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Statutes and Regulations

Statutes

Federal statutes place restrictions on the admission of individuals with a criminal record to federally assisted housing. In the context of screening individuals with a criminal record, federally assisted housing refers to public housing, the voucher program, project-based Section 8, Section 8 Moderate Rehab, Section 202, 811, 221(d)(3), 236, 514 and 515. See 42 U.S.C. § 13664. The rules below do not apply to Low Income Housing Tax Credit properties, Shelter Plus Care, the Supportive Housing Program, or Housing Opportunities for People with Aids.

42 U.S.C. § 1437n(f) – Permanent ban on admission if convicted of manufacturing or producing methamphetamines on the premises of federally assisted housing.
*Note – The ban is limited to public housing, the voucher program, and Section 8 Moderate Rehab.

42 U.S.C. § 13663 – Permanent ban on admission if subject to a lifetime registration requirement under a state sex offender registration law.

42 U.S.C. § 13661(a) – Three year ban on admission if evicted from federally assisted housing for drug related activity unless completed a drug rehabilitation program approved by the PHA.

42 U.S.C. § 13661(c) – PHA or private owner has discretion to individuals who, within a reasonable period before admission, engaged in drug-related criminal activity, violent criminal activity, or criminal activity that would “threaten the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.”

Regulations

Public housing – 24 C.F.R. §§ 960.203 (tenant selection criteria), 960.204 (denial of admission for criminal activity or drug abuse), 960.208 (notification of denial, right to informal hearing).

Section 8 voucher program – 24 C.F.R. §§ 982.552 (denial of admission), 982.553 (denial of admission for criminal activity or alcohol abuse), 982.554 (notification of denial, right to informal hearing).

Project-based Section 8, Section 202, 811, 221(d)(3), and 236 – 24 C.F.R. §§ 5.852 (discretion of owner), 5.854 (mandatory denial of admission for criminal activity), 5.855 (permissive denial of admission for criminal activity), 5.856 (sex offenders), 5.901-5.905 (access to criminal records and information).

Section 8 Moderate Rehabilitation – 24 C.F.R. § 882.518 (denial of admission for criminal activity or alcohol abuse).

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