I 

116TH CONGRESS 

1ST SESSION H. R. 3685 

To reform the screening and eviction policies for Federal housing assistance 

in order to provide fair access to housing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2019 

Ms. OCASIO-CORTEZ introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To reform the screening and eviction policies for Federal 

housing assistance in order to provide fair access to 

housing, 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 ‘‘Fair Chance at Hous5 ing Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 579 of the Quality Housing and Work Re8 sponsibility Act of 1998 (42 U.S.C. 13664) is amended— 

9 (1) by striking ‘‘(a) DEFINITIONS.—’’; 


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1 (2) by striking paragraph (1) and inserting the 

2 following new paragraph: 

3 ‘‘(1) CONVICTION.— 

4 ‘‘(A) IN GENERAL.—The term ‘conviction’ 

5 means judgment of guilt or nolo contendere or 

6 any disposition arising therefrom. 

7 ‘‘(B) EXCLUSIONS.—Such term does not 

8 include— 

9 ‘‘(i) an arrest or any disposition there10 from that did not result in a conviction; 

11 ‘‘(ii) any criminal disposition for an 

12 offense committed prior to the defendant’s 

13 18th birthday; 

14 ‘‘(iii) a conviction that has been ex15 punged, sealed, or subject to similar judi16 cial relief; 

17 ‘‘(iv) a disposition received through 

18 successful completion of diversion, deferred 

19 adjudication, deferred entry of judgment, 

20 drug court, or similar judicial program 

21 under State law; or 

22 ‘‘(v) any other criminal disposition not 

23 deemed a conviction under State or Fed24 eral law.’’; and 


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1 (3) in paragraph (3), by adding after the period 

2 at the end the following: ‘‘For purposes of sections 

3 576 and 577, such term does not include an owner 

4 of federally assisted housing specified in paragraph 

5 (3)(B).’’. 

6 SEC. 3. SCREENING OF APPLICANTS FOR FEDERALLY AS7 SISTED HOUSING. 

8 (a) DEFINITION OF COVERED CRIMINAL CON9 DUCT.—Section 579 of the Quality Housing and Work Re10 sponsibility Act of 1998 (42 U.S.C. 13664), as amended 

11 by the preceding provisions of this Act, is further amend12 ed— 

13 (1) by redesignating paragraphs (2) and (3) as 

14 paragraphs (3) and (4), respectively; and 

15 (2) by inserting after paragraph (1) the fol16 lowing new paragraph: 

17 ‘‘(2) COVERED CRIMINAL CONDUCT.— 

18 ‘‘(A) ADMISSION TO FEDERALLY ASSISTED

19 HOUSING.— 

20 ‘‘(i) IN GENERAL.—The term ‘covered 

21 criminal conduct’ means, with respect to 

22 admission to federally assisted housing, 

23 criminal conduct— 

24 ‘‘(I) for which the applicant or a 

25 member of the applicant’s household 


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1 has been convicted of a felony under 

2 State or Federal criminal law; and 

3 ‘‘(II) that threatens the health, 

4 or safety of other tenants, the employ5 ees, or the owner or public housing 

6 agency. 

7 ‘‘(ii) EXCLUSIONS.—Notwithstanding 

8 any other provision of law, such term does 

9 not include, with respect to admission to 

10 federally assisted housing— 

11 ‘‘(I) a conviction for a drug of12 fense for which the individual served a 

13 sentence of less than ten years; 

14 ‘‘(II) an offense or offenses re15 lated to fees or back payments associ16 ated with incarceration; 

17 ‘‘(III) any other legal financial 

18 obligation; or 

19 ‘‘(IV) a conviction for which the 

20 individual was sentenced only to pro21 bation.’’. 

22 (b) SCREENING OF APPLICANTS.—Section 576 of the 

23 Quality Housing and Work Responsibility Act of 1998 (42 

24 U.S.C. 13661) is amended to read as follows: 


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1 ‘‘SEC. 576. SCREENING OF APPLICANTS FOR FEDERALLY 

2 ASSISTED HOUSING. 

3 ‘‘(a) AUTHORITY TO DENY ADMISSION FOR CRIMI4 NAL CONDUCT.—Except as otherwise provided by this sec5 tion and in addition to any other authority to screen appli6 cants, in selecting among applicants for admission to fed7 erally assisted housing or a federally assisted housing pro8 gram, including individuals seeking to join a household 

9 currently receiving Federal housing assistance, a public 

10 housing agency or owner of such housing (as applicable) 

11 may deny an applicant admission to the program or to 

12 federally assisted housing based on any criminal conduct 

13 only if the agency or owner determines, based on an indi14 vidualized review of the totality of the circumstances, that 

15 such applicant or any member of the applicant’s household 

16 was engaged in covered criminal conduct, within a reason17 able period of time preceding the date when the applicant 

18 household would otherwise be admitted to the federally as19 sisted housing or to the program. 

20 ‘‘(b) INDIVIDUALIZED REVIEW OF THE TOTALITY OF

21 THE CIRCUMSTANCES.— 

22 ‘‘(1) REQUIREMENT.—Before denying admis23 sion to an applicant pursuant to subsection (a), a 

24 public housing agency or owner of federally assisted 

25 housing shall conduct an individualized review of the 


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1 totality of the circumstances regarding the criminal 

2 conduct at issue. 

3 ‘‘(2) REVIEW PANEL FOR PUBLIC HOUSING AND

4 TENANT-BASED RENTAL ASSISTANCE APPLICANTS.— 

5 ‘‘(A) REQUIREMENT.—The Secretary shall 

6 issue guidance requiring each public housing 

7 agency to establish a review panel to conduct 

8 the individualized review required under para9 graph (1) with respect to applications for feder10 ally assisted housing specified in subparagraphs 

11 (A) and (B) of section 579B(3). An applicant 

12 may present mitigating evidence for the review 

13 panel to determine whether the applicant should 

14 be admitted. 

15 ‘‘(B) MEMBERSHIP.—Each committee re16 view panel shall include at least one resident 

17 representative. 

18 ‘‘(C) NOTICE.—Applicants shall be notified 

19 in writing of their panel review at least 14 days 

20 before date of the review. Notice shall be pro21 vided in accordance with subsection (c) of this 

22 section. 

23 ‘‘(D) CONVICTION INFORMATION.—A pub24 lic housing agency shall produce a detailed 

25 criminal conviction report to be used by the 


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1 panel in the review process. If an applicant 

2 identifies an error on the criminal conviction re3 port used by the panel, the applicant shall have 

4 the opportunity to defer his or her application 

5 prior to panel review to correct the report. The 

6 report shall be shared only with the applicant 

7 and members of the review panel. 

8 ‘‘(E) BURDEN OF PROOF.—A public hous9 ing agency may not deny admission to an appli10 cant unless the agency determines, by a prepon11 derance of the evidence, that the applicant’s 

12 criminal conduct renders the applicant unfit for 

13 housing. 

14 ‘‘(F) CONFIDENTIALITY.—All information 

15 gathered in the process of screening for crimi16 nal convictions shall be kept confidential and 

17 shall not be released unless the applicant agrees 

18 in writing or such release it is otherwise re19 quired by law. Public housing agencies shall es20 tablish a formal confidentiality policy. 

21 ‘‘(G) DECISION-MAKING PROCESS.—The 

22 panel shall review the applicant’s circumstances 

23 and other available information, including any 

24 information the applicant chooses to bring to 

25 the panel’s attention. Within 7 days, the panel 


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1 shall review all relevant information and mem2 bers shall determine whether, by a preponder3 ance of the evidence, the applicant’s criminal 

4 record renders the applicant unfit for housing. 

5 ‘‘(H) APPEALS.—Each applicant shall have 

6 a right to appeal a decision by the panel to 

7 deny admission, in accordance with current reg8 ulations. An applicant shall have 14 days to ap9 peal the determination and a request for such 

10 an appeal shall be made in writing. Pursuant to 

11 such a request, the public housing agency shall 

12 hold an informal hearing and decide whether to 

13 uphold the initial determination within 7 days 

14 after the hearing. The public housing agency 

15 shall hold the dwelling unit open or shall re16 serve the assistance under the federally assisted 

17 housing program, as the case may be during 

18 the entire time of the appeals process. 

19 ‘‘(3) NON-DISCRIMINATION.—When conducting 

20 an individualized review under this section, a public 

21 housing agency or owner of federally assisted hous22 ing shall comply with applicable civil rights require23 ments under the Fair Housing Act, title VI of the 

24 Civil Rights Act of 1964, section 504 of the RehaVerDate Sep 11 2014 20:27 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3685.IH H3685

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1 bilitation Act of 1973, and titles II and III of the 

2 Americans with Disabilities Act of 1990. 

3 ‘‘(4) REVIEW FACTORS.—In conducting the re4 views required under paragraph (1), the public hous5 ing agency or owner which shall consider the fol6 lowing factors holistically, such that no single factor 

7 is dispositive: 

8 ‘‘(A) SEVERITY.—The severity of the 

9 criminal offense or offenses committed. 

10 ‘‘(B) TIME ELAPSED.—The amount of 

11 time elapsed since the criminal offense or of12 fenses were committed. 

13 ‘‘(C) EVIDENCE OF REHABILITATION.— 

14 Evidence of rehabilitation, including— 

15 ‘‘(i) a person’s satisfactory compliance 

16 with all terms and conditions of parole or 

17 probation, provided that the person’s fail18 ure to pay fines, fees, and restitution shall 

19 not be considered noncompliance with 

20 terms and conditions of parole or proba21 tion; 

22 ‘‘(ii) educational attainment or voca23 tional or professional training, or employ24 ment since conviction, including training 

25 received or employment while incarcerated; 


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1 ‘‘(iii) completion of or active partici2 pation in rehabilitative treatment, includ3 ing alcohol or drug treatment; 

4 ‘‘(iv) letters of recommendation from 

5 community organizations, counselors, case 

6 managers, teachers, community leaders, 

7 parole officers, and probation officers who 

8 have observed the person; 

9 ‘‘(v) a person’s familial relationship 

10 with a person who may be currently resid11 ing in the dwelling unit in federally as12 sisted housing that the applicant is apply13 ing for residence in; or 

14 ‘‘(vi) the age of the person at the time 

15 of the conviction. 

16 ‘‘(D) REDUCTION IN SENTENCE.—Whether 

17 the applicant received a reduced sentence for 

18 the criminal offense or offenses committed. 

19 ‘‘(E) NATURE OF OFFENSE.—The nature 

20 of the criminal offense, which shall include the 

21 following: 

22 ‘‘(i) OFFENSES RELATED TO AN INDI23 VIDUAL’S DISABILITY STATUS.—Whether 

24 the criminal offense or offenses— 


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1 ‘‘(I) were committed by a mem2 ber of the household who is an indi3 vidual with disabilities who is entitled 

4 to a reasonable accommodation under 

5 the Fair Housing Act or section 504 

6 of the Rehabilitation Act of 1974; and 

7 ‘‘(II) are related to or resulted 

8 from a symptom of a disability of the 

9 member of the household who com10 mitted the criminal offense or of11 fenses. 

12 ‘‘(ii) PROXIMITY TO ASSISTED HOUS13 ING.—Whether the criminal offense or of14 fenses occurred on or near the federally as15 sisted housing to which the applicant’s ap16 plication relates (if applicable). 

17 ‘‘(iii) OFFENSES RELATED TO AN IN18 DIVIDUAL’S STATUS AS A VICTIM OF DO19 MESTIC VIOLENCE.—Whether the criminal 

20 offense or offenses committed arose from a 

21 household member’s status as a victim of 

22 domestic violence, dating violence, sexual 

23 assault, or stalking, as such terms are de24 fined in section 40002 of the Violence 


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1 Against Women Act of 1994 (34 U.S.C. 

2 12291). 

3 ‘‘(F) OTHER MITIGATING INFORMATION.— 

4 Any other mitigating information provided by 

5 the applicant, or provided on the applicant’s be6 half, including any information regarding the 

7 rehabilitation or good conduct of the member of 

8 the household who committed the criminal of9 fense or offenses. 

10 ‘‘(5) GUIDANCE.—The Secretary shall issue 

11 guidance for public housing agencies and owners to 

12 implement the requirement to conduct individualized 

13 reviews in accordance with this section. 

14 ‘‘(c) NOTICES.—The Secretary shall require each 

15 public housing agency and owner of federally assisted 

16 housing to provide— 

17 ‘‘(1) to each new applicant and each applicant 

18 upon selection from the wait list for admission to 

19 federally assisted housing or to a federally assisted 

20 housing program, at the time of application and se21 lection from the wait list, written notice of the policy 

22 of such agency or owner pursuant to this subtitle or 

23 any other provision of law regarding denial of admis24 sion for criminal conduct, which shall include— 


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1 ‘‘(A) notice of the authority under sub2 section (a) to deny admission based on covered 

3 criminal conduct and notice of the specific rea4 sonable time period to which such authority ap5 plies; 

6 ‘‘(B) notice of the requirement under sub7 section (b) to consider the totality of the cir8 cumstances and the right under subsection 

9 (b)(4) to present mitigating evidence; and 

10 ‘‘(C) when applicable, a criminal conviction 

11 report that the public housing agency plans to 

12 provide to the review panel to be used in its in13 dividualized review of the applicant or a mem14 ber of the applicant’s household, and notice of 

15 a tenant’s rights to appear at the review panel 

16 and correct inaccuracies in his or her criminal 

17 conviction report; and 

18 ‘‘(2) to an applicant, upon denial of an applica19 tion for admission to federally assisted housing or to 

20 a federally assisted housing program— 

21 ‘‘(A) written notice of— 

22 ‘‘(i) the reason for such denial, includ23 ing the specific criminal conduct on which 

24 the denial is based; and 


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1 ‘‘(ii) the actions that the applicant 

2 may take to appeal such denial; and 

3 ‘‘(B) a copy of any documents that the 

4 public housing agency or owner used to support 

5 its determination of criminal conduct. 

6 ‘‘(d) OPPORTUNITY TO REMOVE CULPABLE HOUSE7 HOLD MEMBER.— 

8 ‘‘(1) IN GENERAL.—In the case of any covered 

9 criminal conduct described in subsection (a) war10 ranting denial of admission to federally assisted 

11 housing, the public housing agency or owner shall, 

12 before denying admission to the entire applicant 

13 household, provide the applicant household with the 

14 option of removing from the household the member 

15 or members who would be cause for such denial in 

16 order for the remainder of the household to be eligi17 ble for admission, and may only deny such admis18 sion if the applicant household refuses to exercise 

19 such option. 

20 ‘‘(2) NOTICE.—A public housing agency or 

21 owner shall provide the applicant household with 

22 written notice of the option required under para23 graph (1) within a reasonable time before notice of 

24 an adverse action relating to covered criminal con25 duct described in subsection (a). 


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1 ‘‘(e) PROHIBITION ON DRUG AND ALCOHOL TEST2 ING.—Notwithstanding any other provision of law, a pub3 lic housing agency or owner of federally assisted housing 

4 may not require drug or alcohol testing of any applicant 

5 for admission to federally assisted housing or a federally 

6 assisted housing program as a condition of such housing 

7 assistance. 

8 ‘‘(f) COMPLIANCE WITH LIMITED ENGLISH PRO9 FICIENCY REQUIREMENTS.—Any notice required under 

10 this section to be provided to an applicant or applicant 

11 household shall be provided in multiple languages, con12 sistent with guidance issued by the Secretary in accord13 ance with Executive Order 13166 (42 U.S.C. 2000d–1 

14 note; relating to access to services for persons with limited 

15 English proficiency).’’. 

16 (c) GUIDANCE.—Not later than the expiration of the 

17 180-day period beginning on the date of the enactment 

18 of this Act, the Secretary of Housing and Urban Develop19 ment, after consultation with the Attorney General of the 

20 United States and an opportunity for public comment on 

21 the proposed guidance, shall issue the following guidance: 

22 (1) INDIVIDUALIZED REVIEWS REGARDING THE

23 TOTALITY OF THE CIRCUMSTANCES.—Guidance re24 quired under paragraph (5) of section 576(b) of the 

25 Quality Housing and Work Responsibility Act of 


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1 1998, as such subsection is amended by subsection 

2 (b) of this section, regarding reviews required under 

3 paragraph (1) of such section 576(b). 

4 (2) MODEL NOTICE TO APPLICANTS.—Guidance 

5 setting forth model notification forms for use by 

6 public housing agencies and owners of federally as7 sisted housing in meeting the requirements of sub8 section (c) of section 576 of the Quality Housing 

9 and Work Responsibility Act of 1998, as added by 

10 the amendment made by subsection (b) of this sec11 tion. 

12 SEC. 4. REQUIREMENTS FOR TERMINATION OF TENANCY 

13 AND ASSISTANCE FOR COVERED CRIMINAL 

14 CONDUCT BY TENANTS OF FEDERALLY AS15 SISTED HOUSING. 

16 (a) DEFINITION OF COVERED CRIMINAL CON17 DUCT.—Paragraph (2) of section 579 of the Quality 

18 Housing and Work Responsibility Act of 1998 (42 U.S.C. 

19 13664), as added by the preceding provisions of this Act, 

20 is further amended by adding at the end the following new 

21 subparagraph: 

22 ‘‘(B) TERMINATION OF TENANCY OR AS23 SISTANCE.— 

24 ‘‘(i) IN GENERAL.—The term ‘covered 

25 criminal conduct’ means, with respect to 


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1 termination of tenancy or assistance, crimi2 nal conduct committed by the tenant or 

3 any member of the tenant’s household 

4 while receiving Federal housing assistance, 

5 that threatens the health or safety of other 

6 tenants, the employees, or the owner or 

7 public housing agency. Such term includes 

8 criminal conduct described in section 

9 16(f)(1) of the United States Housing Act 

10 of 1937 (42 U.S.C. 1437n(f)(1)). 

11 ‘‘(ii) EXCLUSIONS.—Such term does 

12 not include, with respect to termination of 

13 tenancy or assistance— 

14 ‘‘(I) a misdemeanor; 

15 ‘‘(II) an arrest for an offense for 

16 which the applicant was not subse17 quently adjudicated or convicted; 

18 ‘‘(III) any juvenile adjudication 

19 or conviction, including convictions 

20 where a juvenile was tried as an adult; 

21 ‘‘(IV) a conviction that has been 

22 expunged, sealed, or subject to similar 

23 judicial relief under State law; 

24 ‘‘(V) criminal citations or infrac25 tions regardless of classification; 


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1 ‘‘(VI) non-criminal citations; 

2 ‘‘(VII) a disposition received 

3 through successful completion of di4 version, deferred adjudication, de5 ferred entry of judgment, drug court, 

6 or similar judicial program under 

7 State law; 

8 ‘‘(VIII) a conviction for which 

9 the individual was sentenced only to 

10 probation; 

11 ‘‘(IX) an offense or offenses re12 lated to fees or back payments associ13 ated with incarceration; 

14 ‘‘(X) child support payments or 

15 back pay associated with barriers, in16 cluding incarceration, homelessness, 

17 unemployment, or disability; or 

18 ‘‘(XI) disciplinary infractions 

19 committed by elementary or secondary 

20 school students, or school related 

21 issues that are not criminal in nature, 

22 but may have led to justice involve23 ment.’’. 


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1 (b) REQUIREMENTS FOR TERMINATION.—Section 

2 577 of the Quality Housing and Work Responsibility Act 

3 of 1998 (42 U.S.C. 13662) is amended to read as follows: 

4 ‘‘SEC. 577. REQUIREMENTS FOR TERMINATION OF TEN5 ANCY AND ASSISTANCE FOR COVERED CRIMI6 NAL CONDUCT BY TENANTS OF FEDERALLY 

7 ASSISTED HOUSING. 

8 ‘‘(a) AUTHORITY TO TERMINATE FOR CRIMINAL

9 CONDUCT.—A public housing agency or owner of federally 

10 assisted housing may not terminate the tenancy of any 

11 tenant of federally assisted housing, or assistance for a 

12 household under any federally assisted housing program, 

13 based on any criminal conduct unless the agency or owner, 

14 as applicable, determines in accordance with this section 

15 that such conduct is covered criminal conduct (as such 

16 term is defined in section 579b). 

17 ‘‘(b) INDIVIDUALIZED REVIEW OF THE TOTALITY OF

18 THE CIRCUMSTANCES.— 

19 ‘‘(1) REQUIREMENT.—In determining whether 

20 to terminate tenancy or assistance to any household 

21 based on covered criminal conduct by a household 

22 member or any guest or other person under the con23 trol of a household member, a public housing agency 

24 or an owner of federally assisted housing shall con25 duct an individualized review of the totality of the 


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1 circumstances regarding the criminal conduct at 

2 issue, taking into consideration the household’s need 

3 for housing and the health and safety of the commu4 nity. 

5 ‘‘(2) MITIGATING FACTORS.—In conducting re6 views required under paragraph (1), a public hous7 ing agency or owner shall consider all factors pre8 sented, including all of the factors specified in sec9 tion 576(b)(4), as appropriate, except that, for pur10 poses of this paragraph— 

11 ‘‘(A) subparagraph (C)(v) of such section 

12 shall be applied by substituting ‘a member of 

13 the household’ for ‘the applicant’; and 

14 ‘‘(B) subparagraph (E)(ii) of such section 

15 shall be applied by substituting ‘in which the 

16 household resides’ for ‘to which the applicant’s 

17 application relates (if applicable)’. 

18 ‘‘(3) NONDISCRIMINATION.—When conducting 

19 an individualized review under this section, a public 

20 housing agency or owner of federally assisted hous21 ing shall comply with applicable civil rights require22 ments under the Fair Housing Act, title VI of the 

23 Civil Rights Act of 1964, section 504 of the Reha24 bilitation Act of 1973, and titles II and III of the 

25 Americans with Disabilities Act of 1990. 


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1 ‘‘(4) INVESTIGATIONS AND EVIDENCE PRE2 SENTED BY PUBLIC HOUSING AGENCY OR OWNER OF

3 FEDERALLY ASSISTED HOUSING.— 

4 ‘‘(A) FORCED ENTRY.—If conducting an 

5 investigation into alleged criminal conduct com6 mitted by a tenant or member of the tenant’s 

7 household, the public housing agency or owner 

8 of federally assisted housing may not enter the 

9 rental property unless entry is authorized by 

10 the tenant or a member of the tenant’s house11 hold. 

12 ‘‘(B) EVIDENCE PRESENTED BY PUBLIC

13 HOUSING AGENCY OR OWNER OF FEDERALLY

14 ASSISTED HOUSING.—If presenting evidence 

15 during the individualized review to demonstrate 

16 that a household member or any guest or other 

17 person under the control of a household mem18 ber engaged in covered criminal conduct, the 

19 public housing agency or owner of federally as20 sisted housing may only present substantiated 

21 evidence. 

22 ‘‘(5) GUIDANCE.—The Secretary shall issue 

23 guidance for public housing agencies and owners to 

24 implement the requirement to conduct individualized 

25 reviews in accordance with this subsection. 


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1 ‘‘(c) OPTION TO REMOVE CULPABLE HOUSEHOLD

2 MEMBER.— 

3 ‘‘(1) IN GENERAL.—In the case of any covered 

4 criminal conduct warranting termination of tenancy 

5 or assistance, the public housing agency or owner 

6 shall, before proceeding with eviction or termination 

7 proceedings against the entire tenant household, pro8 vide the tenant with the option of removing from the 

9 household the member that is culpable for the con10 duct that warrants the termination in order for the 

11 remainder of the household to continue to reside in 

12 the assisted unit, and may only proceed with eviction 

13 proceedings if the tenant refuses to exercise such op14 tion. 

15 ‘‘(2) LEASE OR VOUCHER BIFURCATION.—A 

16 public housing agency or owner or manager of feder17 ally assisted housing may bifurcate a lease for the 

18 housing or voucher in order to evict, remove, or ter19 minate assistance to any individual who is a tenant 

20 or lawful occupant of the housing and who engages 

21 in covered criminal conduct without evicting, remov22 ing, terminating assistance to, or otherwise penal23 izing other household members who are tenants or 

24 lawful occupants of the housing. 


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1 ‘‘(3) EFFECT OF EVICTION ON OTHER TEN2 ANTS.—If public housing agency or owner or man3 ager of federally assisted housing evicts, removes, or 

4 terminates assistance to an individual under para5 graph (2), and the individual is the sole tenant eligi6 ble to receive assistance under a federally assisted 

7 housing program, the public housing agency or 

8 owner or manager of the federally assisted housing 

9 shall provide any remaining tenant an opportunity to 

10 establish eligibility for the federally assisted housing. 

11 If a tenant described in the preceding sentence can12 not establish eligibility, the public housing agency or 

13 owner or manager of the housing shall provide the 

14 tenant a reasonable time of not less than 120 days, 

15 as determined by the Secretary, to find new housing 

16 or to establish eligibility for housing under another 

17 Federal housing program. 

18 ‘‘(4) AVAILABILITY OF REMEDIES.—Paragraphs 

19 (1) through (3) shall not supersede any protections 

20 or remedies available under the Violence Against 

21 Women Act of 1994 (42 U.S.C. 13925 et seq.). 

22 ‘‘(d) PROHIBITION ON DRUG AND ALCOHOL TEST23 ING.—Notwithstanding any other provision of law, a pub24 lic housing agency or owner of federally assisted housing 

25 may not require drug or alcohol testing of any tenant of 


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1 federally assisted housing or member of a tenant’s house2 hold as a condition of tenancy in such housing or contin3 ued receipt of such assistance.’’. 

4 (c) EFFECTIVE DATE.—Section 577 of the Quality 

5 Housing and Work Responsibility Act of 1998, as amend6 ed by subsection (b) of this section, shall take effect and 

7 apply on the date of the enactment of this Act. 

8 SEC. 5. EVICTION STANDARDS, LEASE TERMS, AND OTHER 

9 LIMITATIONS FOR PUBLIC HOUSING. 

10 (a) ADMINISTRATIVE GRIEVANCE PROCEDURES.— 

11 Subsection (k) of section 6 of the United States Housing 

12 Act of 1937 (42 U.S.C. 1437d(k)) is amended by striking 

13 the matter after and below paragraph (6). 

14 (b) LEASE TERMS.—Subsection (l) of section 6 of the 

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

16 is amended— 

17 (1) in paragraph (5), by inserting ‘‘, subject to 

18 paragraph (6)’’ before the semicolon at the end; 

19 (2) by striking paragraph (6) and inserting the 

20 following new paragraph: 

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

22 may not terminate the tenancy based on any crimi23 nal conduct unless the agency determines, in accord24 ance with section 577 of the Quality Housing and 

25 Work Responsibility Act of 1998, that such conduct 


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1 is covered criminal conduct (as such term is defined 

2 in section 579B of such Act);’’; 

3 (3) in the second paragraph designated as para4 graph (7) (relating to occupancy in violation of sec5 tion 576(b) of the Quality Housing and Work Re6 sponsibility Act of 1998; as added by section 

7 575(b)(4) of such Act (Public Law 105–276; 112 

8 Stat. 2635))— 

9 (A) by striking ‘‘any occupancy in violation 

10 of section 576(b) of the Quality Housing and 

11 Work Responsibility Act of 1998 (relating to in12 eligibility of illegal drug users and alcohol abus13 ers) or’’; 

14 (B) by striking ‘‘(relating to termination of 

15 tenancy and assistance for illegal drug users 

16 and alcohol abusers)’’; and 

17 (C) by redesignating such paragraph as 

18 paragraph (8); and 

19 (4) in paragraph (9)— 

20 (A) in subparagraph (A), by striking ‘‘; 

21 or’’ at the end and inserting a period; 

22 (B) by striking ‘‘if such tenant—’’ in the 

23 matter preceding subparagraph (A) and all that 

24 follows through ‘‘(A) is fleeing’’ and inserting 

25 ‘‘if such tenant is fleeing’’; and 


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1 (C) by striking paragraph (2). 

2 (c) PROHIBITION ON OBTAINING INFORMATION

3 FROM DRUG ABUSE TREATMENT FACILITIES.—Sub4 section (t) of section 6 of the United States Housing Act 

5 of 1937 (42 U.S.C. 1437d(t)) is amended— 

6 (1) in the subsection heading, by striking ‘‘OB7 TAINING’’ and inserting ‘‘PROHIBITION ON OBTAIN8 ING’’; 

9 (2) by striking paragraphs (1), (2), and (3) and 

10 inserting the following new paragraphs: 

11 ‘‘(1) PROHIBITION.—A public housing agency 

12 may not require a person who applies for admission 

13 to public housing to provide consent that authorizes 

14 the agency to receive information from a drug abuse 

15 treatment facility that is related to whether the ap16 plicant is currently engaging in the illegal use of a 

17 controlled substance or the applicant’s progress in 

18 rehabilitation, and may not request such an appli19 cant to provide such consent. Such an applicant may 

20 voluntarily provide such information, provide signed 

21 written consent for the agency to receive such infor22 mation, or provide signed written consent for such 

23 a facility to provide such information to an agency, 

24 for purposes of an individualized review under sec25 tion 576(b) of the Quality Housing and Work ReVerDate Sep 11 2014 20:27 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3685.IH H3685

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1 sponsibility Act of 1998 (42 U.S.C. 13661(b)) and 

2 an agency provided such information shall consider 

3 such information in conducting such a review. Noth4 ing in this paragraph may be construed to penalize 

5 or to authorize any penalty for an applicant for not 

6 providing such information or consent. 

7 ‘‘(2) EXPIRATION OF WRITTEN CONSENT.—An 

8 applicant’s signed written consent provided pursuant 

9 to paragraph (1) shall expire automatically after the 

10 public housing agency has made a final decision to 

11 either approve or deny the applicant’s application for 

12 admittance to public housing.’’; 

13 (3) by striking paragraph (6); and 

14 (4) by redesignating paragraphs (4), (5), (7), 

15 and (8) as paragraphs (3), (4), (5), and (6), respec16 tively. 

17 (d) VISITATION RIGHTS.—Section 6 of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437d) is amend19 ed by adding at the end the following new subsection: 

20 ‘‘(u) VISITATION RIGHTS.—A public housing agency 

21 may prohibit visitation of a public housing dwelling unit 

22 by a non-tenant on the basis of criminal conduct by such 

23 non-tenant only if— 


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1 ‘‘(1) such conduct is covered criminal conduct, 

2 as such term is defined in section 579B of the Qual3 ity Housing and Work Responsibility Act of 1998; 

4 ‘‘(2) the agency has thoroughly considered— 

5 ‘‘(A) all mitigating factors, including the 

6 same factors with respect to the non-tenant as 

7 are required under subsection (b) of such sec8 tion 576 to be considered with respect to an ap9 plicant for federally assisted housing; and 

10 ‘‘(B) the familial relationship between the 

11 tenant and the non-tenant as mitigating fac12 tors; 

13 ‘‘(3) in the case of any such prohibition of visi14 tation by a non-tenant, the agency provides the ten15 ant and non-tenant involved with an opportunity, 

16 not less frequently than annually, to request a rede17 termination with respect to such prohibition at 

18 which the tenant and non-tenant may present any 

19 new mitigating evidence; 

20 ‘‘(4) the agency has provided the non-tenant 

21 with written notice of the agency’s decision to pro22 hibit visitation, that— 

23 ‘‘(A) includes statements identifying the 

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1 tenant’s right to present mitigating factors to 

2 overturn the agency’s decision; and 

3 ‘‘(B) is provided in multiple languages, 

4 consistent with guidance issued by the Sec5 retary in accordance with Executive Order 

6 13166 (42 U.S.C. 2000d–1 note; relating to ac7 cess to services for persons with limited English 

8 proficiency); and 

9 ‘‘(5) such prohibition ends after a period of 

10 time that does not exceed three years.’’. 

11 (e) PRIVATELY MANAGED PUBLIC HOUSING AND

12 HOUSING FUNDED UNDER CERTAIN DEMONSTRATION

13 PROGRAMS.—Section 6 of the United States Housing Act 

14 of 1937 (42 U.S.C. 1437d), as amended by the preceding 

15 provisions of this section, is further amended by adding 

16 at the end the following new subsection: 

17 ‘‘(v) SCREENING AND EVICTION POLICIES FOR PRI18 VATELY MANAGED PUBLIC HOUSING AND HOUSING

19 FUNDED UNDER CERTAIN DEMONSTRATION PRO20 GRAMS.—Notwithstanding any other provision of law, in21 cluding subtitle F of the Quality Housing and Work Re22 sponsibility Act of 1998, in the case of any public housing 

23 dwelling units or projects that are managed by an entity 

24 other than the public housing agency that owns the units 

25 or project, any units or projects subject to the Moving to 


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1 Work demonstration program authorized under section 

2 204 of the Departments of Veterans Affairs and Housing 

3 and Urban Development and Independent Agencies Ap4 propriations Act, 1996 (Public Law 104–134; 110 Stat. 

5 1321), and any units with assistance converted under the 

6 Rental Assistance Demonstration program authorized 

7 under title II of the Transportation, Housing and Urban 

8 Development, and Related Agencies Appropriations Act, 

9 2012 (division C of Public Law 112–55; 125 Stat. 673), 

10 such units and projects shall be subject to the screening 

11 and eviction policies established pursuant to this section 

12 and subtitle F of the Quality Housing and Work Responsi13 bility Act of 1998 (42 U.S.C. 13661 et seq.) by the agency 

14 that owns the units or projects.’’. 

15 SEC. 6. TERMINATION OF TENANCY AND TENANT SELEC16 TION UNDER SECTION 8 RENTAL ASSISTANCE 

17 PROGRAM. 

18 (a) TERMINATION OF TENANCY IN PROJECTS WITH

19 PROJECT-BASED ASSISTANCE.—Subparagraph (B) of sec20 tion 8(d)(1) of the United States Housing Act of 1937 

21 (42 U.S.C. 1437f(d)(1)(B)) is amended— 

22 (1) in clause (ii), by inserting ‘‘, subject to 

23 clause (iii)’’ before the semicolon at the end; and 

24 (2) by striking clause (iii) and inserting the fol25 lowing new clause: 


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1 ‘‘(iii) during the term of the lease, the owner 

2 may not terminate the tenancy based on any crimi3 nal conduct unless the owner determines, in accord4 ance with section 577 of the Quality Housing and 

5 Work Responsibility Act of 1998, that such conduct 

6 is covered criminal conduct (as such term is defined 

7 in section 579B of such Act);’’. 

8 (b) SELECTION OF TENANTS UNDER VOUCHER PRO9 GRAM.—Subparagraph (B) of section 8(o)(6) of the 

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

11 1437f(o)(6)(B)) is amended— 

12 (1) by striking ‘‘(B) SELECTION OF TEN13 ANTS.—Each’’ and inserting the following: 

14 ‘‘(B) SELECTION OF TENANTS.— 

15 ‘‘(i) FUNCTION OF OWNER.—Each’’; 

16 (2) by inserting after ‘‘shall be the function of 

17 the owner.’’ the following: ‘‘Any owner that screens 

18 applicants based on the criminal background of the 

19 applicant or any member of the applicant household, 

20 or other permissible grounds for denial under sub21 title F of title V of the Quality Housing and Work 

22 Responsibility Act of 1998 (42 U.S.C. 13661 et seq.; 

23 relating to safety and security in public and assisted 

24 housing) or this section, shall provide each applicant, 

25 at the time of application, written notice that the 


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1 owner is conducting such screening, which notice 

2 shall be provided in multiple languages, consistent 

3 with guidance issued by the Secretary in accordance 

4 with Executive Order 13166 (42 U.S.C. 2000d–1 

5 note; relating to access to services for persons with 

6 limited English proficiency).’’; 

7 (3) by striking ‘‘In addition’’ and inserting the 

8 following: 

9 ‘‘(ii) SCREENING.—In addition’’; 

10 (4) by inserting before the period at the end the 

11 following: ‘‘, except that a public housing agency 

12 may not elect to screen applicants for the program 

13 based on criminal conduct. The preceding sentence 

14 may not be construed to limit or affect the authority 

15 of a public housing agency under section 576 of the 

16 Quality Housing and Work Responsibility Act of 

17 1998’’; and 

18 (5) by adding at the end the following new 

19 clause: 

20 ‘‘(iii) EXISTING ASSISTED FAMI21 LIES.—Previously assisted or subsidized 

22 families being provided with tenant protec23 tion assistance authorized by law (includ24 ing tenant protection vouchers, enhanced 

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1 based vouchers under subsection (o)(13)), 

2 families who are porting their vouchers to 

3 a new jurisdiction, and assisted families 

4 who are moving to redeveloped public hous5 ing (including any units with assistance 

6 converted under the Rental Assistance 

7 Demonstration program authorized under 

8 title II of the Transportation, Housing and 

9 Urban Development, and Related Agencies 

10 Appropriations Act, 2012 (division C of 

11 Public Law 112–55; 125 Stat. 673)), shall 

12 not be considered new applicants under 

13 this paragraph and shall not be subject to 

14 elective re-screening by a public housing 

15 agency.’’. 

16 (c) ADMINISTRATIVE FEES.—Subparagraph (B) of 

17 section 8(q)(2) of the United States Housing Act of 1937 

18 (42 U.S.C. 1437f(q)(2)(B)) is amended by inserting be19 fore the semicolon the following: ‘‘, except that persons 

20 who have exited a jail or prison shall be considered, for 

21 purposes of this subparagraph, to be experiencing dif22 ficulty in obtaining appropriate housing under the pro23 grams as determined by the Secretary’’. 


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1 SEC. 7. SCREENING AND TERMINATION OF TENANCY IN 

2 RURAL HOUSING PROGRAMS. 

3 (a) REGULATIONS.—The Secretary of Agriculture 

4 shall— 

5 (1) revise the regulations of the Secretary re6 garding screening of applicants for admission to 

7 housing assisted, and for housing assistance, under 

8 the covered rural housing programs (as such term is 

9 defined in subsection (b)) to provide that such regu10 lations are substantially similar to the regulations of 

11 the Secretary of Housing and Urban Development 

12 relating to screening of applicants for admission to 

13 federally assisted housing and to federally assisted 

14 housing programs, pursuant to the United States 

15 Housing Act of 1937, subtitle F of the Quality 

16 Housing and Work Responsibility Act of 1998, and 

17 any other applicable laws; and 

18 (2) revise the regulations of the Secretary re19 garding termination of tenancy in housing assisted, 

20 and termination of housing assistance, under the 

21 covered rural housing programs to provide that such 

22 regulations are substantially similar to the regula23 tions of the Secretary of Housing and Urban Devel24 opment relating to termination of tenancy in feder25 ally assisted housing, and termination of housing as26 sistance, pursuant to the United States Housing Act 


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1 of 1937, subtitle F of the Quality Housing and 

2 Work Responsibility Act of 1998, and any other ap3 plicable laws. 

4 (b) COVERED RURAL HOUSING PROGRAMS.—For 

5 purposes of this section, the term ‘‘covered rural housing 

6 programs’’ means— 

7 (1) the program under section 515 of the Hous8 ing Act of 1949 (42 U.S.C. 1485) for rural rental 

9 and cooperative housing; 

10 (2) the loan and grant programs under sections 

11 514 and 516 of such Act (42 U.S.C. 1484, 1486) 

12 for farm labor housing; 

13 (3) the program under section 533 of such Act 

14 (42 U.S.C. 1490M) for housing preservation grants; 

15 (4) the program under section 538 of such Act 

16 (42 U.S.C. 1490p–2) for loan guarantees for multi17 family rural rental housing; 

18 (5) the program under section 521(a) of such 

19 Act (42 U.S.C. 1490a) for rural housing rental as20 sistance; and 

21 (6) the program under section 542 of such Act 

22 (42 U.S.C. 1490r) for rural housing rental voucher 

23 assistance. 


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1 (c) TIMING; CONSULTATION.—The Secretary of Agri2 culture shall issue the revised regulations required under 

3 paragraph (1)— 

4 (1) after consultation with the Secretary of 

5 Housing and Urban Development; and 

6 (2) not later than the expiration of the 180-day 

7 period that begins upon the conclusion of the period 

8 specified in section 10 of this Act. 

9 (d) CONFORMING AMENDMENT.—Paragraph (3) of 

10 section 579 of the Quality Housing and Work Responsi11 bility Act of 1998 (42 U.S.C. 13664), as so redesignated 

12 by the amendments made by section 3 of this Act, is fur13 ther amended— 

14 (1) in subparagraph (G), by inserting ‘‘or’’ 

15 after the semicolon at the end; 

16 (2) in subparagraph (H), by striking ‘‘; or’’ and 

17 inserting a period; and 

18 (3) by striking subparagraph (I). 

19 SEC. 8. DATA COLLECTION. 

20 (a) IN GENERAL.—Subtitle F of the Quality Housing 

21 and Work Responsibility Act of 1998 (42 U.S.C. 13661 

22 et seq.) is amended— 

23 (1) by redesignating section 579, as amended 

24 by the preceding provisions of this Act, as section 

25 579B; and 


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1 (2) by inserting after section 578 (42 U.S.C. 

2 13663) the following new section: 

3 ‘‘SEC. 579. DATA COLLECTION. 

4 ‘‘(a) APPLICATIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall require 

6 each public housing agency and owner to submit a 

7 report to the Secretary on an annual basis that con8 tains the following information for the preceding 12- 

9 month reporting period: 

10 ‘‘(A) The number of applications for ad11 mission to federally assisted housing or a feder12 ally assisted housing program reviewed by the 

13 public housing agency, including its review 

14 panel, or owner. 

15 ‘‘(B) The number of applications for ad16 mission to federally assisted housing or a feder17 ally assisted housing program reviewed by the 

18 public housing agency, including its review 

19 panel, or owner for covered criminal conduct. 

20 ‘‘(C) The number of denials of applications 

21 for admission to federally assisted housing or a 

22 federally assisted housing program rendered by 

23 the public housing agency or owner on the basis 

24 of covered criminal conduct. 


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1 ‘‘(D) The number of such denials pursuant 

2 to which the applicant filed a request for infor3 mal review. 

4 ‘‘(E) The number of such denials that were 

5 overturned following informal review. 

6 ‘‘(F) The information required under sub7 paragraphs (A) through (E) disaggregated by 

8 the race of the applicant, the ethnicity of the 

9 applicant, the sex of the applicant, and whether 

10 the applicant had a disability as defined by sec11 tion 504 of the Rehabilitation Act of 1973 (29 

12 U.S.C. 794). 

13 ‘‘(2) CONFIDENTIALITY.—The information col14 lected pursuant to paragraph (1) shall be subject to 

15 the same confidentiality requirements of section 

16 576(b)(2)(F) that are applicable to information 

17 gathered in the process of screening for criminal 

18 convictions. 

19 ‘‘(b) TERMINATIONS.—The Secretary shall require 

20 each public housing agency and owner to submit a report 

21 to the Secretary on an annual basis that contains the fol22 lowing information for the preceding 12-month reporting 

23 period: 


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1 ‘‘(1) The number of terminations of tenancy 

2 and terminations of assistance initiated by the public 

3 housing agency or owner. 

4 ‘‘(2) The number of terminations of tenancy 

5 and terminations of assistance rendered by the pub6 lic housing agency or owner on the basis of covered 

7 criminal activity. 

8 ‘‘(3) For each termination of tenancy or assist9 ance based on covered criminal conduct, the specific 

10 type or types of covered criminal conduct involved, 

11 including the disposition of any criminal charges 

12 against the tenant or participant. 

13 ‘‘(4) The information required under para14 graphs (1) through (3) disaggregated by the race of 

15 the applicant, the ethnicity of the applicant, the sex 

16 of the applicant, and whether the applicant had a 

17 disability as defined by section 504 of the Rehabili18 tation Act of 1973 (29 U.S.C. 794).’’. 

19 (b) CONFORMING AMENDMENT.—Subsection (c) of 

20 section 578 of the Quality Housing and Work Responsi21 bility Act of 1998 (42 U.S.C. 13663(c)) is amended by 

22 striking ‘‘section 579(a)(2)’’ and inserting ‘‘section 

23 579B(3)’’. 


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1 SEC. 9. COMPLIANCE. 

2 Subtitle F of the Quality Housing and Work Respon3 sibility Act of 1998 (42 U.S.C. 13661 et seq.), as amended 

4 by the preceding provisions of this Act, is further amended 

5 by inserting after section 579 (as added by section 8 of 

6 this Act) the following new section: 

7 ‘‘SEC. 579A. COMPLIANCE. 

8 ‘‘A public housing agency or owner of federally as9 sisted housing, as applicable, shall be solely responsible for 

10 compliance with the requirements of this subtitle, notwith11 standing the use of any third party for such purposes. In 

12 a case of failure of a public housing agency or owner to 

13 comply with the requirements of this subtitle, the Sec14 retary may withhold funds made available for the federally 

15 assisted housing program under which the failure to com16 ply occurred from the agency or owner.’’. 

17 SEC. 10. NO INTERFERENCE WITH STATE OR LOCAL REGU18 LATORY AUTHORITY. 

19 This Act and the amendments made by this Act may 

20 not be construed to preempt any State or local regulations 

21 or requirements that do not prevent the application of the 

22 provisions of this Act or such amendments. 

23 SEC. 11. REGULATIONS. 

24 The Secretary of Housing and Urban Development 

25 shall issue any regulations necessary to carry out the 

26 amendments made by sections 2 through 6 and section 


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1 8 of this Act not later than the expiration of the 12-month 

2 period beginning on the date of the enactment of this Act. 

3 SEC. 12. EFFECTIVE DATE. 

4 Except as specifically provided otherwise in this Act, 

5 the amendments made by this Act shall be made on, and 

6 shall apply beginning upon, the effective date of the regu7 lations issued pursuant to section 11. 

Æ 


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