Opinion No. (2000)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE ALAN LOWENTHAL, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Does federal law override state law prohibitions against the release of information to a public housing agency concerning whether an individual seeking admission to public housing is subject to a lifetime registration requirement under California's sex offender registration program? CONCLUSION Federal law overrides state law prohibitions against the release of information to a public housing agency concerning whether an individual seeking admission to public housing is subject to a lifetime registration requirement under California's sex offender registration program. ANALYSIS In 1998, Congress amended federal law to deny admission to federally assisted housing of any household that includes a lifetime registered sex offender. Title 42 United States Code section 13663 now provides: "(a) In general "Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime…