---
kind: "section"
citation: "42 U.S.C. § 13661"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13661"
heading: "Screening of applicants for federally assisted housing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13661"
units:
  - "Chapter 135 — Residency and Service Requirements in Federally Assisted Housing"
  - "Subchapter V — Safety and Security in Public and Assisted Housing"
---

# §13661. Screening of applicants for federally assisted housing

- (a) **Ineligibility because of eviction for drug crimes—** Any tenant evicted from [federally assisted housing](/usc/42/13664.md?p=a-2) by reason of [drug-related criminal activity](/usc/42/13664.md?p=a-1) (as such term is defined in [section 1437a(b) of this title](/usc/42/1437a.md?p=b)) shall not be eligible for [federally assisted housing](/usc/42/13664.md?p=a-2) 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](/usc/42/8262.md?p=1) (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist).
- (b) **Ineligibility of illegal drug users and alcohol abusers—**
  - (1) **In general—** Notwithstanding any other provision of law, a public housing [agency](/usc/42/8262.md?p=1) or an [owner](/usc/42/13664.md?p=a-3) of [federally assisted housing](/usc/42/13664.md?p=a-2), as determined by the [Secretary](/usc/42/242q–4.md?p=2), shall establish standards that prohibit admission to the program or admission to [federally assisted housing](/usc/42/13664.md?p=a-2) for any household with a member—
    - (A) who the public housing [agency](/usc/42/8262.md?p=1) or [owner](/usc/42/13664.md?p=a-3) determines is illegally using a [controlled substance](/usc/42/11851.md?p=2); or
    - (B) with respect to whom the public housing [agency](/usc/42/8262.md?p=1) or [owner](/usc/42/13664.md?p=a-3) determines that it has reasonable cause to believe that such household member’s illegal use (or pattern of illegal use) of a [controlled substance](/usc/42/11851.md?p=2), or abuse (or pattern of abuse) of alcohol, may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
  - (2) **Consideration of rehabilitation—** In determining whether, pursuant to [paragraph (1)(B)](#b-1-B), to deny admission to the program or [federally assisted housing](/usc/42/13664.md?p=a-2) to any household based on a pattern of illegal use of a [controlled substance](/usc/42/11851.md?p=2) or a pattern of abuse of alcohol by a household member, a public housing [agency](/usc/42/8262.md?p=1) or an [owner](/usc/42/13664.md?p=a-3) may consider whether such household member—
    - (A) has successfully completed a supervised [drug](/usc/42/11851.md?p=4) or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a [controlled substance](/usc/42/11851.md?p=2) or abuse of alcohol (as applicable);
    - (B) has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a [controlled substance](/usc/42/11851.md?p=2) or abuse of alcohol (as applicable); or
    - (C) is participating in a supervised [drug](/usc/42/11851.md?p=4) or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a [controlled substance](/usc/42/11851.md?p=2) or abuse of alcohol (as applicable).
- (c) **Authority to deny admission to criminal offenders—** Except as provided in subsections [(a)](#a) and [(b)](#b) of this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to the program or to [federally assisted housing](/usc/42/13664.md?p=a-2), if the public housing [agency](/usc/42/8262.md?p=1) or [owner](/usc/42/13664.md?p=a-3) of such housing (as applicable) determines that an applicant or any member of the applicant’s household is or was, during a reasonable time preceding the date when the applicant household would otherwise be selected for admission, engaged in any [drug](/usc/42/11851.md?p=4)-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the [owner](/usc/42/13664.md?p=a-3), or public housing [agency](/usc/42/8262.md?p=1) employees, the public housing [agency](/usc/42/8262.md?p=1) or [owner](/usc/42/13664.md?p=a-3) may—
  - (1) deny such applicant admission to the program or to [federally assisted housing](/usc/42/13664.md?p=a-2); and
  - (2) after the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or to [federally assisted housing](/usc/42/13664.md?p=a-2), to submit to the public housing [agency](/usc/42/8262.md?p=1) or [owner](/usc/42/13664.md?p=a-3) evidence sufficient (as the [Secretary](/usc/42/242q–4.md?p=2) shall by regulation provide) to ensure that the individual or individuals in the applicant’s household who engaged in criminal activity for which denial was made under [paragraph (1)](#c-1) have not engaged in any criminal activity during such reasonable period.

## Source credit

(Pub. L. 105–276, title V, § 576, Oct. 21, 1998, 112 Stat. 2639.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which comprise this chapter.

Section is comprised of section 576 of Pub. L. 105–276. Subsec. (d) of section 576 of Pub. L. 105–276 amended sections 1437d and 1437n of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement any provision of this section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.