US (United States) Code. Title 42. Chapter 135: Residency and service requirements in federally assistence housing

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS

IN FEDERALLY ASSISTED HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

-HEAD-

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

-MISC1-

SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY

ASSISTED HOUSING

Sec.

13601. Compliance by owners as condition of Federal

assistance.

13602. Compliance with criteria for occupancy as requirement

for tenancy.

13603. Establishment of criteria for occupancy.

(a) Task force.

(b) Rulemaking.

13604. Assisted applications.

(a) Authority.

(b) Maintenance of information.

(c) Limitations.

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN CERTAIN SECTION 8

ASSISTED HOUSING

13611. Authority.

13612. Reservation of units for disabled families.

(a) Requirement.

(b) Number of units.

13613. Secondary preferences.

(a) Insufficient elderly families.

(b) Insufficient non-elderly disabled families.

13614. General availability of units.

13615. Preference within groups.

13616. Prohibition of evictions.

13617. Treatment of covered section 8 housing not subject to

elderly preference.

13618. Treatment of other federally assisted housing.

(a) Restricted occupancy.

(b) Prohibition of evictions.

13619. "Covered section 8 housing" defined.

13620. Study.

SUBCHAPTER III - SERVICE COORDINATORS FOR ELDERLY AND DISABLED

RESIDENTS OF FEDERALLY ASSISTED HOUSING

13631. Requirement to provide service coordinators.

(a) In general.

(b) Responsibilities.

(c) Included services.

(d) Covered federally assisted housing.

(e) Services for low-income elderly or disabled

families residing in vicinity of certain

projects.

(f) Protection against telemarketing fraud.

13632. Grants for costs of providing service coordinators in

certain federally assisted housing.

(a) Authority.

(b) Application and selection.

(c) Eligible project expense.

SUBCHAPTER IV - GENERAL PROVISIONS

13641. Definitions.

13642. Applicability.

13643. Regulations.

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

13661. Screening of applicants for federally assisted

housing.

(a) Ineligibility because of eviction for drug

crimes.

(b) Ineligibility of illegal drug users and alcohol

abusers.

(c) Authority to deny admission to criminal

offenders.

13662. Termination of tenancy and assistance for illegal drug

users and alcohol abusers in federally assisted

housing.

(a) In general.

(b) Consideration of rehabilitation.

13663. Ineligibility of dangerous sex offenders for admission

to public housing.

(a) In general.

(b) Obtaining information.

(c) Requests by owners for PHAs to obtain

information.

(d) Opportunity to dispute.

(e) Fee.

(f) Records management.

13664. Definitions.

-End-

-CITE-

42 USC SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF

RESIDENCY IN FEDERALLY ASSISTED HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY

ASSISTED HOUSING

-HEAD-

SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY

ASSISTED HOUSING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1437d, 1437f of this

title; title 12 section 1701q.

-End-

-CITE-

42 USC Sec. 13601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY

ASSISTED HOUSING

-HEAD-

Sec. 13601. Compliance by owners as condition of Federal assistance

-STATUTE-

The Secretary of Housing and Urban Development shall require

owners of federally assisted housing (as such term is defined in

section 13641(2) of this title), as a condition of receiving

housing assistance for such housing, to comply with the procedures

and requirements established under this subchapter.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 641, Oct. 28, 1992, 106 Stat.

3820.)

-MISC1-

EFFECTIVE DATE

Chapter applicable upon expiration of 6-month period beginning

Oct. 28, 1992, except as otherwise provided, see section 13642 of

this title.

-End-

-CITE-

42 USC Sec. 13602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY

ASSISTED HOUSING

-HEAD-

Sec. 13602. Compliance with criteria for occupancy as requirement

for tenancy

-STATUTE-

In selecting tenants for occupancy of units in federally assisted

housing, an owner of such housing shall utilize the criteria for

occupancy in federally assisted housing established by the

Secretary, by regulation, under section 13603 of this title. If an

owner determines that an applicant for occupancy in the housing

does not meet such criteria, the owner may deny such applicant

occupancy.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 642, Oct. 28, 1992, 106 Stat.

3821.)

-End-

-CITE-

42 USC Sec. 13603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY

ASSISTED HOUSING

-HEAD-

Sec. 13603. Establishment of criteria for occupancy

-STATUTE-

(a) Task force

(1) Establishment

To assist the Secretary in establishing reasonable criteria for

occupancy in federally assisted housing, the Secretary shall

establish a task force to review all rules, policy statements,

handbooks, technical assistance memoranda, and other relevant

documents issued by the Department of Housing and Urban

Development on the standards and obligations governing residency

in federally assisted housing and make recommendations to the

Secretary for the establishment of such criteria for occupancy.

(2) Members

The Secretary shall appoint members to the task force, which

shall include individuals representing the interests of owners,

managers, and tenants of federally assisted housing, public

housing agencies, owner and tenant advocacy organizations,

persons with disabilities and disabled families, organizations

assisting homeless individuals, and social service, mental

health, and other nonprofit servicer providers who serve

federally assisted housing.

(3) Compensation

Members of the task force shall not receive compensation for

serving on the task force.

(4) Duties

The task force shall -

(A) review all existing standards, regulations, and

guidelines governing occupancy and tenant selection policies in

federally assisted housing;

(B) review all existing standards, regulations, and

guidelines governing lease provisions and other rules of

occupancy for federally assisted housing;

(C) determine whether the standards, regulations, and

guidelines reviewed under subparagraphs (A) and (B) provide

sufficient guidance to owners and managers of federally

assisted housing to -

(i) develop procedures for preselection inquiries

sufficient to determine the capacity of applicants to comply

with reasonable lease terms and conditions of occupancy;

(ii) utilize leases that prohibit behavior which endangers

the health or safety of other tenants or violates the rights

of other tenants to peaceful enjoyment of the premises;

(iii) assess the need to provide, and appropriate measures

for providing, reasonable accommodations required under the

Fair Housing Act [42 U.S.C. 3601 et seq.] and section 794 of

title 29 for persons with various types of disabilities; and

(iv) comply with civil rights laws and regulations;

(D) propose criteria for occupancy in federally assisted

housing, standards for the reasonable performance and behavior

of tenants of federally assisted housing, compliance standards

consistent with the reasonable accommodation of the

requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.]

and section 794 of title 29, standards for compliance with

other civil rights laws, and procedures for the eviction of

tenants not complying with such standards consistent with

sections 1437d and 1437f of this title; and

(E) report to the Congress and the Secretary of Housing and

Urban Development pursuant to paragraph (7).

(5) Procedure

In carrying out its duties, the task force shall hold public

hearings and receive written comments for a period of not less

than 60 days.

(6) Support

The Secretary of Housing and Urban Development shall cooperate

fully with the task force and shall provide support staff and

office space to assist the task force in carrying out its duties.

(7) Reports

Not later than 3 months after October 28, 1992, the task force

shall submit to the Secretary and the Congress a preliminary

report describing its initial actions. Not later than 6 months

after October 28, 1992, the task force shall submit a report to

the Secretary and the Congress, which shall include -

(A) a description of its findings; and

(B) recommendations to revise such standards, regulations,

and guidelines to provide accurate and complete guidance to

owners and managers of federally assisted housing as determined

necessary under paragraph (4).

(b) Rulemaking

(1) Authority

The Secretary shall, by regulation, establish criteria for

selection of tenants for occupancy in federally assisted housing

and lease provisions for such housing.

(2) Standards

The criteria shall provide sufficient guidance to owners and

managers of federally assisted housing to enable them to (A)

select tenants capable of complying with reasonable lease terms,

(B) utilize leases prohibiting behavior which endangers the

health or safety of others or violates the right of other tenants

to peaceful enjoyment of the premises, (C) comply with legal

requirements to make reasonable accommodations for persons with

disabilities, and (D) comply with civil rights laws. The criteria

shall be consistent with the requirements under subsections (k)

and (l) of section 1437d of this title and section 1437f(d)(1) of

this title and any similar contract and lease requirements for

federally assisted housing. In establishing the criteria, the

Secretary shall take into consideration the report of the task

force under subsection (a)(7) of this section.

(3) Procedure

Not later than 90 days after the submission of the final report

under subsection (a)(7) of this section, the Secretary shall

issue a notice of proposed rulemaking of the regulations under

this subsection providing for notice and opportunity for public

comment regarding the regulations, pursuant to the provisions of

section 553 of title 5 (notwithstanding subsections (a)(2),

(b)(B), and (d)(3) of such section). The duration of the period

for public comment under such section 553 shall not be less than

60 days. The Secretary shall issue final regulations under this

subsection not later than the expiration of the 60-day period

beginning upon the conclusion of the comment period, which shall

take effect upon issuance.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 643, Oct. 28, 1992, 106 Stat.

3821.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Housing Act, referred to in subsec. (a)(4)(C)(iii), (D),

is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as

amended, which is classified principally to subchapter I (Sec. 3601

et seq.) of chapter 45 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

3601 of this title and Tables.

The civil rights laws, referred to in subsecs. (a)(4)(C)(iv), (D)

and (b)(2)(D), are classified generally to chapter 21 (Sec. 1981 et

seq.) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13602 of this title.

-End-

-CITE-

42 USC Sec. 13604 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER I - STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY

ASSISTED HOUSING

-HEAD-

Sec. 13604. Assisted applications

-STATUTE-

(a) Authority

The Secretary shall provide that any individual or family

applying for occupancy in federally assisted housing may include in

the application for the housing the name, address, phone number,

and other relevant information of a family member, friend, or

social, health, advocacy, or other organization, and that the owner

shall treat such information as confidential.

(b) Maintenance of information

The Secretary shall require the owner of any federally assisted

housing receiving an application including such information to

maintain such information for any applicants who become tenants of

the housing, for the purposes of facilitating contact by the owner

with such person or organization to assist in providing any

services or special care for the tenant and assist in resolving any

relevant tenancy issues arising during the tenancy of such tenant.

(c) Limitations

An owner of federally assisted housing may not require any

individual or family applying for occupancy in the housing to

provide the information described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 644, Oct. 28, 1992, 106 Stat.

3823.)

-End-

-CITE-

42 USC SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES

FOR ELDERLY RESIDENTS AND UNITS FOR DISABLED

RESIDENTS IN CERTAIN SECTION 8 ASSISTED

HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN CERTAIN SECTION 8

ASSISTED HOUSING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1437f of this title.

-End-

-CITE-

42 USC Sec. 13611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13611. Authority

-STATUTE-

Notwithstanding any other provision of law, an owner of a covered

section 8 housing project (as such term is defined in section 13619

of this title) designed primarily for occupancy by elderly families

may, in selecting tenants for units in the project that become

available for occupancy, give preference to elderly families who

have applied for occupancy in the housing, subject to the

requirements of this subchapter.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 651, Oct. 28, 1992, 106 Stat.

3823.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

subtitle", meaning subtitle D of title VI of Pub. L. 102-550, Oct.

28, 1992, 106 Stat. 3823, which enacted this subchapter and amended

section 1437f of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13612, 13613, 13615 of

this title.

-End-

-CITE-

42 USC Sec. 13612 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13612. Reservation of units for disabled families

-STATUTE-

(a) Requirement

Notwithstanding any other provision of law, for any project for

which an owner gives preference in occupancy to elderly families

pursuant to section 13611 of this title, such owner shall (subject

to sections 13613, 13614, and 13615 of this title) reserve units in

the project for occupancy only by disabled families who are not

elderly or near-elderly families (and who have applied for

occupancy in the housing) in the number determined under subsection

(b) of this section.

(b) Number of units

Each owner required to reserve units in a project for occupancy

under subsection (a) of this section shall reserve a number of

units in the project that is not less than the lesser of -

(1) the number of units equivalent to the higher of -

(A) the percentage of units in the project that were occupied

by such disabled families upon October 28, 1992; or

(B) the percentage of units in the project that were occupied

by such families upon January 1, 1992; or

(2) 10 percent of the number of units in the project.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 652, Oct. 28, 1992, 106 Stat.

3823.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13613, 13615, 13616 of

this title.

-End-

-CITE-

42 USC Sec. 13613 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13613. Secondary preferences

-STATUTE-

(a) Insufficient elderly families

If an owner of a covered section 8 housing project in which

elderly families are given a preference for occupancy pursuant to

section 13611 of this title determines (in accordance with

regulations established by the Secretary) that there are

insufficient numbers of elderly families who have applied for

occupancy in the housing to fill all the units in the project not

reserved under section 13612 of this title, the owner may give

preference for occupancy of such units to disabled families who are

near-elderly families and have applied for occupancy in the

housing.

(b) Insufficient non-elderly disabled families

If an owner of a covered section 8 housing project in which

elderly families are given a preference for occupancy pursuant to

section 13611 of this title determines (in accordance with

regulations established by the Secretary) that there are

insufficient numbers of disabled families who are not elderly or

near-elderly families and have applied for occupancy in the housing

to fill all the units in the project reserved under section 13612

of this title, the owner may give preference for occupancy of units

so reserved to disabled families who are near-elderly families and

have applied for occupancy in the housing.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 653, Oct. 28, 1992, 106 Stat.

3824.)

-REFTEXT-

REFERENCES IN TEXT

Covered section 8 housing, referred to in text, is defined in

section 13619 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13612, 13614, 13615 of

this title.

-End-

-CITE-

42 USC Sec. 13614 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13614. General availability of units

-STATUTE-

If an owner of a covered section 8 housing project in which

disabled families who are near-elderly families are given a

preference for occupancy pursuant to subsection (a) or (b) of

section 13613 of this title determines (in accordance with

regulations established by the Secretary) that there are an

insufficient number of such families to fill all the units in the

project for which the preference is applicable, the owner shall

make such units generally available for occupancy by families who

have applied, and are eligible, for occupancy in the housing,

without regard to the preferences established pursuant to this

subchapter.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 654, Oct. 28, 1992, 106 Stat.

3824.)

-REFTEXT-

REFERENCES IN TEXT

Covered section 8 housing, referred to in text, is defined in

section 13619 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13612 of this title.

-End-

-CITE-

42 USC Sec. 13615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13615. Preference within groups

-STATUTE-

Among disabled families qualifying for occupancy in units

reserved under section 13612 of this title, and among elderly

families and near-elderly families qualifying for preference for

occupancy pursuant to section 13611 or 13613 of this title,

preference for occupancy in units that are assisted under section

1437f of this title shall be given to disabled families according

to any preferences established under any system established under

section 1437f(d)(1)(A) of this title by the public housing agency.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 655, Oct. 28, 1992, 106 Stat.

3824; Pub. L. 104-99, title IV, Sec. 402(d)(6)(C), Jan. 26, 1996,

110 Stat. 43; Pub. L. 105-276, title V, Sec. 514(b)(2)(B), Oct. 21,

1998, 112 Stat. 2548.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-276 substituted "shall be given to disabled

families according to any preferences established under any system

established under section 1437f(d)(1)(A) of this title by the

public housing agency." for "shall be given to disabled families

according to the preferences for occupancy referred to in section

1437f(d)(1)(A)(i) of this title and the first sentence of section

1437f(o)(3)(B) of this title, to elderly families according to such

preferences, and to near-elderly families according to such

preferences, respectively."

1996 - Pub. L. 104-99, Sec. 402(d)(6)(C), (f), temporarily

substituted "any preferences" for "the preferences for occupancy

referred to in section 1437f(d)(1)(A)(i) of this title and the

first sentence of section 1437f(o)(3)(B) of this title, to elderly

families according to such preferences, and to near-elderly

families according to such preferences, respectively". See

Effective and Termination Dates of 1996 Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT

Amendment by Pub. L. 104-99 effective Jan. 26, 1996, only for

fiscal years 1996, 1997, and 1998, and to cease to be effective

Oct. 21, 1998, see section 402(f) of Pub. L. 104-99, as amended,

and section 514(f) of Pub. L. 105-276, set out as notes under

section 1437a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13612 of this title.

-End-

-CITE-

42 USC Sec. 13616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13616. Prohibition of evictions

-STATUTE-

Any tenant who, except for reservation of a percentage of the

units of a project pursuant to section 13612 of this title or any

preference for occupancy established pursuant to this subchapter,

is lawfully residing in a dwelling unit in a covered section 8

housing project, may not be evicted or otherwise required to vacate

such unit because of the reservation or preferences or because of

any action taken by the Secretary of Housing and Urban Development

or the owner of the project pursuant to this subchapter.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 656, Oct. 28, 1992, 106 Stat.

3824.)

-REFTEXT-

REFERENCES IN TEXT

Covered section 8 housing, referred to in text, is defined in

section 13619 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437f, 13611 of this

title.

-End-

-CITE-

42 USC Sec. 13617 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13617. Treatment of covered section 8 housing not subject to

elderly preference

-STATUTE-

If an owner of any covered section 8 housing project designed

primarily for occupancy by elderly families does not give

preference in occupancy to elderly families as authorized in this

subchapter, then elderly families (as such term was defined in

section 1437a of this title before October 28, 1992) shall be

eligible for occupancy in such housing to the same extent that such

families were eligible before October 28, 1992.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 657, Oct. 28, 1992, 106 Stat.

3825.)

-REFTEXT-

REFERENCES IN TEXT

Covered section 8 housing, referred to in text, is defined in

section 13619 of this title.

-End-

-CITE-

42 USC Sec. 13618 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13618. Treatment of other federally assisted housing

-STATUTE-

(a) Restricted occupancy

An owner of any federally assisted project (or portion of a

project) as described in subparagraphs (D), (E), and (F) of section

13641(2) of this title that was designed for occupancy by elderly

families may continue to restrict occupancy in such project (or

portion) to elderly families in accordance with the rules,

standards, and agreements governing occupancy in such housing in

effect at the time of the development of the housing.

(b) Prohibition of evictions

Any tenant who is lawfully residing in a dwelling unit in a

housing project described in subsection (a) of this section may not

be evicted or otherwise required to vacate such unit because of any

reservation or preferences under this subchapter or because of any

action taken by the Secretary of Housing and Urban Development or

the owner of the project pursuant to this subchapter.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 658, Oct. 28, 1992, 106 Stat.

3825.)

-End-

-CITE-

42 USC Sec. 13619 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13619. "Covered section 8 housing" defined

-STATUTE-

For purposes of this subchapter, the term "covered section 8

housing" means housing described in section 13641(2)(G) of this

title that was originally designed for occupancy by elderly

families.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 659, Oct. 28, 1992, 106 Stat.

3825.)

-End-

-CITE-

42 USC Sec. 13620 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER II - AUTHORITY TO PROVIDE PREFERENCES FOR ELDERLY

RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN

CERTAIN SECTION 8 ASSISTED HOUSING

-HEAD-

Sec. 13620. Study

-STATUTE-

The Secretary of Housing and Urban Development shall conduct a

study to determine the extent to which Federal housing programs

serve elderly families, disabled families, and families with

children, in relation to the need of such families who are eligible

for assistance under such programs. The Secretary shall submit a

report to the Congress describing the study and the findings of the

study not later than the expiration of the 1-year period beginning

on October 28, 1992.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 661, Oct. 28, 1992, 106 Stat.

3825.)

-End-

-CITE-

42 USC SUBCHAPTER III - SERVICE COORDINATORS FOR ELDERLY

AND DISABLED RESIDENTS OF FEDERALLY ASSISTED

HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER III - SERVICE COORDINATORS FOR ELDERLY AND DISABLED

RESIDENTS OF FEDERALLY ASSISTED HOUSING

-HEAD-

SUBCHAPTER III - SERVICE COORDINATORS FOR ELDERLY AND DISABLED

RESIDENTS OF FEDERALLY ASSISTED HOUSING

-End-

-CITE-

42 USC Sec. 13631 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER III - SERVICE COORDINATORS FOR ELDERLY AND DISABLED

RESIDENTS OF FEDERALLY ASSISTED HOUSING

-HEAD-

Sec. 13631. Requirement to provide service coordinators

-STATUTE-

(a) In general

To the extent that amounts are made available for providing

service coordinators under this section, the Secretary shall

require owners of covered federally assisted housing projects (as

such term is defined in subsection (d) of this section) receiving

such amounts to provide for employing or otherwise retaining the

services of one or more individuals to coordinate the provision of

supportive services for elderly and disabled families residing in

the projects (in this section referred to as a "service

coordinator"). No such elderly or disabled family may be required

to accept services.

(b) Responsibilities

Each service coordinator of a covered federally assisted housing

project provided pursuant to this subtitle (!1) or the amendments

made by this subtitle - (!1)

(1) shall consult with the owner of the housing, tenants, any

tenant organizations, any resident management organizations,

service providers, and any other appropriate persons, to identify

the particular needs and characteristics of elderly and disabled

families who reside in the project and any supportive services

related to such needs and characteristics;

(2) shall manage and coordinate the provision of such services

for residents of the project;

(3) may provide training to tenants of the project in the

obligations of tenancy or coordinate such training;

(4) shall meet the minimum qualifications and standards

required under section 8011(d)(4) of this title; and

(5) may carry out other appropriate activities for residents of

the project.

(c) Included services

Supportive services referred to under subsection (b)(1) of this

section may include health-related services, mental health

services, services for nonmedical counseling, meals,

transportation, personal care, bathing, toileting, housekeeping,

chore assistance, safety, group and socialization activities,

assistance with medications (in accordance with any applicable

State laws), case management, personal emergency response,

education and outreach regarding telemarketing fraud in accordance

with the standards issued under subsection (f) of this section, and

other appropriate services. The services may be provided through

any agency of the Federal Government or any other public or private

department, agency, or organization.

(d) Covered federally assisted housing

For purposes of this subtitle,(!1) the term "covered federally

assisted housing" means housing that is federally assisted housing

(as such term is defined in section 13641(2) of this title), except

that such term does not include housing described in subparagraphs

(C) and (D) of such section.

(e) Services for low-income elderly or disabled families residing

in vicinity of certain projects

To the extent only that this section applies to service

coordinators for covered federally assisted housing described in

subparagraphs (B), (C), (D), (E), (F), and (G) of section 13641(2)

of this title, any reference in this section to elderly or disabled

residents of a project shall be construed to include low-income

elderly or disabled families living in the vicinity of such

project.

(f) Protection against telemarketing fraud

(1) In general

The Secretary, in coordination with the Secretary of Health and

Human Services, shall establish standards for service

coordinators in federally assisted housing who are providing

education and outreach to elderly persons residing in such

housing regarding telemarketing fraud. The standards shall be

designed to ensure that such education and outreach informs such

elderly persons of the dangers of telemarketing fraud and

facilitates the investigation and prosecution of telemarketers

engaging in fraud against such residents.

(2) Contents

The standards established under this subsection shall require

that any such education and outreach be provided in a manner that

-

(A) informs such residents of -

(i) the prevalence of telemarketing fraud targeted against

elderly persons;

(ii) how telemarketing fraud works;

(iii) how to identify telemarketing fraud;

(iv) how to protect themselves against telemarketing fraud,

including an explanation of the dangers of providing bank

account, credit card, or other financial or personal

information over the telephone to unsolicited callers;

(v) how to report suspected attempts at telemarketing

fraud; and

(vi) their consumer protection rights under Federal law;

(B) provides such other information as the Secretary

considers necessary to protect such residents against

fraudulent telemarketing; and

(C) disseminates the information provided by appropriate

means, and in determining such appropriate means, the Secretary

shall consider on-site presentations at federally assisted

housing, public service announcements, a printed manual or

pamphlet, an Internet website, and telephone outreach to

residents whose names appear on "mooch lists" confiscated from

fraudulent telemarketers.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 671, Oct. 28, 1992, 106 Stat.

3826; Pub. L. 106-569, title VIII, Sec. 851(b), (c)(2), Dec. 27,

2000, 114 Stat. 3024.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in subsecs. (b) and (d), means

subtitle E of title VI of Pub. L. 102-550, Oct. 28, 1992, 106 Stat.

3826, which enacted this subchapter, amended sections 1437f, 1437g,

and 8011 of this title and section 1701q of Title 12, Banks and

Banking, and enacted provisions set out as a note under section

1701q of Title 12.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-569, Sec. 851(b)(1), in first

sentence, substituted "for providing service coordinators under

this section," for "to carry out this subtitle pursuant to the

amendments made by this subtitle,".

Subsec. (c). Pub. L. 106-569, Sec. 851(c)(2)(A), in first

sentence, inserted "education and outreach regarding telemarketing

fraud in accordance with the standards issued under subsection (f)

of this section," after "response,".

Subsec. (d). Pub. L. 106-569, Sec. 851(b)(2), inserted closing

parenthesis after "section 13641(2) of this title".

Subsec. (e). Pub. L. 106-569, Sec. 851(b)(3), added subsec. (e).

Subsec. (f). Pub. L. 106-569, Sec. 851(c)(2)(B), added subsec.

(f).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by title VIII of Pub. L. 106-569 effective Dec. 27,

2000, unless effectiveness or applicability upon another date

certain is specifically provided for, with provisions relating to

effect of regulatory authority, see section 803 of Pub. L. 106-569,

set out as a note under section 1701q of Title 12, Banks and

Banking.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437f, 13632 of this

title; title 12 section 1701q.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13632 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER III - SERVICE COORDINATORS FOR ELDERLY AND DISABLED

RESIDENTS OF FEDERALLY ASSISTED HOUSING

-HEAD-

Sec. 13632. Grants for costs of providing service coordinators in

certain federally assisted housing

-STATUTE-

(a) Authority

The Secretary may make grants under this section to owners of

federally assisted housing projects described in subparagraphs (B),

(C), (D), (E), (F), and (G) of section 13641(2) of this title. Any

grant amounts shall be used for the costs of employing or otherwise

retaining the services of one or more service coordinators under

section 13631 of this title to coordinate the provision of any

services within the project for residents of the project who are

elderly families and disabled families (as such terms are defined

in section 13641 of this title). A service coordinator funded with

a grant under this section for a project may provide services to

low-income elderly or disabled families living in the vicinity of

such project.

(b) Application and selection

The Secretary shall provide for the form and manner of

applications for grants under this section and for selection of

applicants to receive such grants.

(c) Eligible project expense

For any federally assisted housing project described in

subparagraph (B), (C), (D), (E), (F), or (G) of section 13641(2) of

this title that does not receive a grant under this section, the

cost of employing or otherwise retaining the services of one or

more service coordinators under section 13631 of this title and not

more than 15 percent of the cost of providing services to the

residents of the project shall be considered an eligible project

expense, but only to the extent that amounts are available from

project rent and other income for such costs.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 676, Oct. 28, 1992, 106 Stat.

3828; Pub. L. 106-569, title VIII, Sec. 851(a), Dec. 27, 2000, 114

Stat. 3023.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-569, Sec. 851(a)(1), substituted "certain

federally assisted housing" for "multifamily housing assisted under

National Housing Act" in section catchline.

Subsec. (a). Pub. L. 106-569, Sec. 851(a)(2), substituted

"subparagraphs (B), (C), (D), (E), (F), and (G) of section 13641(2)

of this title" for "subparagraphs (E) and (F) of section 13641(2)

of this title", made technical amendment to reference in original

act which appears in text as reference to section 13631 of this

title, and inserted at end "A service coordinator funded with a

grant under this section for a project may provide services to

low-income elderly or disabled families living in the vicinity of

such project."

Subsec. (c). Pub. L. 106-569, Sec. 851(a)(4), redesignated

subsec. (d) as (c) and struck out heading and text of former

subsec. (c). Text read as follows: "There are authorized to be

appropriated for fiscal years 1993 and 1994 such sums as may be

necessary for grants under this section."

Subsec. (d). Pub. L. 106-569, Sec. 851(a)(4), redesignated

subsec. (d) as (c).

Pub. L. 106-569, Sec. 851(a)(3), substituted "subparagraph (B),

(C), (D), (E), (F), or (G) of section 13641(2) of this title" for

"subparagraph (E) or (F) of section 13641(2) of this title" and

made technical amendment to reference in original act which appears

in text as reference to section 13631 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by title VIII of Pub. L. 106-569 effective Dec. 27,

2000, unless effectiveness or applicability upon another date

certain is specifically provided for, with provisions relating to

effect of regulatory authority, see section 803 of Pub. L. 106-569,

set out as a note under section 1701q of Title 12, Banks and

Banking.

-End-

-CITE-

42 USC SUBCHAPTER IV - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 13641 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 13641. Definitions

-STATUTE-

For purposes of this title: (!1)

(1) Elderly, disabled, and near-elderly families

The terms "elderly family", "disabled family", and

"near-elderly family" have the meanings given the terms under

section 3(b)(3) of the United States Housing Act of 1937 [42

U.S.C. 1437a(b)(3)].

(2) Federally assisted housing

The terms "federally assisted housing" and "project" mean -

(A) a public housing project (as such term is defined in

section 3(b) of the United States Housing Act of 1937 [42

U.S.C. 1437a(b)]);

(B) housing for which project-based assistance is provided

under section 8 of the United States Housing Act of 1937 [42

U.S.C. 1437f];

(C) housing that is assisted under section 1701q of title 12;

(D) housing that is assisted under section 1701q of title 12,

as such section existed before November 28, 1990;

(E) housing financed by a loan or mortgage insured under

section 1715l(d)(3) of title 12 that bears interest at a rate

determined under the proviso of section 1715l(d)(5) of title

12;

(F) housing insured, assisted, or held by the Secretary or a

State or State agency under section 1715z-1 of title 12; and

(G) housing constructed or substantially rehabilitated

pursuant to assistance provided under section 8(b)(2) of the

United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as

in effect before October 1, 1983, that is assisted under a

contract for assistance under such section.

(3) Housing assistance

The term "housing assistance" means, with respect to federally

assisted housing, the grant, contribution, capital advance, loan,

mortgage insurance, or other assistance provided for the housing

under the provisions of law referred to in paragraph (2). The

term also includes any related assistance provided for the

housing by the Secretary, including any rental assistance for

low-income occupants.

(4) Owner

The term "owner" means, with respect to federally assisted

housing, the entity or private person, including a cooperative or

public housing agency, that has the legal right to lease or

sublease dwelling units in such housing.

(5) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 683, Oct. 28, 1992, 106 Stat.

3831.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, is title VI of Pub. L. 102-550,

Oct. 28, 1992, 106 Stat. 3802, which enacted this chapter, amended

sections 1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011 to 8013,

12705, 12901 to 12910, and 12912 of this title and section 1701q of

Title 12, Banks and Banking, enacted provisions set out as notes

under sections 1437a, 8011, and 12901 of this title and section

1701q of Title 12, and amended provisions set out as a note under

section 1701q of Title 12. For complete classification of this

title to the Code, see Short Title of 1992 Amendment note set out

under section 5301 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13601, 13618, 13619,

13631, 13632 of this title; title 12 section 1701q-2.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13642 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 13642. Applicability

-STATUTE-

Except as otherwise provided in subtitles B through F of this

title and the amendments made by such subtitles, such subtitles and

the amendments made by such subtitles shall apply upon the

expiration of the 6-month period beginning on October 28, 1992.

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 684, Oct. 28, 1992, 106 Stat.

3832.)

-REFTEXT-

REFERENCES IN TEXT

Subtitles B through F of this title, referred to in text, mean

subtitles B to F of title VI of Pub. L. 102-550, Oct. 28, 1992, 106

Stat. 3812-3830, which enacted this chapter, amended sections

1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011, 8013, and 12705 of

this title and section 1701q of Title 12, Banks and Banking, and

enacted provisions set out as notes under section 1437a of this

title and section 1701q of Title 12.

-End-

-CITE-

42 USC Sec. 13643 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-

Sec. 13643. Regulations

-STATUTE-

The Secretary shall issue regulations necessary to carry out

subtitles B through F of this title and the amendments made by such

subtitles not later than the expiration of the 6-month period

beginning on October 28, 1992. The regulations shall be issued

after notice and opportunity for public comment pursuant to the

provisions of section 553 of title 5 (notwithstanding subsections

(a)(2), (b)(B), and (d)(3) of such section).

-SOURCE-

(Pub. L. 102-550, title VI, Sec. 685, Oct. 28, 1992, 106 Stat.

3832.)

-REFTEXT-

REFERENCES IN TEXT

Subtitles B through F of this title, referred to in text, mean

subtitles B to F of title VI of Pub. L. 102-550, Oct. 28, 1992, 106

Stat. 3812-3830, which enacted this chapter, amended sections

1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011, 8013, and 12705 of

this title and section 1701q of Title 12, Banks and Banking, and

enacted provisions set out as notes under section 1437a of this

title and section 1701q of Title 12.

-End-

-CITE-

42 USC SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND

ASSISTED HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

-HEAD-

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

-End-

-CITE-

42 USC Sec. 13661 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

-HEAD-

Sec. 13661. Screening of applicants for federally assisted housing

-STATUTE-

(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.

-SOURCE-

(Pub. L. 105-276, title V, Sec. 576, Oct. 21, 1998, 112 Stat.

2639.)

-COD-

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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1437d of this title.

-End-

-CITE-

42 USC Sec. 13662 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

-HEAD-

Sec. 13662. Termination of tenancy and assistance for illegal drug

users and alcohol abusers in federally assisted housing

-STATUTE-

(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).

-SOURCE-

(Pub. L. 105-276, title V, Sec. 577, Oct. 21, 1998, 112 Stat.

2640.)

-COD-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1437d of this title.

-End-

-CITE-

42 USC Sec. 13663 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

-HEAD-

Sec. 13663. Ineligibility of dangerous sex offenders for admission

to public housing

-STATUTE-

(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)

of this section 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) of this section. The agency may not make any information

obtained pursuant to the action under subsection (b) of this

section 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) of this section. In the case of

a public housing agency taking actions on behalf of another owner

of federally assisted housing pursuant to subsection (c) of this

section, 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.

-SOURCE-

(Pub. L. 105-276, title V, Sec. 578, Oct. 21, 1998, 112 Stat.

2641.)

-COD-

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.

-End-

-CITE-

42 USC Sec. 13664 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY

ASSISTED HOUSING

SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

-HEAD-

Sec. 13664. Definitions

-STATUTE-

(a) (!1) Definitions

For purposes of this subchapter, the following definitions shall

apply:

(1) Drug-related criminal activity

The term "drug-related criminal activity" has the meaning given

the term in section 1437a(b) of this title.

(2) Federally assisted housing

The term "federally assisted housing" means a dwelling unit -

(A) in public housing (as such term is defined in section

1437a(b) of this title);

(B) assisted with tenant-based assistance under section 1437f

of this title;

(C) in housing that is provided project-based assistance

under section 1437f of this title, including new construction

and substantial rehabilitation projects;

(D) in housing that is assisted under section 1701q of title

12 (as amended by section 801 of the Cranston-Gonzalez National

Affordable Housing Act);

(E) in housing that is assisted under section 1701q of title

12, as such section existed before the enactment of the

Cranston-Gonzalez National Affordable Housing Act [November 28,

1990];

(F) in housing that is assisted under section 8013 of this

title;

(G) in housing financed by a loan or mortgage insured under

section 1715l(d)(3) of title 12 that bears interest at a rate

determined under the proviso of section 1715l(d)(5) of title

12;

(H) in housing insured, assisted, or held by the Secretary or

a State or State agency under section 1715z-1 of title 12; or

(I) in housing assisted under section 1484 or 1485 of this

title.

(3) Owner

The term "owner" means, with respect to federally assisted

housing, the entity or private person (including a cooperative or

public housing agency) that has the legal right to lease or

sublease dwelling units in such housing.

-SOURCE-

(Pub. L. 105-276, title V, Sec. 579, Oct. 21, 1998, 112 Stat.

2642.)

-REFTEXT-

REFERENCES IN TEXT

Section 801 of the Cranston-Gonzalez National Affordable Housing

Act, referred to in subsec. (a)(2)(D), is section 801 of Pub. L.

101-625.

-COD-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13663 of this title.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-