Housing Authority of the City of Atlanta, Georgia (Atlanta Housing) Criminal Background Policy: Section 8 & Public Housing

Mandatory denials listed in the plan

• The SCP lists HUD-identified offenses for which applicants 'may be denied admission' (its wording) under 24 CFR 960.204 / 982.553: (1) eviction from federally assisted housing for drug-related criminal activity within the three years before application;

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1, p. 12; Ch. 1, Sec. 1.15.1(A), p. 12)

• Current illegal drug use by a household member; any conviction for manufacturing/producing methamphetamine on the premises of federally assisted housing.

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1(B)-(C), p. 12)

• Any household member subject to a lifetime state sex-offender registration requirement.

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1(D), p. 12)

• Alcohol abuse, or a pattern of alcohol abuse, that may threaten other residents' health, safety or peaceful enjoyment.

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1(E), p. 12)

Arrests

An arrest record alone may not be sufficient evidence of disqualifying conduct, but it can trigger an inquiry; AH may use police reports, witness statements and other documentation to decide whether the conduct occurred. A conviction shown by a reliable background report, or an admission, may also be the basis. At informal hearings (participants), decisions are based on the preponderance of the evidence.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15, p. 12; Ch. 3, Sec. 3.31, p. 46)

Evidence of rehabilitation and other mitigating factors

Before an adverse decision, AH gives a copy of the criminal background report and a chance to dispute its accuracy and relevance. AH will consider the circumstances of the case (mitigating or aggravating), the time, nature and extent of the conduct (severity/seriousness), and whether the person would reasonably pose a danger to others. Applicants are encouraged to bring the court disposition of the offenses; people who admit the offense may still explain circumstances.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 3, Sec. 3.31, p. 45)

If AH plans to deny you because of a record

Denied HCV applicants get an informal review: request in writing within 10 business days of the notice; may examine and copy the file beforehand; may bring witnesses, representatives (including attorneys) or letters of support; conducted by someone other than the decision-maker or their subordinate; written decision within 15 business days. Participants facing termination get an informal hearing (request in writing within 10 business days; decided on the preponderance of the evidence).

Deadline to ask for a review: 10 business days from the date of the notice of denial (informal review)

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 3, Sec. 3.31, p. 45; Ch. 3, Sec. 3.31, p. 46)

Also in the plan

Atlanta Housing is a Moving to Work (MTW) agency; its Statement of Corporate Policies is its controlling policy document in place of a conventional HCV Administrative Plan, and applies the same Section 1.15 criminal-history policy to all of its rental assistance programs. Screening covers household members 18 and older.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15, p. 12)

Also in the plan

HCV eligibility requires an 'acceptable criminal background record' (AH's public eligibility page likewise says applicants must meet AH's criminal background screening criteria).

Sources: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 3, Sec. 3.7, p. 37); Atlanta Housing – Participant Eligibility page (Participant Eligibility web page)

Also in the plan

Special admissions (e.g., pilot programs for at-risk populations, relocation, VAWA) may not be denied a voucher unless a household member committed a HUD-identified offense under 24 CFR 982.553, though AH retains discretion to deny for criminal activity threatening others.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 3, Sec. 3.6, p. 37)

Also in the plan

For Supportive Housing (HAVEN) participants, the owner and service provider may mitigate factors in a participant's history through the participant's Service Plan.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 4, Sec. 4.12, p. 54)

Mandatory denials listed in the plan

• The SCP lists HUD-identified offenses for which applicants 'may be denied admission' (its wording) under 24 CFR 960.204 / 982.553: (1) eviction from federally assisted housing for drug-related criminal activity within the three years before application;

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1, p. 12; Ch. 1, Sec. 1.15.1(A), p. 12)

• Current illegal drug use by a household member; any conviction for manufacturing/producing methamphetamine on the premises of federally assisted housing.

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1(B)-(C), p. 12)

• Any household member subject to a lifetime state sex-offender registration requirement.

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1(D), p. 12)

• Alcohol abuse, or a pattern of alcohol abuse, that may threaten other residents' health, safety or peaceful enjoyment.

  Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15.1(E), p. 12)

Arrests

Same rule as HCV: an arrest record alone may not be sufficient evidence of disqualifying conduct but can trigger an inquiry; police reports, witness statements and other documentation may be used; a reliable conviction record or admission may also be the basis.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 1, Sec. 1.15, p. 12)

Evidence of rehabilitation and other mitigating factors

At the informal review a denied applicant may present, and AH/the owner/management agent will consider: circumstances of the criminal case(s) and mitigating or aggravating circumstances; the time, nature and extent of the conduct; and whether the applicant would pose a danger, including whether it is reasonable to believe the applicant has been rehabilitated. Applicants are strongly encouraged to bring the disposition of the offenses.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 2, Sec. 2.17.2(E)(i), p. 28; Ch. 2, Sec. 2.17.2(E)(ii)-(iii), p. 29; Ch. 2, Sec. 2.17.2(E)(iii), p. 29; Ch. 2, Sec. 2.17.2(D), p. 28)

If AH plans to deny you because of a record

Applicants for AH-Assisted Units (including public housing-assisted units, which use site-based waiting lists run by property management) are screened before a unit is offered. A denial notice states the specific reasons and the dispute process, including the chance to dispute the accuracy and relevance of the criminal record, and includes a copy of any adverse report where permitted. The informal review must be requested in writing within 10 days of receipt of the denial notice (the management office will help write the request); it is held by an impartial person with no prior role; the applicant may bring witnesses, representatives (including attorneys) or letters of support; a written decision should issue within 10 days.

Deadline to ask for a review: 10 days from the date of receipt of the denial notice (Sec. 2.17.2); the plan also states a conflicting '10 business days' rule in Sec. 3.31

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 2, Sec. 2.16, p. 27; Ch. 2, Sec. 2.17.1(B), p. 28; Ch. 2, Sec. 2.17.2(A), p. 28; Ch. 2, Sec. 2.17.2(C), p. 28; +1 more)

Also in the plan

'AH-Assisted Units' include units receiving public housing operating subsidy as well as PBV, HomeFlex and RAD units, regardless of ownership; applicants must show an acceptable criminal background record. AH itself owns 9 public housing-assisted properties (mostly senior high-rises).

Sources: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 2, Sec. 2.2, p. 16; Ch. 2, Sec. 2.11(D), p. 21); Atlanta Housing – Housing Options page (Housing Options web page)

Also in the plan

Under MTW, owners of MIXED and HomeFlex communities may, with AH approval, adopt their own occupancy/leasing policies, including eligibility and/or suitability criteria, so screening at an individual property can differ; ask the property's management office for its criteria.

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 2, Sec. 2.10, p. 21)

Also in the plan

Sec. 3.31 also describes informal reviews for applicants to AH-owned and managed units (10 business days to request).

Source: Amended and Restated Statement of Corporate Policies (adopted Mar. 25, 2026) (Ch. 3, Sec. 3.31, p. 45)