Louisville Metro Housing Authority Criminal Background Policy: Section 8 & Public Housing

Mandatory denials listed in the plan

• Eviction from federally assisted housing for drug-related criminal activity within the past three years. LMHA's plan states the exception: it will admit an otherwise-eligible family if it can verify that the household member who engaged in the activity completed a PHA-approved supervised drug rehabilitation program, or that the person no longer lives in the household.

  Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.B (Mandatory Denial of Assistance), p. 52)

• Current illegal drug use, or reasonable cause to believe a household member's illegal drug use or alcohol abuse threatens others. LMHA defines "currently engaged in" as any illegal drug use in the previous three months. To decide reasonable cause it weighs all credible evidence, including convictions, arrests and evictions related to drugs or alcohol. An arrest record alone is not enough.

  Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.B (Mandatory Denial of Assistance), p. 52)

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

  Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.B (Mandatory Denial of Assistance), p. 52)

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

  Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.B (Mandatory Denial of Assistance), p. 52)

Arrests

An arrest alone is not a basis for denial. The plan lists convictions for drug-related or violent activity in the past three years as evidence. It also lists arrests for such activity in the same period, but says an arrest record will not be the sole basis for denial or the sole proof of disqualifying conduct. An arrest may trigger an investigation. LMHA may get the police report and consider witness statements, whether charges were filed, and whether they were dropped, dismissed, not prosecuted or ended in acquittal. The standard of proof is preponderance of the evidence (more probable than not).

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.A (Overview), p. 50; Ch. 3, Part III, 3-III.D (Other Permitted Reasons for Denial), p. 55; Ch. 3, Part III, 3-III.F (Criteria for Deciding to Deny Assistance), p. 58; Ch. 3, Part III, 3-III.F (Criteria for Deciding to Deny Assistance), p. 57)

Sealed, expunged and juvenile records

The HCV Administrative Plan does not mention sealed, expunged or juvenile records. LMHA runs a criminal background check on every adult household member. Whether the culpable family member is a minor is one of the factors it weighs.

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.E (Screening), p. 57; Ch. 3, Part III, 3-III.F (Criteria for Deciding to Deny Assistance), p. 58)

Evidence of rehabilitation and other mitigating factors

Before deciding, LMHA weighs: the seriousness of the case and its effect on other residents' safety or property; the effect of denial on uninvolved family members; each member's level of involvement, including whether the person is a minor, has a disability or is a domestic-violence victim; and how long ago the violation happened, including the person's age at the time, the family's recent history and the likelihood of good conduct in the future. Criminal conduct counts only if it shows a demonstrable risk to safety or property. For drug or alcohol cases, LMHA requires evidence of current participation in or completion of supervised rehabilitation, or of otherwise successful rehabilitation. LMHA may decide case by case not to deny. A family may also remove the culpable member from the application. If a family member's disability caused the behavior, the family can ask for admission as a reasonable accommodation.

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.F (Criteria for Deciding to Deny Assistance), p. 58; Ch. 3, Part III, 3-III.D (Other Permitted Reasons for Denial), p. 55; Ch. 3, Part III, 3-III.F (Removal of a Family Member's Name from the Application), p. 59; Ch. 3, Part III, 3-III.F (Reasonable Accommodation), p. 59)

If LMHA plans to deny you because of a record

If a criminal record or sex offender registry information makes a family look ineligible, LMHA sends written notice of the proposed denial. It gives 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 record's accuracy and relevance. After that, LMHA issues the denial notice. A family that did not dispute before the denial letter can still do so in the informal review. A written request for an informal review must reach LMHA in person or by first-class mail within 10 business days of the denial. LMHA schedules the review within 10 business days of the request. The reviewer cannot be the person who made or approved the decision, or that person's subordinate. The applicant can present written or oral objections. LMHA mails the final decision within 10 business days of the review.

Deadline to ask for a review: 10 business days from the date of the PHA's denial of assistance (request in writing, in person or by first-class mail); separately, 10 business days from the proposed-denial notice to dispute the criminal record

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.G (Notice of Eligibility or Denial), p. 59; Ch. 16, Part III, 16-III.B (Informal Reviews), p. 527; Ch. 16, Part III, 16-III.B (Informal Review Decision), p. 530)

Also in the plan

Less-than-lifetime sex offender registration: LMHA asks applicants about it and checks the Dru Sjodin National Sex Offender database. Before denying on that basis, it must give the applicant and the person on the registry a copy of the record and a chance to dispute its accuracy and relevance.

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.E (Screening), p. 57)

Also in the plan

LMHA also denies applicants when a family member has engaged in or threatened violent or abusive behavior toward PHA staff. No time limit is stated. The same case-by-case consideration of factors applies.

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 3, Part III, 3-III.D (Previous Behavior in Assisted Housing), p. 56)

Also in the plan

Emergency Housing Vouchers (EHV) and Stability Vouchers (SV) for people who are homeless or at risk: LMHA uses narrower screening, decided on individualized assessment in consultation with the Continuum of Care. It may deny only for violent criminal activity, or activity threatening other residents or neighbors, in the previous 12 months, plus housing-program fraud or abuse of PHA staff in the previous 12 months. It will not deny EHV or SV applicants for drug-related criminal activity or for a federally assisted housing eviction in the last five years. Drug possession is considered separately from crimes against persons.

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 19, Part V (Emergency Housing Vouchers), 19-VII.IV.C (PHA Screening), p. 776; Ch. 19, Part V (Emergency Housing Vouchers), 19-VII.IV.C (PHA Screening), p. 777; Ch. 19, Part V (Emergency Housing Vouchers), 19-VII.IV.C (PHA Screening), p. 778; Ch. 19, Part IV (Stability Voucher Program), 19-VI.E (Family Eligibility), Mandatory/Permissive Denials, p. 758; +1 more)

Also in the plan

HUD-VASH vouchers for homeless veterans: LMHA's only screening is the mandatory lifetime sex-offender registration bar, and the rest of the Chapter 3 denial policies do not apply. This covers all family members, not just the veteran.

Source: HCV Administrative Plan (eff. 5/1/2026; Board-approved 4/21/2026) (Ch. 19, Part II (HUD-VASH), 19-III.C (HCV Program Eligibility), Screening, p. 730; Ch. 19, Part II (HUD-VASH), 19-III.C (HCV Program Eligibility), Screening, p. 731)

Also in the plan

HCV waiting list: LMHA's website says the Section 8 application process has been on hold since July 1, 2024.

Source: LMHA web page: Rental Process and Eligibility (HCV) (Section 8 Rental Assistance Process, step 1)

Mandatory denials listed in the plan

• Lifetime sex offenders. LMHA checks lifetime registration in Kentucky and every other state through the Dru Sjodin National Sex Offender database (nsopw), and verifies any match with the jurisdiction that posted it.

  Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 29)

• Household members currently registered as sex offenders in any jurisdiction, whether or not the registration is lifetime. This is listed as a mandatory bar.

  Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 29)

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

  Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 29)

• Any household member currently illegally using a drug, meaning the use was recent enough to justify a reasonable belief that it is current. A member is also excluded if LMHA has reasonable cause to believe their illegal drug use or alcohol abuse may threaten other residents' health, safety or peaceful enjoyment.

  Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 29)

• Eviction from federally assisted housing for drug-related criminal activity: barred for five years from the date of the eviction, longer than the federal minimum of three years. LMHA may still admit the household if the evicted member completed an LMHA-approved supervised drug rehabilitation program, or if the circumstances behind the eviction no longer exist.

  Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 29; Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 30)

Arrests

LMHA will not deny public housing admission because of one or more prior arrests without a conviction. The ACOP says an arrest is not a reliable basis for judging risk to residents' safety or property.

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.2 (Standards for PHA Tenant Selection Criteria), p. 26)

Sealed, expunged and juvenile records

The ACOP does not mention sealed or expunged records. Background checks cover adult household members aged 18 and older, including live-in aides. In the ACOP's anti-drug provisions, "adult" also includes a minor convicted of a crime as an adult.

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.2 (Standards for PHA Tenant Selection Criteria), p. 27; Glossary, "Adult", p. 126)

Evidence of rehabilitation and other mitigating factors

LMHA does an individualized assessment and weighs the nature, severity and recency of the conduct. Relevant evidence includes: the facts and circumstances of the conduct; the person's age at the time; good tenant history before or after the conviction; and rehabilitation efforts. LMHA considers rehabilitation or its likelihood, and whether the family takes part in, or is willing to take part in, social service or counseling programs. It says it will make decisions with an understanding of the reentry needs of formerly incarcerated people and will be "as inclusive as possible" of people with criminal involvement. For drug or alcohol issues, LMHA may require proof of current participation in or completion of supervised rehabilitation. It may also admit the family if the culpable member is removed from the household.

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.2 (Standards for PHA Tenant Selection Criteria), p. 27; Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 30; Sec. 8.2 (Standards for PHA Tenant Selection Criteria), p. 29)

If LMHA plans to deny you because of a record

Before denying on a criminal record, LMHA must notify the household of the proposed action. It gives the applicant and the person the record is about a copy of the record and a chance to dispute its accuracy and relevance. The applicant has 30 calendar days to dispute in writing, or the denial goes ahead. Denials are reviewed by the Deputy Executive Director of Housing Programs or the Director of Property Management. The written denial notice gives the reasons and says the applicant may request an informal review in writing within 30 calendar days of the denial. The review is held by someone other than the decision-maker or their subordinate, and may be by mail, email, phone or video. The applicant may present written or oral objections. LMHA must send the final decision within 14 calendar days of the review.

Deadline to ask for a review: 30 calendar days of the denial (written request for informal review); 30 calendar days to dispute the criminal record in writing before denial

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 31; Sec. 8.4 (Informal Review), p. 31; Sec. 8.4 (Informal Review), p. 32)

Also in the plan

LMHA pays for the criminal background checks used in public housing screening. Results are kept confidential, seen only by staff with a job-related need, and destroyed once their purpose is served.

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 31)

Also in the plan

After move-in: at every recertification LMHA checks each adult against the Dru Sjodin sex offender database, and any adult currently on any registry will be evicted from the household. LMHA may also run criminal background checks at recertification. It may remove an adult whose conduct since joining the household would make them ineligible under current admission rules. The family gets a chance to dispute the information before an eviction.

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 15.0 (Recertifications), p. 89; Sec. 15.0 (Recertifications), p. 90)

Also in the plan

Other non-criminal bars that often affect people with records: anyone evicted for cause from LMHA-operated public housing in the past 5 years is denied.

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.2 (Standards for PHA Tenant Selection Criteria), p. 28)

Also in the plan

The ACOP says LMHA will watch for any discriminatory effect of its criminal-history policies, citing HUD's June 10, 2022 memo on Fair Housing Act standards for criminal records.

Source: Public Housing ACOP (eff. May 4, 2026) (Sec. 8.3 (Denial of Admission for Criminal Activity or Drug Abuse), p. 30)