42-U.S.C.-13661
§13661 – Screening of Applicants For Federally Assisted Housing
Pathway
Title 42 > Chapter 135 > Subchapter V > Section 13661
Details
- Reference: Section 13661
- Legend: §13661 – Screening of Applicants For Federally Assisted Housing
- USCode Year: 2011
Provision Content
(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 members 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 applicants 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 applicants 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.)
Codification
Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which comprise this chapter.
Section is comprised of section 576 of Pub. L. 105–276. Subsec. (d) of section 576 of Pub. L. 105–276 amended sections 1437d and 1437n of this title.
Effective Date
Subchapter effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of subchapter before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-13613 in the Legal Encyclopedia: Welfare
In this entry about 42-U.S.C.-13613, find legal reference material, bibliographies and premiere content related to welfare in the American Encyclopedia of Law, presenting a comprehensive view of the United States welfare-specific issues, written by authorities in the field.
Subchapter IV – General Provisions in the Legal Encyclopedia: Assisted Housing
In this entry about Subchapter IV – General Provisions, find legal reference material, bibliographies and premiere content related to assisted housing in the American Encyclopedia of Law, presenting a comprehensive view of the United States assisted housing-specific issues, written by authorities in the field.
Leave a Reply