Sec. 3. Screening of applicants for federally assisted housing

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Section 579 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13664 ), as amended by the preceding provisions of this Act, is further amended— by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively; and by inserting after paragraph

(1)the following new paragraph: The term covered criminal conduct means, with respect to admission to federally assisted housing, criminal conduct— for which the applicant or a member of the applicant’s household has been convicted of a felony under State or Federal criminal law; and that threatens the health, or safety of other tenants, the employees, or the owner or public housing agency. Notwithstanding any other provision of law, such term does not include, with respect to admission to federally assisted housing— a conviction for a drug offense for which the individual served a sentence of less than ten years; an offense or offenses related to fees or back payments associated with incarceration; any other legal financial obligation; or a conviction for which the individual was sentenced only to probation. . Section 576 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 ) is amended to read as follows: Except as otherwise provided by this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to federally assisted housing or a federally assisted housing program, including individuals seeking to join a household currently receiving Federal housing assistance, a public housing agency or owner of such housing (as applicable) may deny an applicant admission to the program or to federally assisted housing based on any criminal conduct only if the agency or owner determines, based on an individualized review of the totality of the circumstances, that such applicant or any member of the applicant’s household was engaged in covered criminal conduct, within a reasonable period of time preceding the date when the applicant household would otherwise be admitted to the federally assisted housing or to the program. Before denying admission to an applicant pursuant to subsection (a), a public housing agency or owner of federally assisted housing shall conduct an individualized review of the totality of the circumstances regarding the criminal conduct at issue. The Secretary shall issue guidance requiring each public housing agency to establish a review panel to conduct the individualized review required under paragraph

(1)with respect to applications for federally assisted housing specified in subparagraphs

(A)and

(B)of section 579B(3). An applicant may present mitigating evidence for the review panel to determine whether the applicant should be admitted. Each committee review panel shall include at least one resident representative. Applicants shall be notified in writing of their panel review at least 14 days before date of the review. Notice shall be provided in accordance with subsection

(c)of this section. A public housing agency shall produce a detailed criminal conviction report to be used by the panel in the review process. If an applicant identifies an error on the criminal conviction report used by the panel, the applicant shall have the opportunity to defer his or her application prior to panel review to correct the report. The report shall be shared only with the applicant and members of the review panel. A public housing agency may not deny admission to an applicant unless the agency determines, by a preponderance of the evidence, that the applicant’s criminal conduct renders the applicant unfit for housing. All information gathered in the process of screening for criminal convictions shall be kept confidential and shall not be released unless the applicant agrees in writing or such release it is otherwise required by law. Public housing agencies shall establish a formal confidentiality policy. The panel shall review the applicant’s circumstances and other available information, including any information the applicant chooses to bring to the panel’s attention. Within 7 days, the panel shall review all relevant information and members shall determine whether, by a preponderance of the evidence, the applicant’s criminal record renders the applicant unfit for housing. Each applicant shall have a right to appeal a decision by the panel to deny admission, in accordance with current regulations. An applicant shall have 14 days to appeal the determination and a request for such an appeal shall be made in writing. Pursuant to such a request, the public housing agency shall hold an informal hearing and decide whether to uphold the initial determination within 7 days after the hearing. The public housing agency shall hold the dwelling unit open or shall reserve the assistance under the federally assisted housing program, as the case may be during the entire time of the appeals process. When conducting an individualized review under this section, a public housing agency or owner of federally assisted housing shall comply with applicable civil rights requirements under the Fair Housing Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and titles II and III of the Americans with Disabilities Act of 1990. In conducting the reviews required under paragraph (1), the public housing agency or owner which shall consider the following factors holistically, such that no single factor is dispositive: The severity of the criminal offense or offenses committed. The amount of time elapsed since the criminal offense or offenses were committed. Evidence of rehabilitation, including— a person’s satisfactory compliance with all terms and conditions of parole or probation, provided that the person’s failure to pay fines, fees, and restitution shall not be considered noncompliance with terms and conditions of parole or probation; educational attainment or vocational or professional training, or employment since conviction, including training received or employment while incarcerated; completion of or active participation in rehabilitative treatment, including alcohol or drug treatment; letters of recommendation from community organizations, counselors, case managers, teachers, community leaders, parole officers, and probation officers who have observed the person; a person’s familial relationship with a person who may be currently residing in the dwelling unit in federally assisted housing that the applicant is applying for residence in; or the age of the person at the time of the conviction. Whether the applicant received a reduced sentence for the criminal offense or offenses committed. The nature of the criminal offense, which shall include the following: Whether the criminal offense or offenses— were committed by a member of the household who is an individual with disabilities who is entitled to a reasonable accommodation under the Fair Housing Act or section 504 of the Rehabilitation Act of 1974; and are related to or resulted from a symptom of a disability of the member of the household who committed the criminal offense or offenses. Whether the criminal offense or offenses occurred on or near the federally assisted housing to which the applicant’s application relates (if applicable). Whether the criminal 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 ( 34 U.S.C. 12291 ). Any other mitigating information provided by the applicant, or provided on the applicant’s behalf, including any information regarding the rehabilitation or good conduct of the member of the household who committed the criminal offense or offenses. The Secretary shall issue guidance for public housing agencies and owners to implement the requirement to conduct individualized reviews in accordance with this section. The Secretary shall require each public housing agency and owner of federally assisted housing to provide— to each new applicant and each applicant upon selection from the wait list for admission to federally assisted housing or to a federally assisted housing program, at the time of application and selection from the wait list, written notice of the policy of such agency or owner pursuant to this subtitle or any other provision of law regarding denial of admission for criminal conduct, which shall include— notice of the authority under subsection

(a)to deny admission based on covered criminal conduct and notice of the specific reasonable time period to which such authority applies; notice of the requirement under subsection

(b)to consider the totality of the circumstances and the right under subsection (b)(4) to present mitigating evidence; and when applicable, a criminal conviction report that the public housing agency plans to provide to the review panel to be used in its individualized review of the applicant or a member of the applicant’s household, and notice of a tenant’s rights to appear at the review panel and correct inaccuracies in his or her criminal conviction report; and to an applicant, upon denial of an application for admission to federally assisted housing or to a federally assisted housing program— written notice of— the reason for such denial, including the specific criminal conduct on which the denial is based; and the actions that the applicant may take to appeal such denial; and a copy of any documents that the public housing agency or owner used to support its determination of criminal conduct. In the case of any covered criminal conduct described in subsection

(a)warranting denial of admission to federally assisted housing, the public housing agency or owner shall, before denying admission to the entire applicant household, provide the applicant household with the option of removing from the household the member or members who would be cause for such denial in order for the remainder of the household to be eligible for admission, and may only deny such admission if the applicant household refuses to exercise such option. A public housing agency or owner shall provide the applicant household with written notice of the option required under paragraph

(1)within a reasonable time before notice of an adverse action relating to covered criminal conduct described in subsection (a). Notwithstanding any other provision of law, a public housing agency or owner of federally assisted housing may not require drug or alcohol testing of any applicant for admission to federally assisted housing or a federally assisted housing program as a condition of such housing assistance. Any notice required under this section to be provided to an applicant or applicant household 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). . Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, after consultation with the Attorney General of the United States and an opportunity for public comment on the proposed guidance, shall issue the following guidance: Guidance required under paragraph

(5)of section 576(b) of the Quality Housing and Work Responsibility Act of 1998, as such subsection is amended by subsection

(b)of this section, regarding reviews required under paragraph

(1)of such section 576(b). Guidance setting forth model notification forms for use by public housing agencies and owners of federally assisted housing in meeting the requirements of subsection

(c)of section 576 of the Quality Housing and Work Responsibility Act of 1998, as added by the amendment made by subsection

(b)of this section.

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