I 
109TH CONGRESS 
1ST SESSION H. R. 1309
To protect innocent elderly and disabled tenants in public housing and housing 
assisted under the rental assistance program under section 8 of the 
United States Housing Act of 1937 from eviction by reason of criminal 
activity. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2005
Ms. LEE (for herself, Mr. CONYERS, Mrs. MALONEY, Mr. SERRANO, Mr. 
TOWNS, Ms. WATERS, Mr. CLAY, Mr. FRANK of Massachusetts, Mrs. 
CHRISTENSEN, and Mr. GUTIERREZ) introduced the following bill; which 
was referred to the Committee on Financial Services 
A BILL 
To protect innocent elderly and disabled tenants in public 
housing and housing assisted under the rental assistance 
program under section 8 of the United States Housing 
Act of 1937 from eviction by reason of criminal activity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘One Strike and You’re 
Out! Act of 2005’’.
SEC. 2. PUBLIC HOUSING TENANTS. 
Paragraph (6) of section 6(l) of the United States 
Housing Act of 1937 (42 U.S.C. 1437d(l)(6)) is amended 
by inserting before the semicolon at the end the following: 
‘‘; except that such criminal or drug-related criminal activ-
ity, engaged in by a member of a tenant’s household or 
any guest or other person under the tenant’s control, shall 
not be cause for termination of tenancy of the tenant if 
(A) the tenant is an elderly person (as such term is de-
fined in section 202(k) of the Housing Act of 1959 (12 
U.S.C. 1701q)) or a person with disabilities (as such term 
is defined in section 811(k) of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C. 8013(k)), and 
(B) the tenant did not know and should not have known 
of the activity or the tenant or member of household was 
the victim of the criminal activity’’. 
SEC. 3. TENANTS OF HOUSING ASSISTED UNDER SECTION 8 
PROGRAM. 
Clause (iii) of section 8(d)(1)(B) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)(iii)) is 
amended by inserting before the semicolon at the end the 
following: ‘‘; except that such criminal or drug-related 
criminal activity, engaged in by a member of a tenant’s 
household or any guest or other person under the tenant’s 
control, shall not be cause for termination of tenancy of 
the tenant if (I) the tenant is an elderly person (as such
term is defined in section 202(k) of the Housing Act of 
1959 (12 U.S.C. 1701q)) or a person with disabilities (as 
such term is defined in section 811(k) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 
8013(k)), and (II) the tenant did not know and should 
not have known of the activity or the tenant or member 
of household was the victim of the criminal activity’’. 
SEC. 4. REPORTING BY PHAS ON ONE-STRIKE EVICTIONS. 
Section 6 of the United States Housing Act of 1937 
(42 U.S.C. 1437d) is amended by inserting after sub-
section (o) the following new subsection: 
‘‘(p) REPORTS ON ONE-STRIKE EVICTIONS.—Each 
public housing agency shall submit a report annually to 
the Secretary on the number of persons whose tenancy in 
public housing of the agency was terminated, and the 
number whose tenancy in housing assisted by the agency 
with amounts made available under section 8 was termi-
nated, because of criminal activity.’’.
Æ