104TH CONGRESS
1ST SESSION
H. R. 117
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,
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-
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).’’.
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
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
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