H.R. 173

One Strike and You're Out! Act of 2007

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        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 173 Introduced in House (IH)]

1st Session
H. R. 173

To protect innocent elderly and disabled tenants in public housing and
housing assisted under the rental assistance program under section 8 of
the United States Housing Act of 1937 from eviction by reason of
criminal activity.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 4, 2007

Ms. Lee introduced the following bill; which was referred to the
Committee on Financial Services

_______________________________________________________________________

A BILL

To protect innocent elderly and disabled tenants in public housing and
housing assisted under the rental assistance program under section 8 of
the United States Housing Act of 1937 from eviction by reason of
criminal activity.

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 ``One Strike and You're Out! Act of
2007''.

SEC. 2. PUBLIC HOUSING TENANTS.

Paragraph (6) of section 6(l) of the United States Housing Act of
1937 (42 U.S.C. 1437d(l)(6)) is amended by inserting after the first
semicolon the following: ``except that such criminal or drug-related
criminal activity, engaged in by a member of a tenant's household or
any guest or other person under the tenant's control, shall not be
cause for termination of tenancy of the tenant if (A) the tenant is an
elderly person (as such term is defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C. 1701q)) or a person with disabilities
(as such term is defined in section 811(k) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(k)), and (B) the tenant
did not know and should not have known of the activity or the tenant or
member of household was the victim of the criminal activity; and''.

SEC. 3. TENANTS OF HOUSING ASSISTED UNDER SECTION 8 PROGRAM.

Clause (iii) of section 8(d)(1)(B) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(d)(1)(B)(iii)) is amended by striking the
comma before ``except that: (I)'' and inserting the following: ``;
except that such criminal or drug-related criminal activity, engaged in
by a member of a tenant's household or any guest or other person under
the tenant's control, shall not be cause for termination of tenancy of
the tenant if (I) the tenant is an elderly person (as such term is
defined in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q))
or a person with disabilities (as such term is defined in section
811(k) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(k)), and (II) the tenant did not know and should not have
known of the activity or the tenant or member of household was the
victim of the criminal activity; and''.

SEC. 4. REPORTING BY PHAS ON ONE-STRIKE EVICTIONS.

Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended by inserting after subsection (o) the following new
subsection:
``(p) Reports on One-Strike Evictions.--Each public housing agency
shall submit a report annually to the Secretary on the number of
persons whose tenancy in public housing of the agency was terminated,
and the number whose tenancy in housing assisted by the agency with
amounts made available under section 8 was terminated, because of
criminal activity.''.
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