Sec. 4. Requirements for termination of tenancy and assistance for covered criminal conduct by tenants of federally assisted housing
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Paragraph
(2)of section 579 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13664 ), as added by the preceding provisions of this Act, is further amended by adding at the end the following new subparagraph: The term covered criminal conduct means, with respect to termination of tenancy or assistance, criminal conduct committed by the tenant or any member of the tenant’s household while receiving Federal housing assistance, that threatens the health or safety of other tenants, the employees, or the owner or public housing agency. Such term includes criminal conduct described in section 16(f)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437n(f)(1) ). Such term does not include, with respect to termination of tenancy or assistance— a misdemeanor; an arrest for an offense for which the applicant was not subsequently adjudicated or convicted; any juvenile adjudication or conviction, including convictions where a juvenile was tried as an adult; a conviction that has been expunged, sealed, or subject to similar judicial relief under State law; criminal citations or infractions regardless of classification; non-criminal citations; a disposition received through successful completion of diversion, deferred adjudication, deferred entry of judgment, drug court, or similar judicial program under State law; a conviction for which the individual was sentenced only to probation; an offense or offenses related to fees or back payments associated with incarceration; child support payments or back pay associated with barriers, including incarceration, homelessness, unemployment, or disability; or disciplinary infractions committed by elementary or secondary school students, or school related issues that are not criminal in nature, but may have led to justice involvement. . Section 577 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13662 ) is amended to read as follows: A public housing agency or owner of federally assisted housing may not terminate the tenancy of any tenant of federally assisted housing, or assistance for a household under any federally assisted housing program, based on any criminal conduct unless the agency or owner, as applicable, determines in accordance with this section that such conduct is covered criminal conduct (as such term is defined in section 579b). In determining whether to terminate tenancy or assistance to any household based on covered criminal conduct by a household member or any guest or other person under the control of a household member, a public housing agency or an owner of federally assisted housing shall conduct an individualized review of the totality of the circumstances regarding the criminal conduct at issue, taking into consideration the household’s need for housing and the health and safety of the community. In conducting reviews required under paragraph (1), a public housing agency or owner shall consider all factors presented, including all of the factors specified in section 576(b)(4), as appropriate, except that, for purposes of this paragraph— subparagraph (C)(v) of such section shall be applied by substituting a member of the household for the applicant ; and subparagraph (E)(ii) of such section shall be applied by substituting in which the household resides for to which the applicant’s application relates (if applicable) . 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. If conducting an investigation into alleged criminal conduct committed by a tenant or member of the tenant’s household, the public housing agency or owner of federally assisted housing may not enter the rental property unless entry is authorized by the tenant or a member of the tenant’s household. If presenting evidence during the individualized review to demonstrate that a household member or any guest or other person under the control of a household member engaged in covered criminal conduct, the public housing agency or owner of federally assisted housing may only present substantiated evidence. The Secretary shall issue guidance for public housing agencies and owners to implement the requirement to conduct individualized reviews in accordance with this subsection. In the case of any covered criminal conduct 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 conduct 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. A public housing agency or owner or manager of federally assisted housing may bifurcate a lease for the housing or voucher in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant of the housing and who engages in covered criminal conduct without evicting, removing, terminating assistance to, or otherwise penalizing other household members who are tenants or lawful occupants of the housing. If public housing agency or owner or manager of federally assisted housing evicts, removes, or terminates assistance to an individual under paragraph (2), and the individual is the sole tenant eligible to receive assistance under a federally assisted housing program, the public housing agency or owner or manager of the federally assisted housing shall provide any remaining tenant an opportunity to establish eligibility for the federally assisted housing. If a tenant described in the preceding sentence cannot establish eligibility, the public housing agency or owner or manager of the housing shall provide the tenant a reasonable time of not less than 120 days, as determined by the Secretary, to find new housing or to establish eligibility for housing under another Federal housing program. Paragraphs
(1)through
(3)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 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
(b)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 conduct by tenants of federally assisted housing
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