IIA

104TH CONGRESS

1ST SESSION H. R. 117

IN THE SENATE OF THE UNITED STATES

OCTOBER 25, 1995

Received; read twice and referred to the Committee on Banking, Housing, and

Urban Affairs

AN ACT

To amend the United States Housing Act of 1937 to prevent

persons having drug or alcohol use problems from occupying dwelling units in public housing projects designated

for occupancy by elderly families, and for other purposes.

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

2 This Act may be cited as the ‘‘Senior Citizens Hous3 ing Safety and Economic Relief Act of 1995’’.

4 SEC. 2. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO

5 PROHIBIT ADMISSION OF DRUG OR ALCOHOL

6 ABUSERS TO ASSISTED HOUSING.

7 Section 16 of the United States Housing Act of 1937

8 (42 U.S.C. 1437n) is amended—

9 (1) in the section heading by striking ‘‘IN10 COME’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(e) AUTHORITY TO LIMIT ADMISSION OF DRUG OR

14 ALCOHOL ABUSERS.—

15 ‘‘(1) IN GENERAL.—Notwithstanding any other

16 provision of law, a public housing agency may estab17 lish standards for occupancy in public housing dwell18 ing units and assistance under section 8, that pro19 hibit admission to such units and assistance under

20 such section by any individual—

21 ‘‘(A) who currently illegally uses a con22 trolled substance; or

23 ‘‘(B) whose history of illegal use of a con24 trolled substance or use of alcohol, or current

25 use of alcohol, provides reasonable cause for the

26 agency to believe that the occupancy by such in-
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1 dividual may interfere with the health, safety,

2 or right to peaceful enjoyment of the premises

3 by other residents.

4 ‘‘(2) CONSIDERATION OF REHABILITATION.—In

5 determining whether, pursuant to paragraph (1), to

6 deny admission or assistance to any elderly person

7 based on a history of use of a controlled substance

8 or alcohol, a public housing agency may consider

9 whether such elderly person—

10 ‘‘(A) has successfully completed a super11 vised drug or alcohol rehabilitation program (as

12 applicable) and is no longer engaging in the ille13 gal use of a controlled substance or use of alco14 hol (as applicable);

15 ‘‘(B) has otherwise been rehabilitated suc16 cessfully and is no longer engaging in the illegal

17 use of a controlled substance or use of alcohol

18 (as applicable); or

19 ‘‘(C) is participating in a supervised drug

20 or alcohol rehabilitation program (as applicable)

21 and is no longer engaging in the illegal use of

22 a controlled substance or use of alcohol (as ap23 plicable).’’.
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1 SEC. 3. DESIGNATED HOUSING FOR ELDERLY AND DIS2 ABLED FAMILIES.

3 (a) IN GENERAL.—Section 7 of the United States

4 Housing Act of 1937 (42 U.S.C. 1437e) is amended to

5 read as follows:

6 ‘‘DESIGNATED HOUSING FOR ELDERLY AND DISABLED

7 FAMILIES

8 ‘‘SEC. 7. (a) AUTHORITY TO PROVIDE DESIGNATED

9 HOUSING.—

10 ‘‘(1) IN GENERAL.—Subject only to provisions

11 of this section and notwithstanding any other provi12 sion of law, a public housing agency for which a plan

13 under subsection (d) is in effect may provide public

14 housing projects (or portions of projects) designated

15 for occupancy by (A) only elderly families, (B) only

16 disabled families, or (C) elderly and disabled fami17 lies.

18 ‘‘(2) PRIORITY FOR OCCUPANCY.—In determin19 ing priority for admission to public housing projects

20 (or portions of projects) that are designated for oc21 cupancy as provided in paragraph (1), the public

22 housing agency may make units in such projects (or

23 portions) available only to the types of families for

24 whom the project is designated.

25 ‘‘(3) ELIGIBILITY OF NEAR-ELDERLY FAMI26 LIES.—If a public housing agency determines that
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1 there are insufficient numbers of elderly families to

2 fill all the units in a project (or portion of a project)

3 designated under paragraph (1) for occupancy by

4 only elderly families, the agency may provide that

5 near-elderly families may occupy dwelling units in

6 the project (or portion).

7 ‘‘(4) LIMITATION ON OCCUPANCY IN PROJECTS

8 FOR ELDERLY FAMILIES.—

9 ‘‘(A) IN GENERAL.—Subject only to the

10 provisions of subsection (b) and notwithstand11 ing any other provision of law, a dwelling unit

12 in a project (or portion of a project) that is des13 ignated under paragraph (1) for occupancy by

14 only elderly families or by only elderly and dis15 abled families shall not be occupied by any indi16 vidual who is not an elderly person and—

17 ‘‘(i) who currently illegally uses a con18 trolled substance; or

19 ‘‘(ii) whose history of illegal use of a

20 controlled substance or use of alcohol, or

21 current use of alcohol, provides reasonable

22 cause for the agency to believe that the oc23 cupancy by such individual may interfere

24 with the health, safety, or right to peaceful
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1 enjoyment of the premises by other ten2 ants.

3 ‘‘(B) CONSIDERATION OF REHABILITA4 TION.—In determining whether, pursuant to

5 subparagraph (A), to deny occupancy to any in6 dividual based on a history of use of a con7 trolled substance or alcohol, a public housing

8 agency may consider the factors under section

9 16(e)(2).

10 ‘‘(b) STANDARDS REGARDING EVICTIONS.—

11 ‘‘(1) LIMITATION.—Except as provided in para12 graph (2), any tenant who is lawfully residing in a

13 dwelling unit in a public housing project may not be

14 evicted or otherwise required to vacate such unit be15 cause of the designation of the project (or portion of

16 a project) pursuant to this section or because of any

17 action taken by the Secretary or any public housing

18 agency pursuant to this section.

19 ‘‘(2) REQUIREMENT TO EVICT NONELDERLY

20 TENANTS IN HOUSING DESIGNATED FOR ELDERLY

21 FAMILIES WHO HAVE CURRENT DRUG OR ALCOHOL

22 ABUSE PROBLEMS.—The public housing agency ad23 ministering a project (or portion of a project) de24 scribed in subsection (a)(4)(A) shall evict any indi25 vidual who occupies a dwelling unit in such a project
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1 and who currently illegally uses a controlled sub2 stance or whose current use of alcohol provides a

3 reasonable cause for the agency to believe that the

4 occupancy by such individual may interfere with the

5 health, safety, or right to peaceful enjoyment of the

6 premises by other residents. This paragraph may not

7 be construed to require a public housing agency to

8 evict any other individual who occupies the same

9 dwelling unit as the individual required to be evicted.

10 ‘‘(c) RELOCATION ASSISTANCE.—A public housing

11 agency that designates any existing project or building,

12 or portion thereof, for occupancy as provided under sub13 section (a) shall provide, to each person and family relo14 cated in connection with such designation—

15 ‘‘(1) notice of the designation and relocation, as

16 soon as is practicable for the agency and the person

17 or family;

18 ‘‘(2) comparable housing (including appropriate

19 services and design features), which may include

20 tenant-based rental assistance under section 8, at a

21 rental rate that is comparable to that applicable to

22 the unit from which the person or family has va23 cated; and

24 ‘‘(3) payment of actual, reasonable moving ex25 penses.
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1 ‘‘(d) REQUIRED PLAN.—A plan under this subsection

2 for designating a project (or portion of a project) for occu3 pancy under subsection (a)(1) is a plan, prepared by the

4 public housing agency for the project and submitted to the

5 Secretary, that—

6 ‘‘(1) establishes that the designation of the

7 project is necessary—

8 ‘‘(A) to achieve the housing goals for the

9 jurisdiction under the comprehensive housing

10 affordability strategy under section 105 of the

11 Cranston-Gonzalez National Affordable Hous12 ing Act; and

13 ‘‘(B) to meet the housing needs of the low14 income population of the jurisdiction; and

15 ‘‘(2) includes a description of—

16 ‘‘(A) the project (or portion of a project)

17 to be designated;

18 ‘‘(B) the types of tenants for which the

19 project is to be designated;

20 ‘‘(C) any supportive services to be provided

21 to tenants of the designated project (or por22 tion);

23 ‘‘(D) how the agency will secure any addi24 tional resources or housing assistance that is

25 necessary to provide assistance to nonelderly
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1 disabled families that would have been housed

2 if occupancy in project were not restricted pur3 suant to this section; and

4 ‘‘(E) how the design and related facilities

5 (as such term is defined in section 202(d)(8) of

6 the Housing Act of 1959) of the project accom7 modate the special environmental needs of the

8 intended occupants.

9 For purposes of this subsection, the term ‘supportive serv10 ices’ means services designed to meet the special needs of

11 residents.

12 ‘‘(e) REVIEW OF PLANS.—

13 ‘‘(1) REVIEW AND NOTIFICATION.—The Sec14 retary shall conduct a limited review of each plan

15 under subsection (d) that is submitted to the Sec16 retary to ensure that the plan is complete and com17 plies with the requirements of subsection (d). The

18 Secretary shall notify each public housing agency

19 submitting a plan whether the plan complies with

20 such requirements not later than 60 days after re21 ceiving the plan. If the Secretary does not notify the

22 public housing agency, as required under this para23 graph or paragraph (2), the plan shall be considered,

24 for purposes of this section, to comply with the re25 quirements under subsection (d) and the Secretary
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1 shall be considered to have notified the agency of

2 such compliance upon the expiration of such 60-day

3 period.

4 ‘‘(2) NOTICE OF REASONS FOR DETERMINATION

5 OF NONCOMPLIANCE.—If the Secretary determines

6 that a plan, as submitted, does not comply with the

7 requirements under subsection (d), the Secretary

8 shall specify in the notice under paragraph (1) the

9 reasons for the noncompliance and any modifications

10 necessary for the plan to meet such requirements.

11 ‘‘(3) STANDARDS FOR DETERMINATION OF

12 NONCOMPLIANCE.—The Secretary may determine

13 that a plan does not comply with the requirements

14 under subsection (d) only if—

15 ‘‘(A) the plan is incomplete in significant

16 matters required under such subsection; or

17 ‘‘(B) there is evidence available to the Sec18 retary that challenges, in a substantial manner,

19 any information provided in the plan.

20 ‘‘(4) TREATMENT OF EXISTING PLANS.—Not21 withstanding any other provision of this section, a

22 public housing agency shall be considered to have

23 submitted a plan under this subsection if the agency

24 has submitted to the Secretary an application and

25 allocation plan under this section (as in effect before
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1 the date of the enactment of the Senior Citizens

2 Housing Safety and Economic Relief Act of 1995)

3 that have not been approved or disapproved before

4 such date of enactment.

5 ‘‘(f) EFFECTIVENESS.—

6 ‘‘(1) 5-YEAR EFFECTIVENESS OF PLAN.—A

7 plan under subsection (d) shall be in effect for pur8 poses of this section only during the 5-year period

9 that begins upon notification under subsection (e)(1)

10 of the public housing agency that the plan complies

11 with the requirements under subsection (d). An

12 agency may extend the effectiveness of the designa13 tion and plan for an additional 2-year period begin14 ning upon the expiration of such period (or the expi15 ration of any previous extension period under this

16 sentence) by submitting to the Secretary any infor17 mation needed to update such plan.

18 ‘‘(2) SAVINGS PROVISION.—Any application and

19 allocation plan approved under this section (as in ef20 fect before the date of the enactment of the Senior

21 Citizens Housing Safety and Economic Relief Act of

22 1995) before such date of enactment shall be consid23 ered to be a plan under subsection (d) that is in ef24 fect for purposes of this section for the 5-year period

25 beginning upon such approval.
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1 ‘‘(g) INAPPLICABILITY OF UNIFORM RELOCATION

2 ASSISTANCE AND REAL PROPERTY ACQUISITIONS POLICY

3 ACT OF 1970.—No tenant of a public housing project

4 shall be considered to be displaced for purposes of the Uni5 form Relocation Assistance and Real Property Acquisi6 tions Policy Act of 1970 because of the designation of any

7 existing project or building, or portion thereof, for occu8 pancy as provided under subsection (a) of this section.

9 ‘‘(h) INAPPLICABILITY TO INDIAN HOUSING.—The

10 provisions of this section shall not apply with respect to

11 low-income housing developed or operated pursuant to a

12 contract between the Secretary and an Indian housing au13 thority.’’.

14 (b) LEASE PROVISIONS.—Section 6(l) of the United

15 States Housing Act of 1937 (42 U.S.C. 1437d(l)) is

16 amended—

17 (1) by redesignating paragraph (6) as para18 graph (7); and

19 (2) by inserting after paragraph (5) the follow20 ing new paragraph:

21 ‘‘(6) provide that any occupancy in violation of

22 the provisions of section 7(a)(4) shall be cause for

23 termination of tenancy; and’’.
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1 SEC. 4. STANDARDS FOR ASSISTED HOUSING LEASE TERMI2 NATION AND EXPEDITED GRIEVANCE PROCE3 DURE.

4 (a) PUBLIC HOUSING AGENCY GRIEVANCE PROCE5 DURE.—Section 6(k) of the United States Housing Act

6 of 1937 (42 U.S.C. 1437d(k)) is amended, in the first sen7 tence of the matter following paragraph (6), by striking

8 ‘‘criminal’’ the first place it appears and all that follows

9 through ‘‘such premises’’ and inserting ‘‘activity described

10 in subsection (l)(5) of this section or section

11 8(d)(1)(B)(iii)’’.

12 (b) PUBLIC HOUSING LEASES.—Section 6(l) of the

13 United States Housing Act of 1937 (42 U.S.C. 1437d(l))

14 is amended by striking paragraphs (4) and (5) and insert15 ing the following new paragraphs:

16 ‘‘(4) require that the public housing agency

17 may not terminate the tenancy except for violation

18 of the terms or conditions of the lease, violation of

19 applicable Federal, State, or local law, or for other

20 good cause;

21 ‘‘(5) provide that the public housing agency

22 may terminate the tenancy of a public housing resi23 dent for any activity, engaged in by the resident, any

24 member of the resident’s household, or any guest or

25 other person under the resident’s control, that—
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1 ‘‘(A) threatens the health or safety of, or

2 right to peaceful enjoyment of the premises by,

3 other residents or employees of the public hous4 ing agency or other manager of the housing;

5 ‘‘(B) threatens the health or safety of, or

6 right to peaceful enjoyment of their premises

7 by, persons residing in the immediate vicinity of

8 the premises; or

9 ‘‘(C) is criminal activity (including drug-re10 lated criminal activity);’’.

11 (c) SECTION 8 HOUSING LEASES.—Section

12 8(d)(1)(B) of the United States Housing Act of 1937 (42

13 U.S.C. 1437f(d)(1)(B)) is amended by striking clauses (ii)

14 and (iii) and inserting the following new clauses:

15 ‘‘(ii) the owner shall not terminate the tenancy

16 except for violation of the terms and conditions of

17 the lease, violation of applicable Federal, State, or

18 local law, or other good cause;

19 ‘‘(iii) the owner may terminate the tenancy of

20 the tenant of a unit for any activity, engaged in by

21 the tenant, any member of the tenant’s household,

22 or any guest or other person under the tenant’s con23 trol, that—

24 ‘‘(I) threatens the health or safety of, or

25 right to peaceful enjoyment of the premises by,
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1 other tenants or employees of the owner or

2 manager of the housing;

3 ‘‘(II) threatens the health or safety of, or

4 right to peaceful enjoyment of their residences

5 by, persons residing in the immediate vicinity of

6 the premises; or

7 ‘‘(III) is criminal activity (including drug8 related criminal activity); and’’.

9 SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PRO10 GRAM FOR HOME EQUITY CONVERSION

11 MORTGAGES.

12 (a) EXTENSION OF PROGRAM.—The first sentence of

13 section 255(g) of the National Housing Act (12 U.S.C.

14 1715z–20(g)) is amended by striking ‘‘September 30,

15 1995’’ and inserting ‘‘September 30, 2000’’.

16 (b) LIMITATION ON NUMBER OF MORTGAGES.—The

17 second sentence of section 255(g) of the National Housing

18 Act (12 U.S.C. 1715z–20(g)) is amended by striking

19 ‘‘25,000’’ and inserting ‘‘50,000’’.

20 (c) ELIGIBLE MORTGAGES.—Section 255(d)(3) of the

21 National Housing Act (12 U.S.C. 1715z–20(d)(3)) is

22 amended to read as follows:
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1 ‘‘(3) be secured by a dwelling that is designed

2 principally for a 1- to 4-family residence in which

3 the mortgagor occupies 1 of the units;’’.

Passed the House of Representatives October 24,

1995.

Attest: ROBIN H. CARLE,

Clerk.