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. § 13662

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

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(a) In generalNotwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing (as applicable), shall establish standards or lease provisions for continued assistance or occupancy in federally assisted housing that allow the agency or owner (as applicable) to terminate the tenancy or assistance for any household with a member—(1) who the public housing agency or owner determines is illegally using a controlled substance; or(2) whose illegal use (or pattern of illegal use) of a controlled substance, or whose abuse (or pattern of abuse) of alcohol, is determined by the public housing agency or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.(b) Consideration of rehabilitationIn determining whether, pursuant to subsection (a)(2), to terminate tenancy or assistance 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—(1) 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);(2) 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(3) 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).(Pub. L. 105–276, title V, § 577, Oct. 21, 1998, 112 Stat. 2640.)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.

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 8 cases (1 in the last 5 years), 2000–2021 · 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 8× “Significantly, Appellee's basic premise, that Congress intends for the termination of Section 8 benefits by a PHA to amount to no more than "lease enforcement", is belied by 42 U.S.C. § 13662 , a statutory provision in which Congress deals only with the authority of the PHAs to…”
Long v. Dist. of Columbia Hous. Auth., 166 F. Supp. 3d 16 (D.D.C. 2016). · cites it 5× “See 42 U.S.C. § 13662 . Section 13662, titled “Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing” authorizes PHAs and owners to terminate the tenancy or assistance of a participant family on the same grounds that §…”
Rucker v. Davis, 203 F.3d 627 (9th Cir. 2000). · cites it 4× “42 U.S.C. § 13662 (a) (emphases added). Congress, in passing this statute expressly allowing the eviction of any household with a drug-using member, declared its view that it is reasonable to evict a tenant on the basis of another’s crimes.”
Bostic v. Dist. of Columbia Hous. Auth., 162 A.3d 170 (D.C. 2017). “§ 13663 ; (4) in contrast, QHWRA explicitly provides for termination from the program of certain illegal drug users and alcohol abusers, see 42 U.S.C. § 13662 (a); and (5) HUD’s prior statements and guidance supported the conclusion that PHAs may not terminate lifetime…”
Miller v. McCormick, 605 F. Supp. 2d 296 (D. Me. 2009). · cites it 2× “42 U.S.C. § 13662 (a). For whatever reason, however, there is no counterpart to § 13662(a) for lifetime sex offender registrants that requires their termination from participation once they have been admitted into the program.”
Zimbelman v. S. Nevada Reg'l Hous. Auth., 111 F. Supp. 3d 1148 (D. Nev. 2015). “4 and PIH Notice 2012-28, so Zimbelman’s cases addressing 42 U.S.C. §§ 13662 , 13663 are irrelevant.”
M. Cease v. Hous. Auth. of Indiana Cnty. (Pa. Commw. Ct. 2021). · cites it 4× “Section 13662(a)(1) of the QHWRA, 42 U.S.C. § 13662 (a)(1), “Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing,” provides: (a) In general.”
BCJ Mgmt, L.P. v. S.D. Cotton (Pa. Commw. Ct. 2017). “HUD regulations contain the same language as that at issue here: “no member of the household [shall] engage[] in an abuse or pattern of abuse of alcohol that affects the health, safety, or right to peaceful enjoyment of the premises by other residents.”
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