Section 8 & Public Housing With a Criminal Record: Housing Authority Policies

Federal rules (apply at every housing authority)

Mandatory denials

• A household member is subject to a lifetime registration requirement under a state sex-offender registration program. The housing authority must run criminal background checks in its own state and in other states where household members are known to have lived.

  Sources: 24 CFR 982.553 ((a)(2)(i)); 24 CFR 960.204 ((a)(4))

• A household member was ever convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing. This bar is permanent.

  Sources: 24 CFR 982.553 ((a)(1)(ii)(C)); 24 CFR 960.204 ((a)(3))

• A household member was evicted from federally assisted housing for drug-related criminal activity within the past three years. The housing authority may still admit the household if that person completed a supervised drug rehabilitation program it approves, or if the circumstances that led to the eviction no longer exist.

  Sources: 24 CFR 982.553 ((a)(1)(i)); 24 CFR 960.204 ((a)(1))

• The housing authority determines that a household member is currently using illegal drugs, or has reasonable cause to believe a member's drug use or pattern of alcohol abuse may threaten other residents' health, safety or peaceful enjoyment.

  Sources: 24 CFR 982.553 ((a)(1)(ii)(A) and (a)(3)); 24 CFR 960.204 ((a)(2) and (b))

What housing authorities may screen for

• For vouchers, a housing authority may deny admission for drug-related criminal activity, violent criminal activity, or other criminal activity that may threaten residents, neighbors or staff — but only if it happened during a "reasonable time" before admission. Each housing authority sets that period in its written plan, which is why look-back periods differ from city to city.

  Source: 24 CFR 982.553 ((a)(2)(ii)(A)–(B); (a)(2)(ii)(B))

• For public housing, the housing authority screens applicants' behavior and may consider a history of crimes of physical violence to persons or property and other criminal acts that would adversely affect other tenants' health, safety or welfare.

  Source: 24 CFR 960.203 ((c)(3))

• A voucher applicant denied for criminal activity can be reconsidered if the household shows the activity has not continued during the housing authority's period — for example, a certification backed by information from a probation officer, landlord, neighbors, social service workers or criminal records.

  Source: 24 CFR 982.553 ((a)(2)(ii)(C)(1))

Your rights if a record is used against you

• Before denying you because of a criminal record, the housing authority must give you and the person the record is about a copy of the record and a chance to dispute its accuracy and relevance.

  Sources: 24 CFR 982.553 ((d)(1)); 24 CFR 960.204 ((c))

• The housing authority cannot charge you for the criminal records check.

  Sources: 24 CFR 982.553 ((d)(3)); 24 CFR 960.204 ((d))

• Voucher applicants who are denied must get prompt written notice with the reasons and how to request an informal review. The review must be done by someone other than the person who made the decision (or that person's subordinate), and you can present written or oral objections.

  Source: 24 CFR 982.554 ((a); (b)(1)–(2))

• Public housing applicants found ineligible must be told why and, on request, given an informal hearing.

  Source: 24 CFR 960.208 ((a))

• Housing authorities may weigh mitigating circumstances. For public housing, the time, nature and extent of the conduct must be considered, and evidence of rehabilitation may be. For vouchers, the housing authority may consider all relevant circumstances, and completion of a supervised drug or alcohol rehabilitation program.

  Sources: 24 CFR 960.203 ((d)); 24 CFR 982.552 ((c)(2)(i))

HUD guidance status

• HUD rescinded its 2015 notice discouraging the use of arrest records in housing decisions on September 26, 2025. HUD told housing authorities to keep following the federal regulations and all relevant state and local laws on arrest records.

  Source: HUD Notice PIH 2025-26 / H 2025-05 (Purpose; Applicability)

• HUD's 2016 Office of General Counsel guidance on applying the Fair Housing Act to criminal records was withdrawn effective September 25, 2025.

  Source: Federal Register, July 17, 2026 — Notice of the Withdrawal of OGC Guidance Documents (FR-6617-N-01) (Summary; II. Guidance Withdrawn)

• A 2024 proposed rule that would have changed how housing authorities screen criminal records ("Reducing Barriers to HUD-Assisted Housing") was withdrawn on January 16, 2025, so the regulations above remain the federal standard.

  Source: Federal Register, Jan. 16, 2025 — Reducing Barriers to HUD-Assisted Housing; Withdrawal (90 FR 4686) (Dates)

Federal rules checked 2026-10-12.

Housing authority policies, by state

Look-back summaries from each authority's plan. Open a housing authority for the exact wording, page references, and how to dispute a denial.

Not listed? Find your local housing authority through HUD's public housing agency contacts and ask for its Administrative Plan and ACOP — the criminal screening rules are usually in the eligibility or denial chapter.