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NHLP established its Re-entry Initiative in an effort to increase access to federally assisted housing for people leaving incarceration. For many individuals returning to the community, federally assisted housing is the only option for decent, affordable shelter. Harsh admission policies, however, often prevent people with a criminal record from obtaining such housing. NHLP is advocating for public housing authorities and private owners of federally assisted housing to adopt more flexible admission policies and to set aside units for individuals returning to the community. Click here for An Affordable Home on Re-entry: Federally Assisted Housing and Previously Incarcerated Individuals.
U.N. Special Rapporteur on the Right to Adequate Housing Criticizes Federal One-Strike Policies
The UN Special Rapporteur recommends that the federal government "prohibit the use of criteria such as drug tests and criminal records, for gaining access to subsidized housing."
NHLP Bulletin Article – The Importance of Stable Housing for Formerly Incarcerated Individuals
Does your PHA deny admission or assistance on the basis of an old criminal record?
Public housing authorities that reject individuals on the basis of past criminal activity assume that a criminal record is a good predictor of future criminal behavior. Recent research shows, however, that individuals with an old criminal record do not exhibit a higher risk of future criminal activity than individuals without a criminal record.
Impact of SEVRA on Screening Process for Individuals With a Criminal History
On September 30, 2009, the Financial Services Committee of the House of Representatives sent the Section 8 voucher Reform Act of 2009 (SEVRA) to the House floor to be scheduled for a full House vote. H.R. 3045, 11th Cong. (2009) (as reported to the House). The bill contains several provisions that would alter the screening process for individuals with a criminal record.
Model PHA Admission Policies on Criminal Activity
Although federal law limits the freedom of PHAs, it does not prevent the adoption of reasonable and flexible admission policies on past criminal activity. The ACOP and Admin Plan should set forth policies that consider the situation of each applicant, the safety of residents and PHA staff, and the need for the community to provide housing to all low-income individuals. The sample provisions below allow PHAs to maximize access for individuals with a criminal record within the constraints imposed by federal law.
Study Shows Past Criminal Activity Not Linked to Success in Supportive Housing
A recent study tracked the housing outcomes of homeless adults with behavioral health disorders who moved into supportive housing run by the Downtown Emergency Service Center in Seattle. The presence of a criminal record did not affect housing success, defined as the retention of housing for two continuous years.
Innovative PHA Programs for Formerly Incarcerated Individuals
Several public housing authorities (PHAs) have proposed or implemented programs for formerly incarcerated individuals. The programs may serve as a starting point for advocates and PHAs working to develop local solutions for housing individuals returning to the community.
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 202, 811, 221(d)(3), 236, 514 and 515. 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 does not apply to project-based Section 8, Section 202, 811, 221(d)(3), or 236.
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 deny admission if, within a reasonable period before admission, committed 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).
Administrative References
Screening and Eviction for Drug Abuse and Other Criminal Activity; Final Rule, 66 Fed. Reg. 28,776 (May 24,2001)
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