; or (bb) the eligible public housing agency submits to the Secretary a waiver request for recalculation of the small area fair market rent applicable to the dwelling unit, which the Secretary shall approve or deny within 45 days of submission of the request. (II) Payment upon denial An eligible public housing agency may supplement the amount of a voucher under subclause (I) even if the Secretary denies the request submitted under subclause (I)(aa), provided that the supplementation of the voucher amount is necessary to maintain housing for the voucher recipient. (v) Conditions on assistance Notwithstanding any other provision of law, the Secretary— (I) may not condition receipt of a voucher under this paragraph on— (aa) participation in any service or program; or (bb) the sobriety or lack thereof of an eligible recipient; (II) except as provided in subclause (III), may not prohibit receipt of a voucher under this paragraph by an otherwise eligible recipient due to any criminal conviction or history of interaction with the criminal justice system