owner of derally assisted housing pursuant to subsection (c), the agency ay pass such fee on to the owner making the request and may harge an additional reasonable fee for making the request on bealf of the owner.

(f) RECORDS MANAGEMENT.-Each public housing agency shall stablish and implement a system of records management that enures that any criminal record or information regarding a lifetime egistration requirement under a State sex offender registration ogram that is obtained under this section by the public housing gency 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.

EC. 579. [42 U.S.C. 13664] DEFINITIONS.

(a) DEFINITIONS.-For purposes of this subtitle, the following efinitions shall apply:

(1) DRUG-RELATED CRIMINAL ACTIVITY.—The term "drug-related criminal activity" has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(2) FEDERALLY ASSISTED HOUSING.-The term "federally assisted housing" means a dwelling unit

(A) in public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a));

(B) assisted with tenant-based assistance under section 8 of the United States Housing Act of 1937;

(C) in housing that is provided project-based assistance under section 8 of the United States Housing Act of 1937, including new construction and substantial rehabilitation projects;

(D) in housing that is assisted under section 202 of the Housing Act of 1959 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act);

(E) in housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act;

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