I 

109TH CONGRESS 

1ST SESSION H. R. 1309

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 

MARCH 15, 2005

Ms. LEE (for herself, Mr. CONYERS, Mrs. MALONEY, Mr. SERRANO, Mr. 

TOWNS, Ms. WATERS, Mr. CLAY, Mr. FRANK of Massachusetts, Mrs. 

CHRISTENSEN, and Mr. GUTIERREZ) 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 2005’’. 
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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 or drug-related criminal activ6 ity, engaged in by a member of a tenant’s household or 

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

8 not be cause for termination of tenancy of the tenant if 

9 (A) the tenant is an elderly person (as such term is de10 fined in section 202(k) of the Housing Act of 1959 (12 

11 U.S.C. 1701q)) or a person with disabilities (as such term 

12 is defined in section 811(k) of the Cranston-Gonzalez Na13 tional Affordable Housing Act (42 U.S.C. 8013(k)), and 

14 (B) the tenant did not know and should not have known 

15 of the activity or the tenant or member of household was 

16 the victim of the criminal activity’’. 

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

18 PROGRAM. 

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

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

21 amended by inserting before the semicolon at the end the 

22 following: ‘‘; except that such criminal or drug-related 

23 criminal activity, engaged in by a member of a tenant’s 

24 household or any guest or other person under the tenant’s 

25 control, shall not be cause for termination of tenancy of 

26 the tenant if (I) the tenant is an elderly person (as such 
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1 term is defined in section 202(k) of the Housing Act of 

2 1959 (12 U.S.C. 1701q)) or a person with disabilities (as 

3 such term is defined in section 811(k) of the Cranston4 Gonzalez National Affordable Housing Act (42 U.S.C. 

5 8013(k)), and (II) the tenant did not know and should 

6 not have known of the activity or the tenant or member 

7 of household was the victim of the criminal activity’’. 

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

9 Section 6 of the United States Housing Act of 1937 

10 (42 U.S.C. 1437d) is amended by inserting after sub11 section (o) the following new subsection: 

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

13 public housing agency shall submit a report annually to 

14 the Secretary on the number of persons whose tenancy in 

15 public housing of the agency was terminated, and the 

16 number whose tenancy in housing assisted by the agency 

17 with amounts made available under section 8 was termi18 nated, because of criminal activity.’’.

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