§ 13661. Screening of applicants for federally assisted housing

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(a)Ineligibility because of eviction for drug crimes Any tenant evicted from federally assisted housing by reason of drug-related criminal activity (as such term is defined in section 1437a(b) of this title) shall not be eligible for federally assisted housing during the 3-year period beginning on the date of such eviction, unless the evicted tenant successfully completes a rehabilitation program approved by the public housing agency (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist).

(b)Ineligibility of illegal drug users and alcohol abusers

(1)In general Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to federally assisted housing for any household with a member—

(A)who the public housing agency or owner determines is illegally using a controlled substance; or

(B)with respect to whom the public housing agency or owner determines that it has reasonable cause to believe that such household member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or pattern of abuse) of alcohol, may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

(2)Consideration of rehabilitation In determining whether, pursuant to paragraph (1)(B), to deny admission to the program or federally assisted housing to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member—

(A)has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable);

(B)has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable); or

(C)is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).

(c)Authority to deny admission to criminal offenders Except as provided in subsections

(a)and

(b)of this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to the program or to federally assisted housing, if the public housing agency or owner of such housing (as applicable) determines that an applicant or any member of the applicant’s household is or was, during a reasonable time preceding the date when the applicant household would otherwise be selected for admission, engaged in any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees, the public housing agency or owner may—

(1)deny such applicant admission to the program or to federally assisted housing; and

(2)after the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or to federally assisted housing, to submit to the public housing agency or owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant’s household who engaged in criminal activity for which denial was made under paragraph

(1)have not engaged in any criminal activity during such reasonable period.

(Pub. L. 105–276, title V, § 576, Oct. 21, 1998, 112 Stat. 2639.)

Connections74 cite this · traces to 2

Cited by 74 sections · top 52

public-private-law

Public Law 117-103
Consolidated Appropriations Act, 2022

U.S. Code

§ 1437d
Contract provisions and requirements; loans and annual contributions

CFR

statutes-at-large

Public Law 117–103
Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes

statute-compilations

bill

Traces to 2 documents

U.S. Code

5 references not yet in our index

Pub. L. 105–276, title V, § 576
112 Stat. 2639
Pub. L. 102–550
section 576 of Pub. L. 105–276
section 503 of Pub. L. 105–276

Citation graph

cites case law

§ 13661

Screening of applicants for federally assisted housing

Bills×48

Fed. Reg.×17

C.F.R.×4

Stat. Comp.×2

Pub. L.×1

Stat.×1

U.S.C.×1

U.S.C.§ 1437a

U.S.C.§ 1437

Pub. L.Pub. L. 105–276, title V, § 576

Stat.112 Stat. 2639

Pub. L.Pub. L. 102–550

Pub. L.section 576 of Pub. L. 105–276

Pub. L.section 503 of Pub. L. 105–276

Cites 7Cited by 74 across 7 sources