Sec. 7. Termination of tenancy and tenant selection under section 8 rental assistance program
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(iii)of section 8(d)(1)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(1)(B)(iii) ) is amended to read as follows: during the term of the lease, any covered criminal activity, as such term is defined in section 580(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 ); . Subparagraph
(D)of section 8(o)(7) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(7)(D) ) is amended to read as follows: during the term of the lease, any covered criminal activity, as such term is defined in section 580(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 ); . Section 8(o)(6)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6)(B) ) is amended— by striking
(B)and inserting the following: Selection of tenants .—Each Each ; by inserting after shall be the function of the owner. the following: Any owner that screens applicants based on the criminal background of the applicant or any member of the applicant household, or other permissible grounds for denial under subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 ( ; 42 U.S.C. 13661 et seq. ; relating to safety and security in public and assisted housing) or this section, shall provide each applicant, at the time of application, the written notice required pursuant to section 576(f)(1) of such Act, which notice shall be 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). by striking In addition and inserting the following: In addition ; by inserting after the period at the end the following: A public housing agency’s elective screening shall be limited to criteria that are directly related to an applicant’s ability to fulfill the obligations of an assisted lease and shall consider mitigating circumstances presented by such applicant. The preceding sentence shall not limit the authority of a public housing agency to deny assistance based on the criminal background of the applicant or any member of the applicant’s household, or any other permissible grounds for denial under subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 ( ; and 42 U.S.C. 13661 et seq. ; relating to safety and security in public and assisted housing), subject to the procedural requirements of this section. Any applicant or participant determined to be ineligible for admission or continued participation to the program shall be promptly notified of the basis for such determination and provided, within a reasonable time after the determination, an opportunity for an informal hearing on such determination at which mitigating circumstances presented by the applicant, including remedial conduct subsequent to the conduct that is the basis of such determination, shall be considered. Such notice shall be 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) by adding at the end the following new clause: Previously assisted or subsidized families being provided with tenant protection assistance authorized by law (including tenant protection vouchers, enhanced vouchers under subsection (t), or project-based vouchers under subsection (o)(13)), families who are porting their vouchers to a new jurisdiction, and assisted families who are moving to redeveloped public housing, shall not be considered new applicants under this paragraph and shall not be subject to elective re-screening by a public housing agency. . Section 8(q)(2)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(q)(2)(B) ) is amended by inserting before the semicolon the following: , except that persons who have exited a jail or prison shall be considered, for purposes of this subparagraph, to be experiencing difficulty in obtaining appropriate housing under the programs .
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- 42 USC 2000d–1
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Sec. 7
Termination of tenancy and tenant selection under section 8 rental assistance program
Cite42 USC 2000d–1
Cites 5Cited by 0 across 0 sources