
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13661]

 
                 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
 
Sec. 13661. Screening of applicants for federally assisted 
        housing
        

(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.

(Pub. L. 105-276, title V, Sec. 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.

                  Section Referred to in Other Sections

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