§13603 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a task force to help the Secretary set clear rules for who may live in federally assisted housing and how leases and evictions should work. The Secretary must appoint unpaid members who represent owners, managers, tenants, public housing agencies, disability advocates, homeless service groups, and social service providers. The task force must review HUD rules, handbooks, and guidance, decide whether they give enough help on tenant selection, leases, reasonable accommodations for people with disabilities, and civil rights compliance, and then recommend occupancy criteria, tenant behavior standards, and eviction procedures. The task force must hold public hearings and accept written comments for at least 60 days. HUD must give staff and office space. A preliminary report is due within 3 months after October 28, 1992, and a final report with findings and recommendations is due within 6 months after that date. The Secretary must make rules for tenant selection and lease terms that help owners and managers choose tenants who can follow reasonable lease terms, stop dangerous or disruptive behavior, provide required disability accommodations, and follow civil rights laws. The Secretary must use the task force report when making these rules. Within 90 days after the task force’s final report, the Secretary must publish a proposed rule and allow at least 60 days for public comment. The Secretary must issue final rules within the 60-day period after the comment period ends, and those final rules take effect when issued.

Title 42, §13603

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

(a)(1)To assist the Secretary in establishing reasonable criteria for occupancy in federally assisted housing, the Secretary shall establish a task force to review all rules, policy statements, handbooks, technical assistance memoranda, and other relevant documents issued by the Department of Housing and Urban Development on the standards and obligations governing residency in federally assisted housing and make recommendations to the Secretary for the establishment of such criteria for occupancy.

(2)The Secretary shall appoint members to the task force, which shall include individuals representing the interests of owners, managers, and tenants of federally assisted housing, public housing agencies, owner and tenant advocacy organizations, persons with disabilities and disabled families, organizations assisting homeless individuals, and social service, mental health, and other nonprofit servicer providers who serve federally assisted housing.

(3)Members of the task force shall not receive compensation for serving on the task force.

(4)The task force shall—

(A)review all existing standards, regulations, and guidelines governing occupancy and tenant selection policies in federally assisted housing;

(B)review all existing standards, regulations, and guidelines governing lease provisions and other rules of occupancy for federally assisted housing;

(C)determine whether the standards, regulations, and guidelines reviewed under subparagraphs (A) and (B) provide sufficient guidance to owners and managers of federally assisted housing to—

(i)develop procedures for preselection inquiries sufficient to determine the capacity of applicants to comply with reasonable lease terms and conditions of occupancy;

(ii)utilize leases that prohibit behavior which endangers the health or safety of other tenants or violates the rights of other tenants to peaceful enjoyment of the premises;

(iii)assess the need to provide, and appropriate measures for providing, reasonable accommodations required under the Fair Housing Act [42 U.S.C. 3601 et seq.] and section 794 of title 29 for persons with various types of disabilities; and

(iv)comply with civil rights laws and regulations;

(D)propose criteria for occupancy in federally assisted housing, standards for the reasonable performance and behavior of tenants of federally assisted housing, compliance standards consistent with the reasonable accommodation of the requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.] and section 794 of title 29, standards for compliance with other civil rights laws, and procedures for the eviction of tenants not complying with such standards consistent with section 1437d and 1437f of this title; and

(E)report to the Congress and the Secretary of Housing and Urban Development pursuant to paragraph (7).

(5)In carrying out its duties, the task force shall hold public hearings and receive written comments for a period of not less than 60 days.

(6)The Secretary of Housing and Urban Development shall cooperate fully with the task force and shall provide support staff and office space to assist the task force in carrying out its duties.

(7)Not later than 3 months after October 28, 1992, the task force shall submit to the Secretary and the Congress a preliminary report describing its initial actions. Not later than 6 months after October 28, 1992, the task force shall submit a report to the Secretary and the Congress, which shall include—

(A)a description of its findings; and

(B)recommendations to revise such standards, regulations, and guidelines to provide accurate and complete guidance to owners and managers of federally assisted housing as determined necessary under paragraph (4).

(b)(1)The Secretary shall, by regulation, establish criteria for selection of tenants for occupancy in federally assisted housing and lease provisions for such housing.

(2)The criteria shall provide sufficient guidance to owners and managers of federally assisted housing to enable them to (A) select tenants capable of complying with reasonable lease terms, (B) utilize leases prohibiting behavior which endangers the health or safety of others or violates the right of other tenants to peaceful enjoyment of the premises, (C) comply with legal requirements to make reasonable accommodations for persons with disabilities, and (D) comply with civil rights laws. The criteria shall be consistent with the requirements under subsections (k) and (l) of section 1437d of this title and section 1437f(d)(1) of this title and any similar contract and lease requirements for federally assisted housing. In establishing the criteria, the Secretary shall take into consideration the report of the task force under subsection (a)(7).

(3)Not later than 90 days after the submission of the final report under subsection (a)(7), the Secretary shall issue a notice of proposed rulemaking of the regulations under this subsection providing for notice and opportunity for public comment regarding the regulations, pursuant to the provisions of section 553 of title 5 (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). The duration of the period for public comment under such section 553 shall not be less than 60 days. The Secretary shall issue final regulations under this subsection not later than the expiration of the 60-day period beginning upon the conclusion of the comment period, which shall take effect upon issuance.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Housing Act, referred to in subsec. (a)(4)(C)(iii), (D), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 3601 of this title and Tables.

§13603 Establishment of Criteria for Occupancy