42-U.S.C.-13662

42-U.S.C.-13662

§13662 – Termination of Tenancy and Assistance For Illegal Drug Users and Alcohol Abusers In Federally Assisted Housing

Pathway

Title 42 > Chapter 135 > Subchapter V > Section 13662

Details

  • Reference: Section 13662
  • Legend: §13662 – Termination of Tenancy and Assistance For Illegal Drug Users and Alcohol Abusers In Federally Assisted Housing
  • USCode Year: 2011

Provision Content

(a) In general

Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing (as applicable), shall establish standards or lease provisions for continued assistance or occupancy in federally assisted housing that allow the agency or owner (as applicable) to terminate the tenancy or assistance for any household with a member—

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

(2) whose illegal use (or pattern of illegal use) of a controlled substance, or whose abuse (or pattern of abuse) of alcohol, is determined by the public housing agency or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

(b) Consideration of rehabilitation

In determining whether, pursuant to subsection (a)(2) of this section, to terminate tenancy or assistance 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—

(1) 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);

(2) 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

(3) 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).

(Pub. L. 105–276, title V, §577, Oct. 21, 1998, 112 Stat. 2640.)

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.

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.

Topic Map


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *