---
kind: "section"
citation: "42 U.S.C. § 13662"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13662"
heading: "Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13662"
units:
  - "Chapter 135 — Residency and Service Requirements in Federally Assisted Housing"
  - "Subchapter V — Safety and Security in Public and Assisted Housing"
---

# §13662. Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing

- (a) **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 applicable), shall establish standards or lease provisions for continued assistance or occupancy in [federally assisted housing](/usc/42/13664.md?p=a-2) that allow the [agency](/usc/42/8262.md?p=1) or [owner](/usc/42/13664.md?p=a-3) (as applicable) to terminate the tenancy or assistance for any household with a member—
  - (1) 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
  - (2) whose illegal use (or pattern of illegal use) of a [controlled substance](/usc/42/11851.md?p=2), or whose abuse (or pattern of abuse) of alcohol, is determined by the public housing [agency](/usc/42/8262.md?p=1) or [owner](/usc/42/13664.md?p=a-3) to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
- (b) **Consideration of rehabilitation—** In determining whether, pursuant to [subsection (a)(2)](#a-2), to terminate tenancy or assistance 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—
  - (1) 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);
  - (2) 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
  - (3) 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).

## Source credit

(Pub. L. 105–276, title V, § 577, Oct. 21, 1998, 112 Stat. 2640.)

## 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.

### 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.
