IIA
104TH CONGRESS
1ST SESSION
H. R. 117
IN THE SENATE OF THE UNITED STATES
OCTOBER 25, 1995
Received; read twice and referred to the Committee on Banking, Housing, and
Urban Affairs
AN ACT
To amend the United States Housing Act of 1937 to prevent
persons having drug or alcohol use problems from occu-
pying dwelling units in public housing projects designated
for occupancy by elderly families, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Senior Citizens Hous-
ing Safety and Economic Relief Act of 1995’’.
SEC. 2. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO
PROHIBIT ADMISSION OF DRUG OR ALCOHOL
ABUSERS TO ASSISTED HOUSING.
Section 16 of the United States Housing Act of 1937
(42 U.S.C. 1437n) is amended—
(1) in the section heading by striking ‘‘IN-
COME’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) AUTHORITY TO LIMIT ADMISSION OF DRUG OR
ALCOHOL ABUSERS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, a public housing agency may estab-
lish standards for occupancy in public housing dwell-
ing units and assistance under section 8, that pro-
hibit admission to such units and assistance under
such section by any individual—
‘‘(A) who currently illegally uses a con-
trolled substance; or
‘‘(B) whose history of illegal use of a con-
trolled substance or use of alcohol, or current
use of alcohol, provides reasonable cause for the
agency to believe that the occupancy by such in-
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dividual may interfere with the health, safety,
or right to peaceful enjoyment of the premises
by other residents.
‘‘(2) CONSIDERATION OF REHABILITATION.—In
determining whether, pursuant to paragraph (1), to
deny admission or assistance to any elderly person
based on a history of use of a controlled substance
or alcohol, a public housing agency may consider
whether such elderly person—
‘‘(A) has successfully completed a super-
vised drug or alcohol rehabilitation program (as
applicable) and is no longer engaging in the ille-
gal use of a controlled substance or use of alco-
hol (as applicable);
‘‘(B) has otherwise been rehabilitated suc-
cessfully and is no longer engaging in the illegal
use of a controlled substance or use of alcohol
(as applicable); or
‘‘(C) is participating in a supervised drug
or alcohol rehabilitation program (as applicable)
and is no longer engaging in the illegal use of
a controlled substance or use of alcohol (as ap-
plicable).’’.
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SEC. 3. DESIGNATED HOUSING FOR ELDERLY AND DIS-
ABLED FAMILIES.
(a) IN GENERAL.—Section 7 of the United States
Housing Act of 1937 (42 U.S.C. 1437e) is amended to
read as follows:
‘‘DESIGNATED HOUSING FOR ELDERLY AND DISABLED
FAMILIES
‘‘SEC. 7. (a) AUTHORITY TO PROVIDE DESIGNATED
HOUSING.—
‘‘(1) IN GENERAL.—Subject only to provisions
of this section and notwithstanding any other provi-
sion of law, a public housing agency for which a plan
under subsection (d) is in effect may provide public
housing projects (or portions of projects) designated
for occupancy by (A) only elderly families, (B) only
disabled families, or (C) elderly and disabled fami-
lies.
‘‘(2) PRIORITY FOR OCCUPANCY.—In determin-
ing priority for admission to public housing projects
(or portions of projects) that are designated for oc-
cupancy as provided in paragraph (1), the public
housing agency may make units in such projects (or
portions) available only to the types of families for
whom the project is designated.
‘‘(3) ELIGIBILITY
OF
NEAR-ELDERLY
FAMI-
LIES.—If a public housing agency determines that
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there are insufficient numbers of elderly families to
fill all the units in a project (or portion of a project)
designated under paragraph (1) for occupancy by
only elderly families, the agency may provide that
near-elderly families may occupy dwelling units in
the project (or portion).
‘‘(4) LIMITATION ON OCCUPANCY IN PROJECTS
FOR ELDERLY FAMILIES.—
‘‘(A) IN
GENERAL.—Subject only to the
provisions of subsection (b) and notwithstand-
ing any other provision of law, a dwelling unit
in a project (or portion of a project) that is des-
ignated under paragraph (1) for occupancy by
only elderly families or by only elderly and dis-
abled families shall not be occupied by any indi-
vidual who is not an elderly person and—
‘‘(i) who currently illegally uses a con-
trolled substance; or
‘‘(ii) whose history of illegal use of a
controlled substance or use of alcohol, or
current use of alcohol, provides reasonable
cause for the agency to believe that the oc-
cupancy by such individual may interfere
with the health, safety, or right to peaceful
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enjoyment of the premises by other ten-
ants.
‘‘(B) CONSIDERATION
OF
REHABILITA-
TION.—In determining whether, pursuant to
subparagraph (A), to deny occupancy to any in-
dividual based on a history of use of a con-
trolled substance or alcohol, a public housing
agency may consider the factors under section
16(e)(2).
‘‘(b) STANDARDS REGARDING EVICTIONS.—
‘‘(1) LIMITATION.—Except as provided in para-
graph (2), any tenant who is lawfully residing in a
dwelling unit in a public housing project may not be
evicted or otherwise required to vacate such unit be-
cause of the designation of the project (or portion of
a project) pursuant to this section or because of any
action taken by the Secretary or any public housing
agency pursuant to this section.
‘‘(2) REQUIREMENT
TO
EVICT
NONELDERLY
TENANTS IN HOUSING DESIGNATED FOR ELDERLY
FAMILIES WHO HAVE CURRENT DRUG OR ALCOHOL
ABUSE PROBLEMS.—The public housing agency ad-
ministering a project (or portion of a project) de-
scribed in subsection (a)(4)(A) shall evict any indi-
vidual who occupies a dwelling unit in such a project
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and who currently illegally uses a controlled sub-
stance or whose current use of alcohol provides a
reasonable cause for the agency to believe that the
occupancy by such individual may interfere with the
health, safety, or right to peaceful enjoyment of the
premises by other residents. This paragraph may not
be construed to require a public housing agency to
evict any other individual who occupies the same
dwelling unit as the individual required to be evicted.
‘‘(c) RELOCATION ASSISTANCE.—A public housing
agency that designates any existing project or building,
or portion thereof, for occupancy as provided under sub-
section (a) shall provide, to each person and family relo-
cated in connection with such designation—
‘‘(1) notice of the designation and relocation, as
soon as is practicable for the agency and the person
or family;
‘‘(2) comparable housing (including appropriate
services and design features), which may include
tenant-based rental assistance under section 8, at a
rental rate that is comparable to that applicable to
the unit from which the person or family has va-
cated; and
‘‘(3) payment of actual, reasonable moving ex-
penses.
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‘‘(d) REQUIRED PLAN.—A plan under this subsection
for designating a project (or portion of a project) for occu-
pancy under subsection (a)(1) is a plan, prepared by the
public housing agency for the project and submitted to the
Secretary, that—
‘‘(1) establishes that the designation of the
project is necessary—
‘‘(A) to achieve the housing goals for the
jurisdiction under the comprehensive housing
affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Hous-
ing Act; and
‘‘(B) to meet the housing needs of the low-
income population of the jurisdiction; and
‘‘(2) includes a description of—
‘‘(A) the project (or portion of a project)
to be designated;
‘‘(B) the types of tenants for which the
project is to be designated;
‘‘(C) any supportive services to be provided
to tenants of the designated project (or por-
tion);
‘‘(D) how the agency will secure any addi-
tional resources or housing assistance that is
necessary to provide assistance to nonelderly
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disabled families that would have been housed
if occupancy in project were not restricted pur-
suant to this section; and
‘‘(E) how the design and related facilities
(as such term is defined in section 202(d)(8) of
the Housing Act of 1959) of the project accom-
modate the special environmental needs of the
intended occupants.
For purposes of this subsection, the term ‘supportive serv-
ices’ means services designed to meet the special needs of
residents.
‘‘(e) REVIEW OF PLANS.—
‘‘(1) REVIEW
AND
NOTIFICATION.—The Sec-
retary shall conduct a limited review of each plan
under subsection (d) that is submitted to the Sec-
retary to ensure that the plan is complete and com-
plies with the requirements of subsection (d). The
Secretary shall notify each public housing agency
submitting a plan whether the plan complies with
such requirements not later than 60 days after re-
ceiving the plan. If the Secretary does not notify the
public housing agency, as required under this para-
graph or paragraph (2), the plan shall be considered,
for purposes of this section, to comply with the re-
quirements under subsection (d) and the Secretary
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shall be considered to have notified the agency of
such compliance upon the expiration of such 60-day
period.
‘‘(2) NOTICE OF REASONS FOR DETERMINATION
OF NONCOMPLIANCE.—If the Secretary determines
that a plan, as submitted, does not comply with the
requirements under subsection (d), the Secretary
shall specify in the notice under paragraph (1) the
reasons for the noncompliance and any modifications
necessary for the plan to meet such requirements.
‘‘(3) STANDARDS
FOR
DETERMINATION
OF
NONCOMPLIANCE.—The Secretary may determine
that a plan does not comply with the requirements
under subsection (d) only if—
‘‘(A) the plan is incomplete in significant
matters required under such subsection; or
‘‘(B) there is evidence available to the Sec-
retary that challenges, in a substantial manner,
any information provided in the plan.
‘‘(4) TREATMENT OF EXISTING PLANS.—Not-
withstanding any other provision of this section, a
public housing agency shall be considered to have
submitted a plan under this subsection if the agency
has submitted to the Secretary an application and
allocation plan under this section (as in effect before
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the date of the enactment of the Senior Citizens
Housing Safety and Economic Relief Act of 1995)
that have not been approved or disapproved before
such date of enactment.
‘‘(f) EFFECTIVENESS.—
‘‘(1) 5-YEAR
EFFECTIVENESS
OF
PLAN.—A
plan under subsection (d) shall be in effect for pur-
poses of this section only during the 5-year period
that begins upon notification under subsection (e)(1)
of the public housing agency that the plan complies
with the requirements under subsection (d). An
agency may extend the effectiveness of the designa-
tion and plan for an additional 2-year period begin-
ning upon the expiration of such period (or the expi-
ration of any previous extension period under this
sentence) by submitting to the Secretary any infor-
mation needed to update such plan.
‘‘(2) SAVINGS PROVISION.—Any application and
allocation plan approved under this section (as in ef-
fect before the date of the enactment of the Senior
Citizens Housing Safety and Economic Relief Act of
1995) before such date of enactment shall be consid-
ered to be a plan under subsection (d) that is in ef-
fect for purposes of this section for the 5-year period
beginning upon such approval.
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‘‘(g) INAPPLICABILITY
OF UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY ACQUISITIONS POLICY
ACT OF 1970.—No tenant of a public housing project
shall be considered to be displaced for purposes of the Uni-
form Relocation Assistance and Real Property Acquisi-
tions Policy Act of 1970 because of the designation of any
existing project or building, or portion thereof, for occu-
pancy as provided under subsection (a) of this section.
‘‘(h) INAPPLICABILITY TO INDIAN HOUSING.—The
provisions of this section shall not apply with respect to
low-income housing developed or operated pursuant to a
contract between the Secretary and an Indian housing au-
thority.’’.
(b) LEASE PROVISIONS.—Section 6(l) of the United
States Housing Act of 1937 (42 U.S.C. 1437d(l)) is
amended—
(1) by redesignating paragraph (6) as para-
graph (7); and
(2) by inserting after paragraph (5) the follow-
ing new paragraph:
‘‘(6) provide that any occupancy in violation of
the provisions of section 7(a)(4) shall be cause for
termination of tenancy; and’’.
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SEC. 4. STANDARDS FOR ASSISTED HOUSING LEASE TERMI-
NATION AND EXPEDITED GRIEVANCE PROCE-
DURE.
(a) PUBLIC HOUSING AGENCY GRIEVANCE PROCE-
DURE.—Section 6(k) of the United States Housing Act
of 1937 (42 U.S.C. 1437d(k)) is amended, in the first sen-
tence of the matter following paragraph (6), by striking
‘‘criminal’’ the first place it appears and all that follows
through ‘‘such premises’’ and inserting ‘‘activity described
in 
subsection 
(l)(5) 
of 
this 
section 
or 
section
8(d)(1)(B)(iii)’’.
(b) PUBLIC HOUSING LEASES.—Section 6(l) of the
United States Housing Act of 1937 (42 U.S.C. 1437d(l))
is amended by striking paragraphs (4) and (5) and insert-
ing the following new paragraphs:
‘‘(4) require that the public housing agency
may not terminate the tenancy except for violation
of the terms or conditions of the lease, violation of
applicable Federal, State, or local law, or for other
good cause;
‘‘(5) provide that the public housing agency
may terminate the tenancy of a public housing resi-
dent for any activity, engaged in by the resident, any
member of the resident’s household, or any guest or
other person under the resident’s control, that—
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‘‘(A) threatens the health or safety of, or
right to peaceful enjoyment of the premises by,
other residents or employees of the public hous-
ing agency or other manager of the housing;
‘‘(B) threatens the health or safety of, or
right to peaceful enjoyment of their premises
by, persons residing in the immediate vicinity of
the premises; or
‘‘(C) is criminal activity (including drug-re-
lated criminal activity);’’.
(c) 
SECTION
HOUSING
LEASES.—Section
8(d)(1)(B) of the United States Housing Act of 1937 (42
U.S.C. 1437f(d)(1)(B)) is amended by striking clauses (ii)
and (iii) and inserting the following new clauses:
‘‘(ii) the owner shall not terminate the tenancy
except for violation of the terms and conditions of
the lease, violation of applicable Federal, State, or
local law, or other good cause;
‘‘(iii) the owner may terminate the tenancy of
the tenant of a unit for any activity, engaged in by
the tenant, any member of the tenant’s household,
or any guest or other person under the tenant’s con-
trol, that—
‘‘(I) threatens the health or safety of, or
right to peaceful enjoyment of the premises by,
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other tenants or employees of the owner or
manager of the housing;
‘‘(II) threatens the health or safety of, or
right to peaceful enjoyment of their residences
by, persons residing in the immediate vicinity of
the premises; or
‘‘(III) is criminal activity (including drug-
related criminal activity); and’’.
SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PRO-
GRAM 
FOR 
HOME 
EQUITY 
CONVERSION
MORTGAGES.
(a) EXTENSION OF PROGRAM.—The first sentence of
section 255(g) of the National Housing Act (12 U.S.C.
1715z–20(g)) is amended by striking ‘‘September 30,
1995’’ and inserting ‘‘September 30, 2000’’.
(b) LIMITATION ON NUMBER OF MORTGAGES.—The
second sentence of section 255(g) of the National Housing
Act (12 U.S.C. 1715z–20(g)) is amended by striking
‘‘25,000’’ and inserting ‘‘50,000’’.
(c) ELIGIBLE MORTGAGES.—Section 255(d)(3) of the
National Housing Act (12 U.S.C. 1715z–20(d)(3)) is
amended to read as follows:
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‘‘(3) be secured by a dwelling that is designed
principally for a 1- to 4-family residence in which
the mortgagor occupies 1 of the units;’’.
Passed the House of Representatives October 24,
1995.
Attest:
ROBIN H. CARLE,
Clerk.