
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13603]

 
                 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
 
Sec. 13603. Establishment of criteria for occupancy


(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.

(Pub. L. 102-550, title VI, Sec. 643, Oct. 28, 1992, 106 Stat. 3821.)

                       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.

                  Section Referred to in Other Sections

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