I

103D CONGRESS

2D SESSION H. R. 3943

To prevent persons that have drug use 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

MARCH 2, 1994

Mr. BLUTE introduced the following bill; which was referred to the Committee

on Banking, Finance and Urban Affairs

A BILL

To prevent persons that have drug use 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 Hous5 ing Safety Act’’.
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1 SEC. 2. LIMITATION ON OCCUPANCY IN PUBLIC HOUSING

2 DESIGNATED FOR ELDERLY FAMILIES.

3 Section 7(a) of the United States Housing Act of

4 1937 (42 U.S.C. 1437e(a)) is amended—

5 (1) in paragraph (1), by striking ‘‘Notwith6 standing any other provision of law’’ and inserting

7 ‘‘Subject only to the provisions of this subsection’’;

8 (2) in paragraph (4), by inserting ‘‘, except as

9 provided in paragraph (5)’’ before the period at the

10 end; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(5) LIMITATION ON OCCUPANCY IN PROJECTS

14 FOR ELDERLY FAMILIES.—

15 ‘‘(A) OCCUPANCY LIMITATION.—Notwith16 standing any other provision of law, a dwelling

17 unit in a project (or portion of a project) that

18 is designated under paragraph (1) for occu19 pancy by only elderly families or by only elderly

20 and disabled families shall not be occupied by—

21 ‘‘(i) any person with disabilities who

22 is not an elderly person and whose use (or

23 history of use) of drugs or alcohol con24 stitutes a disability; or

25 ‘‘(ii) any person who is not an elderly

26 person whose use of drugs or alcohol (or
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1 history of such use) provides reasonable

2 cause for the agency to believe that the oc3 cupancy by such person may interfere with

4 the health, safety, or right to peaceful en5 joyment of the premises by other tenants.

6 ‘‘(B) REQUIRED STATEMENT.—A public

7 housing agency may not make a dwelling unit

8 in such a project available for occupancy to any

9 person or family who is not an elderly family,

10 unless the agency acquires from the person or

11 family a signed statement that no person who

12 will be occupying the unit uses (or has a history

13 of use) of drugs or alcohol that would interfere

14 with the health, safety, or right to peaceful en15 joyment of the premises by other tenants.’’.

16 SEC. 3. LEASE PROVISIONS.

17 Section 6(l) of the United States Housing Act of

18 1937 (42 U.S.C. 1437d(l)) is amended—

19 (1) in paragraph (5), by striking ‘‘and’’ at the

20 end;

21 (2) by redesignating paragraph (6) as para22 graph (7); and

23 (3) by inserting after paragraph (5) following

24 new paragraph:
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1 ‘‘(6) provide that any violation of the provisions

2 of section 7(a)(5)(A) or the furnishing of any false

3 or misleading information pursuant to section

4 7(a)(5)(B) shall be cause for termination of tenancy;

5 and’’.

6 SEC. 4. PROVISION OF SECTION 8 ASSISTANCE TO MOVE

7 NONELDERLY TENANTS HAVING DRUG OR

8 ALCOHOL USE PROBLEMS FROM PUBLIC

9 HOUSING DESIGNATED FOR ELDERLY FAMI10 LIES.

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

12 Housing Act of 1937 is amended to read as follows:

13 ‘‘(c) LIMITATIONS ON EVICTIONS.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), any tenant who is lawfully residing in a

16 dwelling unit in a public housing project may not be

17 evicted or otherwise required to vacate such unit be18 cause of the designation of the project (or a portion

19 of the project) pursuant to this section or because

20 of any action taken by the Secretary of Housing and

21 Urban Development or any public housing agency

22 pursuant to this section.

23 ‘‘(2) EVICTION OF NONELDERLY TENANTS HAV24 ING DRUG OR ALCOHOL USE PROBLEMS IN HOUSING

25 DESIGNATED FOR ELDERLY FAMILIES.—A tenant in
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1 a project (or portion of a project) that is designated

2 under subsection (a)(1) for occupancy by only elder3 ly families or by only elderly and disabled families

4 shall be evicted under this paragraph if—

5 ‘‘(A) the tenant’s household includes a per6 son described in clause (i) or (ii) of subsection

7 (a)(5)(A); and

8 ‘‘(B) upon termination of the tenant’s ten9 ancy in the project, the public housing agency

10 provides rental assistance under section 8 on

11 behalf of the tenant.’’.

12 (b) PREFERENCE FOR SECTION 8 ASSISTANCE.—

13 (1) CERTIFICATES.—Section 8(d)(1)(A)(i) of

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

15 1437f(d)(1)(A)(i)) is amended by inserting after ‘‘in16 come for rent,’’ the following: ‘‘are required to be

17 evicted under section 7(c)(2) if assistance under this

18 section is provided on behalf of the family,’’.

19 (2) VOUCHERS.—The first sentence of section

20 8(o)(3)(B) of the United States Housing Act of

21 1937 (42 U.S.C. 1437f(o)(3)(B)) is amended by in22 serting after ‘‘displaced,’’ the following: ‘‘are re23 quired to be evicted under section 7(c)(2) if assist24 ance under this section is provided on behalf of the

25 family,’’.
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