‘‘(i) the reason for such denial, includ-
ing the specific criminal activity on which 
the denial is based; 
‘‘(ii) the actions that the applicant 
may take to appeal such denial; and 
‘‘(iii) the requirement under sub-
section (b) to consider the totality of the 
circumstances and the right under sub-
section (b)(2) to present mitigating evi-
dence; and 
‘‘(B) a copy of any documents that the 
public housing agency or owner used to support 
its determination of criminal activity. 
‘‘(g) RESPONSIBILITY FOR COMPLIANCE.—A public 
housing agency or owner, as applicable, shall be solely re-
sponsible for compliance with the requirements of this sub-
title, notwithstanding the use of any third party for such 
purposes. 
‘‘(h) COMPLIANCE WITH LIMITED ENGLISH PRO-
FICIENCY REQUIREMENTS.—Any notice or document re-
quired under this section to be provided to an applicant 
or applicant household shall be provided in multiple lan-
guages, consistent with guidance issued by the Secretary 
in accordance with Executive Order 13166 (42 U.S.C. 
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2000d–1 note; relating to access to services for persons 
with limited English proficiency).’’. 
(b) 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 (2) of section 576(b) of the 
Quality Housing and Work Responsibility Act of 
1998, as such subsection is amended by subsection 
(a) 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 (f) of section 576 of the Quality Housing 
and Work Responsibility Act of 1998, as added by 
the amendment made by subsection (a) of this sec-
tion. 
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SEC. 4. REQUIREMENTS FOR TERMINATION OF TENANCY 
AND ASSISTANCE FOR COVERED CRIMINAL 
ACTIVITY BY TENANTS OF FEDERALLY AS-
SISTED HOUSING. 
(a) IN GENERAL.—Section 577 of the Quality Hous-
ing 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 ACTIVITY BY TENANTS OF FEDERALLY 
ASSISTED HOUSING. 
‘‘(a) TOTALITY OF THE CIRCUMSTANCES REVIEW.— 
‘‘(1) REQUIREMENT.—In determining whether 
to terminate tenancy or assistance to any household 
based on covered criminal activity 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 shall conduct an individualized review of 
the totality of the circumstances regarding the crimi-
nal activity at issue, taking into consideration the 
household’s need for housing and the health and 
safety of the community. 
‘‘(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 tenants 
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to submit mitigating evidence and shall include con-
sideration of all mitigating factors presented, includ-
ing all of the factors specified in section 576(b)(2); 
except that, for purposes of this paragraph— 
‘‘(A) subparagraph (B) of such section 
shall be applied without considering ‘the 
amount of time since such offense or offenses’; 
and 
‘‘(B) subparagraph (C)(ii) of such section 
shall be applied by substituting ‘in which the 
household resides’ for ‘to which the applicant’s 
application relates (if applicable)’. 
‘‘(b) PROHIBITION OF EVICTIONS BASED ON INCON-
CLUSIVE EVIDENCE.—A public housing agency or owner 
may not deny admission to federally assisted housing or 
to the program based solely on— 
‘‘(1) an arrest for an offense for which the ap-
plicant was not subsequently convicted; 
‘‘(2) any juvenile adjudication or conviction; 
‘‘(3) 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; 
‘‘(4) non-criminal citations, such as traffic and 
municipal citations; or 
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‘‘(5) 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)). 
‘‘(c) OPTION TO REMOVE CULPABLE HOUSEHOLD 
MEMBER.— 
‘‘(1) IN GENERAL.—In the case of any covered 
criminal activity 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 activ-
ity that warrants the termination in order for the re-
mainder 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) AVAILABILITY OF REMEDIES.—Paragraph 
(1) shall not supersede any protections or remedies 
available under the Violence Against Women Act of 
1994 (42 U.S.C. 13925 et seq.). 
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‘‘(d) PROHIBITION ON SUSPICIONLESS DRUG AND 
ALCOHOL TESTING.—Notwithstanding any other provi-
sion of law, a public housing agency or owner of federally 
assisted housing may not require drug or alcohol testing, 
without individualized suspicion, of any tenant of federally 
assisted housing or member of a tenant’s household, as 
a condition of tenancy in such housing or continued re-
ceipt of such assistance.’’. 
(b) EFFECTIVE DATE.—Section 577 of the Quality 
Housing and Work Responsibility Act of 1998, as amend-
ed by subsection (a) of this section, shall take effect and 
apply on the date of the enactment of this Act. 
SEC. 5. 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 
580; and 
(2) by inserting after section 578 (42 U.S.C. 
13663) the following new section: 
‘‘SEC. 579. DATA COLLECTION. 
‘‘(a) APPLICATIONS.—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-
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lowing information for the preceding 12-month reporting 
period: 
‘‘(1) The number of applications for admission 
to federally assisted housing or the program re-
viewed by the public housing agency or owner. 
‘‘(2) The number of applications for admission 
to federally assisted housing or the program re-
viewed by the public housing agency or owner for 
covered criminal activity. 
‘‘(3) For each applicant for which the public 
housing agency or owner reviewed covered criminal 
activity, the specific type or types of covered crimi-
nal activity reviewed by the public housing agency or 
owner, including the disposition of any criminal 
charges against the applicant. 
‘‘(4) The number of denials of applications for 
admission to federally assisted housing or the pro-
gram rendered by the public housing agency or 
owner on the basis of covered criminal activity. 
‘‘(5) The number of such denials pursuant to 
which the applicant filed a request for informal re-
view. 
‘‘(6) The number of such denials that were 
overturned following informal review. 
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‘‘(7) The information required under para-
graphs (1) through (5) disaggregated by the race of 
the applicant, the ethnicity of the applicant, and 
whether the applicant had a disability as defined by 
section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). 
‘‘(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: 
‘‘(1) The number of terminations of tenancy 
and terminations of assistance initiated by the public 
housing agency or owner. 
‘‘(2) For each termination of tenancy or assist-
ance based on covered criminal activity, the specific 
type or types of covered criminal activity involved, 
including the disposition of any criminal charges 
against the tenant or participant. 
‘‘(3) 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. 
‘‘(4) The information required under para-
graphs (1) through (3) disaggregated by the race of 
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the applicant, the ethnicity of the applicant, and 
whether the applicant had a disability as defined by 
section 504 of the Rehabilitation 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 
580(a)(2)’’. 
SEC. 6. PUBLIC HOUSING EVICTION STANDARDS. 
(a) ADMINISTRATIVE GRIEVANCE PROCEDURES.— 
Section 6(k) of the United States Housing Act of 1937 
(42 U.S.C. 1437d(k)) is amended, in the first sentence 
of the matter after and below paragraph (6)— 
(1) by inserting ‘‘violent criminal’’ before ‘‘ac-
tivity that threatens’’; and 
(2) by striking ‘‘or drug-related’’. 
(b) LEASE TERMS.—Section 6(l) of the United States 
Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended— 
(1) by striking paragraph (6) and inserting the 
following new paragraph: 
‘‘(6) provide that any covered criminal activity 
(as such term is defined in section 58(a) of the 
Quality Housing and Work Responsibility Act of 
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1998) shall be cause for termination of tenancy, sub-
ject to section 577 of such Act (42 U.S.C. 13662);’’; 
(2) 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 
(3) 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.—Section 
6(t) 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 paragraph (1) and inserting the 
following new paragraph: 
‘‘(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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