§13661 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone kicked out of federally assisted housing for drug-related crimes cannot get federally assisted housing for a 3-year period starting on the eviction date. They can be admitted sooner if they finish a rehab program that the public housing agency approves, or if the agency decides the problem that caused the eviction no longer exists and waives the ban. Public housing agencies and owners (as the Secretary defines) must have rules to bar households with a member who is illegally using drugs or who the agency reasonably believes is using drugs or abusing alcohol in a way that could harm others’ health, safety, or quiet living. When denying someone for a pattern of drug or alcohol problems, the agency or owner may consider if the person has completed or is in a supervised rehab program or has otherwise been successfully rehabilitated and no longer uses. Besides the rules above and other screening powers, if an applicant or household member was recently involved in drug-related, violent, or other criminal activity that would harm others or staff, the agency or owner may deny admission. After a reasonable waiting period, they may require proof (as the Secretary’s rules say) that the person has not committed criminal activity during that period before allowing admission.

Title 42, §13661

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

(a)Any tenant evicted from federally assisted housing by reason of drug-related criminal activity (as such term is defined in section 1437a(b) of this title) 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)(1)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)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 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 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)Except as provided in subsections (a) and (b) of this section and in addition to any other authority to screen applicants, in selecting 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.

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. Section is comprised of section 576 of Pub. L. 105–276. Subsec. (d) of section 576 of Pub. L. 105–276 amended section 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.

§13661 Screening of Applicants for Federally Assisted Housing

Summary

Title 42, §13661

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata