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Boston Housing Authority Criminal Background Policy: Section 8 & Public Housing

City of Boston (vouchers may be used elsewhere through portability). Runs: Section 8 vouchers and public housing.

Last updated: (housing authority documents checked)

Quick Answer

BHA's voucher (Section 8) and public housing plans both look back 3 years for misdemeanors and 7 years for felonies, counted from the conviction date or release date, whichever is later. A pattern of violent crime, or an inherently violent act, can be considered even after those periods. The plans differ on other points: the voucher plan says BHA does not consider arrests and generally ignores non-violent, non-drug convictions like larceny, while the public housing plan reviews pending charges and lists larceny and fraud.

The public housing plan says records sealed under Massachusetts law cannot be used. In both programs you have 20 calendar days from the denial notice to ask in writing for an informal review or hearing; late requests with a strong reason may be considered for 30 more days. BHA shares the record and lets you respond before it decides.

Federal rules every housing authority applies

  • 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))

Full federal screening rules and your rights during a denial →

Housing Choice Voucher (Section 8): how BHA screens criminal history

Based on Administrative Plan, Housing Choice Voucher Program (BHA Administrative Plan for Section 8 Programs) (Effective: April 1, 2026 (pages headed 'Implementation Date: April 1, 2026')).

Look-back periods

Criminal activity punishable as a misdemeanor (or equivalent)three (3) years — measured from the date of conviction or the release date, whichever is later

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 5.7 Review of CORI, p. 69; § 5.7, p. 69)

Criminal activity punishable as a felony (or equivalent), except offenses subject to mandatory denialseven (7) years — measured from the date of conviction or the release date, whichever is later

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 5.7, p. 69)

Pattern of violent criminal activity, or inherently violent activityNo time limit: may be considered even outside the 3- and 7-year periods

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 5.7, p. 69)

Drug-related, violent, or other threatening criminal activity (discretionary denial, § 6.1.3(f))'a reasonable time before the Admission', which depends on individual circumstances (read with the 3/7-year review limits in § 5.7) — measured from Admission

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 6.1.3(f) footnote 15, p. 77; § 6.1.3(f)(3), p. 78)

Simple drug use or possession (without intent to distribute), as 'drug-related criminal activity'within one year — measured from the date BHA gives the applicant notice of denial

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 6.1.1(b)(ii) Definitions, p. 75)

Mandatory denials listed in the plan

Arrests

BHA reviews only convictions and charges awaiting trial for drug-related, violent and other criminal activity that could affect the health and safety of others. It does not consider arrests, cases continued without a finding (CWOF), or charges that were not prosecuted. Non-violent, non-drug convictions such as larceny are generally not considered unless BHA finds they affect others' health and safety. Denials are decided on a preponderance of the evidence.

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 6.1, p. 75; § 6.1.4(b), p. 78)

Sealed, expunged and juvenile records

BHA requests CORI for applicants aged 14 and older but says it has no access to juvenile offender information. It reviews records for 14- to 17-year-olds only if they were tried as adults. The Administrative Plan does not specifically address sealed or expunged records; the ACOP does (see public housing).

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 5.7, p. 69)

Evidence of rehabilitation and other mitigating factors

BHA will not automatically deny an applicant for having a criminal history. It may weigh the seriousness of the offense, the extent of the criminal history, each family member's involvement, and the effect of denial on uninvolved family members. It must consider mitigating circumstances such as current participation in, or completion of, a supervised drug treatment program. Criminal activity connected to domestic violence, dating violence, stalking or sexual assault can count as mitigating. BHA can admit the rest of the family if the person involved will not live in the unit. Before denying, BHA sends a letter inviting the applicant to mail in information that disputes, resolves or mitigates the record. People recovering from addiction who no longer use cannot be denied for past use or possession.

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 6.1, p. 75; § 6.1.5(a), p. 79; § 6.1.5(c), p. 79; § 6.1.5(d), p. 80; +2 more)

If BHA plans to deny you because of a record

Before denying, BHA gives the applicant and the subject of the record a copy of the record, says which part appears to make the family ineligible, and offers a chance to dispute, resolve or mitigate it by mail. If BHA then denies, the written notice gives the reasons and the right to request an informal review in writing within 20 calendar days of the notice date (30 days in non-citizen cases). An applicant seeking to correct an inaccurate criminal record can ask BHA to keep the application open for 90 days. The Department of Grievances and Appeals schedules the review, and a BHA employee not involved in the original decision conducts it, considering evidence fresh (de novo). The applicant may bring an attorney or other representative, see their file in advance, and present documents and testimony. Late requests are granted with evidence of compelling circumstances and are considered for up to 30 days past the deadline.

Deadline to ask for a review: twenty (20) calendar days from the date the Notice of Denial is issued (late requests with compelling circumstances considered for 30 more days)

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 6.1.4(a), p. 78; § 6.1.4(b)(2), p. 79; § 6.1.4(b)(4), p. 79; § 6.2.1(b), p. 80; +4 more)

Also in the plan

BHA screens using a Massachusetts CORI report from the Department of Criminal Justice Information Services (DCJIS), or a similar out-of-state report if the applicant has not lived in Massachusetts for the past two years. BHA pays for record checks. It decides all other eligibility before looking at CORI.

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 5.7, p. 69; § 5.7.1, p. 70)

Also in the plan

For applicants with project-based assistance that includes supportive services, BHA may take those services into account. Other discretionary grounds include eviction from federally assisted housing in the last five years and abusive or violent behavior toward BHA staff.

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 6.1.5(e), p. 80; § 6.1.3(g), p. 78; § 6.1.3(h), p. 78)

Public housing: how BHA screens criminal history

Based on Admissions and Continued Occupancy Policy (ACOP) for BHA Public Housing Programs (Effective: April 1, 2026).

Look-back periods

Criminal activity punishable as a misdemeanor (or equivalent)three (3) years — measured from the date of conviction or the release date, whichever is later

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(c) Look back period, p. 63; § 5.5.3(c), p. 63)

Criminal activity punishable as a felony (or equivalent), except offenses subject to mandatory denialseven (7) years — measured from the date of conviction or the release date, whichever is later

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(c), p. 63)

Pattern of violent criminal activity, or inherently violent activityNo time limit: may be considered even outside the 3- and 7-year periods

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(c), p. 63)

Mandatory denials listed in the plan

  • Lifetime sex offender registration: permanently barred from federally assisted developments. These applicants can be admitted to state-aided developments only by establishing acceptable mitigating circumstances.

    Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(b)(i), p. 62)

  • Conviction for manufacturing or producing methamphetamine on federally assisted housing premises: permanently barred from federal developments. These applicants can be admitted to state-aided developments only with acceptable mitigating circumstances.

    Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(b)(ii), p. 62)

  • Current users of illegal drugs are not admitted. Former users are not excluded for past use alone.

    Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(d)(i), p. 63)

Arrests

For public housing, BHA reviews both convictions and pending charges. A case continued without a finding (CWOF) or 'placed on file' cannot by itself show the person committed the crime; BHA needs independent evidence such as police reports or statements from the arresting officer. Note that this differs from the Section 8 plan, which says BHA will not consider arrests or CWOFs at all.

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(a), p. 62)

Sealed, expunged and juvenile records

Records sealed under G.L. c. 276, § 100A cannot be used in screening. BHA does not review juvenile offender information. It reviews records for 14- to 17-year-olds only if they were tried as adults (youthful offender information).

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(c), p. 63; § 5.5.3(a), p. 62)

Evidence of rehabilitation and other mitigating factors

BHA will not automatically deny for criminal history. Before a final decision, applicants can show mitigating circumstances, including rehabilitation or efforts at rehabilitation. BHA weighs the severity of the conduct, time elapsed, the danger to others if it recurred, and the likelihood of improved future behavior: the more dangerous the conduct, the stronger the showing must be. Former drug users can submit proof such as verification from a treatment provider or self-help program, a probation or parole officer's statement on clean screens, or voluntary drug test results.

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(g), p. 65; § 5.5.5 Rehabilitation and Mitigating Circumstances, p. 66; § 5.5.5, p. 66; § 5.5.3(d)(iii), p. 63)

If BHA plans to deny you because of a record

If the criminal record would make the applicant ineligible, BHA first tells them about the negative information and lets them review it and offer mitigating circumstances before deciding. To dispute accuracy, the applicant must notify BHA in writing within the time set in BHA's notice. A Notice of Ineligibility then gives the right to an informal hearing: the written request must be received within 20 calendar days of the date the notice is issued. Late requests are considered for 30 more days. The hearing is scheduled within 30 days and run by a BHA employee not involved in the decision. The applicant can contest CORI and background-check information, bring a representative, and review the file including CORI. A decision is due within 15 working days. Applicants can ask BHA to reconsider within 14 days. Applicants to state-aided housing can also seek review by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) within 21 calendar days.

Deadline to ask for a review: 20 calendar days from the date the Notice of Adverse Action is issued (late requests considered for 30 days beyond)

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(g), p. 65; § 5.5.3(h), p. 65; § 4.3.1(b), p. 21; § 4.3.1(c), p. 21; +5 more)

Also in the plan

BHA runs both federal and state-aided public housing under one ACOP. The lifetime sex-offender and meth bars apply only to federal developments; state-aided developments can admit with acceptable mitigating circumstances. BHA screens adults 18 and older and reviews criminal background for members 14 and older.

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5 Screening for Suitability, p. 60)

Also in the plan

Offenses BHA considers include physical violence to persons or property, fraud, prostitution, larceny, and illegal drug use or distribution that may interfere with other residents. Note that the Section 8 plan says non-violent, non-drug convictions such as larceny are generally not considered.

Source: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(a), p. 61)

Local fair-chance rules the plan mentions

Massachusetts CORI rules (803 CMR 5.00)

The Administrative Plan says BHA uses, maintains and destroys CORI under 803 CMR 5.00. CORI is destroyed once the applicant is housed or subsidized, or three years after a rejection (or after all appeals end, if later).

Source: BHA Administrative Plan for Section 8 Programs (eff. 2026-04-01) (§ 5.7.1 Use and Maintenance of CORI, p. 70; § 5.7.1, p. 70)

Massachusetts record sealing, G.L. c. 276, § 100A

The ACOP says a record sealed under G.L. c. 276, § 100A can no longer be evaluated in public housing screening. The statute requires housing applications that ask about prior arrests or convictions to include a statement that applicants with sealed records may answer 'no record'.

Sources: BHA ACOP for Public Housing Programs (eff. 2026-04-01) (§ 5.5.3(c), p. 63); M.G.L. c. 276, § 100A (malegislature.gov) (G.L. c. 276, § 100A)

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Frequently Asked Questions

How far back does BHA look at criminal history for a Section 8 voucher?
Administrative Plan, Housing Choice Voucher Program (BHA Administrative Plan for Section 8 Programs) (Effective: April 1, 2026 (pages headed 'Implementation Date: April 1, 2026')) lists these look-back periods — Criminal activity punishable as a misdemeanor (or equivalent): three (3) years; Criminal activity punishable as a felony (or equivalent), except offenses subject to mandatory denial: seven (7) years; Pattern of violent criminal activity, or inherently violent activity: No time limit: may be considered even outside the 3- and 7-year periods; Drug-related, violent, or other threatening criminal activity (discretionary denial, § 6.1.3(f)): 'a reasonable time before the Admission', which depends on individual circumstances (read with the 3/7-year review limits in § 5.7); Simple drug use or possession (without intent to distribute), as 'drug-related criminal activity': within one year. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
How far back does BHA look at criminal history for public housing?
Admissions and Continued Occupancy Policy (ACOP) for BHA Public Housing Programs (Effective: April 1, 2026) lists these look-back periods — Criminal activity punishable as a misdemeanor (or equivalent): three (3) years; Criminal activity punishable as a felony (or equivalent), except offenses subject to mandatory denial: seven (7) years; Pattern of violent criminal activity, or inherently violent activity: No time limit: may be considered even outside the 3- and 7-year periods. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
What can I do if BHA denies my application because of my record?
Before denying, BHA gives the applicant and the subject of the record a copy of the record, says which part appears to make the family ineligible, and offers a chance to dispute, resolve or mitigate it by mail. If BHA then denies, the written notice gives the reasons and the right to request an informal review in writing within 20 calendar days of the notice date (30 days in non-citizen cases). An applicant seeking to correct an inaccurate criminal record can ask BHA to keep the application open for 90 days. The Department of Grievances and Appeals schedules the review, and a BHA employee not involved in the original decision conducts it, considering evidence fresh (de novo). The applicant may bring an attorney or other representative, see their file in advance, and present documents and testimony. Late requests are granted with evidence of compelling circumstances and are considered for up to 30 days past the deadline. Deadline: twenty (20) calendar days from the date the Notice of Denial is issued (late requests with compelling circumstances considered for 30 more days).
Does BHA consider rehabilitation or other mitigating evidence?
BHA will not automatically deny an applicant for having a criminal history. It may weigh the seriousness of the offense, the extent of the criminal history, each family member's involvement, and the effect of denial on uninvolved family members. It must consider mitigating circumstances such as current participation in, or completion of, a supervised drug treatment program. Criminal activity connected to domestic violence, dating violence, stalking or sexual assault can count as mitigating. BHA can admit the rest of the family if the person involved will not live in the unit. Before denying, BHA sends a letter inviting the applicant to mail in information that disputes, resolves or mitigates the record. People recovering from addiction who no longer use cannot be denied for past use or possession.

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This is informational only, not legal advice. Housing authorities revise these plans, often every year, and the version in force when you apply controls. Ask BHA for its current written policy, and contact legal aid or a fair housing organization if you are denied.

Sources