2022 US Code
Title 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

Download PDF
Citation 42 U.S.C. § 13662 (2022)
Section Name §13662. Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing
Section Text (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.)


Editorial Notes EDITORIAL NOTES 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.


STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE

Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.

Publication Title United States Code, 2018 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 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
Contains section 13662
Date 2022
Laws In Effect As Of Date January 5, 2023
Positive Law No
Disposition standard
Statutes at Large References 112 Stat. 2640
Public Law References Public Law 102-550, Public Law 105-276
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.