3-8-2009 National:
A recent question came up: Will the Adam Walsh Act (AWA) have any effect on HUD law or rules concerning sex offenders and public housing?
In addition to what is below, AWA is only effective in a state AFTER a state enacts its provisions in that state. That may also play a part in this question.
HUD law and rules, developed years ago, prohibit RSOs with a "Lifetime Registration Requirement (LRR)" from APPLYING for housing, and HUD says that LRR is synonymous with "dangerous."
This standing was BEFORE the effects of the Adam Walsh Act (AWA), under which MANY folks are being forced into Tier III which has a LRR and who will now be considered dangerous, some of which have court rulings saying they are not.
Accordingly, AWA will now prohibit folks who would have been accepted before AWA.
Further, an open question is, if someone is living in public housing who, after AWA, would be prohibited from living there, can they be forced out? The law and rules are clear, only those APPLYING for can be prohibited, there is nothing saying EVICT if already living there.
Hopefully lawyers will have a field day with this.
eAdvocate
All of my research on this issue has been updated and can be found here.
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