---
kind: "section"
citation: "42 U.S.C. § 13663"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13663"
heading: "Ineligibility of dangerous sex offenders for admission to public housing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13663"
units:
  - "Chapter 135 — Residency and Service Requirements in Federally Assisted Housing"
  - "Subchapter V — Safety and Security in Public and Assisted Housing"
---

# §13663. Ineligibility of dangerous sex offenders for admission to public housing

- (a) **In general—** Notwithstanding any other provision of law, an [owner](/usc/42/13664.md?p=a-3) of [federally assisted housing](/usc/42/13664.md?p=a-2) shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a [State](/usc/42/2021b.md?p=14) sex offender registration program.
- (b) **Obtaining information—** As provided in regulations issued by the [Secretary](/usc/42/242q–4.md?p=2) to carry out this section—
  - (1) a public housing [agency](/usc/42/8262.md?p=1) shall carry out criminal history background checks on applicants for [federally assisted housing](/usc/42/13664.md?p=a-2) and make further inquiry with [State](/usc/42/2021b.md?p=14) and local [agencies](/usc/42/8262.md?p=1) as necessary to determine whether an applicant for [federally assisted housing](/usc/42/13664.md?p=a-2) is subject to a lifetime registration requirement under a [State](/usc/42/2021b.md?p=14) sex offender registration program; and
  - (2) [State](/usc/42/2021b.md?p=14) and local [agencies](/usc/42/8262.md?p=1) responsible for the collection or maintenance of criminal history record information or information on persons required to register as sex offenders shall comply with requests of public housing [agencies](/usc/42/8262.md?p=1) for information pursuant to this section.
- (c) **Requests by owners for PHAs to obtain information—** A public housing [agency](/usc/42/8262.md?p=1) may take any action under [subsection (b)](#b) regarding applicants for, or tenants of, [federally assisted housing](/usc/42/13664.md?p=a-2) other than [federally assisted housing](/usc/42/13664.md?p=a-2) described in subparagraph (A) or (B) of [section 13664(a)(2) of this title](/usc/42/13664.md?p=a-2), but only if the housing is located within the jurisdiction of the [agency](/usc/42/8262.md?p=1) and the [owner](/usc/42/13664.md?p=a-3) of such housing has requested that the [agency](/usc/42/8262.md?p=1) take such action on behalf of the [owner](/usc/42/13664.md?p=a-3). Upon such a request by the [owner](/usc/42/13664.md?p=a-3), the [agency](/usc/42/8262.md?p=1) shall take the action requested under [subsection (b)](#b). The [agency](/usc/42/8262.md?p=1) may not make any information obtained pursuant to the action under [subsection (b)](#b) available to the [owner](/usc/42/13664.md?p=a-3) but shall perform determinations for the [owner](/usc/42/13664.md?p=a-3) regarding screening, lease enforcement, and eviction based on criteria supplied by the [owner](/usc/42/13664.md?p=a-3).
- (d) **Opportunity to dispute—** Before an adverse action is taken with respect to an applicant for [federally assisted housing](/usc/42/13664.md?p=a-2) on the basis that an individual is subject to a lifetime registration requirement under a [State](/usc/42/2021b.md?p=14) sex offender registration program, the public housing [agency](/usc/42/8262.md?p=1) obtaining the record shall provide the tenant or applicant with a copy of the registration information and an opportunity to dispute the accuracy and relevance of that information.
- (e) **Fee—** A public housing [agency](/usc/42/8262.md?p=1) may be charged a reasonable fee for taking actions under [subsection (b)](#b). In the case of a public housing [agency](/usc/42/8262.md?p=1) taking actions on behalf of another [owner](/usc/42/13664.md?p=a-3) of [federally assisted housing](/usc/42/13664.md?p=a-2) pursuant to [subsection (c)](#c), the [agency](/usc/42/8262.md?p=1) may pass such fee on to the [owner](/usc/42/13664.md?p=a-3) making the request and may charge an additional reasonable fee for making the request on behalf of the [owner](/usc/42/13664.md?p=a-3).
- (f) **Records management—** Each public housing [agency](/usc/42/8262.md?p=1) shall establish and implement a system of records management that ensures that any criminal record or information regarding a lifetime registration requirement under a [State](/usc/42/2021b.md?p=14) sex offender registration program that is obtained under this section by the public housing [agency](/usc/42/8262.md?p=1) is—
  - (1) maintained confidentially;
  - (2) not misused or improperly disseminated; and
  - (3) destroyed, once the purpose for which the record was requested has been accomplished.

## Source credit

(Pub. L. 105–276, title V, § 578, Oct. 21, 1998, 112 Stat. 2641.)

## 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.