The U.S. Department of Housing and Urban Development (HUD) has made significant changes to its guidelines regarding the screening of tenants in federally-assisted housing. These changes aim to clarify the responsibilities of Public Housing Authorities (PHAs) and private owners of project-based rental assistance who provide housing to low-income families in maintaining safe housing environments.
Key updates include:
- Rescission of Previous Guidelines: HUD has withdrawn prior notices and memos that advised against using criminal records when making housing decisions. This includes the 2015 guidance prohibiting the exclusion of applicants based on arrest records, as well as two later memos offering similar advice on criminal records in housing contexts.
- The rescinded documents include:
- Notice 2015-19: Guidance that advised Public Housing Agencies (PHAs) and property owners against using arrest records when making housing decisions.
- 2016 Memo from HUD’s Office of General Counsel: Provided guidance regarding the application of Fair Housing Act standards to the use of criminal records by providers of housing and real estate transactions.
- 2022 Memo from HUD’s Office of Fair Housing and Equal Opportunity: Involved the implementation of the aforementioned guidance regarding the use of criminal records in housing decisions.
- The rescinded documents include:
- Mandatory Screening Requirements: PHAs and property owners are now reminded of their obligations to screen potential tenants for criminal history before admitting them into HUD-assisted housing. Specific criteria for mandatory denial of admission include recent evictions for drug-related activities, ongoing illegal drug use, serious criminal convictions (such as production of methamphetamine), being listed as a lifetime sex offender, and a history of alcohol abuse that threatens safety.
- Permissive Screening: In addition to mandatory screening, PHAs and owners have the authority to consider a broader range of criminal history when assessing tenant suitability.
- Termination of Assistance: The new guidelines require PHAs to monitor tenant behavior continuously and allow for the termination of housing assistance if residents engage in illegal drug use, violent crime, or have a pattern of behavior that threatens the safety of others.
“One Strike” Policy: The letter emphasizes strict enforcement of lease rules regarding criminal behavior, providing a basis for eviction if violations occur.
HUD encourages local PHAs to review their policies and make use of available resources to ensure safety in communities. Additionally, housing authorities are advised to promote the HUD Office of Inspector General Hotline for reporting issues related to fraud or safety concerns.
Overall, these changes seek to enhance safety in federally-assisted housing and clarify the responsibilities of housing authorities and owners in the screening and management of tenants.