Page:United States Statutes at Large Volume 110 Part 1.djvu/861

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PUBLIC LAW 104-120—MAR. 28, 1996 110 STAT. 837 upon request, provide information to public housing agencies regarding the criminal conviction records of adult applicants for, or tenants of, public housing for purposes of applicant screening, lease enforcement, and eviction. "(B) EXCEPTION. —^A law enforcement agency described in subparagraph (A) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality. "(2) OPPORTUNlTi' TO DISPUTE. —Before an adverse action is taken with regard to assistance under this title on the basis of a criminal record, the public housing agency shall provide the tenant or applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. "(3) FEE. — ^A public housing agency may be charged a reasonable fee for information provided under paragraph (1). "(4) RECORDS MANAGEMENT. —Each public housing agency shall establish and implement a system of records management that ensures that any criminal record received by the public housing agency is— "(A) maintained confidentially; "(B) not misused or improperly disseminated; and "(C) destroyed, once the purpose for which the record was requested has been accomplished. "(5) DEFINITION.— For purposes of this subsection, the term 'adult' means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law.". (c) INELIGIBILITY BECAUSE OF EVICTION FOR DRUG-RELATED ACTIVITY.— Section 6 of the United States Housing Act of 1937 is amended by adding after subsection (q) (as added by subsection (b) of this section) the following new subsection: "(r) INELIGIBILITY BECAUSE OF EVICTION FOR DRUG-RELATED ACTIVITY. —Any tenant evicted from housing assisted under this title by reason of drug-related criminal activity (as that term is defined in section 8(f)) shall not be eligible for housing assistance under this title during the 3-year period beginning on the date of such eviction, unless the evicted tenant successfully completes a rehabilitation program approved by the public housing agency (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist).". (d) INELIGIBILITY OF ILLEGAL DRUG USERS AND ALCOHOL ABUSERS FOR ASSISTED HOUSING. —Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended— (1) in the section heading by striking "INCOME"; and (2) by adding at the end the following new subsection: " (e) INELIGIBILITY OF ILLEGAL DRUG USERS AND ALCOHOL ABUSERS.— "(1) IN GENERAL.—Notwithstanding any other provision of law, a public housing agency shall establish standards for occupancy in public housing dwelling units and assistance under section 8— "(A) that prohibit occupancy in any public housing dwelling unit by, and assistance under section 8 for, any person— Privacy. 42 USC 1437d.