Legal Analysis of H.R. 1429, the "One Strike and You're Out! Act of 2003"

Publication Date: September 2003

Publisher: Library of Congress. Congressional Research Service

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Research Area: Social conditions

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Abstract:

H.R. 1429 would create an exception for victims of domestic violence from current federal law and policy mandating zero tolerance for criminal activity in federally assisted housing. Under HUD's "One Strike Policy," tenants may be held strictly liable and evicted by public housing authorities for criminal behavior by "a tenant, any member of a tenant's household, a guest or another person under the tenant's control." Reportedly, the policy has been applied to evict public housing tenants who were victims of domestic violence at the hands of their own household members or guests.

The bill rewrites federal no-fault eviction rules to avoid such application to domestic violence victims. In effect, it would erect an "innocent tenant defense" for victims of domestic or dating violence, where the target of the criminal act is either the tenant herself or an immediate family member. Persons guilty of physical acts of violence against family members or others -- whether committed on the premises or elsewhere -- would not enjoy immunity, but could be evicted by public housing authorities under current HUD rules. In addition, by placing "paramount importance" on the safety and "continued maintenance" of domestic violence victims, the bill could be interpreted to create a heightened duty of care on the part of public housing authorities towards the tenant in such circumstances.