,i #aafth ,,congress #ast ,session ,h4 ,r4 #cfhe ,,in ,,the ,,house ,,of ,,representatives ,july #aj1 #bjai,ms4 ,ocasio-,cortez introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to reform the screening and eviction policies for ,federal housing assistance in order to provide fair access to housing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,chance at ,housing ,act of #bjah4 #b4 ,definitions ,section #egi of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffd7 is amended-- 7#a7 by striking 7a7 ,definitions4--2 7#b7 by striking paragraph 7#a7 and inserting the following new paragraph3 7#a7 ,conviction 7,a7 ,in general ,the term conviction means judgment of guilt or nolo contendere or any disposition arising therefrom4 7,b7 ,exclusions ,such term does not include-- 7i7 an arrest or any disposition therefrom that did not result in a conviction2 7ii7 any criminal disposition for an offense committed prior to the defendant's #ahth birthday2 7iii7 a conviction that has been expunged1 sealed1 or subject to similar judicial relief2 7iv7 a disposition received through successful completion of diversion1 deferred adjudication1 deferred entry of judgment1 drug court1 or similar judicial program under ,state law2 or 7v7 any other criminal disposition not deemed a conviction under ,state or ,federal law4 2 and 7#c7 in paragraph 7#c71 by adding after the period at the end the following3 ,for purposes of sections #egf and #egg1 such term does not include an owner of federally assisted housing specified in paragraph 7#c77;,b744 #c4 ,screening of applicants for federally assisted housing 7a7 ,definition of covered criminal conduct ,section #egi of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffd71 as amended by the preceding provisions of this ,act1 is further amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,covered criminal conduct 7,a7 ,admission to federally assisted housing 7i7 ,in general ,the term covered criminal conduct means1 with respect to admission to federally assisted housing1 criminal conduct-- 7,i7 for which the applicant or a member of the applicant's household has been convicted of a felony under ,state or ,federal criminal law2 and 7,,ii7 that threatens the health1 or safety of other tenants1 the employees1 or the owner or public housing agency4 7ii7 ,exclusions ,notwithstanding any other provision of law1 such term does not include1 with respect to admission to federally assisted housing-- 7,i7 a conviction for a drug offense for which the individual served a sentence of less than ten years2 7,,ii7 an offense or offenses related to fees or back payments associated with incarceration2 7,,iii7 any other legal financial obligation2 or 7,,iv7 a conviction for which the individual was sentenced only to probation4 4 7b7 ,screening of applicants ,section #egf of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa7 is amended to read as follows3 #egf4 ,screening of applicants for federally assisted housing 7a7 ,authority ,to deny admission for criminal conduct ,except as otherwise provided by this section and in addition to any other authority to screen applicants1 in selecting among applicants for admission to federally assisted housing or a federally assisted housing program1 including individuals seeking to join a household currently receiving ,federal housing assistance1 a public housing agency or owner of such housing 7as applicable7 may deny an applicant admission to the program or to federally assisted housing based on any criminal conduct only if the agency or owner determines1 based on an individualized review of the totality of the circumstances1 that such applicant or any member of the applicant's household was engaged in covered criminal conduct1 within a reasonable period of time preceding the date when the applicant household would otherwise be admitted to the federally assisted housing or to the program4 7b7 ,individualized review of the totality of the circumstances 7#a7 ,requirement ,before denying admission to an applicant pursuant to subsection 7a71 a public housing agency or owner of federally assisted housing shall conduct an individualized review of the totality of the circumstances regarding the criminal conduct at issue4 7#b7 ,review panel for public housing and tenant-based rental assistance applicants 7,a7 ,requirement ,the ,secretary shall issue guidance requiring each public housing agency to establish a review panel to conduct the individualized review required under paragraph 7#a7 with respect to applications for federally assisted housing specified in subparagraphs 7,a7 and 7,b7 of section #egi;,b7#c74 ,an applicant may present mitigating evidence for the review panel to determine whether the applicant should be admitted4 7,b7 ,membership ,each committee review panel shall include at least one resident representative4 7,c7 ,notice ,applicants shall be notified in writing of their panel review at least #ad days before date of the review4 ,notice shall be provided in accordance with subsection 7c7 of this section4 7,d7 ,conviction information ,a public housing agency shall produce a detailed criminal conviction report to be used by the panel in the review process4 ,if an applicant identifies an error on the criminal conviction report used by the panel1 the applicant shall have the opportunity to defer his or her application prior to panel review to correct the report4 ,the report shall be shared only with the applicant and members of the review panel4 7,e7 ,burden of proof ,a public housing agency may not deny admission to an applicant unless the agency determines1 by a preponderance of the evidence1 that the applicant's criminal conduct renders the applicant unfit for housing4 7,f7 ,confidentiality ,all information gathered in the process of screening for criminal convictions shall be kept confidential and shall not be released unless the applicant agrees in writing or such release it is otherwise required by law4 ,public housing agencies shall establish a formal confidentiality policy4 7,g7 ,decision-making process ,the panel shall review the applicant's circumstances and other available information1 including any information the applicant chooses to bring to the panel's attention4 ,within #g days1 the panel shall review all relevant information and members shall determine whether1 by a preponderance of the evidence1 the applicant's criminal record renders the applicant unfit for housing4 7,h7 ,appeals ,each applicant shall have a right to appeal a decision by the panel to deny admission1 in accordance with current regulations4 ,an applicant shall have #ad days to appeal the determination and a request for such an appeal shall be made in writing4 ,pursuant to such a request1 the public housing agency shall hold an informal hearing and decide whether to uphold the initial determination within #g days after the hearing4 ,the public housing agency shall hold the dwelling unit open or shall reserve the assistance under the federally assisted housing program1 as the case may be during the entire time of the appeals process4 7#c7 ,non-discrimination ,when conducting an individualized review under this section1 a public housing agency or owner of federally assisted housing shall comply with applicable civil rights requirements under the ,fair ,housing ,act1 title ,,vi of the ,civil ,rights ,act of #aifd1 section #ejd of the ,rehabilitation ,act of #aigc1 and titles ,,ii and ,,iii of the ,americans with ,disabilities ,act of #aiij4 7#d7 ,review factors ,in conducting the reviews required under paragraph 7#a71 the public housing agency or owner which shall consider the following factors holistically1 such that no single factor is dispositive3 7,a7 ,severity ,the severity of the criminal offense or offenses committed4 7,b7 ,time elapsed ,the amount of time elapsed since the criminal offense or offenses were committed4 7,c7 ,evidence of rehabilitation ,evidence of rehabilitation1 including-- 7i7 a person's satisfactory compliance with all terms and conditions of parole or probation1 provided that the person's failure to pay fines1 fees1 and restitution shall not be considered noncompliance with terms and conditions of parole or probation2 7ii7 educational attainment or vocational or professional training1 or employment since conviction1 including training received or employment while incarcerated2 7iii7 completion of or active participation in rehabilitative treatment1 including alcohol or drug treatment2 7iv7 letters of recommendation from community organizations1 counselors1 case managers1 teachers1 community leaders1 parole officers1 and probation officers who have observed the person2 7v7 a person's familial relationship with a person who may be currently residing in the dwelling unit in federally assisted housing that the applicant is applying for residence in2 or 7vi7 the age of the person at the time of the conviction4 7,d7 ,reduction in sentence ,whether the applicant received a reduced sentence for the criminal offense or offenses committed4 7,e7 ,nature of offense ,the nature of the criminal offense1 which shall include the following3 7i7 ,offenses related to an individual's disability status ,whether the criminal offense or offenses-- 7,i7 were committed by a member of the household who is an individual with disabilities who is entitled to a reasonable accommodation under the ,fair ,housing ,act or section #ejd of the ,rehabilitation ,act of #aigd2 and 7,,ii7 are related to or resulted from a symptom of a disability of the member of the household who committed the criminal offense or offenses4 7ii7 ,proximity to assisted housing ,whether the criminal offense or offenses occurred on or near the federally assisted housing to which the applicant's application relates 7if applicable74 7iii7 ,offenses related to an individual's status as a victim of domestic violence ,whether the criminal offense or offenses committed arose from a household member's status as a victim of domestic violence1 dating violence1 sexual assault1 or stalking1 as such terms are defined in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia74 7,f7 ,other mitigating information ,any other mitigating information provided by the applicant1 or provided on the applicant's behalf1 including any information regarding the rehabilitation or good conduct of the member of the household who committed the criminal offense or offenses4 7#e7 ,guidance ,the ,secretary shall issue guidance for public housing agencies and owners to implement the requirement to conduct individualized reviews in accordance with this section4 7c7 ,notices ,the ,secretary shall require each public housing agency and owner of federally assisted housing to provide-- 7#a7 to each new applicant and each applicant upon selection from the wait list for admission to federally assisted housing or to a federally assisted housing program1 at the time of application and selection from the wait list1 written notice of the policy of such agency or owner pursuant to this subtitle or any other provision of law regarding denial of admission for criminal conduct1 which shall include-- 7,a7 notice of the authority under subsection 7a7 to deny admission based on covered criminal conduct and notice of the specific reasonable time period to which such authority applies2 7,b7 notice of the requirement under subsection 7b7 to consider the totality of the circumstances and the right under subsection 7b77#d7 to present mitigating evidence2 and 7,c7 when applicable1 a criminal conviction report that the public housing agency plans to provide to the review panel to be used in its individualized review of the applicant or a member of the applicant's household1 and notice of a tenant's rights to appear at the review panel and correct inaccuracies in his or her criminal conviction report2 and 7#b7 to an applicant1 upon denial of an application for admission to federally assisted housing or to a federally assisted housing program-- 7,a7 written notice of-- 7i7 the reason for such denial1 including the specific criminal conduct on which the denial is based2 and 7ii7 the actions that the applicant may take to appeal such denial2 and 7,b7 a copy of any documents that the public housing agency or owner used to support its determination of criminal conduct4 7d7 ,opportunity ,to remove culpable household member 7#a7 ,in general ,in the case of any covered criminal conduct described in subsection 7a7 warranting denial of admission to federally assisted housing1 the public housing agency or owner shall1 before denying admission to the entire applicant household1 provide the applicant household with the option of removing from the household the member or members who would be cause for such denial in order for the remainder of the household to be eligible for admission1 and may only deny such admission if the applicant household refuses to exercise such option4 7#b7 ,notice ,a public housing agency or owner shall provide the applicant household with written notice of the option required under paragraph 7#a7 within a reasonable time before notice of an adverse action relating to covered criminal conduct described in subsection 7a74 7e7 ,prohibition on drug and alcohol testing ,notwithstanding any other provision of law1 a public housing agency or owner of federally assisted housing may not require drug or alcohol testing of any applicant for admission to federally assisted housing or a federally assisted housing program as a condition of such housing assistance4 7f7 ,compliance with limited ,english proficiency requirements ,any notice required under this section to be provided to an applicant or applicant household shall be provided in multiple languages1 consistent with guidance issued by the ,secretary in accordance with ,executive ,order #acaff 7#db ,u4,s4,c4 #bjjj;d-#a note2 relating to access to services for persons with limited ,english proficiency74 4 7c7 ,guidance ,not later than the expiration of the #ahj-;day period beginning on the date of the enactment of this ,act1 the ,secretary of ,housing and ,urban ,development1 after consultation with the ,attorney ,general of the ,united ,states and an opportunity for public comment on the proposed guidance1 shall issue the following guidance3 7#a7 ,individualized reviews regarding the totality of the circumstances ,guidance required under paragraph 7#e7 of section #egf7;b7 of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 as such subsection is amended by subsection 7b7 of this section1 regarding reviews required under paragraph 7#a7 of such section #egf7;b74 7#b7 ,model notice to applicants ,guidance setting forth model notification forms for use by public housing agencies and owners of federally assisted housing in meeting the requirements of subsection 7c7 of section #egf of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 as added by the amendment made by subsection 7b7 of this section4 #d4 ,requirements for termination of tenancy and assistance for covered criminal conduct by tenants of federally assisted housing 7a7 ,definition of covered criminal conduct ,paragraph 7#b7 of section #egi of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffd71 as added by the preceding provisions of this ,act1 is further amended by adding at the end the following new subparagraph3 7,b7 ,termination of tenancy or assistance 7i7 ,in general ,the term covered criminal conduct means1 with respect to termination of tenancy or assistance1 criminal conduct committed by the tenant or any member of the tenant's household while receiving ,federal housing assistance1 that threatens the health or safety of other tenants1 the employees1 or the owner or public housing agency4 ,such term includes criminal conduct described in section #af7;f77#a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgn7f77#a774 7ii7 ,exclusions ,such term does not include1 with respect to termination of tenancy or assistance-- 7,i7 a misdemeanor2 7,,ii7 an arrest for an offense for which the applicant was not subsequently adjudicated or convicted2 7,,iii7 any juvenile adjudication or conviction1 including convictions where a juvenile was tried as an adult2 7,,iv7 a conviction that has been expunged1 sealed1 or subject to similar judicial relief under ,state law2 7,v7 criminal citations or infractions regardless of classification2 7,,vi7 non-criminal citations2 7,,vii7 a disposition received through successful completion of diversion1 deferred adjudication1 deferred entry of judgment1 drug court1 or similar judicial program under ,state law2 7,,viii7 a conviction for which the individual was sentenced only to probation2 7,,ix7 an offense or offenses related to fees or back payments associated with incarceration2 7,x7 child support payments or back pay associated with barriers1 including incarceration1 homelessness1 unemployment1 or disability2 or 7,,xi7 disciplinary infractions committed by elementary or secondary school students1 or school related issues that are not criminal in nature1 but may have led to justice involvement4 4 7b7 ,requirements for termination ,section #egg of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffb7 is amended to read as follows3 #egg4 ,requirements for termination of tenancy and assistance for covered criminal conduct by tenants of federally assisted housing 7a7 ,authority ,to terminate for criminal conduct ,a public housing agency or owner of federally assisted housing may not terminate the tenancy of any tenant of federally assisted housing1 or assistance for a household under any federally assisted housing program1 based on any criminal conduct unless the agency or owner1 as applicable1 determines in accordance with this section that such conduct is covered criminal conduct 7as such term is defined in section #egi;b74 7b7 ,individualized review of the totality of the circumstances 7#a7 ,requirement ,in determining whether to terminate tenancy or assistance to any household based on covered criminal conduct by a household member or any guest or other person under the control of a household member1 a public housing agency or an owner of federally assisted housing shall conduct an individualized review of the totality of the circumstances regarding the criminal conduct at issue1 taking into consideration the household's need for housing and the health and safety of the community4 7#b7 ,mitigating factors ,in conducting reviews required under paragraph 7#a71 a public housing agency or owner shall consider all factors presented1 including all of the factors specified in section #egf7;b77#d71 as appropriate1 except that1 for purposes of this paragraph-- 7,a7 subparagraph 7,c77v7 of such section shall be applied by substituting a member of the household for the applicant2 and 7,b7 subparagraph 7,e77ii7 of such section shall be applied by substituting in which the household resides for to which the applicant's application relates 7if applicable74 7#c7 ,nondiscrimination ,when conducting an individualized review under this section1 a public housing agency or owner of federally assisted housing shall comply with applicable civil rights requirements under the ,fair ,housing ,act1 title ,,vi of the ,civil ,rights ,act of #aifd1 section #ejd of the ,rehabilitation ,act of #aigc1 and titles ,,ii and ,,iii of the ,americans with ,disabilities ,act of #aiij4 7#d7 ,investigations and evidence presented by public housing agency or owner of federally assisted housing 7,a7 ,forced entry ,if conducting an investigation into alleged criminal conduct committed by a tenant or member of the tenant's household1 the public housing agency or owner of federally assisted housing may not enter the rental property unless entry is authorized by the tenant or a member of the tenant's household4 7,b7 ,evidence presented by public housing agency or owner of federally assisted housing ,if presenting evidence during the individualized review to demonstrate that a household member or any guest or other person under the control of a household member engaged in covered criminal conduct1 the public housing agency or owner of federally assisted housing may only present substantiated evidence4 7#e7 ,guidance ,the ,secretary shall issue guidance for public housing agencies and owners to implement the requirement to conduct individualized reviews in accordance with this subsection4 7c7 ,option ,to remove culpable household member 7#a7 ,in general ,in the case of any covered criminal conduct warranting termination of tenancy or assistance1 the public housing agency or owner shall1 before proceeding with eviction or termination proceedings against the entire tenant household1 provide the tenant with the option of removing from the household the member that is culpable for the conduct that warrants the termination in order for the remainder of the household to continue to reside in the assisted unit1 and may only proceed with eviction proceedings if the tenant refuses to exercise such option4 7#b7 ,lease or voucher bifurcation ,a public housing agency or owner or manager of federally assisted housing may bifurcate a lease for the housing or voucher in order to evict1 remove1 or terminate assistance to any individual who is a tenant or lawful occupant of the housing and who engages in covered criminal conduct without evicting1 removing1 terminating assistance to1 or otherwise penalizing other household members who are tenants or lawful occupants of the housing4 7#c7 ,effect of eviction on other tenants ,if public housing agency or owner or manager of federally assisted housing evicts1 removes1 or terminates assistance to an individual under paragraph 7#b71 and the individual is the sole tenant eligible to receive assistance under a federally assisted housing program1 the public housing agency or owner or manager of the federally assisted housing shall provide any remaining tenant an opportunity to establish eligibility for the federally assisted housing4 ,if a tenant described in the preceding sentence cannot establish eligibility1 the public housing agency or owner or manager of the housing shall provide the tenant a reasonable time of not less than #abj days1 as determined by the ,secretary1 to find new housing or to establish eligibility for housing under another ,federal housing program4 7#d7 ,availability of remedies ,paragraphs 7#a7 through 7#c7 shall not supersede any protections or remedies available under the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe et seq474 7d7 ,prohibition on drug and alcohol testing ,notwithstanding any other provision of law1 a public housing agency or owner of federally assisted housing may not require drug or alcohol testing of any tenant of federally assisted housing or member of a tenant's household as a condition of tenancy in such housing or continued receipt of such assistance4 4 7c7 ,effective date ,section #egg of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 as amended by subsection 7b7 of this section1 shall take effect and apply on the date of the enactment of this ,act4 #e4 ,eviction standards1 lease terms1 and other limitations for public housing 7a7 ,administrative grievance procedures ,subsection 7k7 of section #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7k77 is amended by striking the matter after and below paragraph 7#f74 7b7 ,lease terms ,subsection 7l7 of section #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7l77 is amended-- 7#a7 in paragraph 7#e71 by inserting 1 subject to paragraph 7#f7 before the semicolon at the end2 7#b7 by striking paragraph 7#f7 and inserting the following new paragraph3 7#f7 provide that the public housing agency may not terminate the tenancy based on any criminal conduct unless the agency determines1 in accordance with section #egg of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 that such conduct is covered criminal conduct 7as such term is defined in section #egi;,b of such ,act72 2 7#c7 in the second paragraph designated as paragraph 7#g7 7relating to occupancy in violation of section #egf7;b7 of the ,quality ,housing and ,work ,responsibility ,act of #aiih2 as added by section #ege7;b77#d7 of such ,act 7,public ,law #aje-bgf2 #aab ,stat4 #bfce77-- 7,a7 by striking any occupancy in violation of section #egf7;b7 of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7relating to ineligibility of illegal drug users and alcohol abusers7 or2 7,b7 by striking 7relating to termination of tenancy and assistance for illegal drug users and alcohol abusers72 and 7,c7 by redesignating such paragraph as paragraph 7#h72 and 7#d7 in paragraph 7#i7-- 7,a7 in subparagraph 7,a71 by striking 2 or at the end and inserting a period2 7,b7 by striking if such tenant-- in the matter preceding subparagraph 7,a7 and all that follows through 7,a7 is fleeing and inserting if such tenant is fleeing2 and 7,c7 by striking paragraph 7#b74 7c7 ,prohibition on obtaining information from drug abuse treatment facilities ,subsection 7t7 of section #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7t77 is amended-- 7#a7 in the subsection heading1 by striking ,obtaining and inserting ,prohibition on obtaining2 7#b7 by striking paragraphs 7#a71 7#b71 and 7#c7 and inserting the following new paragraphs3 7#a7 ,prohibition ,a public housing agency may not require a person who applies for admission to public housing to provide consent that authorizes the agency to receive information from a drug abuse treatment facility that is related to whether the applicant is currently engaging in the illegal use of a controlled substance or the applicant's progress in rehabilitation1 and may not request such an applicant to provide such consent4 ,such an applicant may voluntarily provide such information1 provide signed written consent for the agency to receive such information1 or provide signed written consent for such a facility to provide such information to an agency1 for purposes of an individualized review under section #egf7;b7 of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa7;b77 and an agency provided such information shall consider such information in conducting such a review4 ,nothing in this paragraph may be construed to penalize or to authorize any penalty for an applicant for not providing such information or consent4 7#b7 ,expiration of written consent ,an applicant's signed written consent provided pursuant to paragraph 7#a7 shall expire automatically after the public housing agency has made a final decision to either approve or deny the applicant's application for admittance to public housing4 2 7#c7 by striking paragraph 7#f72 and 7#d7 by redesignating paragraphs 7#d71 7#e71 7#g71 and 7#h7 as paragraphs 7#c71 7#d71 7#e71 and 7#f71 respectively4 7d7 ,visitation rights ,section #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d7 is amended by adding at the end the following new subsection3 7u7 ,visitation rights ,a public housing agency may prohibit visitation of a public housing dwelling unit by a non-tenant on the basis of criminal conduct by such non-tenant only if-- 7#a7 such conduct is covered criminal conduct1 as such term is defined in section #egi;,b of the ,quality ,housing and ,work ,responsibility ,act of #aiih2 7#b7 the agency has thoroughly considered-- 7,a7 all mitigating factors1 including the same factors with respect to the non-tenant as are required under subsection 7b7 of such section #egf to be considered with respect to an applicant for federally assisted housing2 and 7,b7 the familial relationship between the tenant and the non-tenant as mitigating factors2 7#c7 in the case of any such prohibition of visitation by a non-tenant1 the agency provides the tenant and non-tenant involved with an opportunity1 not less frequently than annually1 to request a redetermination with respect to such prohibition at which the tenant and non-tenant may present any new mitigating evidence2 7#d7 the agency has provided the non-tenant with written notice of the agency's decision to prohibit visitation1 that-- 7,a7 includes statements identifying the basis for prohibition and setting forth the non-tenant's right to present mitigating factors to overturn the agency's decision2 and 7,b7 is provided in multiple languages1 consistent with guidance issued by the ,secretary in accordance with ,executive ,order #acaff 7#db ,u4,s4,c4 #bjjj;d-#a note2 relating to access to services for persons with limited ,english proficiency72 and 7#e7 such prohibition ends after a period of time that does not exceed three years4 4 7e7 ,privately managed public housing and housing funded under certain demonstration programs ,section #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;d71 as amended by the preceding provisions of this section1 is further amended by adding at the end the following new subsection3 7v7 ,screening and eviction policies for privately managed public housing and housing funded under certain demonstration programs ,notwithstanding any other provision of law1 including subtitle ,f of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 in the case of any public housing dwelling units or projects that are managed by an entity other than the public housing agency that owns the units or project1 any units or projects subject to the ,moving to ,work demonstration program authorized under section #bjd of the ,departments of ,veterans ,affairs and ,housing and ,urban ,development and ,independent ,agencies ,appropriations ,act1 #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba71 and any units with assistance converted under the ,rental ,assistance ,demonstration program authorized under title ,,ii of the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjab 7division ,c of ,public ,law #aab-ee2 #abe ,stat4 #fgc71 such units and projects shall be subject to the screening and eviction policies established pursuant to this section and subtitle ,f of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa et seq47 by the agency that owns the units or projects4 4 #f4 ,termination of tenancy and tenant selection under section #h rental assistance program 7a7 ,termination of tenancy in projects with project-,based assistance ,subparagraph 7,b7 of section #h7;d77#a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7d77#a77;,b77 is amended-- 7#a7 in clause 7ii71 by inserting 1 subject to clause 7iii7 before the semicolon at the end2 and 7#b7 by striking clause 7iii7 and inserting the following new clause3 7iii7 during the term of the lease1 the owner may not terminate the tenancy based on any criminal conduct unless the owner determines1 in accordance with section #egg of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 that such conduct is covered criminal conduct 7as such term is defined in section #egi;,b of such ,act72 4 7b7 ,selection of tenants under voucher program ,subparagraph 7,b7 of section #h7o77#f7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#f77;,b77 is amended-- 7#a7 by striking 7,b7 ,selection of tenants4--,each and inserting the following3 7,b7 ,selection of tenants 7i7 ,function of owner ,each 2 7#b7 by inserting after shall be the function of the owner4 the following3 ,any owner that screens applicants based on the criminal background of the applicant or any member of the applicant household1 or other permissible grounds for denial under subtitle ,f of title ,v of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa et seq42 relating to safety and security in public and assisted housing7 or this section1 shall provide each applicant1 at the time of application1 written notice that the owner is conducting such screening1 which notice shall be provided in multiple languages1 consistent with guidance issued by the ,secretary in accordance with ,executive ,order #acaff 7#db ,u4,s4,c4 #bjjj;d-#a note2 relating to access to services for persons with limited ,english proficiency742 7#c7 by striking ,in addition and inserting the following3 7ii7 ,screening ,in addition 2 7#d7 by inserting before the period at the end the following3 1 except that a public housing agency may not elect to screen applicants for the program based on criminal conduct4 ,the preceding sentence may not be construed to limit or affect the authority of a public housing agency under section #egf of the ,quality ,housing and ,work ,responsibility ,act of #aiih2 and 7#e7 by adding at the end the following new clause3 7iii7 ,existing assisted families ,previously assisted or subsidized families being provided with tenant protection assistance authorized by law 7including tenant protection vouchers1 enhanced vouchers under subsection 7t71 or project-based vouchers under subsection 7o77#ac771 families who are porting their vouchers to a new jurisdiction1 and assisted families who are moving to redeveloped public housing 7including any units with assistance converted under the ,rental ,assistance ,demonstration program authorized under title ,,ii of the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjab 7division ,c of ,public ,law #aab-ee2 #abe ,stat4 #fgc771 shall not be considered new applicants under this paragraph and shall not be subject to elective re-screening by a public housing agency4 4 7c7 ,administrative fees ,subparagraph 7,b7 of section #h7q77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7q77#b77;,b77 is amended by inserting before the semicolon the following3 1 except that persons who have exited a jail or prison shall be considered1 for purposes of this subparagraph1 to be experiencing difficulty in obtaining appropriate housing under the programs as determined by the ,secretary4 #g4 ,screening and termination of tenancy in rural housing programs 7a7 ,regulations ,the ,secretary of ,agriculture shall-- 7#a7 revise the regulations of the ,secretary regarding screening of applicants for admission to housing assisted1 and for housing assistance1 under the covered rural housing programs 7as such term is defined in subsection 7b77 to provide that such regulations are substantially similar to the regulations of the ,secretary of ,housing and ,urban ,development relating to screening of applicants for admission to federally assisted housing and to federally assisted housing programs1 pursuant to the ,united ,states ,housing ,act of #aicg1 subtitle ,f of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 and any other applicable laws2 and 7#b7 revise the regulations of the ,secretary regarding termination of tenancy in housing assisted1 and termination of housing assistance1 under the covered rural housing programs to provide that such regulations are substantially similar to the regulations of the ,secretary of ,housing and ,urban ,development relating to termination of tenancy in federally assisted housing1 and termination of housing assistance1 pursuant to the ,united ,states ,housing ,act of #aicg1 subtitle ,f of the ,quality ,housing and ,work ,responsibility ,act of #aiih1 and any other applicable laws4 7b7 ,covered rural housing programs ,for purposes of this section1 the term covered rural housing programs means-- 7#a7 the program under section #eae of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhe7 for rural rental and cooperative housing2 7#b7 the loan and grant programs under sections #ead and #eaf of such ,act 7#db ,u4,s4,c4 #adhd1 #adhf7 for farm labor housing2 7#c7 the program under section #ecc of such ,act 7#db ,u4,s4,c4 #adij,m7 for housing preservation grants2 7#d7 the program under section #ech of such ,act 7#db ,u4,s4,c4 #adijp-#b7 for loan guarantees for multifamily rural rental housing2 7#e7 the program under section #eba7;a7 of such ,act 7#db ,u4,s4,c4 #adij;a7 for rural housing rental assistance2 and 7#f7 the program under section #edb of such ,act 7#db ,u4,s4,c4 #adijr7 for rural housing rental voucher assistance4 7c7 ,timing2 consultation ,the ,secretary of ,agriculture shall issue the revised regulations required under paragraph 7#a7-- 7#a7 after consultation with the ,secretary of ,housing and ,urban ,development2 and 7#b7 not later than the expiration of the #ahj-;day period that begins upon the conclusion of the period specified in section #aj of this ,act4 7d7 ,conforming amendment ,paragraph 7#c7 of section #egi of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffd71 as so redesignated by the amendments made by section #c of this ,act1 is further amended-- 7#a7 in subparagraph 7,g71 by inserting or after the semicolon at the end2 7#b7 in subparagraph 7,h71 by striking 2 or and inserting a period2 and 7#c7 by striking subparagraph 7,i74 #h4 ,data collection 7a7 ,in general ,subtitle ,f of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa et seq47 is amended-- 7#a7 by redesignating section #egi1 as amended by the preceding provisions of this ,act1 as section #egi;,b2 and 7#b7 by inserting after section #egh 7#db ,u4,s4,c4 #acffc7 the following new section3 #egi4 ,data collection 7a7 ,applications 7#a7 ,in general ,the ,secretary shall require each public housing agency and owner to submit a report to the ,secretary on an annual basis that contains the following information for the preceding #ab-month reporting period3 7,a7 ,the number of applications for admission to federally assisted housing or a federally assisted housing program reviewed by the public housing agency1 including its review panel1 or owner4 7,b7 ,the number of applications for admission to federally assisted housing or a federally assisted housing program reviewed by the public housing agency1 including its review panel1 or owner for covered criminal conduct4 7,c7 ,the number of denials of applications for admission to federally assisted housing or a federally assisted housing program rendered by the public housing agency or owner on the basis of covered criminal conduct4 7,d7 ,the number of such denials pursuant to which the applicant filed a request for informal review4 7,e7 ,the number of such denials that were overturned following informal review4 7,f7 ,the information required under subparagraphs 7,a7 through 7,e7 disaggregated by the race of the applicant1 the ethnicity of the applicant1 the sex of the applicant1 and whether the applicant had a disability as defined by section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#b7 ,confidentiality ,the information collected pursuant to paragraph 7#a7 shall be subject to the same confidentiality requirements of section #egf7;b77#b77;,f7 that are applicable to information gathered in the process of screening for criminal convictions4 7b7 ,terminations ,the ,secretary shall require each public housing agency and owner to submit a report to the ,secretary on an annual basis that contains the following information for the preceding #ab-month reporting period3 7#a7 ,the number of terminations of tenancy and terminations of assistance initiated by the public housing agency or owner4 7#b7 ,the number of terminations of tenancy and terminations of assistance rendered by the public housing agency or owner on the basis of covered criminal activity4 7#c7 ,for each termination of tenancy or assistance based on covered criminal conduct1 the specific type or types of covered criminal conduct involved1 including the disposition of any criminal charges against the tenant or participant4 7#d7 ,the information required under paragraphs 7#a7 through 7#c7 disaggregated by the race of the applicant1 the ethnicity of the applicant1 the sex of the applicant1 and whether the applicant had a disability as defined by section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 4 7b7 ,conforming amendment ,subsection 7c7 of section #egh of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffc7;c77 is amended by striking section #egi7;a77#b7 and inserting section #egi;,b7#c74 #i4 ,compliance ,subtitle ,f of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa et seq471 as amended by the preceding provisions of this ,act1 is further amended by inserting after section #egi 7as added by section #h of this ,act7 the following new section3 #egi;,a4 ,compliance ,a public housing agency or owner of federally assisted housing1 as applicable1 shall be solely responsible for compliance with the requirements of this subtitle1 notwithstanding the use of any third party for such purposes4 ,in a case of failure of a public housing agency or owner to comply with the requirements of this subtitle1 the ,secretary may withhold funds made available for the federally assisted housing program under which the failure to comply occurred from the agency or owner4 4 #aj4 ,no interference with ,state or local regulatory authority ,this ,act and the amendments made by this ,act may not be construed to preempt any ,state or local regulations or requirements that do not prevent the application of the provisions of this ,act or such amendments4 #aa4 ,regulations ,the ,secretary of ,housing and ,urban ,development shall issue any regulations necessary to carry out the amendments made by sections #b through #f and section #h of this ,act not later than the expiration of the #ab-month period beginning on the date of the enactment of this ,act4 #ab4 ,effective date ,except as specifically provided otherwise in this ,act1 the amendments made by this ,act shall be made on1 and shall apply beginning upon1 the effective date of the regulations issued pursuant to section #aa4