Sec. 4. Requirements for termination of tenancy and assistance for covered criminal activity by tenants of federally assisted housing
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/bill/114/hr/5085/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 577 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13662 ) is amended to read as follows: In determining whether to terminate tenancy or assistance to any household based on covered criminal activity by a household member or any guest or other person under the control of a household member, a public housing agency or an owner shall conduct an individualized review of the totality of the circumstances regarding the criminal activity at issue, taking into consideration the household’s need for housing and the health and safety of the community.
The Secretary shall issue guidance for public housing agencies and owners regarding reviews required under paragraph (1), which shall provide for tenants to submit mitigating evidence and shall include consideration of all mitigating factors presented, including all of the factors specified in section 576(b)(2); except that, for purposes of this paragraph— subparagraph
(B)of such section shall be applied without considering the amount of time since such offense or offenses ; and subparagraph (C)(ii) of such section shall be applied by substituting in which the household resides for to which the applicant’s application relates (if applicable) . A public housing agency or owner may not deny admission to federally assisted housing or to the program based solely on— an arrest for an offense for which the applicant was not subsequently convicted; any juvenile adjudication or conviction; a conviction that has been expunged, sealed, or subject to similar judicial relief under State law the purpose of which is to remove the collateral consequences of a criminal conviction; non-criminal citations, such as traffic and municipal citations; or whether the offense or offenses committed arose from a household member’s status as a victim of domestic violence, dating violence, sexual assault, or stalking, as such terms are defined in section 40002 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). In the case of any covered criminal activity warranting termination of tenancy or assistance, the public housing agency or owner shall, before proceeding with eviction or termination proceedings against the entire tenant household, provide the tenant with the option of removing from the household the member that is culpable for the activity that warrants the termination in order for the remainder of the household to continue to reside in the assisted unit, and may only proceed with eviction proceedings if the tenant refuses to exercise such option. Paragraph
(1)shall not supersede any protections or remedies available under the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 et seq. ). Notwithstanding any other provision of law, a public housing agency or owner of federally assisted housing may not require drug or alcohol testing, without individualized suspicion, of any tenant of federally assisted housing or member of a tenant’s household, as a condition of tenancy in such housing or continued receipt of such assistance. . Section 577 of the Quality Housing and Work Responsibility Act of 1998, as amended by subsection
(a)of this section, shall take effect and apply on the date of the enactment of this Act.
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Sec. 4
Requirements for termination of tenancy and assistance for covered criminal activity by tenants of federally assisted housing
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