HR 69 IHCommentsClose CommentsPermalink

To reform the provisions requiring ‘one-strike’ eviction from public and federally assisted housing.CommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred to the Committee on Financial ServicesCommentsClose CommentsPermalink

To reform the provisions requiring ‘one-strike’ eviction from public and federally assisted housing.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘No One Strike Eviction Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. REFORM OF ‘ONE STRIKE’ MANDATORY EVICTION.

(a) United States Housing Act of 1937- Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F) and realigning such subparagraphs (as so redesignated) so as to be indented 4 ems from the left margin;CommentsClose CommentsPermalink





(2) by striking ‘(k) The Secretary shall’ and inserting the following:CommentsClose CommentsPermalink





‘(k) Review of Eviction and Denials of Tenancy-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (3), the Secretary shall’;CommentsClose CommentsPermalink





(3) by striking ‘For any grievance concerning’ and inserting the following:CommentsClose CommentsPermalink





‘(2) EXPEDITED PROCEDURES- Subject to paragraph (3), for any grievance concerning’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) MITIGATING CIRCUMSTANCES AND INNOCENT OWNER-CommentsClose CommentsPermalink





‘(A) MITIGATING CIRCUMSTANCES- In determining whether to evict a tenant, terminate a tenancy, or deny an application for tenancy due to a criminal conviction of the person that is the subject of a grievance, and in any judicial review of such determination, the public housing agency or other reviewing body shall consider all mitigating circumstances and the impact of the eviction, termination, or denial upon the family and dependents of that person.CommentsClose CommentsPermalink





‘(B) INNOCENT TENANTS- A tenant shall not be subject to eviction, denied a tenancy, or have a tenancy terminated based solely upon the familial relationship of the tenant to a person who has been convicted of a criminal offense.’.CommentsClose CommentsPermalink





(b) Quality Housing and Work Responsibility Act of 1998-CommentsClose CommentsPermalink





(1) INELIGIBILITY- Section 576 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended--CommentsClose CommentsPermalink





(A) in subsection (b)--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘any household with a member’ and inserting ‘any person’; andCommentsClose CommentsPermalink





(ii) in paragraph (2)--CommentsClose CommentsPermalink





(I) by striking ‘any household’ and inserting ‘any person’; andCommentsClose CommentsPermalink





(II) by striking ‘household member’ each place such term appears and inserting ‘person’;CommentsClose CommentsPermalink





(B) in subsection (c)--CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(I) by striking ‘or any member of the applicant’s household’; andCommentsClose CommentsPermalink





(II) by striking ‘applicant household’ and inserting ‘applicant’; andCommentsClose CommentsPermalink





(ii) in paragraph (2)--CommentsClose CommentsPermalink





(I) by striking ‘or individuals in the applicant’s household’; andCommentsClose CommentsPermalink





(II) by striking ‘have not’ and inserting ‘has not’;CommentsClose CommentsPermalink





(C) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(D) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(d) Review of Denial of Application-CommentsClose CommentsPermalink





‘(1) REVIEW OF DENIAL- The denial of an application under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)).CommentsClose CommentsPermalink





‘(2) INNOCENT APPLICANTS- Nothing in this section shall allow for the denial of an application based solely on the familial relationship of an applicant to a person who has a criminal conviction or is otherwise in violation of this section.’.CommentsClose CommentsPermalink





(2) TERMINATION OF TENANCY AND ASSISTANCE FOR ILLEGAL DRUG USERS AND ALCOHOL ABUSERS IN FEDERALLY ASSISTED HOUSING- Section 577 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘household with a member’ and inserting ‘person’;CommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking ‘household based’ and inserting ‘person based’;CommentsClose CommentsPermalink





(ii) by striking ‘by a household member’ and inserting ‘by that person’; andCommentsClose CommentsPermalink





(iii) by striking ‘such household member’ and inserting ‘such person’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Review of Termination of Tenancy- The decision to terminate the tenancy or assistance of any person under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)).CommentsClose CommentsPermalink





‘(d) Innocent Tenants- Nothing in this section shall allow for the termination of a tenancy or assistance to any person based solely on the familial relationship of the tenant to a person who is in violation of this section.’.CommentsClose CommentsPermalink





(c) Requirement of Intent or Knowledge of Crime Before Eviction From or Denial of Public and Publicly Assisted Housing- The United States Housing Act of 1937 is amended--CommentsClose CommentsPermalink





(1) in each of sections 6(l)(6) and 8(o)(7)(D) (42 U.S.C. 1437d(l)(6) and 1437f(o)(7)(D)), by inserting after the first semicolon the following: ‘except that such criminal or drug-related activity, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of tenancy of the tenant if the tenant did not know and should not have known of the activity, or if the tenant, member of the tenant’s household, or any guest or other person under the tenant’s control was the victim of criminal activity; and’; andCommentsClose CommentsPermalink





(2) in section 8(d)(1)(B)(iii) (42 U.S.C. 1437f(d)(1)(B)(iii)), by inserting after the first colon the following: ‘such criminal or drug-related activity, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of tenancy of the tenant if the tenant did not know and should not have known of the activity, or if the tenant, member of the tenant’s household, or any guest or other person under the tenant’s control was the victim of criminal activity; and except that’.CommentsClose CommentsPermalink