I 

108TH CONGRESS 

1ST SESSION H. R. 1429

To protect tenants in public housing and housing assisted under the rental 

assistance program under section 8 of the United States Housing Act 

of 1937 who are victims from eviction by reason of criminal activity. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2003

Ms. LEE (for herself, Ms. JACKSON-LEE of Texas, Ms. SCHAKOWSKY, Mr. 

GEORGE MILLER of California, Ms. KILPATRICK, Mr. SANDERS, Ms. 

CORRINE BROWN of Florida, and Ms. EDDIE BERNICE JOHNSON of 

Texas) introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL

To protect tenants in public housing and housing assisted 

under the rental assistance program under section 8 

of the United States Housing Act of 1937 who are 

victims from eviction by reason of criminal activity.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘One Strike and You’re 

5 Out! Act of 2003’’. 
2

•HR 1429 IH 

1 SEC. 2. PUBLIC HOUSING TENANTS. 

2 Paragraph (6) of section 6(l) of the United States 

3 Housing Act of 1937 (42 U.S.C. 1437d(l)(6)) is amended 

4 by inserting before the semicolon at the end the following: 

5 ‘‘; except that such criminal activity, engaged in by a 

6 member of a tenant’s household or any guest or other per7 son under the tenant’s control, shall not be cause for ter8 mination of tenancy of the tenant if the tenant or imme9 diate member of the tenant’s family is a victim of domestic 

10 violence or dating violence and, as a result, could not con11 trol or prevent the criminal activity relating to domestic 

12 violence or dating violence; and except that nothing in this 

13 paragraph may be construed to limit the authority of a 

14 public housing agency to evict individuals who engage in 

15 criminal acts of physical violence against family members 

16 or others, and in all cases, a public housing agency shall 

17 consider the safety, security, and continued maintenance 

18 of victims of domestic violence to be of paramount impor19 tance’’. 

20 SEC. 3. TENANTS OF HOUSING ASSISTED UNDER SECTION 8 

21 PROGRAM. 

22 Clause (iii) of section 8(d)(1)(B) of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)(iii)) is 

24 amended by inserting before the semicolon at the end the 

25 following: ‘‘; except that such criminal activity, engaged 

26 in by a member of a tenant’s household or any guest or 
3

•HR 1429 IH 

1 other person under the tenant’s control, shall not be cause 

2 for termination of tenancy of the tenant if the tenant or 

3 immediate member of the tenant’s family is a victim of 

4 domestic violence or dating violence and, as a result, could 

5 not control or prevent the criminal activity relating to do6 mestic violence or dating violence; and except that nothing 

7 in this clause may be construed to limit the authority of 

8 a public housing agency to evict individuals who engage 

9 in criminal acts of physical violence against family mem10 bers or others, and in all cases, a public housing agency 

11 shall consider the safety, security, and continued mainte12 nance of victims of domestic violence to be of paramount 

13 importance’’. 

14 SEC. 4. REPORTING BY PHAS ON EVICTIONS FOR DOMES15 TIC AND DATING VIOLENCE. 

16 Section 6 of the United States Housing Act of 1937 

17 (42 U.S.C. 1437d) is amended by inserting after sub18 section (o) the following new subsection: 

19 ‘‘(p) REPORTS ON EVICTIONS FOR DOMESTIC AND

20 DATING VIOLENCE.—Each public housing agency shall 

21 submit a report annually to the Secretary on the number 

22 of persons whose tenancy in public housing of the agency 

23 was terminated, and the number whose tenancy in housing 

24 assisted by the agency with amounts made available under 
4

•HR 1429 IH 

1 section 8 was terminated, because of criminal activity re2 lating to domestic violence or dating violence.’’.

Æ