I 
114TH CONGRESS 
2D SESSION 
H. R. 5085 
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 
APRIL 27, 2016 
Ms. MAXINE WATERS of California 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. 
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 ‘‘Fair Chance at Hous-
ing Act of 2016’’. 
SEC. 2. DEFINITION OF COVERED CRIMINAL ACTIVITY. 
Section 579(a) of the Quality Housing and Work Re-
sponsibility Act of 1998 (42 U.S.C. 13664(a)) is amended 
by striking paragraph (1) and inserting the following new 
paragraph: 
VerDate Sep 11 2014 
04:30 May 04, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5085.IH
H5085
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(1) COVERED CRIMINAL ACTIVITY.—The term 
‘covered criminal activity’ means, with respect to 
federally assisted housing— 
‘‘(A) any criminal activity that threatens 
the health, safety, or right to peaceful enjoy-
ment of the premises by other tenants, the em-
ployees, or the owner or public housing agency, 
including any violent criminal activity on such 
premises, engaged in by a tenant, any member 
of the tenant’s household, or any guest or other 
person under the tenant’s control and acting 
with the tenant’s knowledge; or 
‘‘(B) any violent criminal activity off such 
premises engaged in by a tenant or any member 
of the tenant’s household that poses risk of fu-
ture harm to other tenants, employees, or the 
public housing agency or owner. 
Such term includes criminal activity that has re-
sulted in a lifetime registration requirement specified 
in section 578(a) (42 U.S.C. 13663(a)) and criminal 
activity described in section 16(f)(1) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437n(f)(1)).’’. 
VerDate Sep 11 2014 
04:30 May 04, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5085.IH
H5085
emcdonald on DSK67QTVN1PROD with BILLS
SEC. 3. SCREENING OF APPLICANTS FOR FEDERALLY AS-
SISTED HOUSING. 
(a) IN GENERAL.—Section 576 of the Quality Hous-
ing and Work Responsibility Act of 1998 (42 U.S.C. 
13661) is amended to read as follows: 
‘‘SEC. 576. SCREENING OF APPLICANTS FOR FEDERALLY 
ASSISTED HOUSING. 
‘‘(a) AUTHORITY TO DENY ADMISSION FOR CERTAIN 
CRIMINAL ACTIVITY.—Except as otherwise provided by 
this section and in addition to any other authority to 
screen applicants, in selecting among applicants for admis-
sion to federally assisted housing or to the program, only 
if the public housing agency or owner of such housing (as 
applicable) determines that an applicant or any member 
of the applicant’s household was, during a reasonable time 
preceding the date when the applicant household would 
otherwise be admitted to the federally assisted housing or 
the program, engaged in covered criminal activity, the 
public housing agency or owner shall conduct an individ-
ualized review of the totality of the circumstances before 
denying such applicant admission to the program or to 
federally assisted housing. 
‘‘(b) TOTALITY OF THE CIRCUMSTANCES REVIEW.— 
‘‘(1) REQUIREMENT.—Before denying admis-
sion to an applicant pursuant to subsection (a), a 
public housing agency or owner shall conduct an in-
VerDate Sep 11 2014 
04:30 May 04, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5085.IH
H5085
emcdonald on DSK67QTVN1PROD with BILLS
dividualized review of the totality of the cir-
cumstances regarding the criminal background at 
issue, taking into consideration the applicant’s need 
for housing and the health and safety of the commu-
nity. 
‘‘(2) GUIDANCE; MITIGATING
FACTORS.—The 
Secretary shall issue guidance for public housing 
agencies and owners regarding reviews required 
under paragraph (1), which shall provide for appli-
cants to submit mitigating evidence and shall include 
consideration of all mitigating factors presented, in-
cluding the following factors: 
‘‘(A) SEVERITY.—The severity of the of-
fense or offenses committed. 
‘‘(B) FREQUENCY.—The frequency of the 
offense or offenses committed and the amount 
of time since such offense or offenses. 
‘‘(C) NATURE OF OFFENSE.— 
‘‘(i) 
DISABILITY-RELATED
OF-
FENSES.—Whether the offense or of-
fenses— 
‘‘(I) were committed by a mem-
ber of the household who is an indi-
vidual with disabilities who is entitled 
to a reasonable accommodation under 
VerDate Sep 11 2014 
04:30 May 04, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5085.IH
H5085
emcdonald on DSK67QTVN1PROD with BILLS
the Fair Housing Act or section 504 
of the Rehabilitation Act of 1974; or 
‘‘(II) are related to a symptom of 
a disability of the member of the 
household who committed the offense 
or offenses. 
‘‘(ii) PROXIMITY TO ASSISTED HOUS-
ING.—Whether the offense or offenses oc-
curred on or near the federally assisted 
housing to which the applicant’s applica-
tion relates (if applicable). 
‘‘(iii) EMPLOYMENT; EDUCATION; VO-
CATION.—The employment, educational, or 
vocational status of the member of the 
household who committed the offense or 
offenses. 
‘‘(iv) 
COMMUNITY
AND
FAMILIES 
TIES.—The nature and extent of commu-
nity and family ties of the member of the 
household who committed the offense or 
offenses. 
‘‘(c) PROHIBITION OF DENIALS ON THE BASIS OF 
PREVIOUS EVICTIONS OR INCONCLUSIVE EVIDENCE.—A 
public housing agency or owner may not deny admission 
VerDate Sep 11 2014 
04:30 May 04, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5085.IH
H5085
emcdonald on DSK67QTVN1PROD with BILLS
to federally assisted housing or to the program based sole-
ly on— 
‘‘(1) a previous eviction for criminal activity; 
‘‘(2) an arrest for an offense for which the ap-
plicant was not subsequently convicted; 
‘‘(3) any juvenile adjudication or conviction; 
‘‘(4) a conviction that has been expunged, 
sealed, or subject to similar judicial relief under 
State law the purpose of which is to remove the col-
lateral consequences of a criminal conviction; 
‘‘(5) non-criminal citations, such as traffic and 
municipal citations; or 
‘‘(6) whether the offense or offenses committed 
arose from a household member’s status as a victim 
of domestic violence, dating violence, sexual assault, 
or stalking, as such terms are defined in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925(a)). 
‘‘(d) OPPORTUNITY TO REMOVE CULPABLE HOUSE-
HOLD MEMBER.— 
‘‘(1) IN GENERAL.—In the case of any covered 
criminal activity described in subsection (a) war-
ranting denial of admission to federally assisted 
housing, the public housing agency or owner shall, 
before denying admission to the entire applicant 
VerDate Sep 11 2014 
23:06 May 05, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5085.IH
H5085
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(1) to each applicant for admission to federally 
assisted housing or to the program, at the time of 
application, written notice of the policy of such agen-
cy or owner pursuant to this subtitle or any other 
provision of law regarding denial of admission for 
criminal activity, which shall include— 
‘‘(A) notice of the authority under sub-
section (a) to deny admission based on covered 
criminal activity and notice of the specific rea-
sonable time period to which such authority ap-
plies; and 
‘‘(B) notice of the requirement under sub-
section (b) to consider the totality of the cir-
cumstances and the right under subsection 
(b)(2) to present mitigating evidence; 
‘‘(2) to each applicant, upon selection from the 
waiting list for admission to federally assisted hous-
ing or to the program, written notice of the policy 
specified in paragraph (1); and 
‘‘(3) to an applicant, upon denial of an applica-
tion for admission to federally assisted housing or to 
the program— 
‘‘(A) written notice of— 
VerDate Sep 11 2014 
04:30 May 04, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5085.IH
H5085
emcdonald on DSK67QTVN1PROD with BILLS