Reform of one strike mandatory eviction

(a)

United States Housing Act of 1937

Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended— (1)by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F) and realigning such subparagraphs (as so redesignated) so as to be indented 4 ems from the left margin; (2)by striking (k) The Secretary shall and inserting the following:

(k)

Review of eviction and denials of tenancy

(1)

In general

Subject to paragraph (3), the Secretary shall

;

(3)by striking For any grievance concerning and inserting the following:

(2)

Expedited procedures

Subject to paragraph (3), for any grievance concerning

; and

(4)by adding at the end the following new paragraph:

(3)

Mitigating circumstances and innocent owner

(A)

Mitigating circumstances

In determining whether to evict a tenant, terminate a tenancy, or deny an application for tenancy due to a criminal conviction of the person that is the subject of a grievance, and in any judicial review of such determination, the public housing agency or other reviewing body shall consider all mitigating circumstances and the impact of the eviction, termination, or denial upon the family and dependents of that person. (B)

Innocent tenants

A tenant shall not be subject to eviction, denied a tenancy, or have a tenancy terminated based solely upon the familial relationship of the tenant to a person who has been convicted of a criminal offense.

(b)

Quality Housing and Work Responsibility Act of 1998

(1)

Ineligibility

Section 576 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended— (A)in subsection (b)— (i)in paragraph (1), by striking any household with a member and inserting any person; and (ii)in paragraph (2)— (I)by striking any household and inserting any person; and (II)by striking household member each place such term appears and inserting person; (B)in subsection (c)— (i)in the matter preceding paragraph (1)— (I)by striking or any member of the applicant’s household; and (II)by striking applicant household and inserting applicant; and (ii)in paragraph (2)— (I)by striking or individuals in the applicant’s household; and (II)by striking have not and inserting has not; (C)by redesignating subsection (d) as subsection (e); and (D)by inserting after subsection (d) the following new subsection:

(d)

Review of denial of application

(1)

Review of denial

The denial of an application under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)). (2)

Innocent applicants

Nothing in this section shall allow for the denial of an application based solely on the familial relationship of an applicant to a person who has a criminal conviction or is otherwise in violation of this section.

(2)

Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing

Section 577 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662) is amended— (A)in subsection (a), by striking household with a member and inserting person; (B)in subsection (b)— (i)by striking household based and inserting person based; (ii)by striking by a household member and inserting by that person; and (iii)by striking such household member and inserting such person; and (C)by adding at the end the following:

(c)

Review of termination of tenancy

The decision to terminate the tenancy or assistance of any person under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)). (d)

Innocent tenants

Nothing in this section shall allow for the termination of a tenancy or assistance to any person based solely on the familial relationship of the tenant to a person who is in violation of this section.

(c)

Requirement of intent or knowledge of crime before eviction from or denial of public and publicly assisted housing

The United States Housing Act of 1937 is amended— (1)in each of sections 6(l)(6) and 8(o)(7)(D) (42 U.S.C. 1437d(l)(6) and 1437f(o)(7)(D)), by inserting after the first semicolon the following: except that such criminal or drug-related activity, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of tenancy of the tenant if the tenant did not know and should not have known of the activity, or if the tenant, member of the tenant’s household, or any guest or other person under the tenant’s control was the victim of criminal activity; and; and (2)in section 8(d)(1)(B)(iii) (42 U.S.C. 1437f(d)(1)(B)(iii)), by inserting after the first colon the following: such criminal or drug-related activity, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of tenancy of the tenant if the tenant did not know and should not have known of the activity, or if the tenant, member of the tenant’s household, or any guest or other person under the tenant’s control was the victim of criminal activity; and except that.