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42 U.S.C. § 13662 — Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing

submitted 28 years ago by Pub. L. 105-276 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 265 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires standards or lease provisions that allow federally assisted housing agencies or owners to end a household's tenancy or assistance based on illegal drug use or drug or alcohol use or abuse that interferes with other residents. They may consider the household member's rehabilitation in decisions based on a pattern of use or abuse.

(a) In general: Regardless of any other law, a public housing agency or owner of federally assisted housing, as applicable, must establish standards or lease provisions for continued assistance or occupancy that allow the agency or owner to end the tenancy or assistance of a household with a member—(1) whom the 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, the agency or owner determines interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

(b) Consideration of rehabilitation: When deciding whether to end tenancy or assistance under subsection (a)(2) based on a household member's pattern of illegal use of a controlled substance or pattern of abuse of alcohol, a public housing agency or owner may consider whether the household member—(1) successfully completed a supervised drug or alcohol rehabilitation program, as applicable, and is no longer illegally using a controlled substance or abusing alcohol, as applicable; (2) was otherwise successfully rehabilitated and is no longer illegally using a controlled substance or abusing alcohol, as applicable; or (3) is participating in a supervised drug or alcohol rehabilitation program, as applicable, and is no longer illegally using a controlled substance or abusing alcohol, as applicable.

the actual law source: uscode.house.gov ↗public domain
(a) In general

Notwithstanding 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 rehabilitation

In 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).

Source credit: (Pub. L. 105–276, title V, § 577, Oct. 21, 1998, 112 Stat. 2640.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-276 · 112 Stat. 2640

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-276 on 1998-10-21.

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