Cuyahoga Metropolitan 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. CMHA will still admit the family if it can verify the person finished a CMHA-approved supervised drug rehabilitation program, or the person who committed the crime no longer lives in the household.

  Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B Mandatory Denial of Assistance, p. 3-25 (PDF p. 113); Ch. 3, 3-III.B, PHA Policy, p. 3-25 (PDF p. 113))

• Any household member currently using illegal drugs. CMHA defines 'currently engaged in' as any illegal drug use during the previous three months.

  Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-25 (PDF p. 113); Ch. 3, 3-III.B, PHA Policy, p. 3-25 (PDF p. 113))

• CMHA has reasonable cause to believe a household member's illegal drug use or alcohol abuse (current, or a pattern) may threaten other residents' health, safety or peaceful enjoyment. CMHA considers all credible evidence, including drug- or alcohol-related convictions or evictions, and evidence from treatment providers.

  Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-25 (PDF p. 113); Ch. 3, 3-III.B, PHA Policy, p. 3-25 (PDF p. 113))

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

  Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-25 (PDF p. 113))

• Any household member subject to a lifetime sex-offender registration requirement under a state program. The family can remove that person from the household to stay eligible.

  Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-25 (PDF p. 113); Ch. 3, 3-III.F Removal of a Family Member's Name from the Application, p. 3-35 (PDF p. 123))

Arrests

The plan states that PHAs may not use arrest records as the basis for denying admission. CMHA uses 'preponderance of the evidence' (more likely than not) as the standard for all admission decisions. Evidence of criminal activity 'includes, but is not limited to' conviction records.

Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.A Overview, p. 3-23 (PDF p. 111); Ch. 3, 3-III.F Criteria for Deciding to Deny Assistance, Evidence, PHA Policy, p. 3-32 (PDF p. 120); Ch. 3, 3-III.F, PHA Policy, p. 3-32 (PDF p. 120))

Evidence of rehabilitation and other mitigating factors

Except for mandatory denials, CMHA considers: how serious the case is, especially for other residents' safety or property; the effect of a denial on family members who were not involved; how far each family member took part or was at fault, including whether the person was a minor, a person with disabilities, or a victim of domestic violence, dating violence, sexual assault, stalking or human trafficking; and how long ago it happened, the person's age at the time, the family's recent history and the likelihood of good conduct in the future. For drug or alcohol abuse, CMHA considers rehabilitation, and the applicant must submit proof of current participation in, or completion of, a supervised rehab program, or other proof of rehabilitation. After weighing these factors, CMHA may decide case by case not to deny. A family can also stay eligible by removing the person who committed the crime from the application. The head of household must then certify that person will not visit, stay as a guest, or live in the unit. If the behavior is related to a disability, the family can ask for a reasonable accommodation.

Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.F Consideration of Circumstances, PHA Policy, p. 3-32 (PDF p. 120); Ch. 3, 3-III.F, PHA Policy, p. 3-32 (PDF p. 120); Ch. 3, 3-III.F, PHA Policy, p. 3-33 (PDF p. 121); Ch. 3, 3-III.D, PHA Policy, p. 3-28 (PDF p. 116); +2 more)

If CMHA plans to deny you because of a record

CMHA runs a criminal background check through local law enforcement on every adult household member. If the results are inconclusive, it asks for a fingerprint card and checks the National Crime Information Center (NCIC). It screens for lifetime sex-offender registration with the Dru Sjodin National Sex Offender database. If a criminal record or sex-offender registration makes the family look ineligible, CMHA first sends written notice of the proposed denial, with a copy of the record to the applicant and to the person the record is about. The family then has 10 business days to dispute the accuracy and relevance of the record. If the family does not respond, CMHA issues the denial. The family can still dispute the record in the informal review. The written denial goes out within 10 business days of the decision and explains the right to an informal review. The review request must be in writing and delivered in person or by first-class mail by close of business no later than 30 business days from the date of the denial. CMHA schedules the review and sends written notice within 30 business days of the request. The reviewer is someone other than the person who made or approved the decision, or that person's subordinate. The applicant can present written or oral objections. If the denial was discretionary, the reviewer weighs the Chapter 3 factors. CMHA mails the final decision within 10 business days of the review. A family that does not show up keeps the denial.

Deadline to ask for a review: In writing, delivered in person or by first-class mail, by close of business no later than 30 business days from the date of CMHA's denial of assistance

Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.E Screening, PHA Policy, p. 3-30 (PDF p. 118); Ch. 3, 3-III.G Notice of Eligibility or Denial, PHA Policy, p. 3-36 (PDF p. 124); Ch. 3, 3-III.G, PHA Policy, p. 3-36 (PDF p. 124); Ch. 16, 16-III.B Informal Reviews, Scheduling an Informal Review, PHA Policy, p. 16-12 (PDF p. 545); +3 more)

Also in the plan

CMHA does not do its own tenant-suitability screening for voucher holders and will not give landlords criminal history. Landlords run their own screening, which can include criminal activity that threatens the health, safety or property of others.

Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.E Screening for Suitability as a Tenant, PHA Policy, p. 3-31 (PDF p. 119); Ch. 3, 3-III.E, PHA Policy, p. 3-31 (PDF p. 119))

Also in the plan

Current voucher holders who want to move out of Cuyahoga County with their voucher (port out) must, according to CMHA's Portability page, have the head of household and every adult member present and pass a criminal background check.

Source: CMHA web page: Portability (Portability page, 'Porting-Out' requirements)

Also in the plan

Victims of domestic violence, dating violence, sexual assault, stalking or human trafficking: CMHA recognizes that a victim may have a bad history, such as a prior arrest record, caused by the abuse. An applicant can tell CMHA that their status as a victim is directly related to the reason for denial.

Source: CMHA HCV Administrative Plan (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.H Prohibition Against Denial of Assistance to Victims, PHA Policy, p. 3-37 (PDF p. 125))

Mandatory denials listed in the plan

• Any household member evicted from federally assisted housing in the last three years for drug-related criminal activity. CMHA will still admit the family if it can verify the person finished a CMHA-approved supervised drug rehabilitation program, or the person no longer lives in the household.

  Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B Required Denial of Admission, p. 3-22 (PDF p. 83); Ch. 3, 3-III.B, PHA Policy, p. 3-22 (PDF p. 83))

• Any household member currently using illegal drugs, meaning any use during the previous three months.

  Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-22 (PDF p. 83); Ch. 3, 3-III.B, PHA Policy, p. 3-22 (PDF p. 83))

• Reasonable cause to believe a household member's illegal drug use or alcohol abuse (current, or a pattern) may threaten other residents. Under this item the ACOP repeats the felony-conviction rule and says CMHA will also consider evidence from treatment providers.

  Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-23 (PDF p. 84); Ch. 3, 3-III.B, PHA Policy, p. 3-23 (PDF p. 84))

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

  Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-23 (PDF p. 84))

• Any household member subject to a lifetime registration requirement under a state sex-offender registration program. The family can remove that person to stay eligible.

  Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.B, p. 3-23 (PDF p. 84); Ch. 3, 3-III.F Removal of a Family Member's Name from the Application, p. 3-33 (PDF p. 94))

Arrests

The ACOP states that PHAs may not use arrest records as the basis for denying admission. CMHA uses 'preponderance of the evidence' (more likely than not) as the standard for all admission decisions.

Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.A Overview, p. 3-21 (PDF p. 82); Ch. 3, 3-III.F Criteria for Deciding to Deny Admission, Evidence, PHA Policy, p. 3-31 (PDF p. 92))

Evidence of rehabilitation and other mitigating factors

Except for mandatory denials, CMHA must consider the time, nature and extent of the conduct, including how serious the offense was. It also weighs: the effect on family members who were not involved; how far each member took part or was at fault, including whether the person was a minor, a person with disabilities, or a victim of domestic violence and related abuse; and how long ago it happened, the person's age at the time, recent history and the likelihood of good conduct. It also considers whether the family takes part in, or is willing to take part in, social-service or counseling programs. For drug or alcohol abuse, it considers rehabilitation, and the applicant must submit proof of participation in or completion of a supervised program, or other proof of rehabilitation. CMHA may decide case by case not to deny. A family may also remove the person who committed the crime from the application. The head of household then certifies that person will not visit or stay as a guest. If the behavior is related to a disability, the family can ask for a reasonable accommodation.

Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.F Consideration of Circumstances, p. 3-31 (PDF p. 92); Ch. 3, 3-III.F, PHA Policy, p. 3-32 (PDF p. 93); Ch. 3, 3-III.D, PHA Policy, p. 3-25 (PDF p. 86); Ch. 3, 3-III.F Removal of a Family Member's Name, PHA Policy, p. 3-33 (PDF p. 94))

If CMHA plans to deny you because of a record

CMHA runs criminal background checks through local law enforcement on all adult household members. If the results are inconclusive, it asks for a fingerprint card and checks NCIC. It also uses a private screening company and the Dru Sjodin National Sex Offender database. If a criminal record or sex-offender registration makes the family look ineligible, CMHA first sends written notice of the proposed denial, with a copy of the record to the applicant and to the person the record is about. The family has 10 business days to dispute the accuracy and relevance of the record. If the family does not respond, CMHA issues the denial. The family can still dispute the record at the informal hearing. To ask for an informal hearing, deliver a written request to CMHA by close of business no later than 14 calendar days from the date of the denial notice. CMHA schedules the hearing within 30 calendar days of the request. The hearing officer is someone other than the person who made or approved the decision, or that person's subordinate. The applicant can present written or oral objections. For discretionary denials, CMHA considers the hearing officer's recommendation when making the final decision. CMHA mails the decision, return receipt requested, within 10 business days of the hearing. Note: one sentence in the ACOP also says 'The decision of the person conducting the informal hearing is final.'

Deadline to ask for a review: In writing, delivered to CMHA by close of business no later than 14 calendar days from the date of CMHA's notification of denial of admission

Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.E Screening, PHA Policy, p. 3-28 (PDF p. 89); Ch. 3, 3-III.H Notice of Eligibility or Denial, PHA Policy, p. 3-36 (PDF p. 97); Ch. 3, 3-III.H, PHA Policy, p. 3-36 (PDF p. 97); Ch. 14, 14-I.B Informal Hearing Process, Scheduling an Informal Hearing, PHA Policy, p. 14-3 (PDF p. 459); +3 more)

Also in the plan

CMHA properties converted to Project-Based Rental Assistance (PBRA) under RAD use a separate Tenant Selection Plan with different, felony-focused rules. Covered: felony-level drug-related activity (three years); felony-level violent activity and other felony-level activity that threatens residents (three years after incarceration and/or release from court-ordered supervision, i.e., probation); and other criminal activity that threatens owners, property staff or CMHA staff and contractors (three years). Drug-related and violent activity must be at the felony level. 'Immediate vicinity' means within the building or within 0.5 miles of the unit. Ask which program a property is in before applying.

Source: CMHA Tenant Selection Plan for PBRA properties (HOTMA updates 5/31/24) (Ch. 6, 6-C Other Permitted Reasons for Denial of Admission, O/A Policy, p. 6-4 (PDF p. 43); Ch. 6, 6-C, O/A Policy, p. 6-4 (PDF p. 43); Ch. 6, 6-C, O/A Policy, p. 6-5 (PDF p. 44))

Also in the plan

Under the PBRA Tenant Selection Plan, an applicant denied for criminal activity can be reconsidered after a 'reasonable period': three years after incarceration or release from probation, whichever was more recent. The person submits a certification that they have not engaged in the activity during that period, with supporting documents from sources such as a probation officer, landlord, neighbors, social service agency workers and criminal records. The plan also lets the property consider the police report, witness statements, and whether charges were filed, dismissed, not prosecuted, or ended in acquittal.

Source: CMHA Tenant Selection Plan for PBRA properties (HOTMA updates 5/31/24) (Ch. 6, 6-C, O/A Policy, p. 6-5 (PDF p. 44); Ch. 6, 6-D Consideration of Circumstances, O/A Policy, p. 6-7 (PDF p. 46))

Also in the plan

Victims of domestic violence, dating violence, sexual assault, stalking or human trafficking: CMHA recognizes that a victim may have a bad history, such as a prior arrest record, caused by the abuse. The denial notice includes VAWA information, and CMHA asks applicants who want this protection to notify it within 14 business days.

Source: CMHA Public Housing ACOP (eff. 2025-01-01; Board-approved 2024-10-02) (Ch. 3, 3-III.G Prohibition Against Denial of Assistance to Victims, PHA Policy, p. 3-34 (PDF p. 95))