
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: 42USC13662]

 
                 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. 13662. Termination of tenancy and assistance for illegal 
        drug users and alcohol abusers in federally assisted housing
        

(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, Sec. 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.

                  Section Referred to in Other Sections

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