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 lets housing agencies and owners end a tenant's lease or rental assistance if a household member illegally uses drugs or abuses alcohol in a way that hurts other residents. Agencies may consider whether the person completed or is doing rehab before deciding.

(a) In general: No matter what other laws say, a public housing agency or owner of federally assisted housing must set standards or lease rules letting it end a household's tenancy or assistance if a household member: (1) is illegally using a controlled substance, as the agency or owner determines; or (2) has a pattern of illegal drug use or alcohol abuse that the agency or owner decides interferes with the health, safety, or peaceful enjoyment of the home by other residents. (b) Consideration of rehabilitation: Before ending tenancy or assistance under (a)(2) for a pattern of drug or alcohol abuse, the agency or owner may consider whether the household member: (1) finished a supervised rehab program and has stopped the illegal use or abuse; (2) got better some other way and has stopped; or (3) is currently in a supervised rehab program and has stopped.

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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