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

Mandatory denials listed in the plan

• Any household member evicted from federally assisted housing in the last three years for drug-related criminal activity (CHA may still admit if it verifies the person completed a CHA-approved supervised drug rehabilitation program or the circumstances leading to the eviction no longer exist).

  Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.B Mandatory Denial of Assistance, p. 3-5; Ch. 3, Part III, 3-III.B, p. 3-5)

• Any household member currently engaged in illegal drug use (CHA treats medical marijuana use or possession as a violation of the Controlled Substances Act).

  Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.B, p. 3-5)

• Reasonable cause to believe a household member's current use or pattern of use of illegal drugs or alcohol may threaten others' health, safety or peaceful enjoyment.

  Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.B, p. 3-5)

• Any household member ever convicted of methamphetamine production or manufacture — in any location (broader than the federal rule, which covers federally assisted housing premises).

  Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.B, p. 3-5)

• Any household member ever convicted of a crime requiring lifetime sex-offender registration under a state program.

  Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.B, p. 3-5)

Arrests

CHA will not deny HCV assistance solely on the basis of an arrest record. The admissions chapter does not state an evidence standard; for terminations, the plan uses a preponderance-of-the-evidence standard and likewise says it may not terminate solely on a record of arrest(s).

Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.C, p. 3-5; Ch. 16, Part III, 16-III.B (participant hearings), Evidence of drug related/violent criminal activity)

Evidence of rehabilitation and other mitigating factors

Before denying, CHA may consider: the seriousness of the case; effects on family members not involved; each member's participation or culpability (including whether they are a minor, a person with a disability, or a survivor of domestic or sexual violence); how long ago the violation happened; the family's recent history and likelihood of future good conduct; and, for drug or alcohol abuse, whether the person is in or has completed a supervised rehabilitation program or has otherwise been rehabilitated. The plan says CHA will do an individualized assessment or otherwise consider mitigating circumstances related to criminal records, and mitigating factors may be considered at the informal review.

Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.E Criteria for Deciding to Deny Assistance, p. 3-6; Ch. 3, Part III, 3-III.E, p. 3-7; Ch. 16, Part III, 16-III.A Informal Reviews, p. 16-4)

If CHA plans to deny you because of a record

CHA runs a background check on every household member 18 and older. If CHA denies, it sends a notice giving the reasons and explaining the informal review process. A denial based on criminal activity is subject to informal review. The applicant must ask for the review in writing within 15 business days of the date of the denial. The applicant must be given a copy of any record, including background checks, used for a criminal-activity denial, and may present written or oral objections. The review is conducted by someone other than the person who made or approved the decision (or that person's subordinate). The applicant may bring a lawyer or other representative at their own expense. CHA generally mails the decision within 30 calendar days of the review; if the denial is overturned, processing for admission resumes.

Deadline to ask for a review: In writing, by the close of the business day no later than 15 business days from the date of CHA's denial of assistance

Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.D Screening, p. 3-6; Ch. 3, Part III, 3-III.E, Notification of Denial, p. 3-7; Ch. 16, Part III, 16-III.A Informal Reviews, Decisions Subject to Informal Review, p. 16-3; Ch. 16, Part III, 16-III.A, Scheduling and Holding an Informal Review, p. 16-3; +2 more)

Also in the plan

CHA's 'Do I qualify' web page tells applicants it checks for criminal convictions within the past six months, plus permanent bans for certain crimes, and that it follows the Cook County Just Housing Amendment.

Source: CHA web page: Do I Qualify for Housing? (Section 'Do you have potentially disqualifying criminal convictions?')

Also in the plan

Separate from the 180-day criminal-activity rule, the plan also denies an applicant if any family member committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program. It gives no time limit for this.

Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 3, Part III, 3-III.C, Previous Behavior, p. 3-6)

Also in the plan

Different rules apply to CHA's RAD project-based voucher properties (Admin Plan Chapter 18). There, CHA screens under the Cook County Just Housing Amendment. Chapter 18 says CHA may not consider convictions more than three years old or 'covered criminal history'. It also denies applicants with a criminal history involving crimes of violence to persons or property in the past three years.

Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 18 (RAD), 18-III.F.12.c, p. 18-11; Ch. 18 (RAD), 18-III.G.16.d, p. 18-14)

Also in the plan

Families moving into Chicago with a voucher from another housing authority (portability) are criminal-background-checked under CHA's applicant screening procedures. This applies to each member 18 and older.

Source: HCV Administrative Plan (eff. 2025-10-01) (Ch. 10 (portability), Families Moving from Another PHA's Jurisdiction)

Also in the plan

CHA's Moving To Work Re-entry Pilot Program served up to 50 people reuniting with family in CHA housing or on a CHA waitlist. It is on hold: CHA used up its eligible applicants and placed the program on hold in FY2022.

Source: CHA FY2026 MTW Annual Plan (approved by HUD January 27, 2026) (On-hold activities, CHA Re-entry Pilot Program (2014-04))

Also in the plan

CHA's HCV waitlist was closed when checked. CHA says it will announce a waitlist lottery when it reopens.

Source: CHA web page: Do I Qualify for Housing? (Note at top of page)

Mandatory denials listed in the plan

• Three years from the date of eviction if any household member was evicted from federally assisted housing for drug-related criminal activity. CHA may admit anyway if: the person completed a CHA-approved supervised drug rehabilitation program; the circumstances no longer exist (e.g., the person is imprisoned); or the person will not be in the household.

  Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.G.15.a, p. 25; Sec. II.G.15.a.ii, p. 25)

• Any household member currently engaging in illegal drug use, or reasonable cause to believe a member's illegal drug use or pattern of use may threaten others.

  Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.G.15.b.i, p. 25; Sec. II.G.15.b.ii, p. 25)

• Any household member ever convicted of methamphetamine manufacture or production on the premises of federally assisted housing.

  Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.G.15.b.iii, p. 25)

• Any household member subject to a lifetime OR any sex-offender registration requirement, including Illinois's ten-year registration (broader than the federal lifetime-only rule).

  Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.G.15.b.iv, p. 25)

• Abuse or pattern of abuse of alcohol that may threaten other residents.

  Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.G.15.b.v, p. 26)

Arrests

The ACOP says an arrest record alone will not be the sole reason for denial and is not itself evidence of criminal activity. An arrest may prompt CHA to look into the person's conduct. Several of CHA's own criteria still refer to 'police arrest and/or conviction documentation', and the ACOP states no evidence standard (such as preponderance) for admission decisions.

Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.G.17, p. 27 (repeated at II.G.15.c, p. 26); Sec. II.G.16 (lead-in), p. 26)

Sealed, expunged and juvenile records

Under its Just Housing Amendment section, CHA may not consider 'covered criminal history'. The ACOP defines that as arrests, charges or citations, participation in a diversion or deferred-judgment program, sealed, expunged or pardoned records, and juvenile records. CHA also says it complies with the confidentiality provisions of the Illinois Juvenile Court Act (705 ILCS 405/1-7 and 1-8).

Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. XIV Definitions, no. 27 'Covered Criminal History'; Sec. II.F.11, p. 22)

Evidence of rehabilitation and other mitigating factors

If screening turns up negative information, CHA must consider the time, nature and extent of the conduct and any factors suggesting likely good conduct in the future. Mitigating circumstances must be verifiable. CHA will consider documentation that the person has been rehabilitated. Under the Just Housing Amendment section, CHA must complete an individualized assessment before denying anyone based on conviction history. The exceptions are a current sex-offender registration requirement or a current child sex offender residency restriction. For cannabis-related convictions, CHA considers mitigating circumstances, including the applicant's conduct, its impact on others, and the likelihood of favorable future conduct.

Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.H.1 Screening Applicants with Mitigating Circumstances, p. 28; Sec. II.H.2, p. 28; Sec. II.F.12.e, p. 23; Sec. II.G.13.a, p. 24)

If CHA plans to deny you because of a record

Criminal history is not asked about or considered until the applicant has prequalified on all other criteria and been sent a prequalification notice. Every household member 18 and older then gets a criminal/credit background check. Applicants can get a copy of their criminal background check and take part in an individualized assessment before CHA approves or denies. Applicants are told they have the right to submit more information disputing the check. If denied, the applicant gets a notice with the basis for the decision and how to request a 'mitigating hearing'. At that hearing the applicant can offer mitigating circumstances or point out factual mistakes. It can be held in person, by phone, or on documents. Applicants cannot use the resident grievance procedure. The ACOP gives no deadline for requesting the mitigating hearing.

Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.F.12.c, p. 23; Sec. II.F.5, p. 22; Sec. II.F.12.g, p. 23; Sec. II.I.3 Determination of Qualification for Admission, p. 29; +1 more)

Also in the plan

Pending criminal case: if screening shows a pending criminal matter, CHA defers the applicant on the waitlist until documentation of the outcome is presented.

Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.G.16.h, p. 26)

Also in the plan

The ACOP generally does not apply to public housing units in mixed-income/mixed-finance communities that have their own tenant selection plans. Those properties may screen differently.

Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Introduction, p. 5)

Also in the plan

CHA says it reviews criminal background 'as far back as reasonably necessary for certain crimes'. It screens in accordance with HUD rules and the Cook County Just Housing Amendment.

Source: Public Housing ACOP FY2025 (Board-approved July 2025) (Sec. II.F Screening Applicants for Suitability, p. 21; Sec. II.F, p. 21)