I 

110TH CONGRESS 

1ST SESSION H. R. 173 

To protect innocent elderly and disabled tenants in public housing and housing 

assisted under the rental assistance program under section 8 of the 

United States Housing Act of 1937 from eviction by reason of criminal 

activity. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2007 

Ms. LEE introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To protect innocent elderly and disabled tenants in public 

housing and housing assisted under the rental assistance 

program under section 8 of the United States Housing 

Act of 1937 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 2007’’. 

6 SEC. 2. PUBLIC HOUSING TENANTS. 

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

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


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•HR 173 IH 

1 by inserting after the first semicolon the following: ‘‘except 

2 that such criminal or drug-related criminal activity, en3 gaged in by a member of a tenant’s household or any guest 

4 or other person under the tenant’s control, shall not be 

5 cause for termination of tenancy of the tenant if (A) the 

6 tenant is an elderly person (as such term is defined in 

7 section 202(k) of the Housing Act of 1959 (12 U.S.C. 

8 1701q)) or a person with disabilities (as such term is de9 fined in section 811(k) of the Cranston-Gonzalez National 

10 Affordable Housing Act (42 U.S.C. 8013(k)), and (B) the 

11 tenant did not know and should not have known of the 

12 activity or the tenant or member of household was the vic13 tim of the criminal activity; and’’. 

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

15 PROGRAM. 

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

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

18 amended by striking the comma before ‘‘except that: (I)’’ 

19 and inserting the following: ‘‘; except that such criminal 

20 or drug-related criminal activity, engaged in by a member 

21 of a tenant’s household or any guest or other person under 

22 the tenant’s control, shall not be cause for termination of 

23 tenancy of the tenant if (I) the tenant is an elderly person 

24 (as such term is defined in section 202(k) of the Housing 

25 Act of 1959 (12 U.S.C. 1701q)) or a person with disabilVerDate Aug 31 2005 04:24 Jan 09, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H173.IH H173

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•HR 173 IH 

1 ities (as such term is defined in section 811(k) of the 

2 Cranston-Gonzalez National Affordable Housing Act (42 

3 U.S.C. 8013(k)), and (II) the tenant did not know and 

4 should not have known of the activity or the tenant or 

5 member of household was the victim of the criminal activ6 ity; and’’. 

7 SEC. 4. REPORTING BY PHAS ON ONE-STRIKE EVICTIONS. 

8 Section 6 of the United States Housing Act of 1937 

9 (42 U.S.C. 1437d) is amended by inserting after sub10 section (o) the following new subsection: 

11 ‘‘(p) REPORTS ON ONE-STRIKE EVICTIONS.—Each 

12 public housing agency shall submit a report annually to 

13 the Secretary on the number of persons whose tenancy in 

14 public housing of the agency was terminated, and the 

15 number whose tenancy in housing assisted by the agency 

16 with amounts made available under section 8 was termi17 nated, because of criminal activity.’’. 

Æ 


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