42 U.S.C. § 13663

Ineligibility of dangerous sex offenders for admission to public housing

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(a) In general

Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program.

(b) Obtaining informationAs provided in regulations issued by the Secretary to carry out this section—(1) a public housing agency shall carry out criminal history background checks on applicants for federally assisted housing and make further inquiry with State and local agencies as necessary to determine whether an applicant for federally assisted housing is subject to a lifetime registration requirement under a State sex offender registration program; and(2) State and local agencies responsible for the collection or maintenance of criminal history record information or information on persons required to register as sex offenders shall comply with requests of public housing agencies for information pursuant to this section.(c) Requests by owners for PHAs to obtain information

A public housing agency may take any action under subsection (b) regarding applicants for, or tenants of, federally assisted housing other than federally assisted housing described in subparagraph (A) or (B) of section 13664(a)(2) of this title, but only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency take such action on behalf of the owner. Upon such a request by the owner, the agency shall take the action requested under subsection (b). The agency may not make any information obtained pursuant to the action under subsection (b) available to the owner but shall perform determinations for the owner regarding screening, lease enforcement, and eviction based on criteria supplied by the owner.

(d) Opportunity to dispute

Before an adverse action is taken with respect to an applicant for federally assisted housing on the basis that an individual is subject to a lifetime registration requirement under a State sex offender registration program, the public housing agency obtaining the record shall provide the tenant or applicant with a copy of the registration information and an opportunity to dispute the accuracy and relevance of that information.

(e) Fee

A public housing agency may be charged a reasonable fee for taking actions under subsection (b). In the case of a public housing agency taking actions on behalf of another owner of federally assisted housing pursuant to subsection (c), the agency may pass such fee on to the owner making the request and may charge an additional reasonable fee for making the request on behalf of the owner.

(f) Records managementEach public housing agency shall establish and implement a system of records management that ensures that any criminal record or information regarding a lifetime registration requirement under a State sex offender registration program that is obtained under this section by the public housing agency is—(1) maintained confidentially;(2) not misused or improperly disseminated; and(3) destroyed, once the purpose for which the record was requested has been accomplished.(Pub. L. 105–276, title V, § 578, Oct. 21, 1998, 112 Stat. 2641.)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 23 cases (7 in the last 5 years), 1999–2026 · leading case: Bostic v. Dist. of Columbia Hous. Auth., 162 A.3d 170 (D.C. 2017).

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Bostic v. Dist. of Columbia Hous. Auth., 162 A.3d 170 (D.C. 2017). · cites it 5× “” 42 U.S.C. § 13663 (a). A HUD regulation promulgated in 2001 requires local public-housing agencies (PHAs) such as DCHA to prohibit admission to the program of households that include a member subject to lifetime sex-offender registration.”

Long v. Dist. of Columbia Hous. Auth., 166 F. Supp. 3d 16 (D.D.C. 2016). · cites it 3× “” 42 U.S.C. § 13663 (a). Section 13663 also, among other things, instructs PHAs to conduct criminal history background checks to determine whether an applicant is subject to a lifetime registration requirement, authorizes PHAs to conduct background checks with respect to…”

Doe v. State, 111 A.3d 1077 (N.H. 2015). · cites it 2× “See 42 U.S.C. § 13663 (2012). It could be argued, then, that the petitioner’s housing disadvantages are a direct result of his placement on the registry and not simply of the crime he committed.”

Miller v. McCormick, 605 F. Supp. 2d 296 (D. Me. 2009). · cites it 5× “at 3 (citing 42 U.S.C. §§ 13663 , 13664(a)(2)). They contend that “[i]f MaineHousing or any PHA has the ability to deny entry into the program under 24 C.”

Shannon v. Comm'r of Hous., 140 A.3d 903 (Conn. 2016). · cites it 4× “s that, before § 17b-812-13 (9) of the regulations was promulgated, the governing statute, regulations, and policies afforded him a property inter- est in continued participation in the rental program that had vested with his admission to the rental program in 2009, observing…”

Doe, SORB No. 380316 v. Sex Offender Registry Bd., 473 Mass. 297 (Mass. 2015). “42 U.S.C. § 13663 (2012). Level three sex offenders also face criminal penalties for living in a nursing home.”

Doe 1 v. Williams, 167 F. Supp. 2d 45 (D.D.C. 2001). · cites it 2× “Pursuant to 42 U.S.C. § 13663 (a), “an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program.”

Zimbelman v. S. Nevada Reg'l Hous. Auth., 111 F. Supp. 3d 1148 (D. Nev. 2015). · cites it 3× “26 These courts point out that sex offender registration is listed in 42 U.S.C. § 13663 as a ground for refusing entry into the housing program, but not as a ground for termination under § 13662.”

Doe v. United States, 168 F. Supp. 3d 427 (E.D.N.Y 2016). “§§ 862a(a)-(b); 42 U.S.C. § 13663 ; 42 U.S.C. § 402 (x)(l)(A)(i).”

Williams v. Candletree Apts., 38 F. Supp. 3d 801 (N.D. Tex. 2014). · cites it 2× “For example, 42 U.S.C. § 13663 3 requires the owner of “federally assisted housing” 4 to “prohibit admission” to such housing by “any individual who is subject to a lifetime registration requirement under a State sex offender registration program.”

Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017). · cites it 2× “15(g); Perez, 97 18 We are cognizant that restrictions on housing also arise from different statutes, such as 42 U.S.C. §13663 (a), which prohibits Tier III offenders, like appellant, from residing in federally subsidized housing.”

United States v. Macias, 53 M.J. 728 (A.C.C.A. 1999). “, 42 USC § 13663 (1998) (effective 1 October 1999) which requires that an owner of federally assisted housing prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a state sex offender…”

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