U.S. Code » Title 42 » Chapter CHAPTER 135— RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING › Subchapter SUBCHAPTER V— SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING

42 U.S.C. § 13661

Screening of applicants for federally assisted housing

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(a) Ineligibility because of eviction for drug crimes

Any tenant evicted from federally assisted housing by reason of drug-related criminal activity (as such term is defined in section 1437a(b) of this title) shall not be eligible for federally assisted housing during the 3-year period beginning on the date of such eviction, unless the evicted tenant successfully completes a rehabilitation program approved by the public housing agency (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist).

(b) Ineligibility of illegal drug users and alcohol abusers(1) In generalNotwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to federally assisted housing for any household with a member—(A) who the public housing agency or owner determines is illegally using a controlled substance; or(B) with respect to whom the public housing agency or owner determines that it has reasonable cause to believe that such household member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or pattern of abuse) of alcohol, may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.(2) Consideration of rehabilitationIn determining whether, pursuant to paragraph (1)(B), to deny admission to the program or federally assisted housing to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member—(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 abuse of alcohol (as applicable);(B) has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse 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 abuse of alcohol (as applicable).(c) Authority to deny admission to criminal offendersExcept as provided in subsections (a) and (b) of this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to the program or to federally assisted housing, if the public housing agency or owner of such housing (as applicable) determines that an applicant or any member of the applicant’s household is or was, during a reasonable time preceding the date when the applicant household would otherwise be selected for admission, engaged in any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees, the public housing agency or owner may—(1) deny such applicant admission to the program or to federally assisted housing; and(2) after the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or to federally assisted housing, to submit to the public housing agency or owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant’s household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such reasonable period.(Pub. L. 105–276, title V, § 576, Oct. 21, 1998, 112 Stat. 2639.)Editorial NotesCodification

Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which comprise this chapter.

Section is comprised of section 576 of Pub. L. 105–276. Subsec. (d) of section 576 of Pub. L. 105–276 amended sections 1437d and 1437n of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 2000–2024 · leading case: Powell v. Hous. Auth. of Pittsburgh, 812 A.2d 1201 (Pa. 2002).
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Powell v. Hous. Auth. of Pittsburgh, 812 A.2d 1201 (Pa. 2002). · cites it 12× “Then, in 1998, Congress spoke to these matters, enacting 42 U.S.C. § 13661 and 42 U.S.C. § 13662 , provisions that cover safety and security in public and other assisted housing programs, including those administering Section 8 benefits, see 42 U.”
State v. Blake, 481 P.3d 521 (Wash. 2021). “§ 862 (ineligibility for “the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States”); 42 U.S.C. § 13661 , 24 C.F.R. § 5.855 (denial of admission to federally…”
Bridgeman v. Dist. Attorney for the Suffolk Dist., 67 N.E.3d 673 (Mass. 2017). · cites it 2× “See 42 U.S.C. § 13661 (2012); 24 C.F.R. §§ 960.”
Long v. Dist. of Columbia Hous. Auth., 166 F. Supp. 3d 16 (D.D.C. 2016). · cites it 4× “, as amended by the Quality Housing and Work Responsibility Act of 1998, 42 U.S.C. §§ 13661 et seq., the Fifth Amendment to the U.”
Aubrey Mitchell v. Ridgewood East Apts., LLC, 205 So. 3d 1069 (Miss. 2016). “*1077 42 U.S.C. § 13661 (c)(1); 24 C.F.R. 6.865(a) (l)-(4).”
United States v. Nesbeth, 188 F. Supp. 3d 179 (E.D.N.Y. 2016). “Under 42 U.S.C. § 13661 and 24C.F.R. § 5.855, Ms.”
Miller v. McCormick, 605 F. Supp. 2d 296 (D. Me. 2009). “42 U.S.C. § 13661 (b). These provisions target three populations that Congress wished to bar from federally assisted housing: lifetime registrants, illegal drug users, and alcohol abusers.”
Powell v. Hous. Auth. of the Pittsburgh, 760 A.2d 473 (Pa. Commw. Ct. 2000). “42 U.S.C. § 13661 (c) authorizes a housing authority or an owner of federally assisted housing to deny admission to criminal offenders: Except as provided in subsections (a) and (b) of this section and in addition to any other authority to screen applicants, in selecting among…”
M. Cease v. Hous. Auth. of Indiana Cnty., 247 A.3d 57 (Pa. Commw. Ct. 2021). · cites it 5× “of the Housing Authority of Indiana County (1) denying her application for housing assistance under the United States Department of Housing and Urban Development’s (HUD) Housing Choice Voucher Program, commonly referred to as Section 82 and (2) concluding that she was a new…”
Bloch v. Fudge, No. 2:23-cv-01660 (W.D. Pa. June 17, 2024). · cites it 2× “The Commonwealth Court in Cease found that the Authority had disregarded Section 13661 of the Quality Housing and Work Responsibility Act ( 42 U.S.C. § 13661 (QHWRA)), which governs admission of new applicants into Section 8 housing.”
Forte v. Hopkinsville Hous. Auth., No. 5:23-cv-00057 (W.D. Ky. Nov. 29, 2023). “] 42 US.C. § 13661(c). Plaintiff states that the pending charges against him are drug-related.”
Page v. Richmond Redevelopment & Hous. Auth., No. 3:21-cv-00462 (E.D. Va. Nov. 10, 2021). “Plaintiff first asserts in Count Two that 42 U.S.C. § 13661 (c) and 42 U.S.C. § 1437a(b)(9), provisions of the USHA, create a federal right.”
42 U.S.C. § 13661(c): 1 case
Forte v. Hopkinsville Hous. Auth., No. 5:23-cv-00057 (W.D. Ky. Nov. 29, 2023). “] 42 US.C. § 13661(c). Plaintiff states that the pending charges against him are drug-related.”
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