Page:United States Statutes at Large Volume 104 Part 5.djvu/863

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PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4185 (b) LEASES. —Section 6(1) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended— (1) by striking "and" at the end of paragraph (4); (2) by inserting after paragraph (5), the following new paragraph: "(6) specify that with respect to any notice of eviction or termination, notwithstanding any State law, a public housing tenant shall be informed of the opportunity, prior to any hearing or trial, to examine any relevant documents, records, or regulations directly related to the eviction or termination.". (c) REGULATIONS.—The Secretary of Housing and Urban Development shall issue, and publish in the Federal Register for comment, proposed rules implementing the amendments made by this section not later than the expiration of the 60-day period beginning on the date of the enactment of this Act and shall issue final rules implementing the amendments not later than the expiration of the 180-day period beginning on the date of the enactment of this Act. (d) APPLICABIIITY. —Any exclusion of grievances by a public housing agency pursuant to a determination or waiver by the Secretary (under section 6(k) of the United States Housing Act of 1937, as such section existed before the date of the enactment of this Act) that a jurisdiction requires a hearing in court providing the basic elements of due process shall be effective after the date of the enactment of this Act only to the extent that the exclusion complies with the amendments made by this section, except that any such waiver provided before the date of the enactment of this Act shall remain in effect until the earlier of the effective date of the final rules implementing the amendments made by this section or 180 days after the date of the enactment. SEC. 504. LEASE REQUIREMENTS REGARDING TERMINATION OF TEN- ANCY IN PUBLIC HOUSING. Section 6(1)(5) of the Housing Act of 1937 (42 U.S.C. 1437d(l)(5)) is amended to read as follows: "(5) provide that any criminal activity that threatens the health, safety, or right to peaceful enjoyment 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 under the tenant's control, shall be cause for termination of tenancy; and". SEC. 505. NOTICE TO POST OFFICE REGARDING EVICTION FOR CRIMINAL ACTIVITY. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended by adding at the end the following subsection: "(n) When a public housing agency evicts an individual or family from a dwelling unit for engaging in criminal activity, including drug-related criminal activity, the public housing agency shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the dwelling unit.". SEC. 506. PUBLIC HOUSING ASSISTANCE FOR FOSTER CARE CHILDREN. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: Federal Register, publication. 42 USC 1437d note. 42 USC 1437d note.