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Fort Worth Housing Solutions Criminal Background Policy: Section 8 & Public Housing

City of Fort Worth and Tarrant County, Texas. Runs: Section 8 vouchers and public housing.

Last updated: (housing authority documents checked)

Quick Answer

Fort Worth Housing Solutions (FWHS) applies a 5-year lookback measured from the date of the offense across both Section 8 vouchers and public housing for felony drug-related criminal activity, violent crimes (manslaughter, robbery, weapons offenses, assault, stalking), and 5-year patterns of drug, alcohol, theft, fraud, or burglary conduct. Murder, kidnapping, rape/sexual assault, indecency with a child, and arson result in denial unless an agency Vice President grants a discretionary exception, and anyone currently required to register on any state sex offender registry (not only lifetime registrants) is ineligible while registered.

FWHS also includes a formal Re-entry policy allowing people on Probation or Parole with active case management to reunite with immediate family in assisted housing, and permanent supportive housing applicants are screened only for HUD's two mandatory bans. Denied voucher applicants have 10 days from the withdrawal letter to request an informal review in writing; denied public housing applicants have 14 working days to request an informal hearing.

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))

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

Based on Fort Worth Housing Solutions (FWHS) Housing Choice Voucher Administrative Plan (including Addendum B — SEDACA Policy) (March 19, 2024).

Look-back periods

Felony drug-related criminal activity (manufacture, sale, distribution, or use of an illegal drug; possession with intent to manufacture, sell, or distribute; or eviction from federally assisted housing for drug-related activity)within the past five (5) years — measured from The five-year period begins on the date of the offense.

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Addendum B (SEDACA Policy), Sec. IV.C, PDF p. 111 (p. B-6); Addendum B (SEDACA Policy), Sec. VIII, PDF p. 116 (p. B-11))

Manslaughter, robbery, illegal firearm/deadly weapon offenses, assault/aggravated assault/assault by threat/stalking, or physical violence to persons or propertywithin five (5) years — measured from The five-year period begins on the date of the offense.

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Addendum B (SEDACA Policy), Sec. IV.D, PDF p. 112 (p. B-7); Addendum B (SEDACA Policy), Sec. IV.D(1)-(5), PDF p. 112 (p. B-7))

Pattern of continuing conduct/acts interfering with health, safety, or peaceful enjoyment (pattern of illegal controlled-substance use, alcohol abuse, theft/fraud, burglary/auto theft, threats/violence toward staff, or prostitution)over last 5 years history

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Addendum B (SEDACA Policy), Sec. IV.E, PDF p. 112 (p. B-7))

Termination or withdrawal under a previous tenancy with FWHS or another subsidized assistance program for fraud, criminal activity, or failure to repay a debt to FWHSwithin the last five years

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Ch. 4, Sec. 4.4.A.v, PDF p. 34)

Mandatory denials listed in the plan

Arrests

Conviction is not required to deny assistance under the SEDACA policy; FWHS may consider corroborating evidence prior to conviction, including police testimony, eyewitness testimony, the defendant's admission, and other documentation establishing a preponderance of evidence of guilt.

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Addendum B (SEDACA Policy), Sec. IV.D, PDF p. 112 (p. B-7))

Evidence of rehabilitation and other mitigating factors

Satisfactory evidence of rehabilitation may overcome a 5-year pattern denial or a drug-eviction denial. Accepted evidence includes: completion of a substance abuse rehabilitation program with no involvement for the past 12 months; negative drug tests for at least the past 12 months; certification by a parole or probation officer of current compliance; completion of a behavior modification/counseling course; or letters from social service agencies or case managers who have worked with the applicant for the past 12 months. FWHS also operates a formal Re-entry policy allowing ex-offenders under Probation and Parole supervision and active case management to reunite with family members (spouse, parent, grandparent, child, grandchild, or sibling of the head of household) if they do not require a larger bedroom size and did not commit a disqualifying crime.

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Addendum B (SEDACA Policy), Sec. IV.F, PDF p. 113 (p. B-8); Addendum B (SEDACA Policy), Sec. IV.F(4)-(6), PDF p. 113 (p. B-8); Addendum B (SEDACA Policy), Sec. V, PDF p. 113 (p. B-8); Addendum B (SEDACA Policy), Sec. V.A-B, PDF p. 114 (p. B-9))

If FWHS plans to deny you because of a record

When an application is withdrawn due to a criminal history report, FWHS provides a copy of the report with the withdrawal notice. Denied HCV applicants must request an informal review in writing within 10 days of the date of the withdrawal/denial notice. The review is conducted by a FWHS staff member who did not make or approve the decision and is not their subordinate. Applicants may submit written objections or request an appointment to present oral objections, and receive a written final decision.

Deadline to ask for a review: 10 days from the date of the withdrawal/denial letter or notice

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Ch. 4, Sec. 4.4.E, PDF p. 34; Ch. 11, Sec. 11.2.A.ii, PDF p. 71; Ch. 11, Sec. 11.2.A.iii, PDF p. 72)

Also in the plan

Chapter 3 states FWHS runs criminal background checks on household members 16 and older (including live-in aides), while Addendum B (SEDACA) refers to screening household members 18 and older. For permanent supportive housing programs with active case management, FWHS denies only for the two HUD mandatory bans (methamphetamine production on federally assisted property and current state sex offender registration).

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Ch. 3, Sec. 3.2.F, PDF p. 26; Addendum B (SEDACA Policy), Sec. IV.G, PDF p. 113 (p. B-8))

Public housing: how FWHS screens criminal history

Based on Fort Worth Housing Solutions Admissions and Continued Occupancy Policy (ACOP) (Revised March 2024).

Look-back periods

Eviction from housing for drug-related criminal activity (may admit if approved drug rehab completed or circumstances no longer exist)five (5) years from the date of an eviction — measured from date of eviction

Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Standard for Violation), PDF pp. 27-28 (pp. 2-12 to 2-13))

Any drug-related and other criminal activity that poses a threat to the health, safety, or right to peaceful enjoyment of the premises by other tenantsfive (5) years from the date of offense — measured from date of offense

Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Standard for Violation), PDF p. 28 (p. 2-13))

Fraud, bribery, or any other corrupt or criminal act in connection with any federal housing programin the last five (5) years

Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Standard for Violation), PDF p. 28 (p. 2-13))

Mandatory denials listed in the plan

  • Permanent denial for manufacturing or producing methamphetamine ('speed') on the premises of a federally assisted housing project; FWHS will not waive this requirement.

    Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Permanent Denial of Admission), PDF p. 28 (p. 2-13))

  • Permanent denial for any family member subject to a lifetime sex offender registration requirement; persons subject to sex offender registration for a term less than life are ineligible until the registration period expires.

    Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Prohibition on Persons Subject to Sex Offender Registration Requirement), PDF p. 28 (p. 2-13))

  • Reasonable cause to believe a person is illegally using a controlled substance (including medical marijuana) or abuses alcohol in a way that may interfere with the health, safety, or peaceful enjoyment of the premises by other tenants.

    Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Standard for Violation), PDF p. 28 (p. 2-13))

Arrests

The ACOP states that obtaining criminal history information includes any information concerning any arrest, conviction, or release from custody, as well as any criminal charges currently pending before Texas or federal courts.

Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Screening for Drug Abuse and Other Criminal Activity), PDF p. 23 (p. 2-8); Ch. 2, Sec. D.1 (Security and Criminal Background Check), PDF p. 24 (p. 2-9))

Evidence of rehabilitation and other mitigating factors

FWHS considers the time, nature, and extent of the applicant's conduct and verifiable mitigating circumstances, including evidence of successful rehabilitation, completion of social service or counseling programs approved by FWHS, and sustained modification of disqualifying behavior. Without substantial evidence of mitigating circumstances (including serving jail time and rehabilitation), FWHS will not admit persons engaging in criminal activity.

Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 2, Sec. D.1 (Screening Applicants Who Claim Mitigating Circumstances), PDF p. 29 (p. 2-14); Ch. 2, Sec. D.1 (Examples of Mitigating Circumstances), PDF p. 29 (p. 2-14))

If FWHS plans to deny you because of a record

Ineligible public housing applicants receive a written Notice of Denial of Admission stating the reason and offering an informal hearing. The applicant must submit a written request for an informal hearing within 14 working days from the date of the ineligibility notification. FWHS holds the hearing within 30 working days before an impartial hearing officer (not the decision-maker or a subordinate), and mails a written decision within 10 working days of the hearing.

Deadline to ask for a review: 14 working days from the date of the notification of ineligibility

Source: FWHS Admissions and Continued Occupancy Policy (Revised March 2024) (Ch. 13, Sec. B (Appeals by Applicants), PDF p. 148 (p. 13-2); Ch. 13, Sec. B (Appeals by Applicants), PDF p. 149 (p. 13-3))

Also in the plan

Under the SEDACA policy (Addendum B of the HCV Plan, which also covers Public Housing), public housing applicants are also screened for any other criminal activity defined as a felony by local law enforcement.

Source: FWHS Housing Choice Voucher Administrative Plan (March 19, 2024) (Addendum B (SEDACA Policy), Sec. III.A(3), PDF p. 109 (p. B-4))

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Frequently Asked Questions

How far back does FWHS look at criminal history for a Section 8 voucher?
Fort Worth Housing Solutions (FWHS) Housing Choice Voucher Administrative Plan (including Addendum B — SEDACA Policy) (March 19, 2024) lists these look-back periods — Felony drug-related criminal activity (manufacture, sale, distribution, or use of an illegal drug; possession with intent to manufacture, sell, or distribute; or eviction from federally assisted housing for drug-related activity): within the past five (5) years; Manslaughter, robbery, illegal firearm/deadly weapon offenses, assault/aggravated assault/assault by threat/stalking, or physical violence to persons or property: within five (5) years; Pattern of continuing conduct/acts interfering with health, safety, or peaceful enjoyment (pattern of illegal controlled-substance use, alcohol abuse, theft/fraud, burglary/auto theft, threats/violence toward staff, or prostitution): over last 5 years history; Termination or withdrawal under a previous tenancy with FWHS or another subsidized assistance program for fraud, criminal activity, or failure to repay a debt to FWHS: within the last five years. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
How far back does FWHS look at criminal history for public housing?
Fort Worth Housing Solutions Admissions and Continued Occupancy Policy (ACOP) (Revised March 2024) lists these look-back periods — Eviction from housing for drug-related criminal activity (may admit if approved drug rehab completed or circumstances no longer exist): five (5) years from the date of an eviction; Any drug-related and other criminal activity that poses a threat to the health, safety, or right to peaceful enjoyment of the premises by other tenants: five (5) years from the date of offense; Fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program: in the last five (5) years. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
What can I do if FWHS denies my application because of my record?
When an application is withdrawn due to a criminal history report, FWHS provides a copy of the report with the withdrawal notice. Denied HCV applicants must request an informal review in writing within 10 days of the date of the withdrawal/denial notice. The review is conducted by a FWHS staff member who did not make or approve the decision and is not their subordinate. Applicants may submit written objections or request an appointment to present oral objections, and receive a written final decision. Deadline: 10 days from the date of the withdrawal/denial letter or notice.
Does FWHS consider rehabilitation or other mitigating evidence?
Satisfactory evidence of rehabilitation may overcome a 5-year pattern denial or a drug-eviction denial. Accepted evidence includes: completion of a substance abuse rehabilitation program with no involvement for the past 12 months; negative drug tests for at least the past 12 months; certification by a parole or probation officer of current compliance; completion of a behavior modification/counseling course; or letters from social service agencies or case managers who have worked with the applicant for the past 12 months. FWHS also operates a formal Re-entry policy allowing ex-offenders under Probation and Parole supervision and active case management to reunite with family members (spouse, parent, grandparent, child, grandchild, or sibling of the head of household) if they do not require a larger bedroom size and did not commit a disqualifying crime.

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

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