Sec. 6. Termination of tenancy and tenant selection under section 8 rental assistance program

522 words·~2 min read·/bill/116/hr/3685/ih/section-6

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Subparagraph

(B)of section 8(d)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(1)(B) ) is amended— in clause (ii), by inserting , subject to clause

(iii)before the semicolon at the end; and by striking clause

(iii)and inserting the following new clause: during the term of the lease, the owner may not terminate the tenancy based on any criminal conduct unless the owner determines, in accordance with section 577 of the Quality Housing and Work Responsibility Act of 1998, that such conduct is covered criminal conduct (as such term is defined in section 579B of such Act); . Subparagraph

(B)of section 8(o)(6) 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, written notice that the owner is conducting such screening, 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 before the period at the end the following: , except that a public housing agency may not elect to screen applicants for the program based on criminal conduct. The preceding sentence may not be construed to limit or affect the authority of a public housing agency under section 576 of the Quality Housing and Work Responsibility Act of 1998 ; and 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 (including any units with assistance converted 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)), shall not be considered new applicants under this paragraph and shall not be subject to elective re-screening by a public housing agency. . Subparagraph

(B)of section 8(q)(2) 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 as determined by the Secretary .

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