42 U.S.C. § 13661 — Screening of applicants for federally assisted housing

(a) Ineligibility because of eviction for drug crimes: If a tenant was evicted from federally assisted housing because of "drug-related criminal activity" — a term defined in section 1437a(b) — that tenant can't get federally assisted housing again for 3 years after the eviction. The 3-year ban doesn't apply if the tenant finishes a rehab program the public housing agency approved. The agency must waive this rule if the reasons for the eviction no longer exist. (b) Ineligibility of illegal drug users and alcohol abusers. (1) In general: No matter what other laws say, a public housing agency or an owner of federally assisted housing must set standards that block a household from getting in if a household member either: (A) is illegally using a controlled substance, as the agency or owner determines; or (B) has a pattern of illegal drug use or alcohol abuse that the agency or owner reasonably believes could hurt the health, safety, or peaceful enjoyment of the home by other residents. (2) Consideration of rehabilitation: When deciding whether to deny admission under (1)(B) because of a pattern of drug or alcohol abuse, the agency or owner may look at whether the household member: (A) finished a supervised rehab program and has stopped the illegal use or abuse; (B) got better some other way and has stopped; or (C) is currently in a supervised rehab program and has stopped. (c) Authority to deny admission to criminal offenders: Except for what subsections (a) and (b) cover, and on top of any other screening power it has, an agency or owner may check whether an applicant or household member was engaged, during a reasonable time before admission would happen, in drug-related, violent, or other criminal activity that would hurt the health, safety, or peaceful enjoyment of the home by other residents, the owner, or agency staff. If so, the agency or owner may: (1) deny that applicant admission; and (2) after a reasonable waiting period following the criminal activity, require the applicant, as a condition of admission, to give the agency or owner evidence — in a form the Secretary sets by regulation — showing that the household members who caused the denial haven't committed any crimes during that waiting period.