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Title 42, The Public Health and WelfareRelease 119-110

§13662 Termination of Tenancy and Assistance for Illegal Drug Users and Alcohol Abusers in Federally Assisted Housing

Title 42 › CHAPTER 135 — RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING › SUBCHAPTER V — SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING › § 13662

Last updated Sep 22, 2026|Official source

Summary

Public housing agencies and owners of federally assisted housing must have rules that let them end a family's housing or rental help if a household member is using illegal drugs, or if a household member’s illegal drug use or alcohol abuse (or repeated patterns of such behavior) harms other residents’ health, safety, or peaceful enjoyment of the building. When deciding to end housing or help because of repeated drug use or alcohol abuse, the agency or owner may consider whether the household member has finished a supervised rehab program, has otherwise been successfully rehabilitated, or is currently in a supervised rehab program — and in each case is no longer using illegal drugs or abusing alcohol.

Full Legal Text

Title 42, §13662

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

(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.
(b)Consideration of rehabilitation
In 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 applicable).

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13662

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110