II 

116TH CONGRESS 

1ST SESSION S. 2076 

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 SENATE OF THE UNITED STATES 

JULY 10, 2019 

Ms. HARRIS (for herself and Mr. BOOKER) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

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 2019’’. 

6 SEC. 2. DATA COLLECTION; COMPLIANCE; DEFINITIONS. 

7 Subtitle F of the Quality Housing and Work Respon8 sibility Act of 1998 (42 U.S.C. 13661 et seq.) is amend9 ed— 


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1 (1) in section 578(c) (42 U.S.C. 13663(c)), by 

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

3 579B(3)’’; 

4 (2) by redesignating section 579 as section 

5 579B; 

6 (3) by inserting after section 578 (42 U.S.C. 

7 13663) the following: 

8 ‘‘SEC. 579. DATA COLLECTION. 

9 ‘‘(a) APPLICATIONS.— 

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

11 each public housing agency and owner to submit a 

12 report to the Secretary on an annual basis that con13 tains the following information for the preceding 12- 

14 month reporting period: 

15 ‘‘(A) 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 by the review 

19 panel of the public housing agency, or owner. 

20 ‘‘(B) The number of applications for ad21 mission to federally assisted housing or a feder22 ally assisted housing program reviewed by the 

23 public housing agency, including by the review 

24 panel of the public housing agency, or owner for 

25 covered criminal conduct. 


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

2 for admission to federally assisted housing or a 

3 federally assisted housing program rendered by 

4 the public housing agency or owner on the basis 

5 of covered criminal conduct. 

6 ‘‘(D) The number of denials described in 

7 subparagraph (C) pursuant to which the appli8 cant filed a request for informal review. 

9 ‘‘(E) The number of denials described in 

10 subparagraph (C) that were overturned fol11 lowing informal review. 

12 ‘‘(F) The information required under sub13 paragraphs (A) through (E) disaggregated by 

14 the race of the applicant, the ethnicity of the 

15 applicant, the sex of the applicant, and whether 

16 the applicant had a disability as defined by sec17 tion 504 of the Rehabilitation Act of 1973 (29 

18 U.S.C. 794). 

19 ‘‘(2) CONFIDENTIALITY.—The information col20 lected pursuant to paragraph (1) shall be subject to 

21 the same confidentiality requirements of section 

22 576(b)(2)(F) that are applicable to information 

23 gathered in the process of screening for criminal 

24 convictions. 


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

2 each public housing agency and owner to submit a report 

3 to the Secretary on an annual basis that contains the fol4 lowing information for the preceding 12-month reporting 

5 period: 

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

7 and terminations of assistance initiated by the public 

8 housing agency or owner. 

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

10 and terminations of assistance rendered by the pub11 lic housing agency or owner on the basis of covered 

12 criminal activity. 

13 ‘‘(3) For each termination of tenancy or assist14 ance based on covered criminal conduct, the specific 

15 type or types of covered criminal conduct involved, 

16 including the disposition of any criminal charges 

17 against the tenant or participant. 

18 ‘‘(4) The information required under para19 graphs (1) through (3) disaggregated by the race of 

20 the applicant, the ethnicity of the applicant, the sex 

21 of the applicant, and whether the applicant had a 

22 disability as defined by section 504 of the Rehabili23 tation Act of 1973 (29 U.S.C. 794).’’; 

24 (4) by inserting after section 579, as added by 

25 paragraph (3), the following: 


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1 ‘‘SEC. 579A. COMPLIANCE. 

2 ‘‘A public housing agency or owner of federally as3 sisted housing, as applicable, shall be solely responsible for 

4 compliance with the requirements of this subtitle, notwith5 standing the use of any third party for such purposes. In 

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

7 comply with the requirements of this subtitle, the Sec8 retary may withhold funds made available for the federally 

9 assisted housing program under which the failure to com10 ply occurred from the agency or owner.’’; and 

11 (5) in section 579B, as so redesignated— 

12 (A) by striking ‘‘(a) DEFINITIONS.—’’; 

13 (B) by striking paragraph (1) and insert14 ing the following: 

15 ‘‘(1) CONVICTION.— 

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

17 means judgment of guilt or nolo contendere or 

18 any disposition arising therefrom. 

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

20 include— 

21 ‘‘(i) an arrest or any disposition there22 from that did not result in a conviction; 

23 ‘‘(ii) any criminal disposition for an 

24 offense committed prior to the defendant’s 

25 18th birthday; 


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1 ‘‘(iii) a conviction that has been ex2 punged, sealed, or subject to similar judi3 cial relief; 

4 ‘‘(iv) a disposition received through 

5 successful completion of diversion, deferred 

6 adjudication, deferred entry of judgment, 

7 drug court, or similar judicial program 

8 under State law; or 

9 ‘‘(v) any other criminal disposition not 

10 deemed a conviction under State or Fed11 eral law.’’; 

12 (C) by redesignating paragraphs (2) and 

13 (3) as paragraphs (3) and (4), respectively; 

14 (D) by inserting after paragraph (1) the 

15 following: 

16 ‘‘(2) COVERED CRIMINAL CONDUCT.— 

17 ‘‘(A) ADMISSION TO FEDERALLY ASSISTED

18 HOUSING.— 

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

20 criminal conduct’ means, with respect to 

21 admission to federally assisted housing, 

22 criminal conduct— 

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

24 member of the household of the appli25 cant has been convicted of a felony 


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1 under State or Federal criminal law; 

2 and 

3 ‘‘(II) that threatens the health or 

4 safety of other tenants, the employees, 

5 or the owner or public housing agen6 cy. 

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 person served a 

13 sentence of less than 10 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 person was sentenced only to proba21 tion. 

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

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

25 criminal conduct’— 


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1 ‘‘(I) means, with respect to ter2 mination of tenancy or assistance, 

3 criminal conduct committed by the 

4 tenant or any member of the house5 hold of the tenant while receiving 

6 Federal housing assistance, that 

7 threatens the health or safety of other 

8 tenants, the employees, or the owner 

9 or public housing agency; and 

10 ‘‘(II) includes criminal conduct 

11 described in section 16(f)(1) of the 

12 United States Housing Act of 1937 

13 (42 U.S.C. 1437n(f)(1)). 

14 ‘‘(ii) EXCLUSIONS.—Such term does 

15 not include, with respect to termination of 

16 tenancy or assistance— 

17 ‘‘(I) a misdemeanor; 

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

19 which the applicant was not subse20 quently adjudicated or convicted; 

21 ‘‘(III) any juvenile adjudication 

22 or conviction, including convictions 

23 where a juvenile was tried as an adult; 


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1 ‘‘(IV) a conviction that has been 

2 expunged, sealed, or subject to similar 

3 judicial relief under State law; 

4 ‘‘(V) criminal citations or infrac5 tions regardless of classification; 

6 ‘‘(VI) non-criminal citations; 

7 ‘‘(VII) a disposition received 

8 through successful completion of di9 version, deferred adjudication, de10 ferred entry of judgment, drug court, 

11 or similar judicial program under 

12 State law; 

13 ‘‘(VIII) a conviction for which 

14 the person was sentenced only to pro15 bation; 

16 ‘‘(IX) an offense or offenses re17 lated to fees or back payments associ18 ated with incarceration; 

19 ‘‘(X) child support payments or 

20 back pay associated with barriers, in21 cluding incarceration, homelessness, 

22 unemployment, or disability; or 

23 ‘‘(XI) disciplinary infractions 

24 committed by elementary or secondary 

25 school students, or school related 


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1 issues that are not criminal in nature, 

2 but may have led to justice involve3 ment.’’; 

4 (E) in paragraph (3), as so redesignated— 

5 (i) in subparagraph (G), by inserting 

6 ‘‘or’’ after the semicolon at the end; 

7 (ii) in subparagraph (H), by striking 

8 ‘‘; or’’ and inserting a period; and 

9 (iii) by striking subparagraph (I); and 

10 (F) in paragraph (4), as so redesignated, 

11 by adding after the period at the end the fol12 lowing: ‘‘For purposes of sections 576 and 577, 

13 such term does not include an owner of feder14 ally assisted housing described in paragraph 

15 (3)(B).’’. 

16 SEC. 3. SCREENING OF APPLICANTS FOR FEDERALLY AS17 SISTED HOUSING. 

18 (a) SCREENING OF APPLICANTS.—Section 576 of the 

19 Quality Housing and Work Responsibility Act of 1998 (42 

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

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

22 ASSISTED HOUSING. 

23 ‘‘(a) AUTHORITY TO DENY ADMISSION FOR CRIMI24 NAL CONDUCT.—Except as otherwise provided by this sec25 tion and in addition to any other authority to screen appliVerDate Sep 11 2014 20:20 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2076.IS S2076

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1 cants, in selecting among applicants for admission to fed2 erally assisted housing or a federally assisted housing pro3 gram, including persons seeking to join a household cur4 rently receiving Federal housing assistance, a public hous5 ing agency or owner of such housing (as applicable) may 

6 deny an applicant admission to the program or to federally 

7 assisted housing based on any criminal conduct only if the 

8 agency or owner determines, based on an individualized 

9 review of the totality of the circumstances, that the appli10 cant or any member of the household of the applicant was 

11 engaged in covered criminal conduct, within a reasonable 

12 period of time preceding the date on which the applicant 

13 household would otherwise be admitted to the federally as14 sisted housing or to the program. 

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

16 THE CIRCUMSTANCES.— 

17 ‘‘(1) REQUIREMENT.—Before denying admis18 sion to an applicant pursuant to subsection (a), a 

19 public housing agency or owner of federally assisted 

20 housing shall conduct an individualized review of the 

21 totality of the circumstances regarding the criminal 

22 conduct at issue. 

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

24 TENANT-BASED RENTAL ASSISTANCE APPLICANTS.— 

25 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) GUIDANCE FOR REVIEW

2 PANEL.—The Secretary shall issue guid3 ance requiring each public housing agency 

4 to establish a review panel to conduct the 

5 individualized review required under para6 graph (1) with respect to applications for 

7 federally assisted housing specified in sub8 paragraphs (A) and (B) of section 

9 579B(3). 

10 ‘‘(ii) MITIGATING EVIDENCE.—An ap11 plicant may present mitigating evidence for 

12 the review panel to determine whether the 

13 applicant should be admitted. 

14 ‘‘(B) MEMBERSHIP.—Each review panel 

15 described in this paragraph shall include not 

16 less than 1 resident representative. 

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

18 in writing of their panel review not less than 14 

19 days before date of the review, and notice shall 

20 be provided in accordance with subsection (c). 

21 ‘‘(D) CONVICTION INFORMATION.— 

22 ‘‘(i) IN GENERAL.—A public housing 

23 agency shall produce a detailed criminal 

24 conviction report to be used by the review 

25 panel in the review process. 


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1 ‘‘(ii) CORRECTION OF ERRORS.—If an 

2 applicant identifies an error on the crimi3 nal conviction report used by the review 

4 panel, the applicant shall have the oppor5 tunity to defer his or her application prior 

6 to panel review to correct the report. 

7 ‘‘(iii) SHARING.—A report described 

8 in this subparagraph shall be shared only 

9 with the applicant and members of the re10 view panel. 

11 ‘‘(E) BURDEN OF PROOF.—A public hous12 ing agency may not deny admission to an appli13 cant unless the agency determines, by a prepon14 derance of the evidence, that the criminal con15 duct of the applicant renders the applicant unfit 

16 for housing. 

17 ‘‘(F) CONFIDENTIALITY.— 

18 ‘‘(i) REQUIREMENT.—All information 

19 gathered in the process of screening for 

20 criminal convictions shall be kept confiden21 tial and shall not be released unless the 

22 applicant agrees in writing or the release 

23 of the information is otherwise required by 

24 law. 


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1 ‘‘(ii) POLICY.—Public housing agen2 cies shall establish a formal confidentiality 

3 policy with respect to screening for crimi4 nal convictions. 

5 ‘‘(G) DECISION-MAKING PROCESS.—A re6 view panel described in this paragraph shall— 

7 ‘‘(i) review the circumstances of an 

8 applicant and other available information, 

9 including any information the applicant 

10 chooses to bring to the attention of the re11 view panel; and 

12 ‘‘(ii) not later than 7 days after the 

13 date on which the review begins, the review 

14 panel shall review all relevant information 

15 and determine whether, by a preponder16 ance of the evidence, the criminal record of 

17 the applicant renders the applicant unfit 

18 for housing. 

19 ‘‘(H) APPEALS.— 

20 ‘‘(i) IN GENERAL.—Each applicant 

21 shall have a right to appeal a decision by 

22 a review panel under this paragraph to 

23 deny admission to housing, in accordance 

24 with any applicable regulations. 


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1 ‘‘(ii) APPEAL.—An applicant shall 

2 have 14 days to appeal the determination 

3 made under subparagraph (G)(ii) and a re4 quest for such an appeal shall be made in 

5 writing. 

6 ‘‘(iii) HEARING.—Pursuant to a re7 quest made under clause (ii), the public 

8 housing agency shall hold an informal 

9 hearing and decide whether to uphold the 

10 initial determination within 7 days after 

11 the hearing. 

12 ‘‘(iv) RESERVATION OF ASSIST13 ANCE.—The public housing agency shall 

14 hold the dwelling unit open or shall reserve 

15 the assistance under the federally assisted 

16 housing program, as the case may be, dur17 ing the entire time of the appeals process 

18 under this subparagraph. 

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 (42 U.S.C. 3601 

24 et seq.), title VI of the Civil Rights Act of 1964 (42 

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1 tion Act of 1973 (29 U.S.C. 794), and titles II and 

2 III of the Americans with Disabilities Act of 1990 

3 (42 U.S.C. 12131 et seq., 12181 et seq.). 

4 ‘‘(4) REVIEW FACTORS.—In conducting the re5 views required under paragraph (1), the public hous6 ing agency or owner shall consider the following fac7 tors holistically, such that no single factor is disposi8 tive: 

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

10 criminal offense or offenses committed. 

11 ‘‘(B) TIME ELAPSED.—The amount of 

12 time elapsed since the criminal offense or of13 fenses were committed. 

14 ‘‘(C) EVIDENCE OF REHABILITATION.— 

15 Evidence of rehabilitation, including— 

16 ‘‘(i) the satisfactory compliance of a 

17 person with all terms and conditions of pa18 role or probation, provided that the failure 

19 of the person to pay fines, fees, and res20 titution shall not be considered noncompli21 ance with terms and conditions of parole 

22 or probation; 

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1 ment since conviction, including training 

2 received or employment while incarcerated; 

3 ‘‘(iii) completion of or active partici4 pation in rehabilitative treatment, includ5 ing alcohol or drug treatment; 

6 ‘‘(iv) letters of recommendation from 

7 community organizations, counselors, case 

8 managers, teachers, community leaders, 

9 parole officers, and probation officers who 

10 have observed the person; 

11 ‘‘(v) the familial relationship of a per12 son with a person who may be currently 

13 residing in the dwelling unit in federally 

14 assisted housing that the applicant is ap15 plying for residence in; or 

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

17 of the conviction. 

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

19 the applicant received a reduced sentence for 

20 the criminal offense or offenses committed. 

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

22 of the criminal offense, which shall include the 

23 following: 


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1 ‘‘(i) OFFENSES RELATED TO AN INDI2 VIDUAL’S DISABILITY STATUS.—Whether 

3 the criminal offense or offenses— 

4 ‘‘(I) were committed by a mem5 ber of the household who is an indi6 vidual with disabilities who is entitled 

7 to a reasonable accommodation under 

8 the Fair Housing Act (42 U.S.C. 

9 3601 et seq.) or section 504 of the 

10 Rehabilitation Act of 1974 (29 U.S.C. 

11 794); and 

12 ‘‘(II) are related to or resulted 

13 from a symptom of a disability of the 

14 member of the household who com15 mitted the criminal offense or of16 fenses. 

17 ‘‘(ii) PROXIMITY TO ASSISTED HOUS18 ING.—Whether the criminal offense or of19 fenses occurred on or near the federally as20 sisted housing to which the application of 

21 the applicant relates, if applicable. 

22 ‘‘(iii) OFFENSES RELATED TO AN IN23 DIVIDUAL’S STATUS AS A VICTIM OF DO24 MESTIC VIOLENCE.—Whether the criminal 

25 offense or offenses committed arose from 


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1 the status of a member of the household as 

2 a victim of domestic violence, dating vio3 lence, sexual assault, or stalking, as those 

4 terms are defined in section 40002 of the 

5 Violence Against Women Act of 1994 (34 

6 U.S.C. 12291). 

7 ‘‘(F) OTHER MITIGATING INFORMATION.— 

8 Any other mitigating information provided by 

9 the applicant, or provided on behalf of the ap10 plicant, including any information regarding the 

11 rehabilitation or good conduct of the member of 

12 the household who committed the criminal of13 fense or offenses. 

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

15 guidance for public housing agencies and owners to 

16 implement the requirement to conduct individualized 

17 reviews in accordance with this section. 

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

19 public housing agency and owner of federally assisted 

20 housing to provide— 

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

22 upon selection from the wait list for admission to 

23 federally assisted housing or to a federally assisted 

24 housing program, at the time of application and se25 lection from the wait list, written notice of the policy 


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1 of the agency or owner pursuant to this subtitle or 

2 any other provision of law regarding denial of admis3 sion for criminal conduct, which shall include— 

4 ‘‘(A) notice of the authority under sub5 section (a) to deny admission based on covered 

6 criminal conduct and notice of the specific rea7 sonable time period to which such authority ap8 plies; 

9 ‘‘(B) notice of the requirement under sub10 section (b) to consider the totality of the cir11 cumstances and the right under subsection 

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

13 ‘‘(C) when applicable— 

14 ‘‘(i) a criminal conviction report that 

15 the public housing agency plans to provide 

16 to the review panel to be used in the indi17 vidualized review of the applicant or a 

18 member of the household of the applicant; 

19 and 

20 ‘‘(ii) notice of right of a tenant to ap21 pear at the review panel and correct inac22 curacies in his or her criminal conviction 

23 report; and 


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1 ‘‘(2) to an applicant, upon denial of an applica2 tion for admission to federally assisted housing or to 

3 a federally assisted housing program— 

4 ‘‘(A) written notice of— 

5 ‘‘(i) the reason for the denial, includ6 ing the specific criminal conduct on which 

7 the denial is based; and 

8 ‘‘(ii) the actions that the applicant 

9 may take to appeal the denial; and 

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

11 public housing agency or owner used to support 

12 its determination of criminal conduct. 

13 ‘‘(d) OPPORTUNITY TO REMOVE CULPABLE HOUSE14 HOLD MEMBER.— 

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

16 criminal conduct described in subsection (a) war17 ranting denial of admission to federally assisted 

18 housing, the public housing agency or owner shall, 

19 before denying admission to the entire applicant 

20 household, provide the applicant household with the 

21 option of removing from the household the member 

22 or members who would be cause for the denial in 

23 order for the remainder of the household to be eligi24 ble for admission, and may only deny admission if 


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1 the applicant household refuses to exercise that op2 tion. 

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

4 owner shall provide the applicant household with 

5 written notice of the option required under para6 graph (1) within a reasonable time before notice of 

7 an adverse action relating to covered criminal con8 duct described in subsection (a). 

9 ‘‘(e) PROHIBITION ON DRUG AND ALCOHOL TEST10 ING.—Notwithstanding any other provision of law, a pub11 lic housing agency or owner of federally assisted housing 

12 may not require drug or alcohol testing of any applicant 

13 for admission to federally assisted housing or a federally 

14 assisted housing program as a condition of that housing 

15 assistance. 

16 ‘‘(f) COMPLIANCE WITH LIMITED ENGLISH PRO17 FICIENCY REQUIREMENTS.—Any notice required under 

18 this section to be provided to an applicant or applicant 

19 household shall be provided in multiple languages, con20 sistent with guidance issued by the Secretary in accord21 ance with Executive Order 13166 (42 U.S.C. 2000d–1 

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

23 English proficiency).’’. 

24 (b) GUIDANCE.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary of Housing 


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1 and Urban Development, after consultation with the At2 torney General and an opportunity for public comment on 

3 the proposed guidance, shall issue the following guidance: 

4 (1) INDIVIDUALIZED REVIEWS REGARDING THE

5 TOTALITY OF THE CIRCUMSTANCES.—Guidance re6 quired under paragraph (5) of section 576(b) of the 

7 Quality Housing and Work Responsibility Act of 

8 1998 (42 U.S.C. 13661(b)), as amended by sub9 section (a) of this section, regarding reviews re10 quired under paragraph (1) of such section 576(b). 

11 (2) MODEL NOTICE TO APPLICANTS.—Guidance 

12 setting forth model notification forms for use by 

13 public housing agencies and owners of federally as14 sisted housing in meeting the requirements of sub15 section (c) of section 576 of the Quality Housing 

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

17 13661), as added by subsection (b) of this section. 

18 SEC. 4. REQUIREMENTS FOR TERMINATION OF TENANCY 

19 AND ASSISTANCE FOR COVERED CRIMINAL 

20 CONDUCT BY TENANTS OF FEDERALLY AS21 SISTED HOUSING. 

22 (a) REQUIREMENTS FOR TERMINATION.—Section 

23 577 of the Quality Housing and Work Responsibility Act 

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


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1 ‘‘SEC. 577. REQUIREMENTS FOR TERMINATION OF TEN2 ANCY AND ASSISTANCE FOR COVERED CRIMI3 NAL CONDUCT BY TENANTS OF FEDERALLY 

4 ASSISTED HOUSING. 

5 ‘‘(a) AUTHORITY TO TERMINATE FOR CRIMINAL

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

7 assisted housing may not terminate the tenancy of any 

8 tenant of federally assisted housing, or assistance for a 

9 household under any federally assisted housing program, 

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

11 as applicable, determines in accordance with this section 

12 that the conduct is covered criminal conduct, as defined 

13 in section 579B. 

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

15 THE CIRCUMSTANCES.— 

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

17 to terminate tenancy or assistance to any household 

18 based on covered criminal conduct by a household 

19 member or any guest or other person under the con20 trol of a household member, a public housing agency 

21 or an owner of federally assisted housing shall con22 duct an individualized review of the totality of the 

23 circumstances regarding the criminal conduct at 

24 issue, taking into consideration the need of the 

25 household for housing and the health and safety of 

26 the community. 


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1 ‘‘(2) MITIGATING FACTORS.—In conducting re2 views required under paragraph (1), a public hous3 ing agency or owner shall consider all factors pre4 sented, including all of the factors specified in sec5 tion 576(b)(4), as appropriate, except that, for pur6 poses of this paragraph— 

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

8 shall be applied by substituting ‘a member of 

9 the household’ for ‘the applicant’; and 

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

11 shall be applied by substituting ‘in which the 

12 household resides’ for ‘to which the application 

13 of the applicant relates (if applicable)’. 

14 ‘‘(3) NONDISCRIMINATION.—When conducting 

15 an individualized review under this section, a public 

16 housing agency or owner of federally assisted hous17 ing shall comply with applicable civil rights require18 ments under the Fair Housing Act (42 U.S.C. 3601 

19 et seq.), title VI of the Civil Rights Act of 1964 (42 

20 U.S.C. 2000d et seq.), section 504 of the Rehabilita21 tion Act of 1973 (29 U.S.C. 794), and titles II and 

22 III of the Americans with Disabilities Act of 1990 

23 (42 U.S.C. 12131 et seq., 12181 et seq.). 


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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 household of 

7 the tenant, 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 household of the 

11 tenant. 

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 ‘‘(A) shall, before proceeding with eviction 

7 or termination proceedings against the entire 

8 tenant household, provide the tenant with the 

9 option of removing from the household the 

10 member that is culpable for the conduct that 

11 warrants the termination in order for the re12 mainder of the household to continue to reside 

13 in the assisted unit; and 

14 ‘‘(B) may only proceed with eviction pro15 ceedings if the tenant refuses to exercise the op16 tion described in subparagraph (A). 

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

18 public housing agency or owner or manager of feder19 ally assisted housing may bifurcate a lease for the 

20 housing or voucher in order to evict, remove, or ter21 minate assistance to any individual who is a tenant 

22 or lawful occupant of the housing and who engages 

23 in covered criminal conduct without evicting, remov24 ing, terminating assistance to, or otherwise penalVerDate Sep 11 2014 20:20 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2076.IS S2076

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1 izing other household members who are tenants or 

2 lawful occupants of the housing. 

3 ‘‘(3) EFFECT OF EVICTION ON OTHER TEN4 ANTS.— 

5 ‘‘(A) IN GENERAL.—If a public housing 

6 agency or owner or manager of federally as7 sisted housing evicts, removes, or terminates as8 sistance to an individual under paragraph (2), 

9 and the individual is the sole tenant eligible to 

10 receive assistance under a federally assisted 

11 housing program, the public housing agency or 

12 owner or manager of the federally assisted 

13 housing shall provide any remaining tenant an 

14 opportunity to establish eligibility for the feder15 ally assisted housing. 

16 ‘‘(B) EXTENSION.—If a tenant described 

17 in subparagraph (A) cannot establish eligibility, 

18 the public housing agency or owner or manager 

19 of the housing shall provide the tenant a rea20 sonable time of not less than 120 days, as de21 termined by the Secretary, to find new housing 

22 or to establish eligibility for housing under an23 other Federal housing program. 

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

25 (1), (2), and (3) shall not supersede any protections 


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1 or remedies available under the Violence Against 

2 Women Act of 1994 (34 U.S.C. 12291 et seq.). 

3 ‘‘(d) PROHIBITION ON DRUG AND ALCOHOL TEST4 ING.—Notwithstanding any other provision of law, a pub5 lic housing agency or owner of federally assisted housing 

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

7 federally assisted housing or member of the household of 

8 the tenant as a condition of tenancy in that housing or 

9 continued receipt of that assistance.’’. 

10 (b) EFFECTIVE DATE.—Section 577 of the Quality 

11 Housing and Work Responsibility Act of 1998, as amend12 ed by subsection (a) of this section, shall take effect and 

13 apply on the date of enactment of this Act. 

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

15 LIMITATIONS FOR PUBLIC HOUSING. 

16 Section 6 of the United States Housing Act of 1937 

17 (42 U.S.C. 1437d) is amended— 

18 (1) in subsection (k), by striking the matter fol19 lowing paragraph (6); 

20 (2) in subsection (l)— 

21 (A) in paragraph (5), by inserting ‘‘, sub22 ject to paragraph (6)’’ before the semicolon at 

23 the end; 

24 (B) by striking paragraph (6) and insert25 ing the following: 


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

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

5 Work Responsibility Act of 1998 (42 U.S.C. 13662), 

6 that the conduct is covered criminal conduct (as de7 fined in section 579B of such Act);’’; 

8 (C) in the second paragraph designated as 

9 paragraph (7) (relating to occupancy in viola10 tion of section 576(b) of the Quality Housing 

11 and Work Responsibility Act of 1998; as added 

12 by section 575(b)(4) of such Act (Public Law 

13 105–276; 112 Stat. 2635))— 

14 (i) by striking ‘‘any occupancy in vio15 lation of section 576(b) of the Quality 

16 Housing and Work Responsibility Act of 

17 1998 (relating to ineligibility of illegal 

18 drug users and alcohol abusers) or’’; 

19 (ii) by striking ‘‘(relating to termi20 nation of tenancy and assistance for illegal 

21 drug users and alcohol abusers)’’; and 

22 (iii) by redesignating such paragraph 

23 as paragraph (8); and 

24 (D) in paragraph (9)— 


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1 (i) in subparagraph (A), by striking ‘‘; 

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

3 (ii) by striking ‘‘if such tenant—’’ in 

4 the matter preceding subparagraph (A) 

5 and all that follows through ‘‘(A) is flee6 ing’’ and inserting ‘‘if such tenant is flee7 ing’’; and 

8 (iii) by striking paragraph (2); 

9 (3) in subsection (t)— 

10 (A) in the subsection heading, by striking 

11 ‘‘OBTAINING’’ and inserting ‘‘PROHIBITION ON

12 OBTAINING’’; 

13 (B) by striking paragraphs (1), (2), and 

14 (3) and inserting the following: 

15 ‘‘(1) PROHIBITION.— 

16 ‘‘(A) IN GENERAL.—A public housing 

17 agency— 

18 ‘‘(i) may not require a person who ap19 plies for admission to public housing to 

20 provide consent that authorizes the agency 

21 to receive information from a drug abuse 

22 treatment facility that is related to— 

23 ‘‘(I) whether the applicant is cur24 rently engaging in the illegal use of a 

25 controlled substance; or 


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1 ‘‘(II) the progress of the appli2 cant in rehabilitation; and 

3 ‘‘(ii) and may not request an appli4 cant to provide the consent described in 

5 clause (i). 

6 ‘‘(B) WRITTEN CONSENT.—An applicant 

7 may voluntarily provide the information de8 scribed in subparagraph (A), provide signed 

9 written consent for the agency to receive that 

10 information, or provide signed written consent 

11 for a drug abuse treatment facility to provide 

12 that information to an a public housing agency, 

13 for purposes of an individualized review under 

14 section 576(b) of the Quality Housing and 

15 Work Responsibility Act of 1998 (42 U.S.C. 

16 13661(b)), and an agency provided with that 

17 information shall consider the information in 

18 conducting the individualized review. 

19 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

20 in this paragraph may be construed to penalize 

21 or to authorize any penalty for an applicant for 

22 not providing the information or consent de23 scribed in this paragraph. 

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

25 applicant’s signed written consent provided pursuant 


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1 to paragraph (1) shall expire automatically after the 

2 public housing agency has made a final decision to 

3 either approve or deny the application of the appli4 cant for admittance to public housing.’’; 

5 (C) by striking paragraph (6); and 

6 (D) by redesignating paragraphs (4), (5), 

7 (7), and (8) as paragraphs (3), (4), (5), and 

8 (6), respectively; and 

9 (4) by adding at the end the following: 

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

11 may prohibit visitation of a public housing dwelling unit 

12 by a non-tenant on the basis of criminal conduct by the 

13 non-tenant only if— 

14 ‘‘(1) the conduct is covered criminal conduct, as 

15 defined in section 579B of the Quality Housing and 

16 Work Responsibility Act of 1998; 

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

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

19 same factors with respect to the non-tenant as 

20 are required under subsection section 576(b) of 

21 such Act (42 U.S.C. 13661(b)) to be considered 

22 with respect to an applicant for federally as23 sisted housing; and 


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1 ‘‘(B) the familial relationship between the 

2 tenant and the non-tenant as mitigating fac3 tors; 

4 ‘‘(3) in the case of any prohibition of visitation 

5 by a non-tenant, the agency provides the tenant and 

6 non-tenant involved with an opportunity, not less 

7 frequently than annually, to request a redetermina8 tion with respect to the prohibition at which the ten9 ant and non-tenant may present any new mitigating 

10 evidence; 

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

12 with written notice of the decision of the agency to 

13 prohibit visitation, that— 

14 ‘‘(A) includes statements identifying the 

15 basis for prohibition and setting forth the right 

16 of the non-tenant to present mitigating factors 

17 to overturn the decision of the agency; and 

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

19 consistent with guidance issued by the Sec20 retary in accordance with Executive Order 

21 13166 (42 U.S.C. 2000d–1 note; relating to ac22 cess to services for persons with limited English 

23 proficiency); and 

24 ‘‘(5) the prohibition ends after a period of time 

25 that does not exceed 3 years. 


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1 ‘‘(v) SCREENING AND EVICTION POLICIES FOR PRI2 VATELY MANAGED PUBLIC HOUSING AND HOUSING

3 FUNDED UNDER CERTAIN DEMONSTRATION PRO4 GRAMS.—Notwithstanding any other provision of law, in5 cluding subtitle F of the Quality Housing and Work Re6 sponsibility Act of 1998 (42 U.S.C. 13661 et seq.), in the 

7 case of any public housing dwelling units or projects that 

8 are managed by an entity other than the public housing 

9 agency that owns the units or project, any units or 

10 projects subject to the Moving to Work demonstration pro11 gram authorized under section 204 of the Departments 

12 of Veterans Affairs and Housing and Urban Development 

13 and Independent Agencies Appropriations Act, 1996 

14 (Public Law 104–134; 110 Stat. 1321–281), and any 

15 units with assistance converted under the Rental Assist16 ance Demonstration program authorized under title II of 

17 the Transportation, Housing and Urban Development, 

18 and Related Agencies Appropriations Act, 2012 (division 

19 C of Public Law 112–55; 125 Stat. 673), those units and 

20 projects shall be subject to the screening and eviction poli21 cies established pursuant to this section and subtitle F of 

22 the Quality Housing and Work Responsibility Act of 1998 

23 (42 U.S.C. 13661 et seq.) by the agency that owns the 

24 units or projects.’’. 


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1 SEC. 6. TERMINATION OF TENANCY AND TENANT SELEC2 TION UNDER SECTION 8 RENTAL ASSISTANCE 

3 PROGRAM. 

4 Section 8 of the United States Housing Act of 1937 

5 (42 U.S.C. 1437f) is amended— 

6 (1) in subsection (d)(1)(B)— 

7 (A) in clause (ii), by inserting ‘‘, subject to 

8 clause (iii)’’ before the semicolon at the end; 

9 and 

10 (B) by striking clause (iii) and inserting 

11 the following: 

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

13 may not terminate the tenancy based on any crimi14 nal conduct unless the owner determines, in accord15 ance with section 577 of the Quality Housing and 

16 Work Responsibility Act of 1998 (42 U.S.C. 13662), 

17 that the conduct is covered criminal conduct (as de18 fined in section 579B of such Act);’’; 

19 (2) in subsection (o)(6)(B)— 

20 (A) by striking ‘‘(B) SELECTION OF TEN21 ANTS.—Each’’ and inserting the following: 

22 ‘‘(B) SELECTION OF TENANTS.— 

23 ‘‘(i) FUNCTION OF OWNER.—Each’’; 

24 (B) in clause (i), as so designated— 

25 (i) by striking ‘‘dwelling unit)’’ and 

26 inserting ‘‘dwelling unit’’; and 


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1 (ii) by inserting after ‘‘shall be the 

2 function of the owner.’’ the following: ‘‘Any 

3 owner that screens applicants based on the 

4 criminal background of the applicant or 

5 any member of the applicant household, or 

6 other permissible grounds for denial under 

7 subtitle F of title V of the Quality Housing 

8 and Work Responsibility Act of 1998 (42 

9 U.S.C. 13661 et seq.) or this section, shall 

10 provide each applicant, at the time of ap11 plication, written notice that the owner is 

12 conducting the screening, which notice 

13 shall be provided in multiple languages, 

14 consistent with guidance issued by the Sec15 retary in accordance with Executive Order 

16 13166 (42 U.S.C. 2000d–1 note; relating 

17 to access to services for persons with lim18 ited English proficiency).’’; 

19 (C) by striking ‘‘In addition’’ and inserting 

20 the following: 

21 ‘‘(ii) SCREENING.—In addition’’; 

22 (D) in clause (ii), as so designated, by in23 serting before the period at the end the fol24 lowing: ‘‘, except that a public housing agency 

25 may not elect to screen applicants for the proVerDate Sep 11 2014 20:20 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2076.IS S2076

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1 gram based on criminal conduct. The preceding 

2 sentence may not be construed to limit or affect 

3 the authority of a public housing agency under 

4 section 576 of the Quality Housing and Work 

5 Responsibility Act of 1998 (42 U.S.C. 13661)’’; 

6 and 

7 (E) by adding at the end the following: 

8 ‘‘(iii) EXISTING ASSISTED FAMI9 LIES.—Previously assisted or subsidized 

10 families being provided with tenant protec11 tion assistance authorized by law (includ12 ing tenant protection vouchers, enhanced 

13 vouchers under subsection (t), or project14 based vouchers under subsection (o)(13)), 

15 families who are porting their vouchers to 

16 a new jurisdiction, and assisted families 

17 who are moving to redeveloped public hous18 ing (including any units with assistance 

19 converted under the Rental Assistance 

20 Demonstration program authorized under 

21 title II of the Transportation, Housing and 

22 Urban Development, and Related Agencies 

23 Appropriations Act, 2012 (division C of 

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

25 not be considered new applicants under 


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1 this paragraph and shall not be subject to 

2 elective re-screening by a public housing 

3 agency.’’; and 

4 (3) in subsection (q)(2)(B), by inserting before 

5 the semicolon the following: ‘‘, except that persons 

6 who have exited a jail or prison shall be considered, 

7 for purposes of this subparagraph, to be experi8 encing difficulty in obtaining appropriate housing 

9 under the programs as determined by the Sec10 retary’’. 

11 SEC. 7. SCREENING AND TERMINATION OF TENANCY IN 

12 RURAL HOUSING PROGRAMS. 

13 (a) COVERED RURAL HOUSING PROGRAMS.—In this 

14 section, the term ‘‘covered rural housing programs’’ 

15 means— 

16 (1) the program under section 515 of the Hous17 ing Act of 1949 (42 U.S.C. 1485) for rural rental 

18 and cooperative housing; 

19 (2) the loan and grant programs under sections 

20 514 and 516 of such Act (42 U.S.C. 1484, 1486) 

21 for farm labor housing; 

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

23 (42 U.S.C. 1490m) for housing preservation grants; 


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

2 (42 U.S.C. 1490p–2) for loan guarantees for multi3 family rural rental housing; 

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

5 Act (42 U.S.C. 1490a) for rural housing rental as6 sistance; and 

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

8 (42 U.S.C. 1490r) for rural housing rental voucher 

9 assistance. 

10 (b) REGULATIONS.—The Secretary of Agriculture 

11 shall— 

12 (1) revise the regulations of the Secretary of 

13 Agriculture regarding screening of applicants for ad14 mission to housing assisted, and for housing assist15 ance, under the covered rural housing programs to 

16 provide that those regulations are substantially simi17 lar to the regulations of the Secretary of Housing 

18 and Urban Development relating to screening of ap19 plicants for admission to federally assisted housing 

20 and to federally assisted housing programs, pursu21 ant to the United States Housing Act of 1937 (42 

22 U.S.C. 1437 et seq.), subtitle F of the Quality 

23 Housing and Work Responsibility Act of 1998 (42 

24 U.S.C. 13661 et seq.), and any other applicable 

25 laws; and 


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1 (2) revise the regulations of the Secretary of 

2 Agriculture regarding termination of tenancy in 

3 housing assisted, and termination of housing assist4 ance, under the covered rural housing programs to 

5 provide that those regulations are substantially simi6 lar to the regulations of the Secretary of Housing 

7 and Urban Development relating to termination of 

8 tenancy in federally assisted housing, and termi9 nation of housing assistance, pursuant to the United 

10 States Housing Act of 1937 (42 U.S.C. 1437 et 

11 seq.), subtitle F of the Quality Housing and Work 

12 Responsibility Act of 1998 (42 U.S.C. 13661 et 

13 seq.), and any other applicable laws. 

14 (c) TIMING; CONSULTATION.—The Secretary of Agri15 culture shall issue the revised regulations required under 

16 subsection (b)— 

17 (1) after consultation with the Secretary of 

18 Housing and Urban Development; and 

19 (2) not later than 180 days after the date de20 scribed in section 10. 

21 SEC. 8. NO INTERFERENCE WITH STATE OR LOCAL REGU22 LATORY AUTHORITY. 

23 This Act and the amendments made by this Act may 

24 not be construed to preempt any State or local regulations 


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1 or requirements that do not prevent the application of the 

2 provisions of this Act or such amendments. 

3 SEC. 9. REGULATIONS. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Secretary of Housing and Urban Develop6 ment shall issue any regulations necessary to carry out 

7 the amendments made by sections 2 through 6 of this Act 

8 (other than the amendment made by section 2(4)). 

9 SEC. 10. EFFECTIVE DATE. 

10 Except as specifically provided otherwise in this Act, 

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

12 shall apply beginning upon, the effective date of the regu13 lations issued pursuant to section 9. 

Æ 


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