[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR882.518]



[Page 88-90]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 882_SECTION 8 MODERATE REHABILITATION PROGRAMS--Table of Contents

 

    Subpart E_Special Procedures for Moderate Rehabilitation_Program 

                        Development and Operation

 

Sec.  882.518  Denial of admission and termination of assistance for 

criminals and alcohol abusers.



    (a) Requirement to deny admission.--(1) Prohibiting admission of 

drug criminals. (i) The PHA must prohibit admission to the program of an 

applicant for three years from the date of termination of tenancy if any 

household member's federally assisted housing tenancy has been 

terminated for drug-related criminal activity. However, the



[[Page 89]]



PHA may admit the household if the PHA determines:

    (A) The household member who engaged in drug-related criminal 

activity and whose tenancy was terminated has successfully completed an 

approved supervised drug rehabilitation program, or

    (B) The circumstances leading to the termination of tenancy no 

longer exist (for example, the criminal household member has died or is 

imprisoned).

    (ii) The PHA must establish standards that permanently prohibit 

admission to the program if any household member has ever been convicted 

of drug-related criminal activity for manufacture or production of 

methamphetamine on the premises of federally assisted housing.

    (iii) The PHA must establish standards that prohibit admission of a 

household to the program if the PHA determines that any household member 

is currently engaging in illegal use of a drug or that it has reasonable 

cause to believe that a household member's pattern of illegal use of a 

drug, as defined in Sec.  5.100 of this title, may threaten the health, 

safety, or right to peaceful enjoyment of the premises by other 

residents.

    (2) Prohibiting admission of sex offenders. The PHA must establish 

standards that prohibit admission to the program if any member of the 

household is subject to a lifetime registration requirement under a 

State sex offender registration program. In this screening of 

applicants, the PHA must perform criminal history background checks 

necessary to determine whether any household member is subject to a 

lifetime sex offender registration requirement in the State where the 

housing is located and in other States where household members are known 

to have resided.

    (b) Authority to deny admission.--(1) Prohibiting admission of other 

criminals. The PHA may prohibit admission of a household to the program 

under standards established by the PHA if the PHA determines that any 

household member is currently engaged in or has engaged in during a 

reasonable time before the admission decision:

    (i) Drug-related criminal activity;

    (ii) Violent criminal activity;

    (iii) Other criminal activity which may threaten the health, safety, 

or right to peaceful enjoyment of the premises by other residents;

    (iv) Other criminal activity which may threaten the health or safety 

of the owner or any employee, contractor, subcontractor or agent of the 

owner who is involved in the owner's housing operations.

    (2) Reasonable time. The PHA may establish a period before the 

admission decision during which an applicant must not have engaged in 

the activities specified in paragraph (b)(1) of this section 

``reasonable time''.

    (3) Sufficient evidence. If the PHA has denied admission to an 

applicant because a member of the household engaged in criminal activity 

in accordance with paragraph (b)(1) of this section, the PHA may 

reconsider the applicant if the PHA has sufficient evidence that the 

members of the household are not currently engaged in, and have not 

engaged in criminal activity during a reasonable period, as determined 

by the PHA, before the admission decision.

    (i) The PHA would have ``sufficient evidence'' if the household 

member submitted a certification that she or he is not currently engaged 

in and has not engaged in such criminal activity during the specified 

period and provided supporting information from such sources as a 

probation officer, a landlord, neighbors, social service agency workers 

and criminal records, which the PHA verified.

    (ii) For purposes of this section, a household member is ``currently 

engaged in'' criminal activity if the person has engaged in the behavior 

recently enough to justify a reasonable belief that the behavior is 

current.

    (4) Prohibiting admission of alcohol abusers. The PHA must establish 

standards that prohibit admission to the program if the PHA determines 

that it has reasonable cause to believe that a household member's abuse 

or pattern of abuse of alcohol may threaten the health, safety, or right 

to peaceful enjoyment of the premises by other residents.

    (c) Terminating assistance.--(1) Terminating assistance for drug 

criminals. (i) The PHA may terminate assistance for



[[Page 90]]



drug-related criminal activity engaged in on or near the premises by any 

tenant, household member, or guest, and any such activity engaged in on 

the premises by any other person under the tenant's control. In 

addition, the PHA may terminate assistance if the PHA determines that a 

household member is illegally using a drug or when the PHA determines 

that a pattern of illegal use of a drug interferes with the health, 

safety, or right to peaceful enjoyment of the premises by other 

residents.

    (ii) The PHA must immediately terminate assistance for a family 

under the program if the PHA determines that any member of the household 

has ever been convicted of drug-related criminal activity for 

manufacture or production of methamphetamine on the premises of 

federally assisted housing.

    (2) Terminating assistance for other criminals. (i) The PHA must 

establish standards that allow the PHA to terminate assistance for a 

family if the PHA determines that any household member is engaged in 

criminal activity that threatens the health, safety, or right of 

peaceful enjoyment of the premises by other residents or by persons 

residing in the immediate vicinity of the premises.

    (ii) The PHA may terminate assistance for a family if the PHA 

determines that a member of the household is:

    (A) Fleeing to avoid prosecution, or custody or confinement after 

conviction, for a crime, or attempt to commit a crime, that is a felony 

under the laws of the place from which the individual flees, or that, in 

the case of the State of New Jersey, is a high misdemeanor; or

    (B) Violating a condition of probation or parole imposed under 

Federal or State law.

    (3) Evidence of criminal activity. (i) The PHA may terminate 

assistance for criminal activity in accordance with this section if the 

PHA determines, based on a preponderance of the evidence, that a covered 

person has engaged in the criminal activity, regardless of whether the 

covered person has been arrested or convicted for such activity.

    (ii) See part 5, subpart J, of this title for provisions concerning 

access to criminal records.

    (4) Terminating assistance for alcohol abusers. The PHA must 

establish standards that allow termination of assistance for a family if 

the PHA determines that a household member's abuse or pattern of abuse 

of alcohol threatens the health, safety, or right to peaceful enjoyment 

of the premises by other residents.



[66 FR 28797, May 24, 2001]



Subparts F-G [Reserved]