Page:United States Statutes at Large Volume 104 Part 5.djvu/898

 104 STAT. 4220 PUBLIC LAW 101-625—NOV. 28, 1990 signed to provide public assistance recipients with greater access to employment and educational opportunities, (ii) assisting families in accordance with subsection (u)(2); (iii) assisting families identified by local public agencies involved in providing for the welfare of children as having a lack of adequate housing that is a primary factor in the imminent placement of a child in foster care, or in preventing the discharge of a child from foster care and reunification and his or her family; (iv) assisting youth, upon discharge from foster care, in cases in which return to the family or extended family or adoption is not available; and (v) achieving other objectives of national housing policy as affirmed by Congress. Any individual or family evicted from housing assisted under the Act by reason of drugrelated criminal activity (as defined in subsection (f)(5)) shall not be eligible for a preference under any provision of this subparagraph for 3 years unless the evicted tenant successfully completes a rehabilitation program approved by the Secretary (which shall include waiver for any member of a family of an individual prohibited from tenancy under this clause who the agency determines clearly did not participate in and had no knowledge of such criminal activity or when circumstances leading to eviction no longer exist).". 42 USC I437f (c) SECTION 8 NEW CONSTRUCTION. —With respect to housing connote, structed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937, as such section existed before October 1, 1983, and projects financed under section 202 of the Housing Act of 1959, notwithstanding any tenant selection criteria under a contract between the Secretary of Housing and Urban Development and an owner of such housing pursuant to the first sentence of such section— (1) for not less than 70 percent of units that become avgiilable in the housing, the tenant selection criteria for such housing shall give preference to families which occupy substandard housing (including families that are homeless or living in a shelter for homeless families), are paying more than 50 percent of famUy income for rent, or are involuntarily displaced at the time they are seeking assistance under such section; and (2) the system of local preferences established under section 8((i)(l)(A)(ii) by the public housing agency for the jurisdiction within which the housing is located the tenant shall apply to any remaining units that become available in the housing, to the extent that such preferences are applicable with respect to any tenant eligibility limitations for the housing. SEC. 546. TENANT PROTECTIONS. Section 8(d)(l)(B) of the United States Housing Act (42 U.S.C. 1437f[dXlXB)) is amended— (1) by striking "and" at the end of clause (i); and (2) by adding at the end the following new clauses: "(iii) provide that any criminal activity that threatens the health, safety, or right to peaceful enjo)mient of the premises by other tenants or any drug-related criminal activity on or near such premises, engaged in by a public housing tenant, any member of the tenant's household, or any guest or other person

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