Housing Authority of Cook County Criminal Background Policy: Section 8 & Public Housing

Mandatory denials listed in the plan

• Any household member evicted from federally assisted housing in the last 3 years for drug-related criminal activity. HACC will still admit the family if it can verify the person completed a HACC-approved supervised drug rehabilitation program, or the person no longer lives in the household (the family must show the person's current address).

  Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.B Mandatory Denial of Assistance, p. 74; Ch. 3, 3-III.D, p. 76)

• Any household member currently engaged in illegal drug use. HACC defines 'currently engaged in' as any illegal drug use in the previous 12 months.

  Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.B, p. 74)

• Reasonable cause to believe a household member's current use or pattern of use of illegal drugs, or abuse or pattern of abuse of alcohol, may threaten other residents.

  Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.B, p. 74)

• Any household member ever convicted of methamphetamine production or manufacture. Section 3-III.D limits this to production on the premises of federally assisted housing. Section 3-III.B says 'in any location, not just federally assisted housing' (that sentence is missing the word 'methamphetamine'.

  Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.D, p. 77; Ch. 3, 3-III.B, p. 75)

• Any household member subject to a lifetime registration requirement under a state sex-offender registration program.

  Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.B, p. 75)

Arrests

HACC decides all admissions on a preponderance-of-the-evidence standard. For drug and alcohol 'reasonable cause' decisions, it considers convictions, 'conduct underlying arrests', and evictions, and gives a conviction more weight than an arrest. It also considers evidence from treatment providers or community organizations. The plan does not expressly say that an arrest alone cannot be the basis for denial.

Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.F Criteria for Deciding to Deny Assistance, Evidence, p. 79; Ch. 3, 3-III.B, p. 74)

Evidence of rehabilitation and other mitigating factors

Except for mandatory denials, HACC will 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 disabilities, or a survivor of domestic violence, dating violence or stalking); how long ago the violation happened; the family's recent history and likelihood of future good conduct; and, for drug or alcohol abuse, participation in or completion of supervised rehabilitation. HACC requires the applicant to submit evidence of rehabilitation. A family may also agree to remove the culpable member from the application as a condition of assistance.

Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.F, Consideration of Circumstances, p. 80; Ch. 3, 3-III.F, Removal of a Family Member's Name from the Application, p. 80)

If HACC plans to deny you because of a record

HACC runs a criminal background check on every household member 18 and older at admission. If a criminal record or sex-offender registration information makes the family appear ineligible, HACC first sends a written proposed denial with a copy of the record to the applicant and to the person the record is about. The family then has 15 business days to dispute its accuracy and relevance. If the family does not dispute in that window, HACC issues the denial; the family can still raise the dispute at the informal review. The denial notice is sent within 15 business days and states the reasons, the right to an informal review, and how to get one. The applicant must request the review in writing, delivered in person or by first-class mail, within 30 business days of the date of the denial. HACC schedules the review within 30 business days of the request and can hold it remotely. For discretionary denials, HACC considers the reviewer's recommendation in making the final decision, which is mailed within 15 business days of the review.

Deadline to ask for a review: In writing (in person or first-class mail), by close of business no later than 30 business days from the date of HACC's denial of assistance; before that, 15 business days from the proposed-denial notice to dispute the criminal record

Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.E Screening, p. 78; Ch. 3, 3-III.G Notice of Eligibility or Denial, p. 81; Ch. 3, 3-III.G, p. 81; Ch. 16, 16-III.B Informal Reviews, Scheduling an Informal Review, p. 375; +2 more)

Also in the plan

Re-entry Pilot Program: HACC gives preference vouchers to 50 formerly incarcerated people. Eligible participants may not technically pass HACC's criminal screening but have completed an appropriate recovery program. Cook County drug courts' 'second chance' program graduates can also be referred to HACC for a voucher.

Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 4, 4-III.B Selection and HCV Funding Sources, Special Initiative Program Funding, p. 102; Ch. 4, 4-III.B, Special Initiative Program Funding, p. 102)

Also in the plan

HACC does not screen for tenant suitability and will not share criminal history with landlords. Landlords do their own screening, which may include criminal activity.

Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.E, Screening for Suitability as a Tenant, p. 79)

Also in the plan

Inconclusive results: if a background check suggests past criminal activity but is inconclusive, HACC may ask for a fingerprint card and NCIC information. After admission, HACC may re-run criminal checks on adults every five years at recertification.

Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.E Screening, p. 78)

Also in the plan

HACC also denies HCV applicants if any family member committed fraud, bribery or another corrupt or criminal act in connection with any federal housing program. No time limit is stated.

Source: HACC HCV Administrative Plan (eff. 2025-01-01) (Ch. 3, 3-III.D, Previous Behavior in Assisted Housing, p. 77)

Mandatory denials listed in the plan

• Any household member evicted from federally assisted housing in the last 3 years for drug-related criminal activity. HACC will admit anyway if it verifies the person completed a HACC-approved supervised drug rehabilitation program, or the person no longer lives in the household.

  Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.B Required Denial of Admission, p. 3-16)

• Any household member currently engaged in illegal drug use. HACC defines 'currently engaged in' as any illegal drug use in the previous 12 months. Illinois-defined illegal drugs include cannabis, and medical marijuana users are barred from admission.

  Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.B, p. 3-18; Ch. 3, 3-III.B, p. 3-16)

• Reasonable cause to believe a household member's current illegal drug use or pattern of use, or abuse or pattern of abuse of alcohol, may threaten other residents.

  Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.B, p. 3-18)

• Any household member ever convicted of methamphetamine production or manufacture in any location, not only federally assisted housing. This is broader than the federal rule.

  Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.B, HACC Policy, p. 3-18)

• Any household member currently registered, or subject to registration, as a sex offender under any state requirement, including Illinois's 10-year registration, whether or not it is lifetime. This is broader than the federal lifetime-only rule.

  Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.B, HACC Policy, p. 3-18)

Arrests

HACC decides admissions on a preponderance-of-the-evidence standard. Evidence of criminal activity can include convictions, 'conduct underlying arrests' and evidence the person engaged in the conduct, and evictions for suspected drug-related or violent activity within the past 3 years. The ACOP does not say an arrest alone cannot be the basis for denial. It also uses prior arrests as a trigger for requesting drug-treatment-facility records.

Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.C, p. 3-19; Ch. 3, 3-III.E Criteria for Deciding to Deny Admission, Evidence, p. 3-24; Ch. 3, 3-III.D, Obtaining Information from Drug Treatment Facilities, p. 3-22)

Evidence of rehabilitation and other mitigating factors

At the eligibility interview, applicants can present information about criminal-background items that may no longer apply. The documents should clarify past circumstances and show positive changes in education, employment and/or volunteering, such as certificates of completion, diplomas or letters of recommendation. HACC also considers: seriousness; effects on uninvolved family members; culpability; time since the violation; recent history and likelihood of future good conduct; participation or willingness to participate in social service or counseling programs; and, for drug or alcohol abuse, rehabilitation, which the applicant must document. HACC may decide case by case not to deny.

Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.E, Evidence, p. 3-24; Ch. 3, 3-III.E, Consideration of Circumstances, p. 3-25)

If HACC plans to deny you because of a record

HACC runs criminal background checks through local law enforcement on all adult household members. If a criminal record or sex-offender registration information makes the family appear ineligible, HACC sends a written proposed denial with a copy of the record to the applicant and the subject of the record. The family has 10 business days to dispute its accuracy and relevance; a family that misses this window can still raise it at the informal hearing. HACC sends the denial within 10 business days of its determination, with the reasons and the right to an informal hearing. The request must be in writing, delivered in person or by first-class mail, within 30 calendar days of the denial notice. The hearing officer is someone other than the decision-maker or their subordinate. The applicant can present written or oral objections. The officer makes a recommendation, but HACC makes the final decision, mailed within 10 business days of the hearing.

Deadline to ask for a review: In writing (in person or first-class mail), by close of business no later than 30 calendar days from the date of HACC's notification of denial of admission; before that, 10 business days from the proposed-denial notice to dispute the criminal record

Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.D Screening, HACC Policy, p. 3-21; Ch. 3, 3-III.F Notice of Eligibility or Denial, HACC Policy, p. 3-26; Ch. 4, 4-III.E Final Eligibility Determination, p. 4-20; Ch. 14, 14-I.B Informal Hearing Process, Scheduling an Informal Hearing, p. 14-3; +2 more)

Also in the plan

Where federal law sets a fixed ban period, HACC says it may keep the ban in place longer.

Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.B, p. 3-16)

Also in the plan

Inconclusive background check: the household member must show proof that the inconclusive matter (e.g., an open case) has been resolved.

Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.D Screening, HACC Policy, p. 3-21)

Also in the plan

A family may be admitted by removing the culpable member from the application. The head of household must certify that the person will not visit or stay as a guest.

Source: HACC Public Housing ACOP (2023) (Ch. 3, 3-III.E, Removal of a Family Member's Name from the Application, p. 3-25)