§13663 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Owners of federally assisted housing must refuse to admit any household that includes a person who is required to register for life on a state sex-offender list. Local public housing agencies (PHAs) must run criminal background checks on applicants and contact state and local agencies to find out if someone must register for life. State and local agencies must give PHAs the information they request under these rules. A PHA can do these checks for other housing owners in its area if the owner asks, but the PHA cannot give the owner the records. The PHA will make screening, lease-enforcement, and eviction decisions using the owner’s rules. Before denying or taking other negative action, the PHA must give the person the registration record and a chance to dispute it. PHAs may be charged reasonable fees and must keep and use the records only privately, then destroy them when they are no longer needed.

Title 42, §13663

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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 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 agency may not make any information obtained pursuant to the action under subsection (b) available to the owner but shall perform determinations for the owner regarding screening, lease enforcement, and eviction based on criteria supplied by the owner.

(d)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 lifetime registration requirement under a State sex offender registration program, the public housing agency obtaining the record shall provide the tenant or applicant with a copy of the registration information and an opportunity to dispute the accuracy and relevance of that information.

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

(f)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.

Notes & Related Subsidiaries

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 comprise 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

Summary

Title 42, §13663

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata