Text: H.R.1870 — 101st Congress (1989-1990)All Information (Except Text)

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HR 1870 IH
101st CONGRESS
1st Session
 H. R. 1870
To amend the United States Housing Act of 1937 to improve the procedures
for preventing drug-related criminal activity in certain federally assisted
housing.
IN THE HOUSE OF REPRESENTATIVES
April 13, 1989
Mr. DREIER of California (for himself, Mr. SCHULZE, Mr. PAXON, Mr. DUNCAN,
Mr. MACHTLEY, Mr. SAXTON, Mr. MCCOLLUM, Mr. BARTON of Texas, Mr. BURTON of
Indiana, Mr. GUNDERSON, Mr. HUNTER, Mr. GINGRICH, Mr. HILER, Mr. RIDGE,
Mr. PARRIS, Mr. LAGOMARSINO, Mr. EMERSON, Mrs. MARTIN of Illinois,
Mrs. MORELLA, Mr. CAMPBELL of California, Mr. BUECHNER, Mrs. ROUKEMA,
Mrs. SAIKI, and Mr. DORNAN of California) introduced the following bill;
which was referred to the Committee on Banking, Finance and Urban Affairs
A BILL
To amend the United States Housing Act of 1937 to improve the procedures
for preventing drug-related criminal activity in certain federally assisted
housing.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Drug-Free Housing Act of 1989'.
SEC. 2. PUBLIC HOUSING.
  (a) EXPEDITED EVICTIONS-
  (1) WAIVER OF ADMINISTRATIVE GRIEVANCE PROCEDURE- Section 6(k) of the
  United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended by
  adding at the end the following new sentence: `For purposes of applying
  the preceding sentence in the case of an eviction or termination of tenancy
  due to drug-related criminal activity (as defined in subsection (l)), the
  determination of the Secretary shall be within the sole discretion of the
  Secretary and shall be made within 30 days after receipt by the Secretary
  of a request for such determination submitted by a public housing agency.'.
  (2) CAUSE FOR TERMINATION OF TENANCY- Section 6(l)(5) of the United
  States Housing Act of 1937 (42 U.S.C. 1437d(l)(5)) is amended by striking
  `criminal activity, including drug-related criminal activity, on or near
  public housing premises,' and inserting the following: `criminal activity
  on or near public housing premises, or drug-related criminal activity at
  any place,'.
  (b) INELIGIBILITY FOR ADMISSION- Section 6(c) of the United States Housing
  Act of 1937 (42 U.S.C. 1437d(c)) is amended--
  (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5),
  respectively; and
  (2) by inserting after paragraph (2) the following new paragraph:
  `(3) the public housing agency shall not permit admission to the project of
  any applicant whose tenancy has been terminated pursuant to subsection (l)(5)
  of this section or subsection (d)(1)(B)(iii) or (o)(9)(A) of section 8;'.
  (c) APPLICABILITY- In accordance with section 201(b)(2) of the United States
  Housing Act of 1937 (42 U.S.C. 1437aa(b)(2)), the amendments made by this
  section shall also apply to public housing developed or operated pursuant
  to a contract between the Secretary of Housing and Urban Development and
  an Indian housing authority.
SEC. 3. SECTION 8 CERTIFICATES.
  (a) EXPEDITED EVICTIONS- Section 8(d)(1)(B) of the United States Housing
  Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended--
  (1) by striking `and' at the end of clause (i); and
  (2) by adding at the end the following new clauses:
  `(iii) the lease between the tenant and the owner shall provide that the
  tenant, any member of the tenant's household, or a guest or other person
  under the tenant's control shall not engage in drug-related criminal activity
  (as defined in section 6(l)) at any place while the tenant is a tenant in
  such unit, and such criminal activity shall be cause for termination of
  tenancy; and
  `(iv) the owner may exclude from any administrative grievance procedure
  that may be applicable pursuant to this Act any grievance concerning an
  eviction or termination of tenancy, due to drug-related criminal activity
  (as defined in section 6(l)), in any jurisdiction for which the Secretary has
  made a due process determination under the second sentence of section 6(k);'.
  (b) INELIGIBILITY FOR ASSISTANCE- Section 8(d)(1)(A) of the United States
  Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended--
  (1) by striking `and (ii)' and inserting `(ii)'; and
  (2) by inserting before the semicolon at the end the following: `; and (iii)
  the owner shall not select as a tenant for any such unit any family whose
  tenancy has been terminated pursuant to paragraph (1)(B)(iii), subsection
  (o)(9)(A), or section 6(l)(5)'.
SEC. 4. SECTION 8 VOUCHERS.
  (a) EXPEDITED EVICTIONS- Section 8(o) of the United States Housing Act of
  1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following
  new paragraph:
  `(9) The lease between any tenant assisted under this subsection and the
  owner of the dwelling unit involved shall provide that--
  `(A) the tenant, any member of the tenant's household, or a guest or other
  person under the tenant's control shall not engage in drug-related criminal
  activity (as defined in section 6(l)) at any place while the tenant is
  a tenant in such unit, and such criminal activity shall be cause for
  termination of tenancy; and
  `(B) the owner may exclude from any administrative grievance procedure
  that may be applicable pursuant to this Act any grievance concerning an
  eviction or termination of tenancy, due to drug-related criminal activity
  (as defined in section 6(l)), in any jurisdiction for which the Secretary has
  made a due process determination under the second sentence of section 6(k).'.
  (b) INELIGIBILITY FOR ASSISTANCE- Section 8(o)(3) of the United States
  Housing Act of 1937 (42 U.S.C. 1437f(o)(3)) is amended by adding at the
  end the following new sentence: `There shall not be selected for assistance
  under this subsection any family whose tenancy has been terminated pursuant
  to paragraph (9), subsection (d)(1)(B)(iii), or section 6(l)(5).'.