Sec. 6. Public housing eviction standards

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Section 6(k) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(k) ) is amended, in the first sentence of the matter after and below paragraph (6)— by inserting violent criminal before activity that threatens ; and by striking or drug-related . Section 6(l) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(l) ) is amended— by striking paragraph

(6)and inserting the following new paragraph: provide that any covered criminal activity (as such term is defined in section 58(a) of the Quality Housing and Work Responsibility Act of 1998) shall be cause for termination of tenancy, subject to section 577 of such Act ( 42 U.S.C. 13662 ); ; in the second paragraph designated as paragraph

(7)(relating to occupancy in violation of section 576(b) of the Quality Housing and Work Responsibility Act of 1998; as added by section 575(b)(4) of such Act ( Public Law 105–276 ; 112 Stat. 2635))— by striking any occupancy in violation of section 576(b) of the Quality Housing and Work Responsibility Act of 1998 (relating to ineligibility of illegal drug users and alcohol abusers) or ; by striking (relating to termination of tenancy and assistance for illegal drug users and alcohol abusers) ; and by redesignating such paragraph as paragraph (8); and in paragraph (9)— in subparagraph (A), by striking ; or at the end and inserting a period; by striking if such tenant— in the matter preceding subparagraph

(A)and all that follows through

(A)is fleeing and inserting if such tenant is fleeing ; and by striking paragraph (2). Section 6(t) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(t) ) is amended— in the subsection heading, by striking and inserting Obtaining ; Prohibition on obtaining by striking paragraph

(1)and inserting the following new paragraph: A public housing agency may not require a person who applies for admission to public housing to provide consent that authorizes the agency to receive information from a drug abuse treatment facility that is related to whether the applicant is currently engaging in the illegal use of a controlled substance or the applicant’s progress in rehabilitation, and may not request such an applicant to provide such consent. Such an applicant may voluntarily provide such information, provide signed written consent for the agency to receive such information, or provide signed written consent for such a facility to provide such information to an agency, for purposes of an individualized review under section 576(b) of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661(b) ) and an agency provided such information shall consider such information in conducting such a review. Nothing in this paragraph may be construed to penalize or to authorize any penalty for an applicant for not providing such information or consent. ; by striking paragraph

(2)and inserting the following new paragraph: An applicant’s signed written consent provided pursuant to paragraph

(1)shall expire automatically after the public housing agency has made a final decision to either approve or deny the applicant’s application for admittance to public housing. ; by striking paragraph (3); by striking paragraph (6); and by redesignating paragraphs (4), (5), (7), and

(8)as paragraphs (3), (4), (5), and (6), respectively. Section 6 of the United States Housing Act of 1937 ( 42 U.S.C. 1437d ) is amended by adding at the end the following new subsection: A public housing agency may prohibit visitation of a public housing dwelling unit by a non-tenant on the basis of criminal activity by such non-tenant only if— such activity is covered criminal activity, as such term is defined in section 580(a) of the Quality Housing and Work Responsibility Act of 1998; the agency has thoroughly considered all mitigating factors, including the same factors with respect to the non-tenant as are required under subsection

(b)of such section 576 to be considered with respect to an applicant for federally assisted housing; in the case of any such prohibition of visitation by a non-tenant, the agency provides the tenant or non-tenant involved with an opportunity, not less frequently than annually, to request a redetermination with respect to such prohibition at which the tenant or non-tenant may present any new mitigating evidence; the agency has provided the non-tenant with written notice of the agency’s decision to prohibit visitation, that— includes statements identifying the basis for prohibition and setting forth the non-tenant’s right to present mitigating factors to overturn the agency’s decision; and is provided in multiple languages, consistent with guidance issued by the Secretary in accordance with Executive Order 13166 ( 42 U.S.C. 2000d–1 note; relating to access to services for persons with limited English proficiency); and such prohibition ends after of a period of time that does not exceed three years. . Section 6 of the United States Housing Act of 1937 ( 42 U.S.C. 1437d ), as amended by the preceding provisions of this section, is further amended by adding at the end the following new subsection: In the case of any public housing dwelling units or projects that are managed by an entity other than the public housing agency that owns the units or project, any units or projects subject to the Moving to Work demonstration program authorized under section 204 of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 110 Stat. 1321), and any units funded under the Rental Assistance Demonstration program authorized under title II of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55 ; 125 Stat. 673), such units and projects shall be subject to the screening and eviction policies established pursuant to this section and subtitle F of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 et seq. ) by the agency that owns the units or projects. .

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