Sec. 2. Data collection; compliance; definitions
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Subtitle F of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 et seq.) is amended— in section 578(c) ( 42 U.S.C. 13663(c) ), by striking section 579(a)(2) and inserting section 579B(3) ; by redesignating section 579 as section 579B; by inserting after section 578 ( 42 U.S.C. 13663 ) the following: The Secretary shall require each public housing agency and owner to submit a report to the Secretary on an annual basis that contains the following information for the preceding 12-month reporting period:
The number of applications for admission to federally assisted housing or a federally assisted housing program reviewed by the public housing agency, including by the review panel of the public housing agency, or owner. The number of applications for admission to federally assisted housing or a federally assisted housing program reviewed by the public housing agency, including by the review panel of the public housing agency, or owner for covered criminal conduct. The number of denials of applications for admission to federally assisted housing or a federally assisted housing program rendered by the public housing agency or owner on the basis of covered criminal conduct.
The number of denials described in subparagraph
(C)pursuant to which the applicant filed a request for informal review. The number of denials described in subparagraph
(C)that were overturned following informal review. The information required under subparagraphs
(A)through
(E)disaggregated by the race of the applicant, the ethnicity of the applicant, the sex of the applicant, and whether the applicant had a disability as defined by section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). The information collected pursuant to paragraph
(1)shall be subject to the same confidentiality requirements of section 576(b)(2)(F) that are applicable to information gathered in the process of screening for criminal convictions. The Secretary shall require each public housing agency and owner to submit a report to the Secretary on an annual basis that contains the following information for the preceding 12-month reporting period: The number of terminations of tenancy and terminations of assistance initiated by the public housing agency or owner. The number of terminations of tenancy and terminations of assistance rendered by the public housing agency or owner on the basis of covered criminal activity. For each termination of tenancy or assistance based on covered criminal conduct, the specific type or types of covered criminal conduct involved, including the disposition of any criminal charges against the tenant or participant. The information required under paragraphs
(1)through
(3)disaggregated by the race of the applicant, the ethnicity of the applicant, the sex of the applicant, and whether the applicant had a disability as defined by section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). ; by inserting after section 579, as added by paragraph (3), the following: A public housing agency or owner of federally assisted housing, as applicable, shall be solely responsible for compliance with the requirements of this subtitle, notwithstanding the use of any third party for such purposes. In a case of failure of a public housing agency or owner to comply with the requirements of this subtitle, the Secretary may withhold funds made available for the federally assisted housing program under which the failure to comply occurred from the agency or owner. ; and in section 579B, as so redesignated— by striking
(a); Definitions .— by striking paragraph
(1)and inserting the following: The term conviction means judgment of guilt or nolo contendere or any disposition arising therefrom. Such term does not include— an arrest or any disposition therefrom that did not result in a conviction; any criminal disposition for an offense committed prior to the defendant’s 18th birthday; a conviction that has been expunged, sealed, or subject to similar judicial relief; a disposition received through successful completion of diversion, deferred adjudication, deferred entry of judgment, drug court, or similar judicial program under State law; or any other criminal disposition not deemed a conviction under State or Federal law. ; by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; by inserting after paragraph
(1)the following: 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 household of the applicant 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 person served a sentence of less than 10 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 person was sentenced only to probation. 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 household of the tenant while receiving Federal housing assistance, that threatens the health or safety of other tenants, the employees, or the owner or public housing agency; and 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 person 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. ; in paragraph (3), as so redesignated— in subparagraph (G), by inserting or after the semicolon at the end; in subparagraph (H), by striking ; or and inserting a period; and by striking subparagraph (I); and in paragraph (4), as so redesignated, by adding after the period at the end the following: For purposes of sections 576 and 577, such term does not include an owner of federally assisted housing described in paragraph (3)(B). .
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