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

City and County of Denver. Runs: Section 8 vouchers and public housing.

Last updated: (housing authority documents checked)

Quick Answer

DHA's voucher (Section 8) plan sets no fixed number of years for drug-related, violent or threatening crimes; it looks at activity 'during a reasonable time before the admission.' It counts drug use or possession within 1 year. For public housing, DHA's two current documents disagree: the 2019 ACOP looks back 7 years, while the 2024 Tenant Selection Plan sets no fixed period but allows reconsideration after 3 years with no criminal activity.

The voucher plan says DHA may deny without an arrest or conviction if the evidence shows the activity happened. No plan mentions sealed or expunged records. Voucher applicants have 10 business days to request an informal review. For public housing, the ACOP says 10 business days and the Tenant Selection Plan says 14 calendar days. DHA sets aside 15 vouchers for its Community Re-Entry Program for people leaving Denver County Jail.

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 DHA screens criminal history

Based on Housing Choice Voucher Program Administrative Plan (The Housing Authority of the City and County of Denver) (November 2023 (cover date; no separate effective or board-approval date is printed)).

Look-back periods

Drug-related criminal activity, violent criminal activity, and other criminal activity threatening residents, neighbors, owners or staffNo fixed number of years. DHA may deny if the person 'is currently engaged in, or has engaged in during a reasonable time before the admission'. Each case is reviewed case by case.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4)(h), HCV Applicant Selection Criteria, p. 37, PDF p. 45; Ch. 3, Sec. 5(4)(h)(3)-(4), HCV Applicant Selection Criteria, p. 37, PDF p. 45; Ch. 3, Sec. 5(4), HCV Applicant Selection Criteria (criminal record review), p. 37, PDF p. 45)

Criminal activity threatening the health, safety or peaceful enjoyment of other residents or neighbors (denial ground list)No period stated; DHA uses a preponderance-of-evidence standard and does not require an arrest or conviction

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 9(f), Applicants May Be Denied HCV Assistance, p. 44, PDF p. 52)

Illegal use or possession of a controlled substancewithin one (1) year — measured from The plan gives two different starting points: Sec. 3.5 counts back one year from the date DHA notifies the applicant that it intends to deny assistance; Sec. 3.9(k) counts one year from the latest incident of illegal use or possession

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4)(f), HCV Applicant Selection Criteria, p. 36, PDF p. 44; Ch. 3, Sec. 9(k), Applicants May Be Denied HCV Assistance, p. 44, PDF p. 52)

Eviction from public housing or voucher programs for drug-related criminal activitythree-year period — measured from the date of such eviction

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4)(i), HCV Applicant Selection Criteria, p. 37, PDF p. 45)

Eviction from federally assisted housing (any reason)in the last three (3) years

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 9(i), Applicants May Be Denied HCV Assistance, p. 44, PDF p. 52)

Unlawful sexual behavior requiring registration under Colorado law (C.R.S. § 18-3-412.5), including sexually violent predatorsNo period stated. DHA lists it as information it will consider, separate from the federal lifetime-registration ban.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4)(d), HCV Applicant Selection Criteria, p. 36, PDF p. 44)

Fraud, bribery or other corrupt or criminal act in connection with any federal housing programNo period stated

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 9(d), Applicants May Be Denied HCV Assistance, p. 43, PDF p. 51)

Abusive or violent behavior (actual or threatened) toward DHA staff or residentsNo period stated

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 9(s), Applicants May Be Denied HCV Assistance, p. 45, PDF p. 53)

Emergency Housing Voucher (EHV) applicants only: violent criminal activity, and other criminal activity threatening residents or neighborswithin the previous 12 months

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 2, Sec. 18(4), Special Admission Program - Emergency Housing Vouchers, p. 25, PDF p. 33)

EHV applicants only: fraud, bribery or other corrupt or criminal act in connection with a federal housing programwithin the previous 12 months

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 2, Sec. 18(4), Special Admission Program - Emergency Housing Vouchers, p. 25, PDF p. 33)

Mandatory denials listed in the plan

  • Lifetime ban if any household member is subject to a lifetime sex-offender registration requirement under a state program ('Denied for Life').

    Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 9(u)(i), Applicants May Be Denied HCV Assistance, p. 45, PDF p. 53)

  • Lifetime ban for a conviction for manufacturing or producing methamphetamine in public housing or any federally assisted property ('Denied for Life'). The plan's selection-criteria section is broader: DHA 'will deny' an applicant convicted of manufacturing or producing meth in violation of any federal or state law, with no limit on where it happened.

    Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 9(u)(ii), Applicants May Be Denied HCV Assistance, p. 45, PDF p. 53; Ch. 3, Sec. 5(4)(a), HCV Applicant Selection Criteria, p. 36, PDF p. 44)

  • Eviction from public housing, Indian housing, Section 23 or any voucher program for drug-related criminal activity bars the household for 3 years from the eviction date. DHA may waive this if the person completed a DHA-approved rehabilitation program or the circumstances no longer exist (e.g., the person is no longer in the household).

    Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4)(i), HCV Applicant Selection Criteria, p. 37, PDF p. 45)

  • Illegal drug use or alcohol abuse that gives DHA reasonable cause to believe it may interfere with other tenants' health, safety or peaceful enjoyment is listed as a screening ground. The HCV plan does not restate the federal 'must deny' wording for current illegal drug use.

    Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4)(g), HCV Applicant Selection Criteria, p. 36, PDF p. 44)

Arrests

An arrest or conviction is not required. DHA may deny if the 'preponderance of evidence' shows a family member engaged in drug-related, violent or other threatening criminal activity, 'regardless of whether' the person was arrested or convicted. The plan does not say that an arrest alone is not enough.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4)(a), HCV Applicant Selection Criteria, p. 36, PDF p. 44; Ch. 3, Sec. 9(f), Applicants May Be Denied HCV Assistance, p. 44, PDF p. 52)

Evidence of rehabilitation and other mitigating factors

DHA says it reviews criminal records case by case and considers 'all relevant factors' for one or more incidents. It may consider how serious the case was, how much each family member took part or was at fault, and how denial would affect family members who were not involved. Considering mitigating circumstances does not guarantee admission. DHA may ask the applicant to submit a Request for Accommodation to decide whether a mitigating circumstance counts as a disability-related reasonable accommodation. The plan also says DHA may waive these admission prohibitions if the person shows DHA they no longer illegally use controlled substances or abuse alcohol and have completed, or are taking part in, a supervised drug or alcohol rehabilitation program, or have otherwise been rehabilitated. The plan does not list specific documents applicants should submit.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 5(4), HCV Applicant Selection Criteria (criminal record review), p. 37, PDF p. 45; Ch. 3, Sec. 5(4), HCV Applicant Selection Criteria (criminal record review), p. 38, PDF p. 46; Ch. 3, Sec. 5(4)(h), HCV Applicant Selection Criteria, p. 37, PDF p. 45; Ch. 3, Sec. 5(4)(h)(i)-(iii), HCV Applicant Selection Criteria, p. 37, PDF p. 45)

If DHA plans to deny you because of a record

DHA sends a written denial notice that states the reasons and every ground it will rely on, and explains the right to an informal review. The applicant must ask for the informal review in writing within 10 business days of being notified of the denial. DHA then schedules the review within 30 days of receiving the request. The Review Officer is a DHA staff member who did not make the decision and is not that person's subordinate. Before the review the applicant may examine relevant DHA documents, and may bring a lawyer or other representative, witnesses and evidence. DHA mails a written decision within 10 business days after the review. The HCV plan does not say whether DHA gives the applicant a copy of the criminal record before denying.

Deadline to ask for a review: 10 business days from the date the applicant is notified that the application was denied (request must be in writing)

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 10(2), Notification of Denials, p. 46, PDF p. 54; Ch. 7, Sec. 1(a), Informal Review - Application Stage, p. 98, PDF p. 106; Ch. 7, Sec. 1(b), Informal Review - Application Stage, p. 98, PDF p. 106; Ch. 7, Sec. 1(c), Informal Review - Application Stage, p. 98, PDF p. 106; +5 more)

Also in the plan

Re-entry preference: the Community Re-Entry Program (CRP) serves Denver residents leaving Denver County Jail after serving time for misdemeanors. DHA sets aside 15 vouchers for people in CRP case management.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 2, Sec. 19(9), Local Preferences - Re-Entry Program, p. 28, PDF p. 36)

Also in the plan

DHA's local-preference referral list also names an 'Open Door Youth – Re-entry Program' and a 'Second Chance' program. The plan does not describe them further.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 2, Sec. 19, Local Preferences list, p. 29, PDF p. 37)

Also in the plan

Emergency Housing Vouchers (EHV, for people who are homeless or at risk of homelessness) use narrower rules. DHA treats alcohol and drug-possession offenses separately from crimes against persons, and the criminal-activity look-back is limited to the previous 12 months.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 2, Sec. 18(4), Special Admission Program - Emergency Housing Vouchers, p. 25, PDF p. 33)

Also in the plan

Passing DHA's screening does not guarantee a unit: voucher holders must also meet the private landlord's own tenant-selection criteria.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 3, Sec. 9, NOTE, p. 45, PDF p. 53)

Also in the plan

DHA may run criminal-history checks on current participants at any time, and a voucher can be terminated based on what they show.

Source: DHA Housing Choice Voucher Program Administrative Plan (cover: 'November 2023') (Ch. 4, Sec. 35, Criminal/Credit Checks, p. 71, PDF p. 79)

Also in the plan

Getting a voucher: DHA's HCV list is filled by an annual online lottery. DHA's website says it did not draw any names from the HCV lottery in 2025 or 2026 because of limited federal funding. The 2027 lottery closed September 18, 2026.

Sources: DHA web page: Housing (Housing Choice Vouchers); DHA web page: Housing Choice Voucher lottery (Important Information About Voucher Availability; Lottery status banner)

Public housing: how DHA screens criminal history

Based on Admission and Continued Occupancy Policy (ACOP) (12/13/2019 (date printed on cover, Housing Management Dept.)).

Look-back periods

Drug-related criminal activity, violent criminal activity, criminal activity threatening residents or DHA staff/contractors, and criminal sexual conduct (ACOP)within the past seven years

Source: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.C, Other Permitted Reasons for Denial - Criminal Activity, p. 1-18, PDF p. 19; Ch. 3, 3-III.C, Criminal Activity, p. 1-18, PDF p. 19; Ch. 3, 3-III.C, Criminal Activity, p. 1-19, PDF p. 20)

Criminal activity involving physical violence to persons or property, or other criminal acts including drug-related activity (2024 Tenant Selection Plan)No fixed period stated (a 'history of criminal activity'). However, an applicant may ask DHA to reconsider a denial by showing no criminal activity 'for the preceding three (3) years'.

Source: DHA Tenant Selection Plan (posted Oct. 2024; file '2024.10.11-Tenant-Selection-Policy') (Sec. 1.5(d), Eligibility for Admission, p. 7, PDF p. 7; Sec. 1.9(7), Applicants May Be Denied Based on the Following, p. 15, PDF p. 15; Sec. 1.10(2)(c), Notification of Denials, p. 17, PDF p. 17)

Eviction from federally assisted/subsidized housing for drug-related criminal activitythe last three (3) years — measured from the date of the eviction (per the Tenant Selection Plan)

Sources: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.A, Required Denial of Admission, p. 1-17, PDF p. 18); DHA Tenant Selection Plan (posted Oct. 2024; file '2024.10.11-Tenant-Selection-Policy') (Sec. 1.9(13), Applicants May Be Denied Based on the Following, p. 15, PDF p. 15)

Fraud, bribery or other corrupt or criminal act in connection with any federal housing programNo period stated

Source: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.C, Previous Behavior, p. 1-19, PDF p. 20)

Violent or abusive behavior (actual or threatened) toward DHA personnelNo period stated

Source: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.C, Previous Behavior, p. 1-19, PDF p. 20)

Mandatory denials listed in the plan

Arrests

DHA decides admissions under a 'preponderance of the evidence' standard. The ACOP lists records of 'arrests (with additional documentation)' as possible evidence of criminal activity, and says a conviction gets more weight than an arrest or an eviction. The ACOP also recognizes that a domestic-violence victim may have a prior arrest record and that VAWA protections can apply.

Source: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.C, Criminal Activity, p. 1-19, PDF p. 20; Ch. 3, 3-III.E, Criteria for Deciding to Deny Admission - Evidence, p. 1-20, PDF p. 21; Ch. 3, 3-III.F, VAWA, p. 1-21, PDF p. 22)

Evidence of rehabilitation and other mitigating factors

Outside the mandatory denials, DHA may consider all relevant circumstances: the time, nature, extent and seriousness of the conduct, and factors suggesting good future conduct. The 2024 Tenant Selection Plan says mitigating circumstances must be verifiable. Its examples are evidence of rehabilitation, taking part in (or being willing to take part in) social-service or counseling programs, and efforts to increase family income. A family can also be admitted by removing the household member responsible for the criminal activity. That person may not visit or stay as a guest and may be placed on DHA's barred list. Applicants with disabilities can ask for a reasonable accommodation.

Sources: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.E, Consideration of Circumstances, p. 1-21, PDF p. 22; Ch. 3, 3-III.E, Removal of a Family Member's Name from the Application, p. 1-21, PDF p. 22; Ch. 3, 3-III.E, Reasonable Accommodation, p. 1-21, PDF p. 22); DHA Tenant Selection Plan (posted Oct. 2024; file '2024.10.11-Tenant-Selection-Policy') (Sec. 1.5, Mitigating Circumstances, p. 8, PDF p. 8; Sec. 1.5, p. 8, PDF p. 8)

If DHA plans to deny you because of a record

If an applicant appears ineligible, DHA notifies the family in writing of the proposed denial. On request, DHA gives a copy of the record to the applicant and to the person it is about, and the family may dispute the record's accuracy and relevance. The denial notice states the reasons and the right to an informal hearing. The ACOP says the hearing must be requested in writing within 10 business days of the date the application was canceled, and DHA schedules it within 60 calendar days. The 2024 Tenant Selection Plan gives 14 calendar days instead. The Hearing Officer is a DHA staff member who did not make the decision and is not that person's subordinate. The applicant may bring a lawyer or representative, present evidence and cross-examine witnesses. A written decision is mailed within 10 business days after the hearing, and if the denial is overturned, processing resumes. Under the Tenant Selection Plan, an applicant may also ask DHA to reconsider by showing no criminal activity in the past 3 years.

Deadline to ask for a review: 10 business days from the date the application was canceled/denied (ACOP, 12/13/2019); the 2024 Tenant Selection Plan says 14 calendar days. Request in writing.

Sources: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.G, Notice of Eligibility or Denial, p. 1-21, PDF p. 22; Ch. 14, Part I, para. 1, p. 1-75, PDF p. 76; Ch. 14 (Grievances and Appeals), Part I, Grievance Procedures for Public Housing Applicants, p. 1-75, PDF p. 76; Ch. 14, Part I, para. 3, p. 1-76, PDF p. 77; +4 more); DHA Tenant Selection Plan (posted Oct. 2024; file '2024.10.11-Tenant-Selection-Policy') (Sec. 1.11(3), Informal Hearing Process, p. 17, PDF p. 17; Sec. 1.10(2)(b), Notification of Denials, p. 17, PDF p. 17; Sec. 1.10(2)(c), Notification of Denials, p. 17, PDF p. 17; Sec. 1.11(6), Informal Hearing Process, p. 18, PDF p. 18)

Also in the plan

DHA has two current screening documents for public housing that do not match: the 2019 ACOP and the 2024 Tenant Selection Plan. The Tenant Selection Plan covers DHA's public housing developments (Addendum 3) and differs on the look-back (7 years in the ACOP versus a 'history of criminal activity' plus 3-year reconsideration), the sex-offender and meth bars, and the hearing-request deadline.

Sources: DHA Tenant Selection Plan (posted Oct. 2024; file '2024.10.11-Tenant-Selection-Policy') (Sec. 1.34, Order of Precedence, p. 36, PDF p. 36; Addendum 3, p. 39, PDF p. 39; Sec. 1.10(2)(c), Notification of Denials, p. 17, PDF p. 17); DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.C, Other Permitted Reasons for Denial - Criminal Activity, p. 1-18, PDF p. 19)

Also in the plan

The Tenant Selection Plan refers to a separate 'Procedure Regarding Notice of Applicant's Criminal Record'. That procedure is not posted in DHA's document library.

Source: DHA Tenant Selection Plan (posted Oct. 2024; file '2024.10.11-Tenant-Selection-Policy') (Sec. 1.5, p. 9, PDF p. 9)

Also in the plan

DHA checks criminal background for every adult household member, and may also run a national check for anyone who has lived in another county or state. The applicant cannot be charged for the check.

Sources: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 3, 3-III.D, Screening, p. 1-20, PDF p. 21); DHA Tenant Selection Plan (posted Oct. 2024; file '2024.10.11-Tenant-Selection-Policy') (Sec. 1.5(d), Eligibility for Admission, p. 7, PDF p. 7)

Also in the plan

DHA's public housing application process: the credit and criminal background check happens at the eligibility interview, after the applicant's name reaches the top of the interest list.

Source: DHA web page: Subsidized Housing (Apply to Subsidized Housing)

Also in the plan

After move-in, DHA may run criminal background checks on residents every year and use the results for lease enforcement and eviction. Barred persons and registered sex offenders are not allowed as guests.

Source: DHA Admission and Continued Occupancy Policy (ACOP), Housing Management Dept., 12/13/2019 (Ch. 9 (Reexaminations), Criminal Background Checks, p. 1-67, PDF p. 68; Ch. 3, Part I, Guests, p. 1-13, PDF p. 14)

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Frequently Asked Questions

How far back does DHA look at criminal history for a Section 8 voucher?
Housing Choice Voucher Program Administrative Plan (The Housing Authority of the City and County of Denver) (November 2023 (cover date; no separate effective or board-approval date is printed)) lists these look-back periods — Drug-related criminal activity, violent criminal activity, and other criminal activity threatening residents, neighbors, owners or staff: No fixed number of years. DHA may deny if the person 'is currently engaged in, or has engaged in during a reasonable time before the admission'. Each case is reviewed case by case.; Criminal activity threatening the health, safety or peaceful enjoyment of other residents or neighbors (denial ground list): No period stated; DHA uses a preponderance-of-evidence standard and does not require an arrest or conviction; Illegal use or possession of a controlled substance: within one (1) year; Eviction from public housing or voucher programs for drug-related criminal activity: three-year period; Eviction from federally assisted housing (any reason): in the last three (3) years; Unlawful sexual behavior requiring registration under Colorado law (C.R.S. § 18-3-412.5), including sexually violent predators: No period stated. DHA lists it as information it will consider, separate from the federal lifetime-registration ban.; Fraud, bribery or other corrupt or criminal act in connection with any federal housing program: No period stated; Abusive or violent behavior (actual or threatened) toward DHA staff or residents: No period stated; Emergency Housing Voucher (EHV) applicants only: violent criminal activity, and other criminal activity threatening residents or neighbors: within the previous 12 months; EHV applicants only: fraud, bribery or other corrupt or criminal act in connection with a federal housing program: within the previous 12 months. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
How far back does DHA look at criminal history for public housing?
Admission and Continued Occupancy Policy (ACOP) (12/13/2019 (date printed on cover, Housing Management Dept.)) lists these look-back periods — Drug-related criminal activity, violent criminal activity, criminal activity threatening residents or DHA staff/contractors, and criminal sexual conduct (ACOP): within the past seven years; Criminal activity involving physical violence to persons or property, or other criminal acts including drug-related activity (2024 Tenant Selection Plan): No fixed period stated (a 'history of criminal activity'). However, an applicant may ask DHA to reconsider a denial by showing no criminal activity 'for the preceding three (3) years'.; Eviction from federally assisted/subsidized housing for drug-related criminal activity: the last three (3) years; Fraud, bribery or other corrupt or criminal act in connection with any federal housing program: No period stated; Violent or abusive behavior (actual or threatened) toward DHA personnel: No period stated. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
What can I do if DHA denies my application because of my record?
DHA sends a written denial notice that states the reasons and every ground it will rely on, and explains the right to an informal review. The applicant must ask for the informal review in writing within 10 business days of being notified of the denial. DHA then schedules the review within 30 days of receiving the request. The Review Officer is a DHA staff member who did not make the decision and is not that person's subordinate. Before the review the applicant may examine relevant DHA documents, and may bring a lawyer or other representative, witnesses and evidence. DHA mails a written decision within 10 business days after the review. The HCV plan does not say whether DHA gives the applicant a copy of the criminal record before denying. Deadline: 10 business days from the date the applicant is notified that the application was denied (request must be in writing).
Does DHA consider rehabilitation or other mitigating evidence?
DHA says it reviews criminal records case by case and considers 'all relevant factors' for one or more incidents. It may consider how serious the case was, how much each family member took part or was at fault, and how denial would affect family members who were not involved. Considering mitigating circumstances does not guarantee admission. DHA may ask the applicant to submit a Request for Accommodation to decide whether a mitigating circumstance counts as a disability-related reasonable accommodation. The plan also says DHA may waive these admission prohibitions if the person shows DHA they no longer illegally use controlled substances or abuse alcohol and have completed, or are taking part in, a supervised drug or alcohol rehabilitation program, or have otherwise been rehabilitated. The plan does not list specific documents applicants should submit.

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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 DHA for its current written policy, and contact legal aid or a fair housing organization if you are denied.

Sources