Sec. 403. Housing
444 words·~2 min read·
/bill/116/s/5000/is/section-403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 576 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 et seq.) is amended by striking subsections (a), (b), and
(c)and inserting the following: Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, may only prohibit admission to the program or admission to federally assisted housing for an individual whom the public housing agency or owner determines is illegally using a controlled substance or abusing alcohol if the agency or owner determines that the individual is using the controlled substance or abusing alcohol in a manner that interferes with the health or safety of other residents. Except as provided in subsection (a), in addition to any other authority to screen applicants, and subject to paragraphs
(2)and
(3)of this subsection, a public housing agency or an owner of federally assisted housing may only prohibit admission to the program or to federally assisted housing for an individual based on criminal activity of the individual if the public housing agency or owner determines that the individual, during a reasonable time preceding the date on which the individual would otherwise be selected for admission, was convicted of a crime involving conduct that threatens the health or safety of other residents. A conviction that has been vacated, a conviction the record of which has been sealed or expunged, or a conviction for a crime committed by an individual when the individual was less than 18 years of age, shall not be grounds for denial of admission under paragraph (1). In evaluating the criminal history of an individual under paragraph (1), a public housing agency or an owner of federally assisted housing shall consider— whether an offense of which the individual was convicted bears a relationship to the safety and security of other residents; the level of violence, if any, of an offense of which the individual was convicted; the length of time since a conviction; the number of convictions; if the individual is in recovery for a substance use disorder, whether the individual was under the influence of alcohol or illegal drugs at the time of an offense; and any rehabilitation efforts that the individual has undertaken since the time of a conviction, including completion of a substance use treatment program. A public housing agency or an owner of federally assisted housing shall establish and make available to applicants a written admission policy that enumerates the specific factors, including the factors described in subparagraph (A), that will be considered when the public housing agency or owner evaluates the criminal history of an individual under paragraph (1). .
Connectionstraces to 1
Traces to 1 document