2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 135 - Residency and Service Requirements in Federally Assisted Housing (Sections 13601 - 13664)
Subchapter V - Safety and Security in Public and Assisted Housing (Sections 13661 - 13664)
Sec. 13662 - Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing

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Metadata

Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 135 - RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING
SUBCHAPTER V - SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING
Sec. 13662 - Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing
Containssection 13662
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawNo
Dispositionstandard
Source CreditPub. L. 105-276, title V, §577, Oct. 21, 1998, 112 Stat. 2640.
Statutes at Large Reference112 Stat. 2640
Public and Private LawPublic Law 102-550, Public Law 105-276

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42 U.S.C. § 13662 (2014)

§13662. Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing

(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) of this section, 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).

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

CODIFICATION

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.

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