Sec. 5. Eviction standards, lease terms, and other limitations for public housing

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Section 6 of the United States Housing Act of 1937 ( 42 U.S.C. 1437d ) is amended— in subsection (k), by striking the matter following paragraph (6); in subsection (l)— in paragraph (5), by inserting , subject to paragraph

(6)before the semicolon at the end; by striking paragraph

(6)and inserting the following: provide that the public housing agency may not terminate the tenancy based on any criminal conduct unless the agency determines, in accordance with section 577 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13662 ), that the conduct is covered criminal conduct (as defined in section 579B of such Act); ; in the second paragraph designated as paragraph

(7)(relating to occupancy in violation of section 576(b) of the Quality Housing and Work Responsibility Act of 1998; as added by section 575(b)(4) of such Act ( Public Law 105–276 ; 112 Stat. 2635))— by striking any occupancy in violation of section 576(b) of the Quality Housing and Work Responsibility Act of 1998 (relating to ineligibility of illegal drug users and alcohol abusers) or ; by striking (relating to termination of tenancy and assistance for illegal drug users and alcohol abusers) ; and by redesignating such paragraph as paragraph (8); and in paragraph (9)— in subparagraph (A), by striking ; or at the end and inserting a period; by striking if such tenant— in the matter preceding subparagraph

(A)and all that follows through

(A)is fleeing and inserting if such tenant is fleeing ; and by striking paragraph (2); in subsection (t)— in the subsection heading, by striking and inserting Obtaining ; Prohibition on obtaining by striking paragraphs (1), (2), and

(3)and inserting the following: A public housing agency— may not require a person who applies for admission to public housing to provide consent that authorizes the agency to receive information from a drug abuse treatment facility that is related to— whether the applicant is currently engaging in the illegal use of a controlled substance; or the progress of the applicant in rehabilitation; and and may not request an applicant to provide the consent described in clause (i). An applicant may voluntarily provide the information described in subparagraph (A), provide signed written consent for the agency to receive that information, or provide signed written consent for a drug abuse treatment facility to provide that information to an a public housing agency, for purposes of an individualized review under section 576(b) of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661(b) ), and an agency provided with that information shall consider the information in conducting the individualized review. Nothing in this paragraph may be construed to penalize or to authorize any penalty for an applicant for not providing the information or consent described in this paragraph. An applicant’s signed written consent provided pursuant to paragraph

(1)shall expire automatically after the public housing agency has made a final decision to either approve or deny the application of the applicant for admittance to public housing. ; by striking paragraph (6); and by redesignating paragraphs (4), (5), (7), and

(8)as paragraphs (3), (4), (5), and (6), respectively; and by adding at the end the following: A public housing agency may prohibit visitation of a public housing dwelling unit by a non-tenant on the basis of criminal conduct by the non-tenant only if— the conduct is covered criminal conduct, as defined in section 579B of the Quality Housing and Work Responsibility Act of 1998; the agency has thoroughly considered— all mitigating factors, including the same factors with respect to the non-tenant as are required under subsection section 576(b) of such Act ( 42 U.S.C. 13661(b) ) to be considered with respect to an applicant for federally assisted housing; and the familial relationship between the tenant and the non-tenant as mitigating factors; in the case of any prohibition of visitation by a non-tenant, the agency provides the tenant and non-tenant involved with an opportunity, not less frequently than annually, to request a redetermination with respect to the prohibition at which the tenant and non-tenant may present any new mitigating evidence; the agency has provided the non-tenant with written notice of the decision of the agency to prohibit visitation, that— includes statements identifying the basis for prohibition and setting forth the right of the non-tenant to present mitigating factors to overturn the decision of the agency; and is 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); and the prohibition ends after a period of time that does not exceed 3 years. Notwithstanding any other provision of law, including subtitle F of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 et seq.), in the case of any public housing dwelling units or projects that are managed by an entity other than the public housing agency that owns the units or project, any units or projects subject to the Moving to Work demonstration program authorized under section 204 of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 110 Stat. 1321–281), and 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), those units and projects shall be subject to the screening and eviction policies established pursuant to this section and subtitle F of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 et seq.) by the agency that owns the units or projects. .

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