Home > 104th Congressional Bills > H.R. 117 (rh) To amend the United States Housing Act of 1937 to prevent persons having drug or alcohol use problems from occupying dwelling units in public housing projects designated for occupancy by elderly families, and for other purposes. [Reported in...

H.R. 117 (rh) To amend the United States Housing Act of 1937 to prevent persons having drug or alcohol use problems from occupying dwelling units in public housing projects designated for occupancy by elderly families, and for other purposes. [Reported in...


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104th CONGRESS
  1st Session
                                H. R. 117


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 1995

Received; read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 AN ACT


 
   To amend the United States Housing Act of 1937 to prevent persons 
 having drug or alcohol use problems from occupying dwelling units in 
 public housing projects designated for occupancy by elderly families, 
                        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 ``Senior Citizens Housing Safety and 
Economic Relief Act of 1995''.

SEC. 2. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO PROHIBIT ADMISSION OF 
              DRUG OR ALCOHOL ABUSERS TO ASSISTED HOUSING.

    Section 16 of the United States Housing Act of 1937 (42 U.S.C. 
1437n) is amended--
            (1) in the section heading by striking ``income''; and
            (2) by adding at the end the following new subsection:
    ``(e) Authority to Limit Admission of Drug or Alcohol Abusers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a public housing agency may establish standards for 
        occupancy in public housing dwelling units and assistance under 
        section 8, that prohibit admission to such units and assistance 
        under such section by any individual--
                    ``(A) who currently illegally uses a controlled 
                substance; or
                    ``(B) whose history of illegal use of a controlled 
                substance or use of alcohol, or current use of alcohol, 
                provides reasonable cause for the agency to believe 
                that the occupancy by such individual may interfere 
                with the health, safety, or right to peaceful enjoyment 
                of the premises by other residents.
            ``(2) Consideration of Rehabilitation.--In determining 
        whether, pursuant to paragraph (1), to deny admission or 
        assistance to any elderly person based on a history of use of a 
        controlled substance or alcohol, a public housing agency may 
        consider whether such elderly person--
                    ``(A) has successfully completed a supervised drug 
                or alcohol rehabilitation program (as applicable) and 
                is no longer engaging in the illegal use of a 
                controlled substance or use of alcohol (as applicable);
                    ``(B) has otherwise been rehabilitated successfully 
                and is no longer engaging in the illegal use of a 
                controlled substance or use of alcohol (as applicable); 
                or
                    ``(C) is participating in a supervised drug or 
                alcohol rehabilitation program (as applicable) and is 
                no longer engaging in the illegal use of a controlled 
                substance or use of alcohol (as applicable).''.

SEC. 3. DESIGNATED HOUSING FOR ELDERLY AND DISABLED FAMILIES.

    (a) In General.--Section 7 of the United States Housing Act of 1937 
(42 U.S.C. 1437e) is amended to read as follows:

         ``designated housing for elderly and disabled families

    ``Sec. 7. (a) Authority To Provide Designated Housing.--
            ``(1) In general.--Subject only to provisions of this 
        section and notwithstanding any other provision of law, a 
        public housing agency for which a plan under subsection (d) is 
        in effect may provide public housing projects (or portions of 
        projects) designated for occupancy by (A) only elderly 
        families, (B) only disabled families, or (C) elderly and 
        disabled families.
            ``(2) Priority for occupancy.--In determining priority for 
        admission to public housing projects (or portions of projects) 
        that are designated for occupancy as provided in paragraph (1), 
        the public housing agency may make units in such projects (or 
        portions) available only to the types of families for whom the 
        project is designated.
            ``(3) Eligibility of near-elderly families.--If a public 
        housing agency determines that there are insufficient numbers 
        of elderly families to fill all the units in a project (or 
        portion of a project) designated under paragraph (1) for 
        occupancy by only elderly families, the agency may provide that 
        near-elderly families may occupy dwelling units in the project 
        (or portion).
            ``(4) Limitation on occupancy in projects for elderly 
        families.--
                    ``(A) In general.--Subject only to the provisions 
                of subsection (b) and notwithstanding any other 
                provision of law, a dwelling unit in a project (or 
                portion of a project) that is designated under 
                paragraph (1) for occupancy by only elderly families or 
                by only elderly and disabled families shall not be 
                occupied by any individual who is not an elderly person 
                and--
                            ``(i) who currently illegally uses a 
                        controlled substance; or
                            ``(ii) whose history of illegal use of a 
                        controlled substance or use of alcohol, or 
                        current use of alcohol, provides reasonable 
                        cause for the agency to believe that the 
                        occupancy by such individual may interfere with 
                        the health, safety, or right to peaceful 
                        enjoyment of the premises by other tenants.
                    ``(B) Consideration of rehabilitation.--In 
                determining whether, pursuant to subparagraph (A), to 
                deny occupancy to any individual based on a history of 
                use of a controlled substance or alcohol, a public 
                housing agency may consider the factors under section 
                16(e)(2).
    ``(b) Standards Regarding Evictions.--
            ``(1) Limitation.--Except as provided in paragraph (2), any 
        tenant who is lawfully residing in a dwelling unit in a public 
        housing project may not be evicted or otherwise required to 
        vacate such unit because of the designation of the project (or 
        portion of a project) pursuant to this section or because of 
        any action taken by the Secretary or any public housing agency 
        pursuant to this section.
            ``(2) Requirement to evict nonelderly tenants in housing 
        designated for elderly families who have current drug or 
        alcohol abuse problems.--The public housing agency 
        administering a project (or portion of a project) described in 
        subsection (a)(4)(A) shall evict any individual who occupies a 
        dwelling unit in such a project and who currently illegally 
        uses a controlled substance or whose current use of alcohol 
        provides a reasonable cause for the agency to believe that the 
        occupancy by such individual may interfere with the health, 
        safety, or right to peaceful enjoyment of the premises by other 
        residents. This paragraph may not be construed to require a 
        public housing agency to evict any other individual who 
        occupies the same dwelling unit as the individual required to 
        be evicted.
    ``(c) Relocation Assistance.--A public housing agency that 
designates any existing project or building, or portion thereof, for 
occupancy as provided under subsection (a) shall provide, to each 
person and family relocated in connection with such designation--
            ``(1) notice of the designation and relocation, as soon as 
        is practicable for the agency and the person or family;
            ``(2) comparable housing (including appropriate services 
        and design features), which may include tenant-based rental 
        assistance under section 8, at a rental rate that is comparable 
        to that applicable to the unit from which the person or family 
        has vacated; and
            ``(3) payment of actual, reasonable moving expenses.
    ``(d) Required Plan.--A plan under this subsection for designating 
a project (or portion of a project) for occupancy under subsection 
(a)(1) is a plan, prepared by the public housing agency for the project 
and submitted to the Secretary, that--
            ``(1) establishes that the designation of the project is 
        necessary--
                    ``(A) to achieve the housing goals for the 
                jurisdiction under the comprehensive housing 
                affordability strategy under section 105 of the 
                Cranston-Gonzalez National Affordable Housing Act; and
                    ``(B) to meet the housing needs of the low-income 
                population of the jurisdiction; and
            ``(2) includes a description of--
                    ``(A) the project (or portion of a project) to be 
                designated;
                    ``(B) the types of tenants for which the project is 
                to be designated;
                    ``(C) any supportive services to be provided to 
                tenants of the designated project (or portion);
                    ``(D) how the agency will secure any additional 
                resources or housing assistance that is necessary to 
                provide assistance to nonelderly disabled families that 
                would have been housed if occupancy in project were not 
                restricted pursuant to this section; and
                    ``(E) how the design and related facilities (as 
                such term is defined in section 202(d)(8) of the 
                Housing Act of 1959) of the project accommodate the 
                special environmental needs of the intended occupants.
For purposes of this subsection, the term `supportive services' means 
services designed to meet the special needs of residents.
    ``(e) Review of Plans.--
            ``(1) Review and notification.--The Secretary shall conduct 
        a limited review of each plan under subsection (d) that is 
        submitted to the Secretary to ensure that the plan is complete 
        and complies with the requirements of subsection (d). The 
        Secretary shall notify each public housing agency submitting a 
        plan whether the plan complies with such requirements not later 
        than 60 days after receiving the plan. If the Secretary does 
        not notify the public housing agency, as required under this 
        paragraph or paragraph (2), the plan shall be considered, for 
        purposes of this section, to comply with the requirements under 
        subsection (d) and the Secretary shall be considered to have 
        notified the agency of such compliance upon the expiration of 
        such 60-day period.
            ``(2) Notice of reasons for determination of 
        noncompliance.--If the Secretary determines that a plan, as 
        submitted, does not comply with the requirements under 
        subsection (d), the Secretary shall specify in the notice under 
        paragraph (1) the reasons for the noncompliance and any 
        modifications necessary for the plan to meet such requirements.
            ``(3) Standards for determination of noncompliance.--The 
        Secretary may determine that a plan does not comply with the 
        requirements under subsection (d) only if--
                    ``(A) the plan is incomplete in significant matters 
                required under such subsection; or
                    ``(B) there is evidence available to the Secretary 
                that challenges, in a substantial manner, any 
                information provided in the plan.
            ``(4) Treatment of existing plans.--Notwithstanding any 
        other provision of this section, a public housing agency shall 
        be considered to have submitted a plan under this subsection if 
        the agency has submitted to the Secretary an application and 
        allocation plan under this section (as in effect before the 
        date of the enactment of the Senior Citizens Housing Safety and 
        Economic Relief Act of 1995) that have not been approved or 
        disapproved before such date of enactment.
    ``(f) Effectiveness.--
            ``(1) 5-year effectiveness of plan.--A plan under 
        subsection (d) shall be in effect for purposes of this section 
        only during the 5-year period that begins upon notification 
        under subsection (e)(1) of the public housing agency that the 
        plan complies with the requirements under subsection (d). An 
        agency may extend the effectiveness of the designation and plan 
        for an additional 2-year period beginning upon the expiration 
        of such period (or the expiration of any previous extension 
        period under this sentence) by submitting to the Secretary any 
        information needed to update such plan.
            ``(2) Savings provision.--Any application and allocation 
        plan approved under this section (as in effect before the date 
        of the enactment of the Senior Citizens Housing Safety and 
        Economic Relief Act of 1995) before such date of enactment 
        shall be considered to be a plan under subsection (d) that is 
        in effect for purposes of this section for the 5-year period 
        beginning upon such approval.
    ``(g) Inapplicability of Uniform Relocation Assistance and Real 
Property Acquisitions Policy Act of 1970.--No tenant of a public 
housing project shall be considered to be displaced for purposes of the 
Uniform Relocation Assistance and Real Property Acquisitions Policy Act 
of 1970 because of the designation of any existing project or building, 
or portion thereof, for occupancy as provided under subsection (a) of 
this section.
    ``(h) Inapplicability to Indian Housing.--The provisions of this 
section shall not apply with respect to low-income housing developed or 
operated pursuant to a contract between the Secretary and an Indian 
housing authority.''.
    (b) Lease Provisions.--Section 6(l) of the United States Housing 
Act of 1937 (42 U.S.C. 1437d(l)) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) provide that any occupancy in violation of the 
        provisions of section 7(a)(4) shall be cause for termination of 
        tenancy; and''.

SEC. 4. STANDARDS FOR ASSISTED HOUSING LEASE TERMINATION AND EXPEDITED 
              GRIEVANCE PROCEDURE.

    (a) Public Housing Agency Grievance Procedure.--Section 6(k) of the 
United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended, in 
the first sentence of the matter following paragraph (6), by striking 
``criminal'' the first place it appears and all that follows through 
``such premises'' and inserting ``activity described in subsection 
(l)(5) of this section or section 8(d)(1)(B)(iii)''.
    (b) Public Housing Leases.--Section 6(l) of the United States 
Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended by striking 
paragraphs (4) and (5) and inserting the following new paragraphs:
            ``(4) require that the public housing agency may not 
        terminate the tenancy except for violation of the terms or 
        conditions of the lease, violation of applicable Federal, 
        State, or local law, or for other good cause;
            ``(5) provide that the public housing agency may terminate 
        the tenancy of a public housing resident for any activity, 
        engaged in by the resident, any member of the resident's 
        household, or any guest or other person under the resident's 
        control, that--
                    ``(A) threatens the health or safety of, or right 
                to peaceful enjoyment of the premises by, other 
                residents or employees of the public housing agency or 
                other manager of the housing;
                    ``(B) threatens the health or safety of, or right 
                to peaceful enjoyment of their premises by, persons 
                residing in the immediate vicinity of the premises; or
                    ``(C) is criminal activity (including drug-related 
                criminal activity);''.
    (c) Section 8 Housing Leases.--Section 8(d)(1)(B) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by 
striking clauses (ii) and (iii) and inserting the following new 
clauses:
            ``(ii) the owner shall not terminate the tenancy except for 

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