Union Calendar No. 149

104TH CONGRESS

1ST SESSION H. R. 117

[Report No. 104–281]

A BILL

To amend the United States Housing Act of 1937

derly families, and for other purposes.housing projects designated for occupancy by elproblems from occupying dwelling units in publicto prevent persons having drug or alcohol use

OCTOBER 18, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 149

104TH CONGRESS

1ST SESSION H. R. 117

[Report No. 104–281]

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.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. BLUTE (for himself, Mr. BACHUS, Mr. BEREUTER, Mr. CANADY, Mr.

FRANKS of Connecticut, Mr. HANCOCK, Mr. HERGER, Mr. HUTCHINSON,

Mrs. JOHNSON of Connecticut, Mr. JOHNSTON of Florida, Mr. KLUG, Mr.

LIVINGSTON, Mr. MARTINEZ, Mr. MCHUGH, Mr. PETRI, Mr. QUINN, and

Mr. ROYCE) introduced the following bill; which was referred to the Committee on Banking and Financial Services

OCTOBER 18, 1995

Additional sponsors: Mr. SOLOMON, Mrs. FOWLER, Mr. CONDIT, Mr.

KNOLLENBERG, Mr. CASTLE, Mr. BONO, Mr. SENSENBRENNER, Mr. ANDREWS, Mr. MILLER of Florida, Mr. FIELDS of Texas, Mr. HEINEMAN,

Mr. WELLER, Mr. TORKILDSEN, Mr. FLANAGAN, Mr. HOKE, Mr. WATTS

of Oklahoma, Mr. LAHOOD, Mrs. ROUKEMA, Mr. TATE, Mr. WAMP, and

Mr. LATOURETTE

OCTOBER 18, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 4, 1995]
2

•HR 117 RH

A BILL

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Senior Citizens Housing

5 Safety and Economic Relief Act of 1995’’.

6 SEC. 2. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO

7 PROHIBIT ADMISSION OF DRUG OR ALCOHOL

8 ABUSERS TO ASSISTED HOUSING.

9 Section 16 of the United States Housing Act of 1937

10 (42 U.S.C. 1437n) is amended—

11 (1) in the section heading by striking ‘‘INCOME’’;

12 and

13 (2) by adding at the end the following new sub14 section:

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

16 ALCOHOL ABUSERS.—

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

18 provision of law, a public housing agency may estab19 lish standards for occupancy in public housing dwell20 ing units and assistance under section 8, that pro-
3

•HR 117 RH

1 hibit admission to such units and assistance under

2 such section by any individual—

3 ‘‘(A) who currently illegally uses a con4 trolled substance; or

5 ‘‘(B) whose history of illegal use of a con6 trolled substance or use of alcohol, or current use

7 of alcohol, provides reasonable cause for the agen8 cy to believe that the occupancy by such individ9 ual may interfere with the health, safety, or right

10 to peaceful enjoyment of the premises by other

11 residents.

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

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

14 deny admission or assistance to any elderly person

15 based on a history of use of a controlled substance or

16 alcohol, a public housing agency may consider wheth17 er such elderly person—

18 ‘‘(A) has successfully completed a supervised

19 drug or alcohol rehabilitation program (as ap20 plicable) and is no longer engaging in the illegal

21 use of a controlled substance or use of alcohol (as

22 applicable);

23 ‘‘(B) has otherwise been rehabilitated suc24 cessfully and is no longer engaging in the illegal
4

•HR 117 RH

1 use of a controlled substance or use of alcohol (as

2 applicable); or

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

4 or alcohol rehabilitation program (as applicable)

5 and is no longer engaging in the illegal use of

6 a controlled substance or use of alcohol (as appli7 cable).’’.

8 SEC. 3. DESIGNATED HOUSING FOR ELDERLY AND DIS9 ABLED FAMILIES.

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

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

12 as follows:

13 ‘‘DESIGNATED HOUSING FOR ELDERLY AND DISABLED

14 FAMILIES

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

16 HOUSING.—

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

18 this section and notwithstanding any other provision

19 of law, a public housing agency for which a plan

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

21 housing projects (or portions of projects) designated

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

23 disabled families, or (C) elderly and disabled families.

24 ‘‘(2) PRIORITY FOR OCCUPANCY.—In determin25 ing priority for admission to public housing projects

26 (or portions of projects) that are designated for occu-
5

•HR 117 RH

1 pancy as provided in paragraph (1), the public hous2 ing agency may make units in such projects (or por3 tions) available only to the types of families for whom

4 the project is designated.

5 ‘‘(3) ELIGIBILITY OF NEAR-ELDERLY FAMI6 LIES.—If a public housing agency determines that

7 there are insufficient numbers of elderly families to

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

9 designated under paragraph (1) for occupancy by

10 only elderly families, the agency may provide that

11 near-elderly families may occupy dwelling units in

12 the project (or portion).

13 ‘‘(4) LIMITATION ON OCCUPANCY IN PROJECTS

14 FOR ELDERLY FAMILIES.—

15 ‘‘(A) IN GENERAL.—Subject only to the pro16 visions of subsection (b) and notwithstanding

17 any other provision of law, a dwelling unit in

18 a project (or portion of a project) that is des19 ignated under paragraph (1) for occupancy by

20 only elderly families or by only elderly and dis21 abled families shall not be occupied by any indi22 vidual who is not an elderly person and—

23 ‘‘(i) who currently illegally uses a con24 trolled substance; or
6

•HR 117 RH

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

2 controlled substance or use of alcohol, or

3 current use of alcohol, provides reasonable

4 cause for the agency to believe that the occu5 pancy by such individual may interfere

6 with the health, safety, or right to peaceful

7 enjoyment of the premises by other tenants.

8 ‘‘(B) CONSIDERATION OF REHABILITA9 TION.—In determining whether, pursuant to sub10 paragraph (A), to deny occupancy to any indi11 vidual based on a history of use of a controlled

12 substance or alcohol, a public housing agency

13 may consider the factors under section 16(e)(2).

14 ‘‘(b) STANDARDS REGARDING EVICTIONS.—

15 ‘‘(1) LIMITATION.—Except as provided in para16 graph (2), any tenant who is lawfully residing in a

17 dwelling unit in a public housing project may not be

18 evicted or otherwise required to vacate such unit be19 cause of the designation of the project (or portion of

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

21 action taken by the Secretary or any public housing

22 agency pursuant to this section.

23 ‘‘(2) REQUIREMENT TO EVICT NONELDERLY TEN24 ANTS IN HOUSING DESIGNATED FOR ELDERLY FAMI25 LIES WHO HAVE CURRENT DRUG OR ALCOHOL ABUSE
7

•HR 117 RH

1 PROBLEMS.—The public housing agency administer2 ing a project (or portion of a project) described in

3 subsection (a)(4)(A) shall evict any individual who

4 occupies a dwelling unit in such a project and who

5 currently illegally uses a controlled substance or

6 whose current use of alcohol provides a reasonable

7 cause for the agency to believe that the occupancy by

8 such individual may interfere with the health, safety,

9 or right to peaceful enjoyment of the premises by

10 other residents. This paragraph may not be construed

11 to require a public housing agency to evict any other

12 individual who occupies the same dwelling unit as the

13 individual required to be evicted.

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

15 agency that designates any existing project or building, or

16 portion thereof, for occupancy as provided under subsection

17 (a) shall provide, to each person and family relocated in

18 connection with such designation—

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

20 soon as is practicable for the agency and the person

21 or family;

22 ‘‘(2) comparable housing (including appropriate

23 services and design features), which may include ten24 ant-based rental assistance under section 8, at a rent25 al rate that is comparable to that applicable to the
8

•HR 117 RH

1 unit from which the person or family has vacated;

2 and

3 ‘‘(3) payment of actual, reasonable moving ex4 penses.

5 ‘‘(d) REQUIRED PLAN.—A plan under this subsection

6 for designating a project (or portion of a project) for occu7 pancy under subsection (a)(1) is a plan, prepared by the

8 public housing agency for the project and submitted to the

9 Secretary, that—

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

11 project is necessary—

12 ‘‘(A) to achieve the housing goals for the ju13 risdiction under the comprehensive housing af14 fordability strategy under section 105 of the

15 Cranston-Gonzalez National Affordable Housing

16 Act; and

17 ‘‘(B) to meet the housing needs of the low18 income population of the jurisdiction; and

19 ‘‘(2) includes a description of—

20 ‘‘(A) the project (or portion of a project) to

21 be designated;

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

23 project is to be designated;

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

25 to tenants of the designated project (or portion);
9

•HR 117 RH

1 ‘‘(D) how the agency will secure any addi2 tional resources or housing assistance that is nec3 essary to provide assistance to nonelderly dis4 abled families that would have been housed if oc5 cupancy in project were not restricted pursuant

6 to this section; and

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

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

9 the Housing Act of 1959) of the project accom10 modate the special environmental needs of the

11 intended occupants.

12 For purposes of this subsection, the term ‘supportive serv13 ices’ means services designed to meet the special needs of

14 residents.

15 ‘‘(e) REVIEW OF PLANS.—

16 ‘‘(1) REVIEW AND NOTIFICATION.—The Secretary

17 shall conduct a limited review of each plan under

18 subsection (d) that is submitted to the Secretary to

19 ensure that the plan is complete and complies with

20 the requirements of subsection (d). The Secretary shall

21 notify each public housing agency submitting a plan

22 whether the plan complies with such requirements not

23 later than 60 days after receiving the plan. If the Sec24 retary does not notify the public housing agency, as

25 required under this paragraph or paragraph (2), the
10

•HR 117 RH

1 plan shall be considered, for purposes of this section,

2 to comply with the requirements under subsection (d)

3 and the Secretary shall be considered to have notified

4 the agency of such compliance upon the expiration of

5 such 60-day period.

6 ‘‘(2) NOTICE OF REASONS FOR DETERMINATION

7 OF NONCOMPLIANCE.—If the Secretary determines

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

9 requirements under subsection (d), the Secretary shall

10 specify in the notice under paragraph (1) the reasons

11 for the noncompliance and any modifications nec12 essary for the plan to meet such requirements.

13 ‘‘(3) STANDARDS FOR DETERMINATION OF NON14 COMPLIANCE.—The Secretary may determine that a

15 plan does not comply with the requirements under

16 subsection (d) only if—

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

18 matters required under such subsection; or

19 ‘‘(B) there is evidence available to the Sec20 retary that challenges, in a substantial manner,

21 any information provided in the plan.

22 ‘‘(4) TREATMENT OF EXISTING PLANS.—Notwith23 standing any other provision of this section, a public

24 housing agency shall be considered to have submitted

25 a plan under this subsection if the agency has submit-
11

•HR 117 RH

1 ted to the Secretary an application and allocation

2 plan under this section (as in effect before the date of

3 the enactment of the Senior Citizens Housing Safety

4 and Economic Relief Act of 1995) that have not been

5 approved or disapproved before such date of enact6 ment.

7 ‘‘(f) EFFECTIVENESS.—

8 ‘‘(1) 5-YEAR EFFECTIVENESS OF PLAN.—A plan

9 under subsection (d) shall be in effect for purposes of

10 this section only during the 5-year period that begins

11 upon notification under subsection (e)(1) of the public

12 housing agency that the plan complies with the re13 quirements under subsection (d). An agency may ex14 tend the effectiveness of the designation and plan for

15 an additional 2-year period beginning upon the expi16 ration of such period (or the expiration of any pre17 vious extension period under this sentence) by submit18 ting to the Secretary any information needed to up19 date such plan.

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

21 allocation plan approved under this section (as in ef22 fect before the date of the enactment of the Senior

23 Citizens Housing Safety and Economic Relief Act of

24 1995) before such date of enactment shall be consid25 ered to be a plan under subsection (d) that is in effect
12

•HR 117 RH

1 for purposes of this section for the 5-year period be2 ginning upon such approval.

3 ‘‘(g) INAPPLICABILITY OF UNIFORM RELOCATION AS4 SISTANCE AND REAL PROPERTY ACQUISITIONS POLICY ACT

5 OF 1970.—No tenant of a public housing project shall be

6 considered to be displaced for purposes of the Uniform Relo7 cation Assistance and Real Property Acquisitions Policy

8 Act of 1970 because of the designation of any existing

9 project or building, or portion thereof, for occupancy as pro10 vided under subsection (a) of this section.

11 ‘‘(h) INAPPLICABILITY TO INDIAN HOUSING.—The pro12 visions of this section shall not apply with respect to low13 income housing developed or operated pursuant to a con14 tract between the Secretary and an Indian housing author15 ity.’’.

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

17 States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amend18 ed—

19 (1) by redesignating paragraph (6) as para20 graph (7); and

21 (2) by inserting after paragraph (5) the follow22 ing new paragraph:

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

24 the provisions of section 7(a)(4) shall be cause for ter25 mination of tenancy; and’’.
13

•HR 117 RH

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 of

6 1937 (42 U.S.C. 1437d(k)) is amended, in the first sentence

7 of the matter following paragraph (6), by striking ‘‘crimi8 nal’’ the first place it appears and all that follows through

9 ‘‘such premises’’ and inserting ‘‘activity described in sub10 section (l)(5) of this section or section 8(d)(1)(B)(iii)’’.

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

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

13 is amended by striking paragraphs (4) and (5) and insert14 ing the following new paragraphs:

15 ‘‘(4) require that the public housing agency may

16 not terminate the tenancy except for violation of the

17 terms or conditions of the lease, violation of applica18 ble Federal, State, or local law, or for other good

19 cause;

20 ‘‘(5) provide that the public housing agency may

21 terminate the tenancy of a public housing resident for

22 any activity, engaged in by the resident, any member

23 of the resident’s household, or any guest or other per24 son under the resident’s control, that—

25 ‘‘(A) threatens the health or safety of, or

26 right to peaceful enjoyment of the premises by,
14

•HR 117 RH

1 other residents or employees of the public housing

2 agency or other manager of the housing;

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

4 right to peaceful enjoyment of their premises by,

5 persons residing in the immediate vicinity of the

6 premises; or

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

9 (c) SECTION 8 HOUSING LEASES.—Section 8(d)(1)(B)

10 of the United States Housing Act of 1937 (42 U.S.C.

11 1437f(d)(1)(B)) is amended by striking clauses (ii) and

12 (iii) and inserting the following new clauses:

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

14 except for violation of the terms and conditions of the

15 lease, violation of applicable Federal, State, or local

16 law, or other good cause;

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

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

19 the tenant, any member of the tenant’s household, or

20 any guest or other person under the tenant’s control,

21 that—

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

23 right to peaceful enjoyment of the premises by,

24 other tenants or employees of the owner or man25 ager of the housing;
15

•HR 117 RH

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

2 right to peaceful enjoyment of their residences

3 by, persons residing in the immediate vicinity of

4 the premises; or

5 ‘‘(III) is criminal activity (including drug6 related criminal activity); and’’.

7 SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PRO8 GRAM FOR HOME EQUITY CONVERSION

9 MORTGAGES.

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

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

12 1715z–20(g)) is amended by striking ‘‘September 30, 1995’’

13 and inserting ‘‘September 30, 2000’’.

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

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

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

17 ‘‘25,000’’ and inserting ‘‘50,000’’.

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

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

20 amended to read as follows:

21 ‘‘(3) be secured by a dwelling that is designed

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

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