§ 13663. Ineligibility of dangerous sex offenders for admission to public housing

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(a)In general Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program.

(b)Obtaining information As provided in regulations issued by the Secretary to carry out this section—

(1)a public housing agency shall carry out criminal history background checks on applicants for federally assisted housing and make further inquiry with State and local agencies as necessary to determine whether an applicant for federally assisted housing is subject to a lifetime registration requirement under a State sex offender registration program; and

(2)State and local agencies responsible for the collection or maintenance of criminal history record information or information on persons required to register as sex offenders shall comply with requests of public housing agencies for information pursuant to this section.

(c)Requests by owners for PHAs to obtain information A public housing agency may take any action under subsection

(b)regarding applicants for, or tenants of, federally assisted housing other than federally assisted housing described in subparagraph

(A)or

(B)of section 13664(a)(2) of this title, but only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency take such action on behalf of the owner. Upon such a request by the owner, the agency shall take the action requested under subsection (b). The agency may not make any information obtained pursuant to the action under subsection

(b)available to the owner but shall perform determinations for the owner regarding screening, lease enforcement, and eviction based on criteria supplied by the owner.

(d)Opportunity to dispute Before an adverse action is taken with respect to an applicant for federally assisted housing on the basis that an individual is subject to a lifetime registration requirement under a State sex offender registration program, the public housing agency obtaining the record shall provide the tenant or applicant with a copy of the registration information and an opportunity to dispute the accuracy and relevance of that information.

(e)Fee A public housing agency may be charged a reasonable fee for taking actions under subsection (b). In the case of a public housing agency taking actions on behalf of another owner of federally assisted housing pursuant to subsection (c), the agency may pass such fee on to the owner making the request and may charge an additional reasonable fee for making the request on behalf of the owner.

(f)Records management Each public housing agency shall establish and implement a system of records management that ensures that any criminal record or information regarding a lifetime registration requirement under a State sex offender registration program that is obtained under this section by the public housing agency is—

(1)maintained confidentially;

(2)not misused or improperly disseminated; and

(3)destroyed, once the purpose for which the record was requested has been accomplished.

(Pub. L. 105–276, title V, § 578, Oct. 21, 1998, 112 Stat. 2641.)

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Cited by 25 sections · top 19

CFR

§ 5.901
To what criminal records and searches does this subpart apply?

statute-compilations

Sec. 578
INELIGIBILITY OF DANGEROUS SEX OFFENDERS FOR ADMISSION TO PUBLIC HOUSING

statutes-at-large

Public Law 105–276
Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes

bill

Traces to 2 documents

U.S. Code

4 references not yet in our index

Pub. L. 105–276, title V, § 578
112 Stat. 2641
Pub. L. 102–550
section 503 of Pub. L. 105–276

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cites case law

§ 13663

Ineligibility of dangerous sex offenders for admission to public housing

Bills×19

Fed. Reg.×3

C.F.R.×1

Stat. Comp.×1

Stat.×1

U.S.C.§ 13664

U.S.C.§ 1437

Pub. L.Pub. L. 105–276, title V, § 578

Stat.112 Stat. 2641

Pub. L.Pub. L. 102–550

Pub. L.section 503 of Pub. L. 105–276

Cites 6Cited by 25 across 5 sources