
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: 42USC13663]

 
                 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. 13663. Ineligibility of dangerous sex offenders for 
        admission to public housing
        

(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.

(Pub. L. 105-276, title V, Sec. 578, Oct. 21, 1998, 112 Stat. 2641.)

                          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.
