{ "id": "RS21623", "type": "CRS Report", "typeId": "REPORTS", "number": "RS21623", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 104517, "date": "2003-09-25", "retrieved": "2016-04-08T14:37:39.365544", "title": "Legal Analysis of H.R. 1429, the \"One Strike and You're Out! Act of 2003\"", "summary": "H.R. 1429 would create an exception for victims of domestic violence from current\nfederal law and policy mandating zero tolerance for criminal activity in federally assisted housing. \n Under HUD's \"One Strike Policy,\" tenants may be held strictly liable and evicted by public housing\nauthorities for criminal behavior by \"a tenant, any member of a tenant's household, a guest or\nanother person under the tenant's control.\" Reportedly, the policy has been applied to evict public\nhousing tenants who were victims of domestic violence at the hands of their own household\nmembers or guests. The bill rewrites federal no-fault eviction rules to avoid such application to\ndomestic violence victims. In effect, it would erect an \"innocent tenant defense\" for victims of\ndomestic or dating violence, where the target of the criminal act is either the tenant herself or an\nimmediate family member. Persons guilty of physical acts of violence against family members or\nothers -- whether committed on the premises or elsewhere -- would not enjoy immunity, but could\nbe evicted by public housing authorities under current HUD rules. In addition, by placing\n\"paramount importance\" on the safety and \"continued maintenance\" of domestic violence victims,\nthe bill could be interpreted to create a heightened duty of care on the part of public housing\nauthorities towards the tenant in such circumstances.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS21623", "sha1": "58876876d0b75701dae003e51d8a8d3d2ec6543b", "filename": "files/20030925_RS21623_58876876d0b75701dae003e51d8a8d3d2ec6543b.pdf", "images": null }, { "format": "HTML", "filename": "files/20030925_RS21623_58876876d0b75701dae003e51d8a8d3d2ec6543b.html" } ], "topics": [] } ], "topics": [ "American Law" ] }