[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3685 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3685
To reform the screening and eviction policies for Federal housing
assistance in order to provide fair access to housing, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2019
Ms. Ocasio-Cortez introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To reform the screening and eviction policies for Federal housing
assistance in order to provide fair access to housing, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Chance at Housing Act of
2018''.
SEC. 2. DEFINITIONS.
Section 579 of the Quality Housing and Work Responsibility Act of
1998 (42 U.S.C. 13664) is amended--
(1) by striking ``(a) Definitions.--'';
(2) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Conviction.--
``(A) In general.--The term `conviction' means
judgment of guilt or nolo contendere or any disposition
arising therefrom.
``(B) Exclusions.--Such term does not include--
``(i) an arrest or any disposition
therefrom that did not result in a conviction;
``(ii) any criminal disposition for an
offense committed prior to the defendant's 18th
birthday;
``(iii) a conviction that has been
expunged, sealed, or subject to similar
judicial relief;
``(iv) a disposition received through
successful completion of diversion, deferred
adjudication, deferred entry of judgment, drug
court, or similar judicial program under State
law; or
``(v) any other criminal disposition not
deemed a conviction under State or Federal
law.''; and
(3) in paragraph (3), by adding after the period at the end
the following: ``For purposes of sections 576 and 577, such
term does not include an owner of federally assisted housing
specified in paragraph (3)(B).''.
SEC. 3. SCREENING OF APPLICANTS FOR FEDERALLY ASSISTED HOUSING.
(a) Definition of Covered Criminal Conduct.--Section 579 of the
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13664),
as amended by the preceding provisions of this Act, is further
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Covered criminal conduct.--
``(A) Admission to federally assisted housing.--
``(i) In general.--The term `covered
criminal conduct' means, with respect to
admission to federally assisted housing,
criminal conduct--
``(I) for which the applicant or a
member of the applicant's household has
been convicted of a felony under State
or Federal criminal law; and
``(II) that threatens the health,
or safety of other tenants, the
employees, or the owner or public
housing agency.
``(ii) Exclusions.--Notwithstanding any
other provision of law, such term does not
include, with respect to admission to federally
assisted housing--
``(I) a conviction for a drug
offense for which the individual served
a sentence of less than ten years;
``(II) an offense or offenses
related to fees or back payments
associated with incarceration;
``(III) any other legal financial
obligation; or
``(IV) a conviction for which the
individual was sentenced only to
probation.''.
(b) Screening of Applicants.--Section 576 of the Quality Housing
and Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended to
read as follows:
``SEC. 576. SCREENING OF APPLICANTS FOR FEDERALLY ASSISTED HOUSING.
``(a) Authority To Deny Admission for Criminal Conduct.--Except as
otherwise provided by this section and in addition to any other
authority to screen applicants, in selecting among applicants for
admission to federally assisted housing or a federally assisted housing
program, including individuals seeking to join a household currently
receiving Federal housing assistance, a public housing agency or owner
of such housing (as applicable) may deny an applicant admission to the
program or to federally assisted housing based on any criminal conduct
only if the agency or owner determines, based on an individualized
review of the totality of the circumstances, that such applicant or any
member of the applicant's household was engaged in covered criminal
conduct, within a reasonable period of time preceding the date when the
applicant household would otherwise be admitted to the federally
assisted housing or to the program.
``(b) Individualized Review of the Totality of the Circumstances.--
``(1) Requirement.--Before denying admission to an
applicant pursuant to subsection (a), a public housing agency
or owner of federally assisted housing shall conduct an
individualized review of the totality of the circumstances
regarding the criminal conduct at issue.
``(2) Review panel for public housing and tenant-based
rental assistance applicants.--
``(A) Requirement.--The Secretary shall issue
guidance requiring each public housing agency to
establish a review panel to conduct the individualized
review required under paragraph (1) with respect to
applications for federally assisted housing specified
in subparagraphs (A) and (B) of section 579B(3). An
applicant may present mitigating evidence for the
review panel to determine whether the applicant should
be admitted.
``(B) Membership.--Each committee review panel
shall include at least one resident representative.
``(C) Notice.--Applicants shall be notified in
writing of their panel review at least 14 days before
date of the review. Notice shall be provided in
accordance with subsection (c) of this section.
``(D) Conviction information.--A public housing
agency shall produce a detailed criminal conviction
report to be used by the panel in the review process.
If an applicant identifies an error on the criminal
conviction report used by the panel, the applicant
shall have the opportunity to defer his or her
application prior to panel review to correct the
report. The report shall be shared only with the
applicant and members of the review panel.
``(E) Burden of proof.--A public housing agency may
not deny admission to an applicant unless the agency
determines, by a preponderance of the evidence, that
the applicant's criminal conduct renders the applicant
unfit for housing.
``(F) Confidentiality.--All information gathered in
the process of screening for criminal convictions shall
be kept confidential and shall not be released unless
the applicant agrees in writing or such release it is
otherwise required by law. Public housing agencies
shall establish a formal confidentiality policy.
``(G) Decision-making process.--The panel shall
review the applicant's circumstances and other
available information, including any information the
applicant chooses to bring to the panel's attention.
Within 7 days, the panel shall review all relevant
information and members shall determine whether, by a
preponderance of the evidence, the applicant's criminal
record renders the applicant unfit for housing.
``(H) Appeals.--Each applicant shall have a right
to appeal a decision by the panel to deny admission, in
accordance with current regulations. An applicant shall
have 14 days to appeal the determination and a request
for such an appeal shall be made in writing. Pursuant
to such a request, the public housing agency shall hold
an informal hearing and decide whether to uphold the
initial determination within 7 days after the hearing.
The public housing agency shall hold the dwelling unit
open or shall reserve the assistance under the
federally assisted housing program, as the case may be
during the entire time of the appeals process.
``(3) Non-discrimination.--When conducting an
individualized review under this section, a public housing
agency or owner of federally assisted housing shall comply with
applicable civil rights requirements under the Fair Housing
Act, title VI of the Civil Rights Act of 1964, section 504 of
the Rehabilitation Act of 1973, and titles II and III of the
Americans with Disabilities Act of 1990.
``(4) Review factors.--In conducting the reviews required
under paragraph (1), the public housing agency or owner which
shall consider the following factors holistically, such that no
single factor is dispositive:
``(A) Severity.--The severity of the criminal
offense or offenses committed.
``(B) Time elapsed.--The amount of time elapsed
since the criminal offense or offenses were committed.
``(C) Evidence of rehabilitation.--Evidence of
rehabilitation, including--
``(i) a person's satisfactory compliance
with all terms and conditions of parole or
probation, provided that the person's failure
to pay fines, fees, and restitution shall not
be considered noncompliance with terms and
conditions of parole or probation;
``(ii) educational attainment or vocational
or professional training, or employment since
conviction, including training received or
employment while incarcerated;
``(iii) completion of or active
participation in rehabilitative treatment,
including alcohol or drug treatment;
``(iv) letters of recommendation from
community organizations, counselors, case
managers, teachers, community leaders, parole
officers, and probation officers who have
observed the person;
``(v) a person's familial relationship with
a person who may be currently residing in the
dwelling unit in federally assisted housing
that the applicant is applying for residence
in; or
``(vi) the age of the person at the time of
the conviction.
``(D) Reduction in sentence.--Whether the applicant
received a reduced sentence for the criminal offense or
offenses committed.
``(E) Nature of offense.--The nature of the
criminal offense, which shall include the following:
``(i) Offenses related to an individual's
disability status.--Whether the criminal
offense or offenses--
``(I) were committed by a member of
the household who is an individual with
disabilities who is entitled to a
reasonable accommodation under the Fair
Housing Act or section 504 of the
Rehabilitation Act of 1974; and
``(II) are related to or resulted
from a symptom of a disability of the
member of the household who committed
the criminal offense or offenses.
``(ii) Proximity to assisted housing.--
Whether the criminal offense or offenses
occurred on or near the federally assisted
housing to which the applicant's application
relates (if applicable).
``(iii) Offenses related to an individual's
status as a victim of domestic violence.--
Whether the criminal 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 (34 U.S.C.
12291).
``(F) Other mitigating information.--Any other
mitigating information provided by the applicant, or
provided on the applicant's behalf, including any
information regarding the rehabilitation or good
conduct of the member of the household who committed
the criminal offense or offenses.
``(5) Guidance.--The Secretary shall issue guidance for
public housing agencies and owners to implement the requirement
to conduct individualized reviews in accordance with this
section.
``(c) Notices.--The Secretary shall require each public housing
agency and owner of federally assisted housing to provide--
``(1) to each new applicant and each applicant upon
selection from the wait list for admission to federally
assisted housing or to a federally assisted housing program, at
the time of application and selection from the wait list,
written notice of the policy of such agency or owner pursuant
to this subtitle or any other provision of law regarding denial
of admission for criminal conduct, which shall include--
``(A) notice of the authority under subsection (a)
to deny admission based on covered criminal conduct and
notice of the specific reasonable time period to which
such authority applies;
``(B) notice of the requirement under subsection
(b) to consider the totality of the circumstances and
the right under subsection (b)(4) to present mitigating
evidence; and
``(C) when applicable, a criminal conviction report
that the public housing agency plans to provide to the
review panel to be used in its individualized review of
the applicant or a member of the applicant's household,
and notice of a tenant's rights to appear at the review
panel and correct inaccuracies in his or her criminal
conviction report; and
``(2) to an applicant, upon denial of an application for
admission to federally assisted housing or to a federally
assisted housing program--
``(A) written notice of--
``(i) the reason for such denial, including
the specific criminal conduct on which the
denial is based; and
``(ii) the actions that the applicant may
take to appeal such denial; and
``(B) a copy of any documents that the public
housing agency or owner used to support its
determination of criminal conduct.
``(d) Opportunity To Remove Culpable Household Member.--
``(1) In general.--In the case of any covered criminal
conduct described in subsection (a) warranting denial of
admission to federally assisted housing, the public housing
agency or owner shall, before denying admission to the entire
applicant household, provide the applicant household with the
option of removing from the household the member or members who
would be cause for such denial in order for the remainder of
the household to be eligible for admission, and may only deny
such admission if the applicant household refuses to exercise
such option.
``(2) Notice.--A public housing agency or owner shall
provide the applicant household with written notice of the
option required under paragraph (1) within a reasonable time
before notice of an adverse action relating to covered criminal
conduct described in subsection (a).
``(e) Prohibition on Drug and Alcohol Testing.--Notwithstanding any
other provision of law, a public housing agency or owner of federally
assisted housing may not require drug or alcohol testing of any
applicant for admission to federally assisted housing or a federally
assisted housing program as a condition of such housing assistance.
``(f) Compliance With Limited English Proficiency Requirements.--
Any notice required under this section to be provided to an applicant
or applicant household shall be provided in multiple languages,
consistent with guidance issued by the Secretary in accordance with
Executive Order 13166 (42 U.S.C. 2000d-1 note; relating to access to
services for persons with limited English proficiency).''.
(c) 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 Development, 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 required under paragraph (5) of
section 576(b) of the Quality Housing and Work Responsibility
Act of 1998, as such subsection is amended by subsection (b) 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 assisted housing in meeting the
requirements of subsection (c) of section 576 of the Quality
Housing and Work Responsibility Act of 1998, as added by the
amendment made by subsection (b) of this section.
SEC. 4. REQUIREMENTS FOR TERMINATION OF TENANCY AND ASSISTANCE FOR
COVERED CRIMINAL CONDUCT BY TENANTS OF FEDERALLY ASSISTED
HOUSING.
(a) Definition of Covered Criminal Conduct.--Paragraph (2) of
section 579 of the Quality Housing and Work Responsibility Act of 1998
(42 U.S.C. 13664), as added by the preceding provisions of this Act, is
further amended by adding at the end the following new subparagraph:
``(B) Termination of tenancy or assistance.--
``(i) In general.--The term `covered
criminal conduct' means, with respect to
termination of tenancy or assistance, criminal
conduct committed by the tenant or any member
of the tenant's household while receiving
Federal housing assistance, that threatens the
health or safety of other tenants, the
employees, or the owner or public housing
agency. Such term includes criminal conduct
described in section 16(f)(1) of the United
States Housing Act of 1937 (42 U.S.C.
1437n(f)(1)).
``(ii) Exclusions.--Such term does not
include, with respect to termination of tenancy
or assistance--
``(I) a misdemeanor;
``(II) an arrest for an offense for
which the applicant was not
subsequently adjudicated or convicted;
``(III) any juvenile adjudication
or conviction, including convictions
where a juvenile was tried as an adult;
``(IV) a conviction that has been
expunged, sealed, or subject to similar
judicial relief under State law;
``(V) criminal citations or
infractions regardless of
classification;
``(VI) non-criminal citations;
``(VII) a disposition received
through successful completion of
diversion, deferred adjudication,
deferred entry of judgment, drug court,
or similar judicial program under State
law;
``(VIII) a conviction for which the
individual was sentenced only to
probation;
``(IX) an offense or offenses
related to fees or back payments
associated with incarceration;
``(X) child support payments or
back pay associated with barriers,
including incarceration, homelessness,
unemployment, or disability; or
``(XI) disciplinary infractions
committed by elementary or secondary
school students, or school related
issues that are not criminal in nature,
but may have led to justice
involvement.''.
(b) Requirements for Termination.--Section 577 of the Quality
Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662) is
amended to read as follows:
``SEC. 577. REQUIREMENTS FOR TERMINATION OF TENANCY AND ASSISTANCE FOR
COVERED CRIMINAL CONDUCT BY TENANTS OF FEDERALLY ASSISTED
HOUSING.
``(a) Authority To Terminate for Criminal Conduct.--A public
housing agency or owner of federally assisted housing may not terminate
the tenancy of any tenant of federally assisted housing, or assistance
for a household under any federally assisted housing program, based on
any criminal conduct unless the agency or owner, as applicable,
determines in accordance with this section that such conduct is covered
criminal conduct (as such term is defined in section 579b).
``(b) Individualized Review of the Totality of the Circumstances.--
``(1) Requirement.--In determining whether to terminate
tenancy or assistance to any household based on covered
criminal conduct by a household member or any guest or other
person under the control of a household member, a public
housing agency or an owner of federally assisted housing shall
conduct an individualized review of the totality of the
circumstances regarding the criminal conduct at issue, taking
into consideration the household's need for housing and the
health and safety of the community.
``(2) Mitigating factors.--In conducting reviews required
under paragraph (1), a public housing agency or owner shall
consider all factors presented, including all of the factors
specified in section 576(b)(4), as appropriate, except that,
for purposes of this paragraph--
``(A) subparagraph (C)(v) of such section shall be
applied by substituting `a member of the household' for
`the applicant'; and
``(B) subparagraph (E)(ii) of such section shall be
applied by substituting `in which the household
resides' for `to which the applicant's application
relates (if applicable)'.
``(3) Nondiscrimination.--When conducting an individualized
review under this section, a public housing agency or owner of
federally assisted housing shall comply with applicable civil
rights requirements under the Fair Housing Act, title VI of the
Civil Rights Act of 1964, section 504 of the Rehabilitation Act
of 1973, and titles II and III of the Americans with
Disabilities Act of 1990.
``(4) Investigations and evidence presented by public
housing agency or owner of federally assisted housing.--
``(A) Forced entry.--If conducting an investigation
into alleged criminal conduct committed by a tenant or
member of the tenant's household, the public housing
agency or owner of federally assisted housing may not
enter the rental property unless entry is authorized by
the tenant or a member of the tenant's household.
``(B) Evidence presented by public housing agency
or owner of federally assisted housing.--If presenting
evidence during the individualized review to
demonstrate that a household member or any guest or
other person under the control of a household member
engaged in covered criminal conduct, the public housing
agency or owner of federally assisted housing may only
present substantiated evidence.
``(5) Guidance.--The Secretary shall issue guidance for
public housing agencies and owners to implement the requirement
to conduct individualized reviews in accordance with this
subsection.
``(c) Option To Remove Culpable Household Member.--
``(1) In general.--In the case of any covered criminal
conduct 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, provide the tenant with the option of removing from
the household the member that is culpable for the conduct that
warrants the termination in order for the remainder 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 option.
``(2) Lease or voucher bifurcation.--A public housing
agency or owner or manager of federally assisted housing may
bifurcate a lease for the housing or voucher in order to evict,
remove, or terminate assistance to any individual who is a
tenant or lawful occupant of the housing and who engages in
covered criminal conduct without evicting, removing,
terminating assistance to, or otherwise penalizing other
household members who are tenants or lawful occupants of the
housing.
``(3) Effect of eviction on other tenants.--If public
housing agency or owner or manager of federally assisted
housing evicts, removes, or terminates assistance to an
individual under paragraph (2), and the individual is the sole
tenant eligible to receive assistance under a federally
assisted housing program, the public housing agency or owner or
manager of the federally assisted housing shall provide any
remaining tenant an opportunity to establish eligibility for
the federally assisted housing. If a tenant described in the
preceding sentence cannot establish eligibility, the public
housing agency or owner or manager of the housing shall provide
the tenant a reasonable time of not less than 120 days, as
determined by the Secretary, to find new housing or to
establish eligibility for housing under another Federal housing
program.
``(4) Availability of remedies.--Paragraphs (1) through (3)
shall not supersede any protections or remedies available under
the Violence Against Women Act of 1994 (42 U.S.C. 13925 et
seq.).
``(d) Prohibition on Drug and Alcohol Testing.--Notwithstanding any
other provision of law, a public housing agency or owner of federally
assisted housing may not require drug or alcohol testing of any tenant
of federally assisted housing or member of a tenant's household as a
condition of tenancy in such housing or continued receipt of such
assistance.''.
(c) Effective Date.--Section 577 of the Quality Housing and Work
Responsibility Act of 1998, as amended by subsection (b) of this
section, shall take effect and apply on the date of the enactment of
this Act.
SEC. 5. EVICTION STANDARDS, LEASE TERMS, AND OTHER LIMITATIONS FOR
PUBLIC HOUSING.
(a) Administrative Grievance Procedures.--Subsection (k) of section
6 of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is
amended by striking the matter after and below paragraph (6).
(b) Lease Terms.--Subsection (l) of section 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended--
(1) in paragraph (5), by inserting ``, subject to paragraph
(6)'' before the semicolon at the end;
(2) by striking paragraph (6) and inserting the following
new paragraph:
``(6) provide that the public housing agency may not
terminate the tenancy based on any criminal conduct unless the
agency determines, in accordance with section 577 of the
Quality Housing and Work Responsibility Act of 1998, that such
conduct is covered criminal conduct (as such term is defined in
section 579B of such Act);'';
(3) in the second paragraph designated as paragraph (7)
(relating to occupancy in violation of section 576(b) of the
Quality Housing and Work Responsibility 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 ineligibility
of illegal drug users and alcohol abusers) 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
(4) 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
(C) by striking paragraph (2).
(c) Prohibition on Obtaining Information From Drug Abuse Treatment
Facilities.--Subsection (t) of section 6 of the United States Housing
Act of 1937 (42 U.S.C. 1437d(t)) is amended--
(1) in the subsection heading, by striking ``Obtaining''
and inserting ``Prohibition on Obtaining'';
(2) by striking paragraphs (1), (2), and (3) and inserting
the following new paragraphs:
``(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
applicant is currently engaging in the illegal use of a
controlled substance or the applicant's progress in
rehabilitation, and may not request such an applicant to
provide such consent. Such an applicant may voluntarily provide
such information, provide signed written consent for the agency
to receive such information, or provide signed written consent
for such a facility to provide such information to an agency,
for purposes of an individualized review under section 576(b)
of the Quality Housing and Work Responsibility Act of 1998 (42
U.S.C. 13661(b)) and an agency provided such information shall
consider such information in conducting such a review. Nothing
in this paragraph may be construed to penalize or to authorize
any penalty for an applicant for not providing such information
or consent.
``(2) Expiration of written consent.--An applicant's signed
written consent provided pursuant to paragraph (1) shall expire
automatically after the public housing agency has made a final
decision to either approve or deny the applicant's application
for admittance to public housing.'';
(3) by striking paragraph (6); and
(4) by redesignating paragraphs (4), (5), (7), and (8) as
paragraphs (3), (4), (5), and (6), respectively.
(d) Visitation Rights.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended by adding at the end the following
new subsection:
``(u) Visitation Rights.--A public housing agency may prohibit
visitation of a public housing dwelling unit by a non-tenant on the
basis of criminal conduct by such non-tenant only if--
``(1) such conduct is covered criminal conduct, as such
term is defined in section 579B of the Quality Housing and Work
Responsibility Act of 1998;
``(2) the agency has thoroughly considered--
``(A) all mitigating factors, including the same
factors with respect to the non-tenant as are required
under subsection (b) of such section 576 to be
considered with respect to an applicant for federally
assisted housing; and
``(B) the familial relationship between the tenant
and the non-tenant as mitigating factors;
``(3) in the case of any such prohibition of visitation by
a non-tenant, the agency provides the tenant and non-tenant
involved with an opportunity, not less frequently than
annually, to request a redetermination with respect to such
prohibition at which the tenant and non-tenant may present any
new mitigating evidence;
``(4) the agency has provided the non-tenant with written
notice of the agency's decision to prohibit visitation, that--
``(A) includes statements identifying the basis for
prohibition and setting forth the non-tenant's right to
present mitigating factors to overturn the agency's
decision; and
``(B) is provided in multiple languages, consistent
with guidance issued by the Secretary in accordance
with Executive Order 13166 (42 U.S.C. 2000d-1 note;
relating to access to services for persons with limited
English proficiency); and
``(5) such prohibition ends after a period of time that
does not exceed three years.''.
(e) Privately Managed Public Housing and Housing Funded Under
Certain Demonstration Programs.--Section 6 of the United States Housing
Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions
of this section, is further amended by adding at the end the following
new subsection:
``(v) Screening and Eviction Policies for Privately Managed Public
Housing and Housing Funded Under Certain Demonstration Programs.--
Notwithstanding any other provision of law, including subtitle F of the
Quality Housing and Work Responsibility Act of 1998, in the case of any
public housing dwelling units or projects that are managed by an entity
other than the public housing agency that owns the units or project,
any units or projects subject to the Moving to Work demonstration
program authorized under section 204 of the Departments of Veterans
Affairs and Housing and Urban Development and Independent Agencies
Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321), and any
units with assistance converted under the Rental Assistance
Demonstration program authorized under title II of the Transportation,
Housing and Urban Development, and Related Agencies Appropriations Act,
2012 (division C of Public Law 112-55; 125 Stat. 673), such units and
projects shall be subject to the screening and eviction policies
established pursuant to this section and subtitle F of the Quality
Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et seq.)
by the agency that owns the units or projects.''.
SEC. 6. TERMINATION OF TENANCY AND TENANT SELECTION UNDER SECTION 8
RENTAL ASSISTANCE PROGRAM.
(a) Termination of Tenancy in Projects With Project-Based
Assistance.--Subparagraph (B) of section 8(d)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended--
(1) in clause (ii), by inserting ``, subject to clause
(iii)'' before the semicolon at the end; and
(2) by striking clause (iii) and inserting the following
new clause:
``(iii) during the term of the lease, the owner may not
terminate the tenancy based on any criminal conduct unless the
owner determines, in accordance with section 577 of the Quality
Housing and Work Responsibility Act of 1998, that such conduct
is covered criminal conduct (as such term is defined in section
579B of such Act);''.
(b) Selection of Tenants Under Voucher Program.--Subparagraph (B)
of section 8(o)(6) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(6)(B)) is amended--
(1) by striking ``(B) Selection of tenants.--Each'' and
inserting the following:
``(B) Selection of tenants.--
``(i) Function of owner.--Each'';
(2) by inserting after ``shall be the function of the
owner.'' the following: ``Any owner that screens applicants
based on the criminal background of the applicant or any member
of the applicant household, or other permissible grounds for
denial under subtitle F of title V of the Quality Housing and
Work Responsibility Act of 1998 (42 U.S.C. 13661 et seq.;
relating to safety and security in public and assisted housing)
or this section, shall provide each applicant, at the time of
application, written notice that the owner is conducting such
screening, which notice shall be provided in multiple
languages, consistent with guidance issued by the Secretary in
accordance with Executive Order 13166 (42 U.S.C. 2000d-1 note;
relating to access to services for persons with limited English
proficiency).'';
(3) by striking ``In addition'' and inserting the
following:
``(ii) Screening.--In addition'';
(4) by inserting before the period at the end the
following: ``, except that a public housing agency may not
elect to screen applicants for the program based on criminal
conduct. The preceding sentence may not be construed to limit
or affect the authority of a public housing agency under
section 576 of the Quality Housing and Work Responsibility Act
of 1998''; and
(5) by adding at the end the following new clause:
``(iii) Existing assisted families.--
Previously assisted or subsidized families
being provided with tenant protection
assistance authorized by law (including tenant
protection vouchers, enhanced vouchers under
subsection (t), or project-based vouchers under
subsection (o)(13)), families who are porting
their vouchers to a new jurisdiction, and
assisted families who are moving to redeveloped
public housing (including any units with
assistance converted under the Rental
Assistance Demonstration program authorized
under title II of the Transportation, Housing
and Urban Development, and Related Agencies
Appropriations Act, 2012 (division C of Public
Law 112-55; 125 Stat. 673)), shall not be
considered new applicants under this paragraph
and shall not be subject to elective re-
screening by a public housing agency.''.
(c) Administrative Fees.--Subparagraph (B) of section 8(q)(2) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(q)(2)(B)) is
amended by inserting before the semicolon the following: ``, except
that persons who have exited a jail or prison shall be considered, for
purposes of this subparagraph, to be experiencing difficulty in
obtaining appropriate housing under the programs as determined by the
Secretary''.
SEC. 7. SCREENING AND TERMINATION OF TENANCY IN RURAL HOUSING PROGRAMS.
(a) Regulations.--The Secretary of Agriculture shall--
(1) revise the regulations of the Secretary regarding
screening of applicants for admission to housing assisted, and
for housing assistance, under the covered rural housing
programs (as such term is defined in subsection (b)) to provide
that such regulations are substantially similar to the
regulations of the Secretary of Housing and Urban Development
relating to screening of applicants for admission to federally
assisted housing and to federally assisted housing programs,
pursuant to the United States Housing Act of 1937, subtitle F
of the Quality Housing and Work Responsibility Act of 1998, and
any other applicable laws; and
(2) revise the regulations of the Secretary regarding
termination of tenancy in housing assisted, and termination of
housing assistance, under the covered rural housing programs to
provide that such regulations are substantially similar to the
regulations of the Secretary of Housing and Urban Development
relating to termination of tenancy in federally assisted
housing, and termination of housing assistance, pursuant to the
United States Housing Act of 1937, subtitle F of the Quality
Housing and Work Responsibility Act of 1998, and any other
applicable laws.
(b) Covered Rural Housing Programs.--For purposes of this section,
the term ``covered rural housing programs'' means--
(1) the program under section 515 of the Housing Act of
1949 (42 U.S.C. 1485) for rural rental and cooperative housing;
(2) the loan and grant programs under sections 514 and 516
of such Act (42 U.S.C. 1484, 1486) for farm labor housing;
(3) the program under section 533 of such Act (42 U.S.C.
1490M) for housing preservation grants;
(4) the program under section 538 of such Act (42 U.S.C.
1490p-2) for loan guarantees for multifamily rural rental
housing;
(5) the program under section 521(a) of such Act (42 U.S.C.
1490a) for rural housing rental assistance; and
(6) the program under section 542 of such Act (42 U.S.C.
1490r) for rural housing rental voucher assistance.
(c) Timing; Consultation.--The Secretary of Agriculture shall issue
the revised regulations required under paragraph (1)--
(1) after consultation with the Secretary of Housing and
Urban Development; and
(2) not later than the expiration of the 180-day period
that begins upon the conclusion of the period specified in
section 10 of this Act.
(d) Conforming Amendment.--Paragraph (3) of section 579 of the
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13664),
as so redesignated by the amendments made by section 3 of this Act, is
further amended--
(1) in subparagraph (G), by inserting ``or'' after the
semicolon at the end;
(2) in subparagraph (H), by striking ``; or'' and inserting
a period; and
(3) by striking subparagraph (I).
SEC. 8. 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 579B; and
(2) by inserting after section 578 (42 U.S.C. 13663) the
following new section:
``SEC. 579. DATA COLLECTION.
``(a) Applications.--
``(1) In general.--The Secretary shall require each public
housing agency and owner to submit a report to the Secretary on
an annual basis that contains the following information for the
preceding 12-month reporting period:
``(A) The number of applications for admission to
federally assisted housing or a federally assisted
housing program reviewed by the public housing agency,
including its review panel, or owner.
``(B) The number of applications for admission to
federally assisted housing or a federally assisted
housing program reviewed by the public housing agency,
including its review panel, or owner for covered
criminal conduct.
``(C) The number of denials of applications for
admission to federally assisted housing or a federally
assisted housing program rendered by the public housing
agency or owner on the basis of covered criminal
conduct.
``(D) The number of such denials pursuant to which
the applicant filed a request for informal review.
``(E) The number of such denials that were
overturned following informal review.
``(F) The information required under subparagraphs
(A) through (E) disaggregated by the race of the
applicant, the ethnicity of the applicant, the sex 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).
``(2) Confidentiality.--The information collected pursuant
to paragraph (1) shall be subject to the same confidentiality
requirements of section 576(b)(2)(F) that are applicable to
information gathered in the process of screening for criminal
convictions.
``(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 following 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) The number of terminations of tenancy and
terminations of assistance rendered by the public housing
agency or owner on the basis of covered criminal activity.
``(3) For each termination of tenancy or assistance based
on covered criminal conduct, the specific type or types of
covered criminal conduct involved, including the disposition of
any criminal charges against the tenant or participant.
``(4) The information required under paragraphs (1) through
(3) disaggregated by the race of the applicant, the ethnicity
of the applicant, the sex 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 Responsibility Act of 1998 (42 U.S.C.
13663(c)) is amended by striking ``section 579(a)(2)'' and inserting
``section 579B(3)''.
SEC. 9. COMPLIANCE.
Subtitle F of the Quality Housing and Work Responsibility Act of
1998 (42 U.S.C. 13661 et seq.), as amended by the preceding provisions
of this Act, is further amended by inserting after section 579 (as
added by section 8 of this Act) the following new section:
``SEC. 579A. COMPLIANCE.
``A public housing agency or owner of federally assisted housing,
as applicable, shall be solely responsible for compliance with the
requirements of this subtitle, notwithstanding the use of any third
party for such purposes. In a case of failure of a public housing
agency or owner to comply with the requirements of this subtitle, the
Secretary may withhold funds made available for the federally assisted
housing program under which the failure to comply occurred from the
agency or owner.''.
SEC. 10. NO INTERFERENCE WITH STATE OR LOCAL REGULATORY AUTHORITY.
This Act and the amendments made by this Act may not be construed
to preempt any State or local regulations or requirements that do not
prevent the application of the provisions of this Act or such
amendments.
SEC. 11. REGULATIONS.
The Secretary of Housing and Urban Development shall issue any
regulations necessary to carry out the amendments made by sections 2
through 6 and section 8 of this Act not later than the expiration of
the 12-month period beginning on the date of the enactment of this Act.
SEC. 12. EFFECTIVE DATE.
Except as specifically provided otherwise in this Act, the
amendments made by this Act shall be made on, and shall apply beginning
upon, the effective date of the regulations issued pursuant to section
11.
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