I
103D CONGRESS
2D SESSION
H. R. 3943
To prevent persons that have drug use or alcohol use problems from occupying
dwelling units in public housing projects designated for occupancy by
elderly families, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 1994
Mr. BLUTE introduced the following bill; which was referred to the Committee
on Banking, Finance and Urban Affairs
A BILL
To prevent persons that have drug use or alcohol use prob-
lems from occupying 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 Act’’.
SEC. 2. LIMITATION ON OCCUPANCY IN PUBLIC HOUSING
DESIGNATED FOR ELDERLY FAMILIES.
Section 7(a) of the United States Housing Act of
1937 (42 U.S.C. 1437e(a)) is amended—
(1) in paragraph (1), by striking ‘‘Notwith-
standing any other provision of law’’ and inserting
‘‘Subject only to the provisions of this subsection’’;
(2) in paragraph (4), by inserting ‘‘, except as
provided in paragraph (5)’’ before the period at the
end; and
(3) by adding at the end the following new
paragraph:
‘‘(5) LIMITATION ON OCCUPANCY IN PROJECTS
FOR ELDERLY FAMILIES.—
‘‘(A) OCCUPANCY
LIMITATION.—Notwith-
standing any other provision of law, a dwelling
unit in a project (or portion of a project) that
is designated under paragraph (1) for occu-
pancy by only elderly families or by only elderly
and disabled families shall not be occupied by—
‘‘(i) any person with disabilities who
is not an elderly person and whose use (or
history of use) of drugs or alcohol con-
stitutes a disability; or
‘‘(ii) any person who is not an elderly
person whose use of drugs or alcohol (or
history of such use) provides reasonable
cause for the agency to believe that the oc-
cupancy by such person may interfere with
the health, safety, or right to peaceful en-
joyment of the premises by other tenants.
‘‘(B) REQUIRED
STATEMENT.—A public
housing agency may not make a dwelling unit
in such a project available for occupancy to any
person or family who is not an elderly family,
unless the agency acquires from the person or
family a signed statement that no person who
will be occupying the unit uses (or has a history
of use) of drugs or alcohol that would interfere
with the health, safety, or right to peaceful en-
joyment of the premises by other tenants.’’.
SEC. 3. LEASE PROVISIONS.
Section 6(l) of the United States Housing Act of
1937 (42 U.S.C. 1437d(l)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (6) as para-
graph (7); and
(3) by inserting after paragraph (5) following
new paragraph:
‘‘(6) provide that any violation of the provisions
of section 7(a)(5)(A) or the furnishing of any false
or misleading information pursuant to section
7(a)(5)(B) shall be cause for termination of tenancy;
and’’.
SEC. 4. PROVISION OF SECTION 8 ASSISTANCE TO MOVE
NONELDERLY TENANTS HAVING DRUG OR
ALCOHOL USE PROBLEMS FROM PUBLIC
HOUSING DESIGNATED FOR ELDERLY FAMI-
LIES.
(a) IN GENERAL.—Section 7(c) of the United States
Housing Act of 1937 is amended to read as follows:
‘‘(c) LIMITATIONS ON EVICTIONS.—
‘‘(1) IN GENERAL.—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 a portion
of the project) pursuant to this section or because
of any action taken by the Secretary of Housing and
Urban Development or any public housing agency
pursuant to this section.
‘‘(2) EVICTION OF NONELDERLY TENANTS HAV-
ING DRUG OR ALCOHOL USE PROBLEMS IN HOUSING
DESIGNATED FOR ELDERLY FAMILIES.—A tenant in
a project (or portion of a project) that is designated
under subsection (a)(1) for occupancy by only elder-
ly families or by only elderly and disabled families
shall be evicted under this paragraph if—
‘‘(A) the tenant’s household includes a per-
son described in clause (i) or (ii) of subsection
(a)(5)(A); and
‘‘(B) upon termination of the tenant’s ten-
ancy in the project, the public housing agency
provides rental assistance under section 8 on
behalf of the tenant.’’.
(b) PREFERENCE FOR SECTION 8 ASSISTANCE.—
(1) CERTIFICATES.—Section 8(d)(1)(A)(i) of
the United States Housing Act of 1937 (42 U.S.C.
1437f(d)(1)(A)(i)) is amended by inserting after ‘‘in-
come for rent,’’ the following: ‘‘are required to be
evicted under section 7(c)(2) if assistance under this
section is provided on behalf of the family,’’.
(2) VOUCHERS.—The first sentence of section
8(o)(3)(B) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(3)(B)) is amended by in-
serting after ‘‘displaced,’’ the following: ‘‘are re-
quired to be evicted under section 7(c)(2) if assist-
ance under this section is provided on behalf of the
family,’’.