Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 185 - SECTION 8 - HOUSING CHOICE VOUCHER PROGRAM › Subchapter 9 - MISCELLANEOUS PROVISION › Exhibit H

Current through June, 2024
"Rehabilitation
					 42 USC
					 §
												13661(b)(2) (A) - (C)
					 "
[Laws in effect as of January 6, 1999][Document not
					 affected by Public Laws enacted between January 6, 1999 and October 26, 2000]
[CITE:
					 42USC
					 13661]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 135--RESIDENCY AND SERVICE REQUIREMENTS IN
					 FEDERALLY ASSISTED HOUSING
SUBCHAPTER V--SAFETY AND SECURITY IN PUBLIC AND ASSISTED
					 HOUSING
Sec. 13661. Screening of applicants for federally assisted
					 housing
(a) Ineligibility because of eviction for drug
					 crimes
Any tenant evicted from federally assisted housing by
					 reason of drug-related criminal activity (as such term is defined in section
					 1437a(b) of this title) shall not be eligible for federally assisted housing
					 during the 3-year period beginning on the date of such eviction, unless the
					 evicted tenant successfully completes a rehabilitation program approved by the
					 public housing agency (which shall include a waiver of this subsection if the
					 circumstances leading to eviction no longer exist).
(b) Ineligibility of illegal drug users and alcohol
					 abusers
(1) In general
Notwithstanding any other provision of law, a public
					 housing agency or an owner of federally assisted housing, as determined by the
					 Secretary, shall establish standards that prohibit admission to the program or
					 admission to federally assisted housing for any household with a
					 member--
(A) who the public housing agency or owner determines is
					 illegally using a controlled substance; or
(B) with respect to whom the public housing agency or owner
					 determines that it has reasonable cause to believe that such household member's
					 illegal use (or pattern of illegal use) of a controlled substance, or abuse (or
					 pattern of abuse) of alcohol, 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)(B), to
					 deny admission to the program or federally assisted housing to any household
					 based on a pattern of illegal use of a controlled substance or a pattern of
					 abuse of alcohol by a household member, a public housing agency or an owner may
					 consider whether such household member--
(A) has successfully completed a supervised drug or alcohol
					 rehabilitation program {as applicable) and is no longer engaging in the illegal
					 use of a controlled substance or abuse of alcohol (as applicable);
(B) has otherwise been rehabilitated successfully and is no
					 longer engaging in the illegal use of a controlled substance or abuse 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 abuse of alcohol (as applicable).
(c) Authority to deny admission to criminal
					 offenders
Except as provided in subsections (a) and (b) of this
					 section and in addition to any other authority to screen applicants, in
					 selecting among applicants for admission to the program or to federally
					 assisted housing, if the public housing agency or owner of such housing (as
					 applicable) determines that an applicant or any member of the applicant's
					 household is or was, during a reasonable time preceding the date when the
					 applicant household would otherwise be selected for admission, engaged in any
					 drug-related or violent criminal activity or other criminal activity which
					 would adversely affect the health, safety, or right to peaceful enjoyment of
					 the premises by other residents, the owner, or public housing agency employees,
					 the public housing agency or owner may--
(1) deny such applicant admission to the program or to
					 federally assisted housing; and
(2) after the expiration of the reasonable period beginning
					 upon such activity, require the applicant, as a condition of admission to the
					 program or to federally assisted housing, to submit to the public housing
					 agency or owner evidence sufficient (as the Secretary shall by regulation
					 provide) to ensure that the individual or individuals in the applicant's
					 household who engaged in criminal activity for which denial was made under
					 paragraph (1) have not engaged in any criminal activity during such reasonable
					 period.
(Pub.
					 L. 105-276, title V, Sec. 576, Oct. 21, 1998, 112
					 Stat. 2639.)
Codification
Section was enacted as part of the Quality Housing and Work
					 Responsibility Act of 1998, and not as part of subtitles C to F of title VI of
					 Pub.
					 L. 102-550 which comprise this chapter.
Section is comprised of
					 section
					 576 of
					 Pub.
					 L. 105-276. Subsec. (d) of
					 section
					 576 of
					 Pub.
					 L. 105-276 amended sections 1437d and 1437n of
					 this title.
Effective Date
Subchapter effective and applicable beginning upon Oct. 1,
					 1999, except as otherwise provided, with provision that Secretary may implement
					 any provision of subchapter before such date, except to extent otherwise
					 provided, see section
					 503 of
					 Pub.
					 L. 105-276, set out as an Effective Date of 1998
					 Amendment note under section 1437 of this title.
Section Referred to in Other Sections
This section is referred to in section 1437d of this
					 title.