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. 
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 2018’’. 
SEC. 2. DEFINITIONS. 
Section 579 of the Quality Housing and Work Re-
sponsibility Act of 1998 (42 U.S.C. 13664) is amended— 
(1) by striking ‘‘(a) DEFINITIONS.—’’; 
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(2) by striking paragraph (1) and inserting the 
following new paragraph: 
‘‘(1) CONVICTION.— 
‘‘(A) IN GENERAL.—The term ‘conviction’ 
means judgment of guilt or nolo contendere or 
any disposition arising therefrom. 
‘‘(B) EXCLUSIONS.—Such term does not 
include— 
‘‘(i) an arrest or any disposition there-
from that did not result in a conviction; 
‘‘(ii) any criminal disposition for an 
offense committed prior to the defendant’s 
18th birthday; 
‘‘(iii) a conviction that has been ex-
punged, sealed, or subject to similar judi-
cial relief; 
‘‘(iv) a disposition received through 
successful completion of diversion, deferred 
adjudication, deferred entry of judgment, 
drug court, or similar judicial program 
under State law; or 
‘‘(v) any other criminal disposition not 
deemed a conviction under State or Fed-
eral law.’’; and 
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(3) in paragraph (3), by adding after the period 
at the end the following: ‘‘For purposes of sections 
576 and 577, such term does not include an owner 
of federally assisted housing specified in paragraph 
(3)(B).’’. 
SEC. 3. SCREENING OF APPLICANTS FOR FEDERALLY AS-
SISTED HOUSING. 
(a) DEFINITION
OF
COVERED
CRIMINAL
CON-
DUCT.—Section 579 of the Quality Housing and Work Re-
sponsibility Act of 1998 (42 U.S.C. 13664), as amended 
by the preceding provisions of this Act, is further amend-
ed— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) COVERED CRIMINAL CONDUCT.— 
‘‘(A) ADMISSION TO FEDERALLY ASSISTED 
HOUSING.— 
‘‘(i) IN GENERAL.—The term ‘covered 
criminal conduct’ means, with respect to 
admission to federally assisted housing, 
criminal conduct— 
‘‘(I) for which the applicant or a 
member of the applicant’s household 
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has been convicted of a felony under 
State or Federal criminal law; and 
‘‘(II) that threatens the health, 
or safety of other tenants, the employ-
ees, or the owner or public housing 
agency. 
‘‘(ii) EXCLUSIONS.—Notwithstanding 
any other provision of law, such term does 
not include, with respect to admission to 
federally assisted housing— 
‘‘(I) a conviction for a drug of-
fense for which the individual served a 
sentence of less than ten years; 
‘‘(II) an offense or offenses re-
lated to fees or back payments associ-
ated with incarceration; 
‘‘(III) any other legal financial 
obligation; or 
‘‘(IV) a conviction for which the 
individual was sentenced only to pro-
bation.’’. 
(b) SCREENING OF APPLICANTS.—Section 576 of the 
Quality Housing and Work Responsibility Act of 1998 (42 
U.S.C. 13661) is amended to read as follows: 
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‘‘SEC. 576. SCREENING OF APPLICANTS FOR FEDERALLY 
ASSISTED HOUSING. 
‘‘(a) AUTHORITY TO DENY ADMISSION FOR CRIMI-
NAL CONDUCT.—Except as otherwise provided by this sec-
tion and in addition to any other authority to screen appli-
cants, in selecting among applicants for admission to fed-
erally assisted housing or a federally assisted housing pro-
gram, including individuals seeking to join a household 
currently receiving Federal housing assistance, a public 
housing agency or owner of such housing (as applicable) 
may deny an applicant admission to the program or to 
federally assisted housing based on any criminal conduct 
only if the agency or owner determines, based on an indi-
vidualized review of the totality of the circumstances, that 
such applicant or any member of the applicant’s household 
was engaged in covered criminal conduct, within a reason-
able period of time preceding the date when the applicant 
household would otherwise be admitted to the federally as-
sisted housing or to the program. 
‘‘(b) INDIVIDUALIZED REVIEW OF THE TOTALITY OF 
THE CIRCUMSTANCES.— 
‘‘(1) REQUIREMENT.—Before denying admis-
sion to an applicant pursuant to subsection (a), a 
public housing agency or owner of federally assisted 
housing shall conduct an individualized review of the 
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totality of the circumstances regarding the criminal 
conduct at issue. 
‘‘(2) REVIEW PANEL FOR PUBLIC HOUSING AND 
TENANT-BASED RENTAL ASSISTANCE APPLICANTS.— 
‘‘(A) REQUIREMENT.—The Secretary shall 
issue guidance requiring each public housing 
agency to establish a review panel to conduct 
the individualized review required under para-
graph (1) with respect to applications for feder-
ally assisted housing specified in subparagraphs 
(A) and (B) of section 579B(3). An applicant 
may present mitigating evidence for the review 
panel to determine whether the applicant should 
be admitted. 
‘‘(B) MEMBERSHIP.—Each committee re-
view panel shall include at least one resident 
representative. 
‘‘(C) NOTICE.—Applicants shall be notified 
in writing of their panel review at least 14 days 
before date of the review. Notice shall be pro-
vided in accordance with subsection (c) of this 
section. 
‘‘(D) CONVICTION INFORMATION.—A pub-
lic housing agency shall produce a detailed 
criminal conviction report to be used by the 
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panel in the review process. If an applicant 
identifies an error on the criminal conviction re-
port used by the panel, the applicant shall have 
the opportunity to defer his or her application 
prior to panel review to correct the report. The 
report shall be shared only with the applicant 
and members of the review panel. 
‘‘(E) BURDEN OF PROOF.—A public hous-
ing agency may not deny admission to an appli-
cant unless the agency determines, by a prepon-
derance of the evidence, that the applicant’s 
criminal conduct renders the applicant unfit for 
housing. 
‘‘(F) CONFIDENTIALITY.—All information 
gathered in the process of screening for crimi-
nal convictions shall be kept confidential and 
shall not be released unless the applicant agrees 
in writing or such release it is otherwise re-
quired by law. Public housing agencies shall es-
tablish a formal confidentiality policy. 
‘‘(G) DECISION-MAKING
PROCESS.—The 
panel shall review the applicant’s circumstances 
and other available information, including any 
information the applicant chooses to bring to 
the panel’s attention. Within 7 days, the panel 
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shall review all relevant information and mem-
bers shall determine whether, by a preponder-
ance of the evidence, the applicant’s criminal 
record renders the applicant unfit for housing. 
‘‘(H) APPEALS.—Each applicant shall have 
a right to appeal a decision by the panel to 
deny admission, in accordance with current reg-
ulations. An applicant shall have 14 days to ap-
peal the determination and a request for such 
an appeal shall be made in writing. Pursuant to 
such a request, the public housing agency shall 
hold an informal hearing and decide whether to 
uphold the initial determination within 7 days 
after the hearing. The public housing agency 
shall hold the dwelling unit open or shall re-
serve the assistance under the federally assisted 
housing program, as the case may be during 
the entire time of the appeals process. 
‘‘(3) NON-DISCRIMINATION.—When conducting 
an individualized review under this section, a public 
housing agency or owner of federally assisted hous-
ing shall comply with applicable civil rights require-
ments under the Fair Housing Act, title VI of the 
Civil Rights Act of 1964, section 504 of the Reha-
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bilitation Act of 1973, and titles II and III of the 
Americans with Disabilities Act of 1990. 
‘‘(4) REVIEW FACTORS.—In conducting the re-
views required under paragraph (1), the public hous-
ing agency or owner which shall consider the fol-
lowing factors holistically, such that no single factor 
is dispositive: 
‘‘(A) SEVERITY.—The severity of the 
criminal offense or offenses committed. 
‘‘(B) TIME
ELAPSED.—The amount of 
time elapsed since the criminal offense or of-
fenses were committed. 
‘‘(C) EVIDENCE
OF
REHABILITATION.— 
Evidence of rehabilitation, including— 
‘‘(i) a person’s satisfactory compliance 
with all terms and conditions of parole or 
probation, provided that the person’s fail-
ure to pay fines, fees, and restitution shall 
not be considered noncompliance with 
terms and conditions of parole or proba-
tion; 
‘‘(ii) educational attainment or voca-
tional or professional training, or employ-
ment since conviction, including training 
received or employment while incarcerated; 
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‘‘(iii) completion of or active partici-
pation in rehabilitative treatment, includ-
ing alcohol or drug treatment; 
‘‘(iv) letters of recommendation from 
community organizations, counselors, case 
managers, teachers, community leaders, 
parole officers, and probation officers who 
have observed the person; 
‘‘(v) a person’s familial relationship 
with a person who may be currently resid-
ing in the dwelling unit in federally as-
sisted housing that the applicant is apply-
ing for residence in; or 
‘‘(vi) the age of the person at the time 
of the conviction. 
‘‘(D) REDUCTION IN SENTENCE.—Whether 
the applicant received a reduced sentence for 
the criminal offense or offenses committed. 
‘‘(E) NATURE OF OFFENSE.—The nature 
of the criminal offense, which shall include the 
following: 
‘‘(i) OFFENSES RELATED TO AN INDI-
VIDUAL’S
DISABILITY
STATUS.—Whether 
the criminal offense or offenses— 
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‘‘(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 
the Fair Housing Act or section 504 
of the Rehabilitation Act of 1974; and 
‘‘(II) are related to or resulted 
from a symptom of a disability of the 
member of the household who com-
mitted the criminal offense or of-
fenses. 
‘‘(ii) PROXIMITY TO ASSISTED HOUS-
ING.—Whether the criminal offense or of-
fenses occurred on or near the federally as-
sisted housing to which the applicant’s ap-
plication relates (if applicable). 
‘‘(iii) OFFENSES RELATED TO AN IN-
DIVIDUAL’S STATUS AS A VICTIM OF DO-
MESTIC VIOLENCE.—Whether the criminal 
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 de-
fined in section 40002 of the Violence 
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Against Women Act of 1994 (34 U.S.C. 
12291). 
‘‘(F) OTHER MITIGATING INFORMATION.— 
Any other mitigating information provided by 
the applicant, or provided on the applicant’s be-
half, including any information regarding the 
rehabilitation or good conduct of the member of 
the household who committed the criminal of-
fense or offenses. 
‘‘(5) GUIDANCE.—The Secretary shall issue 
guidance for public housing agencies and owners to 
implement the requirement to conduct individualized 
reviews in accordance with this section. 
‘‘(c) NOTICES.—The Secretary shall require each 
public housing agency and owner of federally assisted 
housing to provide— 
‘‘(1) to each new applicant and each applicant 
upon selection from the wait list for admission to 
federally assisted housing or to a federally assisted 
housing program, at the time of application and se-
lection from the wait list, written notice of the policy 
of such agency or owner pursuant to this subtitle or 
any other provision of law regarding denial of admis-
sion for criminal conduct, which shall include— 
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‘‘(A) notice of the authority under sub-
section (a) to deny admission based on covered 
criminal conduct and notice of the specific rea-
sonable time period to which such authority ap-
plies; 
‘‘(B) notice of the requirement under sub-
section (b) to consider the totality of the cir-
cumstances and the right under subsection 
(b)(4) to present mitigating evidence; and 
‘‘(C) when applicable, a criminal conviction 
report that the public housing agency plans to 
provide to the review panel to be used in its in-
dividualized review of the applicant or a mem-
ber of the applicant’s household, and notice of 
a tenant’s rights to appear at the review panel 
and correct inaccuracies in his or her criminal 
conviction report; and 
‘‘(2) to an applicant, upon denial of an applica-
tion for admission to federally assisted housing or to 
a federally assisted housing program— 
‘‘(A) written notice of— 
‘‘(i) the reason for such denial, includ-
ing the specific criminal conduct on which 
the denial is based; and 
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‘‘(ii) the actions that the applicant 
may take to appeal such denial; and 
‘‘(B) a copy of any documents that the 
public housing agency or owner used to support 
its determination of criminal conduct. 
‘‘(d) OPPORTUNITY TO REMOVE CULPABLE HOUSE-
HOLD MEMBER.— 
‘‘(1) IN GENERAL.—In the case of any covered 
criminal conduct 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 
household, provide the applicant household with the 
option of removing from the household the member 
or members who would be cause for such denial in 
order for the remainder of the household to be eligi-
ble for admission, and may only deny such admis-
sion if the applicant household refuses to exercise 
such option. 
‘‘(2) NOTICE.—A public housing agency or 
owner shall provide the applicant household with 
written notice of the option required under para-
graph (1) within a reasonable time before notice of 
an adverse action relating to covered criminal con-
duct described in subsection (a). 
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‘‘(e) PROHIBITION ON DRUG AND ALCOHOL TEST-
ING.—Notwithstanding any other provision of law, a pub-
lic housing agency or owner of federally assisted housing 
may not require drug or alcohol testing of any applicant 
for admission to federally assisted housing or a federally 
assisted housing program as a condition of such housing 
assistance. 
‘‘(f) COMPLIANCE WITH LIMITED ENGLISH PRO-
FICIENCY REQUIREMENTS.—Any notice required under 
this section to be provided to an applicant or applicant 
household shall be provided in multiple languages, con-
sistent with guidance issued by the Secretary in accord-
ance with Executive Order 13166 (42 U.S.C. 2000d–1 
note; relating to access to services for persons with limited 
English proficiency).’’. 
(c) GUIDANCE.—Not later than the expiration of the 
180-day period beginning on the date of the enactment 
of this Act, the Secretary of Housing and Urban Develop-
ment, after consultation with the Attorney General of the 
United States and an opportunity for public comment on 
the proposed guidance, shall issue the following guidance: 
(1) INDIVIDUALIZED REVIEWS REGARDING THE 
TOTALITY OF THE CIRCUMSTANCES.—Guidance re-
quired under paragraph (5) of section 576(b) of the 
Quality Housing and Work Responsibility Act of 
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1998, as such subsection is amended by subsection 
(b) of this section, regarding reviews required under 
paragraph (1) of such section 576(b). 
(2) MODEL NOTICE TO APPLICANTS.—Guidance 
setting forth model notification forms for use by 
public housing agencies and owners of federally as-
sisted housing in meeting the requirements of sub-
section (c) of section 576 of the Quality Housing 
and Work Responsibility Act of 1998, as added by 
the amendment made by subsection (b) of this sec-
tion. 
SEC. 4. REQUIREMENTS FOR TERMINATION OF TENANCY 
AND ASSISTANCE FOR COVERED CRIMINAL 
CONDUCT BY TENANTS OF FEDERALLY AS-
SISTED HOUSING. 
(a) DEFINITION
OF
COVERED
CRIMINAL
CON-
DUCT.—Paragraph (2) of section 579 of the Quality 
Housing and Work Responsibility Act of 1998 (42 U.S.C. 
13664), as added by the preceding provisions of this Act, 
is further amended by adding at the end the following new 
subparagraph: 
‘‘(B) TERMINATION OF TENANCY OR AS-
SISTANCE.— 
‘‘(i) IN GENERAL.—The term ‘covered 
criminal conduct’ means, with respect to 
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termination of tenancy or assistance, crimi-
nal conduct committed by the tenant or 
any member of the tenant’s household 
while receiving Federal housing assistance, 
that threatens the health or safety of other 
tenants, the employees, or the owner or 
public housing agency. Such term includes 
criminal conduct described in section 
16(f)(1) of the United States Housing Act 
of 1937 (42 U.S.C. 1437n(f)(1)). 
‘‘(ii) EXCLUSIONS.—Such term does 
not include, with respect to termination of 
tenancy or assistance— 
‘‘(I) a misdemeanor; 
‘‘(II) an arrest for an offense for 
which the applicant was not subse-
quently adjudicated or convicted; 
‘‘(III) any juvenile adjudication 
or conviction, including convictions 
where a juvenile was tried as an adult; 
‘‘(IV) a conviction that has been 
expunged, sealed, or subject to similar 
judicial relief under State law; 
‘‘(V) criminal citations or infrac-
tions regardless of classification; 
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‘‘(VI) non-criminal citations; 
‘‘(VII) 
a 
disposition 
received 
through successful completion of di-
version, deferred adjudication, de-
ferred entry of judgment, drug court, 
or similar judicial program under 
State law; 
‘‘(VIII) a conviction for which 
the individual was sentenced only to 
probation; 
‘‘(IX) an offense or offenses re-
lated to fees or back payments associ-
ated with incarceration; 
‘‘(X) child support payments or 
back pay associated with barriers, in-
cluding incarceration, homelessness, 
unemployment, or disability; or 
‘‘(XI) 
disciplinary 
infractions 
committed by elementary or secondary 
school students, or school related 
issues that are not criminal in nature, 
but may have led to justice involve-
ment.’’. 
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(b) REQUIREMENTS
FOR
TERMINATION.—Section 
577 of the Quality Housing and Work Responsibility Act 
of 1998 (42 U.S.C. 13662) is amended to read as follows: 
‘‘SEC. 577. REQUIREMENTS FOR TERMINATION OF TEN-
ANCY AND ASSISTANCE FOR COVERED CRIMI-
NAL CONDUCT BY TENANTS OF FEDERALLY 
ASSISTED HOUSING. 
‘‘(a) AUTHORITY TO TERMINATE
FOR CRIMINAL 
CONDUCT.—A public housing agency or owner of federally 
assisted housing may not terminate the tenancy of any 
tenant of federally assisted housing, or assistance for a 
household under any federally assisted housing program, 
based on any criminal conduct unless the agency or owner, 
as applicable, determines in accordance with this section 
that such conduct is covered criminal conduct (as such 
term is defined in section 579b). 
‘‘(b) INDIVIDUALIZED REVIEW OF THE TOTALITY OF 
THE CIRCUMSTANCES.— 
‘‘(1) REQUIREMENT.—In determining whether 
to terminate tenancy or assistance to any household 
based on covered criminal conduct by a household 
member or any guest or other person under the con-
trol of a household member, a public housing agency 
or an owner of federally assisted housing shall con-
duct an individualized review of the totality of the 
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circumstances regarding the criminal conduct at 
issue, taking into consideration the household’s need 
for housing and the health and safety of the commu-
nity. 
‘‘(2) MITIGATING FACTORS.—In conducting re-
views required under paragraph (1), a public hous-
ing agency or owner shall consider all factors pre-
sented, including all of the factors specified in sec-
tion 576(b)(4), as appropriate, except that, for pur-
poses of this paragraph— 
‘‘(A) subparagraph (C)(v) of such section 
shall be applied by substituting ‘a member of 
the household’ for ‘the applicant’; and 
‘‘(B) subparagraph (E)(ii) of such section 
shall be applied by substituting ‘in which the 
household resides’ for ‘to which the applicant’s 
application relates (if applicable)’. 
‘‘(3) NONDISCRIMINATION.—When conducting 
an individualized review under this section, a public 
housing agency or owner of federally assisted hous-
ing shall comply with applicable civil rights require-
ments under the Fair Housing Act, title VI of the 
Civil Rights Act of 1964, section 504 of the Reha-
bilitation Act of 1973, and titles II and III of the 
Americans with Disabilities Act of 1990. 
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‘‘(4) INVESTIGATIONS
AND
EVIDENCE
PRE-
SENTED BY PUBLIC HOUSING AGENCY OR OWNER OF 
FEDERALLY ASSISTED HOUSING.— 
‘‘(A) FORCED ENTRY.—If conducting an 
investigation into alleged criminal conduct com-
mitted by a tenant or member of the tenant’s 
household, the public housing agency or owner 
of federally assisted housing may not enter the 
rental property unless entry is authorized by 
the tenant or a member of the tenant’s house-
hold. 
‘‘(B) EVIDENCE
PRESENTED
BY
PUBLIC 
HOUSING AGENCY OR OWNER OF FEDERALLY 
ASSISTED
HOUSING.—If presenting evidence 
during the individualized review to demonstrate 
that a household member or any guest or other 
person under the control of a household mem-
ber engaged in covered criminal conduct, the 
public housing agency or owner of federally as-
sisted housing may only present substantiated 
evidence. 
‘‘(5) GUIDANCE.—The Secretary shall issue 
guidance for public housing agencies and owners to 
implement the requirement to conduct individualized 
reviews in accordance with this subsection. 
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‘‘(c) OPTION TO REMOVE CULPABLE HOUSEHOLD 
MEMBER.— 
‘‘(1) IN GENERAL.—In the case of any covered 
criminal conduct warranting termination of tenancy 
or assistance, the public housing agency or owner 
shall, before proceeding with eviction or termination 
proceedings against the entire tenant household, pro-
vide the tenant with the option of removing from the 
household the member that is culpable for the con-
duct that warrants the termination in order for the 
remainder of the household to continue to reside in 
the assisted unit, and may only proceed with eviction 
proceedings if the tenant refuses to exercise such op-
tion. 
‘‘(2) LEASE
OR
VOUCHER
BIFURCATION.—A 
public housing agency or owner or manager of feder-
ally assisted housing may bifurcate a lease for the 
housing or voucher in order to evict, remove, or ter-
minate assistance to any individual who is a tenant 
or lawful occupant of the housing and who engages 
in covered criminal conduct without evicting, remov-
ing, terminating assistance to, or otherwise penal-
izing other household members who are tenants or 
lawful occupants of the housing. 
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‘‘(3) EFFECT
OF
EVICTION
ON
OTHER
TEN-
ANTS.—If public housing agency or owner or man-
ager of federally assisted housing evicts, removes, or 
terminates assistance to an individual under para-
graph (2), and the individual is the sole tenant eligi-
ble to receive assistance under a federally assisted 
housing program, the public housing agency or 
owner or manager of the federally assisted housing 
shall provide any remaining tenant an opportunity to 
establish eligibility for the federally assisted housing. 
If a tenant described in the preceding sentence can-
not establish eligibility, the public housing agency or 
owner or manager of the housing shall provide the 
tenant a reasonable time of not less than 120 days, 
as determined by the Secretary, to find new housing 
or to establish eligibility for housing under another 
Federal housing program. 
‘‘(4) AVAILABILITY OF REMEDIES.—Paragraphs 
(1) through (3) shall not supersede any protections 
or remedies available under the Violence Against 
Women Act of 1994 (42 U.S.C. 13925 et seq.). 
‘‘(d) PROHIBITION ON DRUG AND ALCOHOL TEST-
ING.—Notwithstanding any other provision of law, a pub-
lic housing agency or owner of federally assisted housing 
may not require drug or alcohol testing of any tenant of 
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federally assisted housing or member of a tenant’s house-
hold as a condition of tenancy in such housing or contin-
ued receipt of such assistance.’’. 
(c) EFFECTIVE DATE.—Section 577 of the Quality 
Housing and Work Responsibility Act of 1998, as amend-
ed by subsection (b) of this section, shall take effect and 
apply on the date of the enactment of this Act. 
SEC. 5. EVICTION STANDARDS, LEASE TERMS, AND OTHER 
LIMITATIONS FOR PUBLIC HOUSING. 
(a) ADMINISTRATIVE GRIEVANCE PROCEDURES.— 
Subsection (k) of section 6 of the United States Housing 
Act of 1937 (42 U.S.C. 1437d(k)) is amended by striking 
the matter after and below paragraph (6). 
(b) LEASE TERMS.—Subsection (l) of section 6 of the 
United States Housing Act of 1937 (42 U.S.C. 1437d(l)) 
is amended— 
(1) in paragraph (5), by inserting ‘‘, subject to 
paragraph (6)’’ before the semicolon at the end; 
(2) by striking paragraph (6) and inserting the 
following new paragraph: 
‘‘(6) provide that the public housing agency 
may not terminate the tenancy based on any crimi-
nal conduct unless the agency determines, in accord-
ance with section 577 of the Quality Housing and 
Work Responsibility Act of 1998, that such conduct 
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is covered criminal conduct (as such term is defined 
in section 579B of such Act);’’; 
(3) in the second paragraph designated as para-
graph (7) (relating to occupancy in violation of sec-
tion 576(b) of the Quality Housing and Work Re-
sponsibility Act of 1998; as added by section 
575(b)(4) of such Act (Public Law 105–276; 112 
Stat. 2635))— 
(A) by striking ‘‘any occupancy in violation 
of section 576(b) of the Quality Housing and 
Work Responsibility Act of 1998 (relating to in-
eligibility of illegal drug users and alcohol abus-
ers) or’’; 
(B) by striking ‘‘(relating to termination of 
tenancy and assistance for illegal drug users 
and alcohol abusers)’’; and 
(C) by redesignating such paragraph as 
paragraph (8); and 
(4) in paragraph (9)— 
(A) in subparagraph (A), by striking ‘‘; 
or’’ at the end and inserting a period; 
(B) by striking ‘‘if such tenant—’’ in the 
matter preceding subparagraph (A) and all that 
follows through ‘‘(A) is fleeing’’ and inserting 
‘‘if such tenant is fleeing’’; and 
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(C) by striking paragraph (2). 
(c) PROHIBITION
ON
OBTAINING
INFORMATION 
FROM
DRUG
ABUSE
TREATMENT
FACILITIES.—Sub-
section (t) of section 6 of the United States Housing Act 
of 1937 (42 U.S.C. 1437d(t)) is amended— 
(1) in the subsection heading, by striking ‘‘OB-
TAINING’’ and inserting ‘‘PROHIBITION ON OBTAIN-
ING’’; 
(2) by striking paragraphs (1), (2), and (3) and 
inserting the following new paragraphs: 
‘‘(1) PROHIBITION.—A public housing agency 
may not require a person who applies for admission 
to public housing to provide consent that authorizes 
the agency to receive information from a drug abuse 
treatment facility that is related to whether the ap-
plicant is currently engaging in the illegal use of a 
controlled substance or the applicant’s progress in 
rehabilitation, and may not request such an appli-
cant to provide such consent. Such an applicant may 
voluntarily provide such information, provide signed 
written consent for the agency to receive such infor-
mation, or provide signed written consent for such 
a facility to provide such information to an agency, 
for purposes of an individualized review under sec-
tion 576(b) of the Quality Housing and Work Re-
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sponsibility Act of 1998 (42 U.S.C. 13661(b)) and 
an agency provided such information shall consider 
such information in conducting such a review. Noth-
ing in this paragraph may be construed to penalize 
or to authorize any penalty for an applicant for not 
providing such information or consent. 
‘‘(2) EXPIRATION OF WRITTEN CONSENT.—An 
applicant’s signed written consent provided pursuant 
to paragraph (1) shall expire automatically after the 
public housing agency has made a final decision to 
either approve or deny the applicant’s application for 
admittance to public housing.’’; 
(3) by striking paragraph (6); and 
(4) by redesignating paragraphs (4), (5), (7), 
and (8) as paragraphs (3), (4), (5), and (6), respec-
tively. 
(d) VISITATION RIGHTS.—Section 6 of the United 
States Housing Act of 1937 (42 U.S.C. 1437d) is amend-
ed by adding at the end the following new subsection: 
‘‘(u) VISITATION RIGHTS.—A public housing agency 
may prohibit visitation of a public housing dwelling unit 
by a non-tenant on the basis of criminal conduct by such 
non-tenant only if— 
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‘‘(1) such conduct is covered criminal conduct, 
as such term is defined in section 579B of the Qual-
ity Housing and Work Responsibility Act of 1998; 
‘‘(2) the agency has thoroughly considered— 
‘‘(A) all mitigating factors, including the 
same factors with respect to the non-tenant as 
are required under subsection (b) of such sec-
tion 576 to be considered with respect to an ap-
plicant for federally assisted housing; and 
‘‘(B) the familial relationship between the 
tenant and the non-tenant as mitigating fac-
tors; 
‘‘(3) in the case of any such prohibition of visi-
tation by a non-tenant, the agency provides the ten-
ant and non-tenant involved with an opportunity, 
not less frequently than annually, to request a rede-
termination with respect to such prohibition at 
which the tenant and non-tenant may present any 
new mitigating evidence; 
‘‘(4) the agency has provided the non-tenant 
with written notice of the agency’s decision to pro-
hibit visitation, that— 
‘‘(A) includes statements identifying the 
basis for prohibition and setting forth the non- 
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tenant’s right to present mitigating factors to 
overturn the agency’s decision; and 
‘‘(B) is provided in multiple languages, 
consistent with guidance issued by the Sec-
retary in accordance with Executive Order 
13166 (42 U.S.C. 2000d–1 note; relating to ac-
cess to services for persons with limited English 
proficiency); and 
‘‘(5) such prohibition ends after a period of 
time that does not exceed three years.’’. 
(e) PRIVATELY MANAGED PUBLIC HOUSING
AND 
HOUSING FUNDED UNDER CERTAIN DEMONSTRATION 
PROGRAMS.—Section 6 of the United States Housing Act 
of 1937 (42 U.S.C. 1437d), as amended by the preceding 
provisions of this section, is further amended by adding 
at the end the following new subsection: 
‘‘(v) SCREENING AND EVICTION POLICIES FOR PRI-
VATELY
MANAGED
PUBLIC
HOUSING
AND
HOUSING 
FUNDED
UNDER
CERTAIN
DEMONSTRATION
PRO-
GRAMS.—Notwithstanding any other provision of law, in-
cluding subtitle F of the Quality Housing and Work Re-
sponsibility Act of 1998, in the case of any public housing 
dwelling units or projects that are managed by an entity 
other than the public housing agency that owns the units 
or project, any units or projects subject to the Moving to 
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Work demonstration program authorized under section 
204 of the Departments of Veterans Affairs and Housing 
and Urban Development and Independent Agencies Ap-
propriations Act, 1996 (Public Law 104–134; 110 Stat. 
1321), and any units with assistance converted under the 
Rental Assistance Demonstration program authorized 
under title II of the Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 
2012 (division C of Public Law 112–55; 125 Stat. 673), 
such units and projects shall be subject to the screening 
and eviction policies established pursuant to this section 
and subtitle F of the Quality Housing and Work Responsi-
bility Act of 1998 (42 U.S.C. 13661 et seq.) by the agency 
that owns the units or projects.’’. 
SEC. 6. TERMINATION OF TENANCY AND TENANT SELEC-
TION UNDER SECTION 8 RENTAL ASSISTANCE 
PROGRAM. 
(a) TERMINATION OF TENANCY IN PROJECTS WITH 
PROJECT-BASED ASSISTANCE.—Subparagraph (B) of sec-
tion 8(d)(1) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(d)(1)(B)) is amended— 
(1) in clause (ii), by inserting ‘‘, subject to 
clause (iii)’’ before the semicolon at the end; and 
(2) by striking clause (iii) and inserting the fol-
lowing new clause: 
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‘‘(iii) during the term of the lease, the owner 
may not terminate the tenancy based on any crimi-
nal conduct unless the owner determines, in accord-
ance with section 577 of the Quality Housing and 
Work Responsibility Act of 1998, that such conduct 
is covered criminal conduct (as such term is defined 
in section 579B of such Act);’’. 
(b) SELECTION OF TENANTS UNDER VOUCHER PRO-
GRAM.—Subparagraph (B) of section 8(o)(6) of the 
United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(6)(B)) is amended— 
(1) by striking ‘‘(B) SELECTION
OF
TEN-
ANTS.—Each’’ and inserting the following: 
‘‘(B) SELECTION OF TENANTS.— 
‘‘(i) FUNCTION OF OWNER.—Each’’; 
(2) by inserting after ‘‘shall be the function of 
the owner.’’ the following: ‘‘Any owner that screens 
applicants based on the criminal background of the 
applicant or any member of the applicant household, 
or other permissible grounds for denial under sub-
title F of title V of the Quality Housing and Work 
Responsibility Act of 1998 (42 U.S.C. 13661 et seq.; 
relating to safety and security in public and assisted 
housing) or this section, shall provide each applicant, 
at the time of application, written notice that the 
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owner is conducting such screening, which notice 
shall be provided in multiple languages, consistent 
with guidance issued by the Secretary in accordance 
with Executive Order 13166 (42 U.S.C. 2000d–1 
note; relating to access to services for persons with 
limited English proficiency).’’; 
(3) by striking ‘‘In addition’’ and inserting the 
following: 
‘‘(ii) SCREENING.—In addition’’; 
(4) by inserting before the period at the end the 
following: ‘‘, except that a public housing agency 
may not elect to screen applicants for the program 
based on criminal conduct. The preceding sentence 
may not be construed to limit or affect the authority 
of a public housing agency under section 576 of the 
Quality Housing and Work Responsibility Act of 
1998’’; and 
(5) by adding at the end the following new 
clause: 
‘‘(iii) 
EXISTING
ASSISTED
FAMI-
LIES.—Previously assisted or subsidized 
families being provided with tenant protec-
tion assistance authorized by law (includ-
ing tenant protection vouchers, enhanced 
vouchers under subsection (t), or project- 
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based vouchers under subsection (o)(13)), 
families who are porting their vouchers to 
a new jurisdiction, and assisted families 
who are moving to redeveloped public hous-
ing (including any units with assistance 
converted under the Rental Assistance 
Demonstration program authorized under 
title II of the Transportation, Housing and 
Urban Development, and Related Agencies 
Appropriations Act, 2012 (division C of 
Public Law 112–55; 125 Stat. 673)), shall 
not be considered new applicants under 
this paragraph and shall not be subject to 
elective re-screening by a public housing 
agency.’’. 
(c) ADMINISTRATIVE FEES.—Subparagraph (B) of 
section 8(q)(2) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(q)(2)(B)) is amended by inserting be-
fore the semicolon the following: ‘‘, except that persons 
who have exited a jail or prison shall be considered, for 
purposes of this subparagraph, to be experiencing dif-
ficulty in obtaining appropriate housing under the pro-
grams as determined by the Secretary’’. 
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SEC. 7. SCREENING AND TERMINATION OF TENANCY IN 
RURAL HOUSING PROGRAMS. 
(a) REGULATIONS.—The Secretary of Agriculture 
shall— 
(1) revise the regulations of the Secretary re-
garding screening of applicants for admission to 
housing assisted, and for housing assistance, under 
the covered rural housing programs (as such term is 
defined in subsection (b)) to provide that such regu-
lations are substantially similar to the regulations of 
the Secretary of Housing and Urban Development 
relating to screening of applicants for admission to 
federally assisted housing and to federally assisted 
housing programs, pursuant to the United States 
Housing Act of 1937, subtitle F of the Quality 
Housing and Work Responsibility Act of 1998, and 
any other applicable laws; and 
(2) revise the regulations of the Secretary re-
garding termination of tenancy in housing assisted, 
and termination of housing assistance, under the 
covered rural housing programs to provide that such 
regulations are substantially similar to the regula-
tions of the Secretary of Housing and Urban Devel-
opment relating to termination of tenancy in feder-
ally assisted housing, and termination of housing as-
sistance, pursuant to the United States Housing Act 
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of 1937, subtitle F of the Quality Housing and 
Work Responsibility Act of 1998, and any other ap-
plicable laws. 
(b) COVERED RURAL HOUSING PROGRAMS.—For 
purposes of this section, the term ‘‘covered rural housing 
programs’’ means— 
(1) the program under section 515 of the Hous-
ing Act of 1949 (42 U.S.C. 1485) for rural rental 
and cooperative housing; 
(2) the loan and grant programs under sections 
514 and 516 of such Act (42 U.S.C. 1484, 1486) 
for farm labor housing; 
(3) the program under section 533 of such Act 
(42 U.S.C. 1490M) for housing preservation grants; 
(4) the program under section 538 of such Act 
(42 U.S.C. 1490p–2) for loan guarantees for multi-
family rural rental housing; 
(5) the program under section 521(a) of such 
Act (42 U.S.C. 1490a) for rural housing rental as-
sistance; and 
(6) the program under section 542 of such Act 
(42 U.S.C. 1490r) for rural housing rental voucher 
assistance. 
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(c) TIMING; CONSULTATION.—The Secretary of Agri-
culture shall issue the revised regulations required under 
paragraph (1)— 
(1) after consultation with the Secretary of 
Housing and Urban Development; and 
(2) not later than the expiration of the 180-day 
period that begins upon the conclusion of the period 
specified in section 10 of this Act. 
(d) CONFORMING AMENDMENT.—Paragraph (3) of 
section 579 of the Quality Housing and Work Responsi-
bility Act of 1998 (42 U.S.C. 13664), as so redesignated 
by the amendments made by section 3 of this Act, is fur-
ther amended— 
(1) in subparagraph (G), by inserting ‘‘or’’ 
after the semicolon at the end; 
(2) in subparagraph (H), by striking ‘‘; or’’ and 
inserting a period; and 
(3) by striking subparagraph (I). 
SEC. 8. DATA COLLECTION. 
(a) IN GENERAL.—Subtitle F of the Quality Housing 
and Work Responsibility Act of 1998 (42 U.S.C. 13661 
et seq.) is amended— 
(1) by redesignating section 579, as amended 
by the preceding provisions of this Act, as section 
579B; and 
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(2) by inserting after section 578 (42 U.S.C. 
13663) the following new section: 
‘‘SEC. 579. DATA COLLECTION. 
‘‘(a) APPLICATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
each public housing agency and owner to submit a 
report to the Secretary on an annual basis that con-
tains the following information for the preceding 12- 
month reporting period: 
‘‘(A) The number of applications for ad-
mission to federally assisted housing or a feder-
ally assisted housing program reviewed by the 
public housing agency, including its review 
panel, or owner. 
‘‘(B) The number of applications for ad-
mission to federally assisted housing or a feder-
ally assisted housing program reviewed by the 
public housing agency, including its review 
panel, or owner for covered criminal conduct. 
‘‘(C) The number of denials of applications 
for admission to federally assisted housing or a 
federally assisted housing program rendered by 
the public housing agency or owner on the basis 
of covered criminal conduct. 
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‘‘(D) The number of such denials pursuant 
to which the applicant filed a request for infor-
mal review. 
‘‘(E) The number of such denials that were 
overturned following informal review. 
‘‘(F) The information required under sub-
paragraphs (A) through (E) disaggregated by 
the race of the applicant, the ethnicity of the 
applicant, the sex of the applicant, and whether 
the applicant had a disability as defined by sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). 
‘‘(2) CONFIDENTIALITY.—The information col-
lected pursuant to paragraph (1) shall be subject to 
the same confidentiality requirements of section 
576(b)(2)(F) that are applicable to information 
gathered in the process of screening for criminal 
convictions. 
‘‘(b) TERMINATIONS.—The Secretary shall require 
each public housing agency and owner to submit a report 
to the Secretary on an annual basis that contains the fol-
lowing information for the preceding 12-month reporting 
period: 
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‘‘(1) The number of terminations of tenancy 
and terminations of assistance initiated by the public 
housing agency or owner. 
‘‘(2) The number of terminations of tenancy 
and terminations of assistance rendered by the pub-
lic housing agency or owner on the basis of covered 
criminal activity. 
‘‘(3) For each termination of tenancy or assist-
ance based on covered criminal conduct, the specific 
type or types of covered criminal conduct involved, 
including the disposition of any criminal charges 
against the tenant or participant. 
‘‘(4) The information required under para-
graphs (1) through (3) disaggregated by the race of 
the applicant, the ethnicity of the applicant, the sex 
of the applicant, and whether the applicant had a 
disability as defined by section 504 of the Rehabili-
tation Act of 1973 (29 U.S.C. 794).’’. 
(b) CONFORMING AMENDMENT.—Subsection (c) of 
section 578 of the Quality Housing and Work Responsi-
bility Act of 1998 (42 U.S.C. 13663(c)) is amended by 
striking ‘‘section 579(a)(2)’’ and inserting ‘‘section 
579B(3)’’. 
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SEC. 9. COMPLIANCE. 
Subtitle F of the Quality Housing and Work Respon-
sibility Act of 1998 (42 U.S.C. 13661 et seq.), as amended 
by the preceding provisions of this Act, is further amended 
by inserting after section 579 (as added by section 8 of 
this Act) the following new section: 
‘‘SEC. 579A. COMPLIANCE. 
‘‘A public housing agency or owner of federally as-
sisted housing, as applicable, shall be solely responsible for 
compliance with the requirements of this subtitle, notwith-
standing the use of any third party for such purposes. In 
a case of failure of a public housing agency or owner to 
comply with the requirements of this subtitle, the Sec-
retary may withhold funds made available for the federally 
assisted housing program under which the failure to com-
ply occurred from the agency or owner.’’. 
SEC. 10. NO INTERFERENCE WITH STATE OR LOCAL REGU-
LATORY AUTHORITY. 
This Act and the amendments made by this Act may 
not be construed to preempt any State or local regulations 
or requirements that do not prevent the application of the 
provisions of this Act or such amendments. 
SEC. 11. REGULATIONS. 
The Secretary of Housing and Urban Development 
shall issue any regulations necessary to carry out the 
amendments made by sections 2 through 6 and section 
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8 of this Act not later than the expiration of the 12-month 
period beginning on the date of the enactment of this Act. 
SEC. 12. EFFECTIVE DATE. 
Except as specifically provided otherwise in this Act, 
the amendments made by this Act shall be made on, and 
shall apply beginning upon, the effective date of the regu-
lations issued pursuant to section 11. 
Æ 
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