[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4543 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4543

To amend section 16 of the United States Housing Act of 1937 to require 
owners of federally assisted housing to establish standards to prohibit 
   occupancy in such housing by drug and alcohol abusers in the same 
  manner that public housing agencies are required to establish such 
                     standards for public housing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 1998

 Mr. Kennedy of Rhode Island introduced the following bill; which was 
      referred to the Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
To amend section 16 of the United States Housing Act of 1937 to require 
owners of federally assisted housing to establish standards to prohibit 
   occupancy in such housing by drug and alcohol abusers in the same 
  manner that public housing agencies are required to establish such 
                     standards for public housing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF OCCUPANCY STANDARDS AND AUTHORITY TO 
              TERMINATE TENANCY.

    Section 16(e) of the United States Housing Act of 1937 (42 U.S.C. 
1437n(e)) is amended--
            (1) in paragraph (1), by striking ``In general'' and 
        inserting ``Public housing and pha-administered section 8 
        assistance'';
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A)--
                    (A) by inserting ``or (2)'' after ``paragraph 
                (1)''; and
                    (B) by inserting ``or an owner of federally 
                assisted housing'' after ``public housing agency'';
            (3) by redesignating paragraph (2), as so amended, as 
        paragraph (3); and
            (4) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Federally assisted housing.--Notwithstanding any 
        other provision of law, an owner of federally assisted housing 
        shall establish standards for occupancy in units in such 
        housing--
                    ``(A) that prohibit occupancy in any such dwelling 
                unit by any person--
                            ``(i) who the owner determines is illegally 
                        using a controlled substance; or
                            ``(ii) if the owner determines that the 
                        owner has reasonable cause to believe that such 
                        person'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 of 
                        the project; and
                    ``(B) that allow the owner to terminate the tenancy 
                in any dwelling unit in the federally assisted housing 
                of any person--
                            ``(i) who the owner determines is illegally 
                        using a controlled substance; or
                            ``(ii) whose illegal use of a controlled 
                        substance, or whose abuse of alcohol, is 
                        determined by the owner to interfere with the 
                        health, safety, or right to peaceful enjoyment 
                        of the premises by other residents of the 
                        project.''.

SEC. 2. DEFINITIONS.

    Section 16(e) of the United States Housing Act of 1937 (42 U.S.C. 
1437n(e)), as amended by section 2 of this Act, is further amended by 
adding at the end the following new paragraph:
            ``(4) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Federally assisted housing.--The term 
                `federally assisted housing' means housing that is--
                            ``(i) provided project-based assistance 
                        under section 8 of the United States Housing 
                        Act of 1937, including new construction and 
                        substantial rehabilitation projects;
                            ``(ii) assisted under section 202 of the 
                        Housing Act of 1959 (as amended by section 801 
                        of the Cranston-Gonzalez National Affordable 
                        Housing Act);
                            ``(iii) assisted under section 202 of the 
                        Housing Act of 1959, as such section existed 
                        before the enactment of the Cranston-Gonzalez 
                        National Affordable Housing Act;
                            ``(iv) assisted under section 811 of the 
                        Cranston-Gonzalez National Affordable Housing 
                        Act;
                            ``(v) financed by a loan or mortgage 
                        insured under section 221(d)(3) of the National 
                        Housing Act that bears interest at a rate 
                        determined under the proviso of section 
                        221(d)(5) of such Act;
                            ``(vi) insured, assisted, or held by the 
                        Secretary or a State or State agency under 
                        section 236 of the National Housing Act; or
                            ``(vii) assisted under section 515 of the 
                        Housing Act of 1949.
                    ``(B) Owner.--The term `owner' means, with respect 
                to federally assisted housing, the entity or private 
                person (including a cooperative or public housing 
                agency) that has the legal right to lease or sublease 
                dwelling units in such housing.''.
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