PUBLIC LAW 102-550—OCT. 28, 1992

106 STAT. 3821

SEC. 642. COMPLIANCE WITH CRITERIA FOR OCCUPANCY AS 42 USC13602.
REQUIREMENT FOR TENANCY.

In selecting tenants for occupancy of units in federally assisted
housing, an owner of such housing shall utilize the criteria for
occupancy in federally assisted housing established by the Sec-
retary, by regulation, under section 643. If an owner determines
that an applicant for occupancy in the housing does not meet
such criteria, the owner may deny such applicant occupancy.

SEC. 643. ESTABLISHMENT OF CRITERIA FOR OCCUPANCY.

(a) TASK FORCE.—

(1) ESTABLISHMENT.—To assist the Secretary in establish-
ing reasonable criteria for occupancy in federally assisted hous-
ing, the Secretary shall establish a task force to review all
rules, policy statements, handbooks, technical assistance memo-
randa, and other relevant documents issued by the Department
of Housing and Urban Development on the standards and
obligations governing residency in federally assisted housing
and make recommendations to the Secretary for the establish-
ment of such criteria for occupancy.

(2) MEMBERS.—The Secretary shall appoint members to
the task force, which shall include individuals representing
the interests of owners, managers, and tenants of federally
assisted housing, public housing agencies, owner and tenant
advocacy organizations, persons with disabilities and disabled
families, organizations assisting homeless individuals, and
social service, mental health, and other nonprofit servicer
providers who serve federally assisted housing.

(3) COMPENSATION.—Members of the task force shall not
receive compensation for serving on the task force.

(4) DUTIES.—The task force shall—

(A) review all existing standards, regulations, and
guidelines governing occupancy and tenant selection poli-
cies in federally assisted housing;

(B) review all existing standards, regulations, and
guidelines governing lease provisions and other rules of
occupancy for federally assisted housing;

(C) determine whether the standards, regulations, and
guidelines reviewed under subparagraphs (A) and (B) pro-
vide sufficient guidance to owners and managers of feder-
ally assisted housing to—

(i) develop procedures for preselection inquiries
sufficient to determine the capacity of applicants to
comply with reasonable lease terms and conditions of
occupancy;

(ii) utilize leases that prohibit behavior which
endangers the health or safety of other tenants or
violates the rights of other tenants to peaceful enjoy-
ment of the premises;

(iii) assess the need to provide, and appropriate
measures for providing, reasonable accommodations
required under the Fair Housing Act and section 504
of the Rehabilitation Act of 1973 for persons with var-
ious types of disabilities; and

(iv) comply with civil rights laws and regulations;

42 USC 13603.