S 2076 — Fair Chance at Housing Act of 2019

Summary

Fair Chance at Housing Act of 2019 This bill limits the authority of public housing agencies (PHAs) to deny or terminate federally assisted housing based on criminal conduct by the applicant or tenant. Specifically, PHAs may deny or terminate assistance based only on criminal conduct that threatens the health or safety of other tenants or the employees or owner of the PHA, excluding misdemeanors and certain other lesser criminal offenses. Furthermore, with respect to applicants, a denial may be based only on a felony conviction other than a conviction for a drug offense for which the individual served less than 10 years. Before denying or terminating assistance based on criminal conduct, a PHA must conduct an individualized review and consider specified factors, including evidence of rehabilitation. PHAs must also give the household an opportunity to remove the culpable member before proceeding with the denial or termination. Additionally, PHAs may not drug test applicants or tenants as a condition of assistance. Under current law, PHAs must deny, and may terminate, federally assisted housing upon a determination that any household member is illegally using a controlled substance. Current law also allows PHAs to take such actions if there is reasonable cause to believe that a household member's illegal use of a controlled substance or abuse of alcohol may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. Further, tenants evicted on the basis of drug-related criminal activity are not eligible under current law for federally assisted housing for three years, unless the tenant successfully completes a rehabilitation program.

Bill Text

• Introduced Introduced in Senate Current html July 10, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

This bill modifies the screening and eviction policies for federally assisted housing to enhance fair access by introducing specific requirements for individualized reviews and data collection.

• Section 578(c) (42 U.S.C. 13663(c))

  section 579(a)(2) → section 579B(3)

  Updates the reference to a new section for reporting compliance.

• SEC. 579. DATA COLLECTION.

  Creates a new section requiring public housing agencies to report data on applications and terminations, promoting transparency.

• SEC. 579A. COMPLIANCE.

  Establishes responsibility for compliance with new reporting requirements, allowing funds to be withheld for non-compliance.

• Section 579B

  (a) Definitions.--

  Removes the definition heading for clarity in the following definitions.

• Section 579B

  paragraph (1) → Conviction.-- (A) In general.--The term `conviction' means judgment of guilt or nolo contendere or any disposition arising therefrom.

  Clarifies the definition of 'conviction' to include judgments and excludes certain instances that don't qualify as convictions.

• Section 579B

  (2) Covered criminal conduct.-- (A) Admission to federally assisted housing.-- (i) In general.--The term `covered criminal conduct' means, with respect to admission to federally assisted housing, criminal conduct-- (I) for which the applicant or a member of the household of the applicant has been convicted of a felony under State or Federal criminal law; and (II) that threatens the health or safety of other tenants, the employees, or the owner or public housing agency.

  Defines 'covered criminal conduct' in relation to housing admission criteria to specify what constitutes eligible conduct for exclusion.

• Section 579B

  For purposes of sections 576 and 577, such term does not include an owner of federally assisted housing described in paragraph (3)(B).

  Excludes certain owners from the definitions provided in sections 576 and 577, clarifying application of the rules.

• Section 576

  In selecting among applicants for admission to federally assisted housing or a federally assisted housing program, including persons seeking to join a household currently receiving Federal housing assistance, a public housing agency or owner of such housing (as applicable) may deny an applicant admission to the program or to federally assisted housing based on any criminal conduct only if the agency or owner determines, based on an individualized review of the totality of the circumstances, that the applicant or any member of the household of the applicant was engaged in covered criminal conduct, within a reasonable period of time preceding the date on which the applicant household would otherwise be admitted to the federally assisted housing or to the program. → Authority To Deny Admission for Criminal Conduct.--Except as otherwise provided by this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to federally assisted housing or a federally assisted housing program, including persons seeking to join a household currently receiving Federal housing assistance, a public housing agency or owner of such housing (as applicable) may deny an applicant admission to the program or to federally assisted housing based on any criminal conduct only if the agency or owner determines, based on an individualized review of the totality of the circumstances, that the applicant or any member of the household of the applicant was engaged in covered criminal conduct, within a reasonable period of time preceding the date on which the applicant household would otherwise be admitted to the federally assisted housing or to the program.

  Reiterates the authority of public housing agencies to deny admission based on criminal conduct while emphasizing the requirement for an individualized review.

Action History

1. July 10, 2019

   Introduced in Senate

2. July 10, 2019

   Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Sponsors

• Kamala D. Harris · Primary

Subjects