[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2076 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2076
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 SENATE OF THE UNITED STATES
July 10, 2019
Ms. Harris (for herself and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
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
2019''.
SEC. 2. DATA COLLECTION; COMPLIANCE; DEFINITIONS.
Subtitle F of the Quality Housing and Work Responsibility Act of
1998 (42 U.S.C. 13661 et seq.) is amended--
(1) in section 578(c) (42 U.S.C. 13663(c)), by striking
``section 579(a)(2)'' and inserting ``section 579B(3)'';
(2) by redesignating section 579 as section 579B;
(3) by inserting after section 578 (42 U.S.C. 13663) the
following:
``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 by the review panel of the public housing
agency, 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 by the review panel of the public housing
agency, 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 denials described in
subparagraph (C) pursuant to which the applicant filed
a request for informal review.
``(E) The number of denials described in
subparagraph (C) 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).'';
(4) by inserting after section 579, as added by paragraph
(3), the following:
``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.''; and
(5) in section 579B, as so redesignated--
(A) by striking ``(a) Definitions.--'';
(B) by striking paragraph (1) and inserting the
following:
``(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.'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(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 household of the
applicant 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 person served a
sentence of less than 10 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
person was sentenced only to probation.
``(B) Termination of tenancy or assistance.--
``(i) In general.--The term `covered
criminal conduct'--
``(I) means, with respect to
termination of tenancy or assistance,
criminal conduct committed by the
tenant or any member of the household
of the tenant while receiving Federal
housing assistance, that threatens the
health or safety of other tenants, the
employees, or the owner or public
housing agency; and
``(II) 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
person 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.'';
(E) in paragraph (3), as so redesignated--
(i) in subparagraph (G), by inserting
``or'' after the semicolon at the end;
(ii) in subparagraph (H), by striking ``;
or'' and inserting a period; and
(iii) by striking subparagraph (I); and
(F) in paragraph (4), as so redesignated, 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
described in paragraph (3)(B).''.
SEC. 3. SCREENING OF APPLICANTS FOR FEDERALLY ASSISTED HOUSING.
(a) 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 persons 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 the applicant or any
member of the household of the applicant was engaged in covered
criminal conduct, within a reasonable period of time preceding the date
on which 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) In general.--
``(i) Guidance for review panel.--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).
``(ii) Mitigating evidence.--An applicant
may present mitigating evidence for the review
panel to determine whether the applicant should
be admitted.
``(B) Membership.--Each review panel described in
this paragraph shall include not less than 1 resident
representative.
``(C) Notice.--Applicants shall be notified in
writing of their panel review not less than 14 days
before date of the review, and notice shall be provided
in accordance with subsection (c).
``(D) Conviction information.--
``(i) In general.--A public housing agency
shall produce a detailed criminal conviction
report to be used by the review panel in the
review process.
``(ii) Correction of errors.--If an
applicant identifies an error on the criminal
conviction report used by the review panel, the
applicant shall have the opportunity to defer
his or her application prior to panel review to
correct the report.
``(iii) Sharing.--A report described in
this subparagraph 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 criminal conduct of the applicant renders the
applicant unfit for housing.
``(F) Confidentiality.--
``(i) Requirement.--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 the release of the
information is otherwise required by law.
``(ii) Policy.--Public housing agencies
shall establish a formal confidentiality policy
with respect to screening for criminal
convictions.
``(G) Decision-making process.--A review panel
described in this paragraph shall--
``(i) review the circumstances of an
applicant and other available information,
including any information the applicant chooses
to bring to the attention of the review panel;
and
``(ii) not later than 7 days after the date
on which the review begins, the review panel
shall review all relevant information and
determine whether, by a preponderance of the
evidence, the criminal record of the applicant
renders the applicant unfit for housing.
``(H) Appeals.--
``(i) In general.--Each applicant shall
have a right to appeal a decision by a review
panel under this paragraph to deny admission to
housing, in accordance with any applicable
regulations.
``(ii) Appeal.--An applicant shall have 14
days to appeal the determination made under
subparagraph (G)(ii) and a request for such an
appeal shall be made in writing.
``(iii) Hearing.--Pursuant to a request
made under clause (ii), the public housing
agency shall hold an informal hearing and
decide whether to uphold the initial
determination within 7 days after the hearing.
``(iv) Reservation of assistance.--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 under this subparagraph.
``(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
(42 U.S.C. 3601 et seq.), title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), and titles II and
III of the Americans with Disabilities Act of 1990 (42 U.S.C.
12131 et seq., 12181 et seq.).
``(4) Review factors.--In conducting the reviews required
under paragraph (1), the public housing agency or owner 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) the satisfactory compliance of a
person with all terms and conditions of parole
or probation, provided that the failure of the
person 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) the familial relationship of a person
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 (42 U.S.C. 3601 et seq.) or
section 504 of the Rehabilitation Act
of 1974 (29 U.S.C. 794); 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 application of the
applicant 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 the status of a member of
the household as a victim of domestic violence,
dating violence, sexual assault, or stalking,
as those 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 behalf of the applicant, 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 the 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--
``(i) a criminal conviction report that the
public housing agency plans to provide to the
review panel to be used in the individualized
review of the applicant or a member of the
household of the applicant; and
``(ii) notice of right of a tenant 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 the denial, including
the specific criminal conduct on which the
denial is based; and
``(ii) the actions that the applicant may
take to appeal the 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 the denial in order for the remainder of the
household to be eligible for admission, and may only deny
admission if the applicant household refuses to exercise that
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 that 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).''.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Housing and Urban Development, after
consultation with the Attorney General 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 (42 U.S.C. 13661(b)), as 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 assisted housing in meeting the
requirements of subsection (c) of section 576 of the Quality
Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661),
as added 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) 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 the conduct is covered
criminal conduct, as 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 need of the household 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 application of the applicant
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 (42 U.S.C. 3601
et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), and titles II and III of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181 et
seq.).
``(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 household of the tenant, 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 household of the tenant.
``(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--
``(A) 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
``(B) may only proceed with eviction proceedings if
the tenant refuses to exercise the option described in
subparagraph (A).
``(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.--
``(A) In general.--If a 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.
``(B) Extension.--If a tenant described in
subparagraph (A) 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), (2), and
(3) shall not supersede any protections or remedies available
under the Violence Against Women Act of 1994 (34 U.S.C. 12291
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 the household of the tenant
as a condition of tenancy in that housing or continued receipt of that
assistance.''.
(b) Effective Date.--Section 577 of the Quality Housing and Work
Responsibility Act of 1998, as amended by subsection (a) of this
section, shall take effect and apply on the date of enactment of this
Act.
SEC. 5. EVICTION STANDARDS, LEASE TERMS, AND OTHER LIMITATIONS FOR
PUBLIC HOUSING.
Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended--
(1) in subsection (k), by striking the matter following
paragraph (6);
(2) in subsection (l)--
(A) in paragraph (5), by inserting ``, subject to
paragraph (6)'' before the semicolon at the end;
(B) by striking paragraph (6) and inserting the
following:
``(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 (42 U.S.C.
13662), that the conduct is covered criminal conduct (as
defined in section 579B of such Act);'';
(C) 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))--
(i) 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'';
(ii) by striking ``(relating to termination
of tenancy and assistance for illegal drug
users and alcohol abusers)''; and
(iii) by redesignating such paragraph as
paragraph (8); and
(D) in paragraph (9)--
(i) in subparagraph (A), by striking ``;
or'' at the end and inserting a period;
(ii) 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
(iii) by striking paragraph (2);
(3) in subsection (t)--
(A) in the subsection heading, by striking
``Obtaining'' and inserting ``Prohibition on
Obtaining'';
(B) by striking paragraphs (1), (2), and (3) and
inserting the following:
``(1) Prohibition.--
``(A) In general.--A public housing agency--
``(i) 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--
``(I) whether the applicant is
currently engaging in the illegal use
of a controlled substance; or
``(II) the progress of the
applicant in rehabilitation; and
``(ii) and may not request an applicant to
provide the consent described in clause (i).
``(B) Written consent.--An applicant may
voluntarily provide the information described in
subparagraph (A), provide signed written consent for
the agency to receive that information, or provide
signed written consent for a drug abuse treatment
facility to provide that information to an a public
housing 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 with that information shall
consider the information in conducting the
individualized review.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to penalize or to authorize
any penalty for an applicant for not providing the
information or consent described in this paragraph.
``(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 application of the
applicant for admittance to public housing.'';
(C) by striking paragraph (6); and
(D) by redesignating paragraphs (4), (5), (7), and
(8) as paragraphs (3), (4), (5), and (6), respectively;
and
(4) by adding at the end the following:
``(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 the non-tenant only if--
``(1) the conduct is covered criminal conduct, as 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 section 576(b) of such Act (42 U.S.C.
13661(b)) 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 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 the
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 decision of the agency to prohibit visitation,
that--
``(A) includes statements identifying the basis for
prohibition and setting forth the right of the non-
tenant to present mitigating factors to overturn the
decision of the agency; 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) the prohibition ends after a period of time that does
not exceed 3 years.
``(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 (42 U.S.C. 13661 et
seq.), 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. 1321-281), 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), those 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.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended--
(1) in subsection (d)(1)(B)--
(A) in clause (ii), by inserting ``, subject to
clause (iii)'' before the semicolon at the end; and
(B) by striking clause (iii) and inserting the
following:
``(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 (42 U.S.C. 13662),
that the conduct is covered criminal conduct (as defined in
section 579B of such Act);'';
(2) in subsection (o)(6)(B)--
(A) by striking ``(B) Selection of tenants.--Each''
and inserting the following:
``(B) Selection of tenants.--
``(i) Function of owner.--Each'';
(B) in clause (i), as so designated--
(i) by striking ``dwelling unit)'' and
inserting ``dwelling unit''; and
(ii) 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.) or this section, shall provide each
applicant, at the time of application, written
notice that the owner is conducting the
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).'';
(C) by striking ``In addition'' and inserting the
following:
``(ii) Screening.--In addition'';
(D) in clause (ii), as so designated, 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 (42 U.S.C. 13661)''; and
(E) by adding at the end the following:
``(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.''; and
(3) in subsection (q)(2)(B), 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) Covered Rural Housing Programs.--In 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.
(b) Regulations.--The Secretary of Agriculture shall--
(1) revise the regulations of the Secretary of Agriculture
regarding screening of applicants for admission to housing
assisted, and for housing assistance, under the covered rural
housing programs to provide that those 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 (42 U.S.C. 1437 et seq.), subtitle F
of the Quality Housing and Work Responsibility Act of 1998 (42
U.S.C. 13661 et seq.), and any other applicable laws; and
(2) revise the regulations of the Secretary of Agriculture
regarding termination of tenancy in housing assisted, and
termination of housing assistance, under the covered rural
housing programs to provide that those 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 (42 U.S.C. 1437 et seq.), subtitle F of the Quality
Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et
seq.), and any other applicable laws.
(c) Timing; Consultation.--The Secretary of Agriculture shall issue
the revised regulations required under subsection (b)--
(1) after consultation with the Secretary of Housing and
Urban Development; and
(2) not later than 180 days after the date described in
section 10.
SEC. 8. 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. 9. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Housing and Urban Development shall issue any regulations
necessary to carry out the amendments made by sections 2 through 6 of
this Act (other than the amendment made by section 2(4)).
SEC. 10. 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
9.
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