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Metropolitan Development and Housing Agency (Nashville) Criminal Background Policy: Section 8 & Public Housing

Metropolitan Government of Nashville and Davidson County, Tennessee. Runs: Section 8 vouchers.

Last updated: (housing authority documents checked)

Quick Answer

Nashville's Metropolitan Development and Housing Agency (MDHA) uses one of the shortest general lookback windows among major Southern housing authorities for Section 8 vouchers: 12 months for a single felony conviction or two or more misdemeanor convictions, and 3 years only if a household member has three or more total convictions (with at least one under 3 years old). Felony sex offenses have a 10-year lookback, while sex offenses involving a minor, lifetime sex-offender registration, and methamphetamine production are lifetime bans.

MDHA counts only final judgments of conviction — expunged, pardoned, reversed, or set-aside records are excluded, though applicants on post-trial diversion following a conviction must complete diversion or expunge the record first. Denied applicants have 10 business days from the written notice to present mitigating circumstances or request an informal review.

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 MDHA screens criminal history

Based on Metropolitan Development and Housing Agency Rental Assistance Administrative Plan (covering HCV, HCV Homeownership, SRO, Shelter Plus Care, and HCV Project-Based Assistance) (Effective January 1, 2025).

Look-back periods

Single conviction for a felony-related, alcohol-related, violent, or other criminal activityin the past twelve (12) months — measured from date of final judgment of conviction

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.8.E.1, PDF p. 28)

Two (2) or more misdemeanor drug-related, alcohol-related, violent, or other criminal convictionsin the past twelve (12) months — measured from date of final judgment of conviction

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.8.E.2, PDF p. 28)

Three (3) or more convictions (misdemeanor or felony) for drug-related, alcohol-related, violent, or other criminal activityone of which is less than three (3) years old — measured from date of final judgment of conviction

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.8.E.3, PDF p. 29)

Felony sex offense conviction (other than sex offenses involving a minor or lifetime registration)in the past ten (10) years — measured from date of final judgment of conviction

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.8.E.4, PDF p. 29)

Eviction from assisted housing because of drug-related criminal activity involving illegal manufacture, sale, distribution, or possession with intentwithin five years of the projected date of admission — measured from projected date of admission

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.8.I, PDF p. 29; Ch. 4, Sec. 4.8.I, PDF p. 30)

Mandatory denials listed in the plan

Arrests

MDHA's denial guidelines in Section 4.8.E require a 'criminal conviction,' defined as a final judgment on a verdict/finding of guilty, plea of guilty, or plea of nolo contendere. Arrests without conviction do not trigger the 12-month, 3-year, or 10-year conviction bars.

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.8.E footnote, PDF p. 29)

Sealed, expunged and juvenile records

Final judgments that have been expunged by pardon, reversed, set aside, or otherwise rendered nugatory are explicitly excluded from MDHA's definition of a criminal conviction. However, families with a member on post-trial diversion following a criminal conviction are not eligible until the terms of the diversion are met, the record is expunged, or the family otherwise becomes eligible.

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.8.E footnote, PDF p. 29)

Evidence of rehabilitation and other mitigating factors

In deciding whether to deny assistance, MDHA may consider all circumstances in each case, including the seriousness of the case, the extent of participation or culpability of individual family members, and the effects of denial on uninvolved family members. For controlled-substance use or alcohol abuse within the past year, MDHA considers whether the household member has completed or is participating in a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully.

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 15, Sec. 15.2.D, PDF p. 118; Ch. 15, Sec. 15.2.D.1-3, PDF p. 118)

If MDHA plans to deny you because of a record

Applicants notified of waiting-list removal or denial have 10 business days from the date of the written notice to present mitigating circumstances or request an informal review. The informal review is conducted by a person designated by MDHA who did not make or approve the decision under review (and is not their subordinate). The applicant may present written or oral objections, and MDHA issues a written final decision within 14 calendar days after the review.

Deadline to ask for a review: 10 business days from the date of the denial notice

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 4, Sec. 4.9, PDF p. 30; Ch. 15, Sec. 15.2.A & C, PDF pp. 117-118; Ch. 15, Sec. 15.2.C.3, PDF p. 118)

Also in the plan

Upon request of a prospective landlord, MDHA will share factual or third-party written information it has regarding a voucher holder's history of complying with material lease terms or any history of drug trafficking. Also note that MDHA converted its public housing portfolio to Project-Based Rental Assistance (RAD PBRA), where residents can request a tenant-based Choice Mobility HCV after 24 months.

Source: MDHA Rental Assistance Administrative Plan (Effective Jan. 1, 2025) (Ch. 3, Sec. 3.2.F, PDF p. 22; Ch. 4, Sec. 4.2.2, PDF p. 25)

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Frequently Asked Questions

How far back does MDHA look at criminal history for a Section 8 voucher?
Metropolitan Development and Housing Agency Rental Assistance Administrative Plan (covering HCV, HCV Homeownership, SRO, Shelter Plus Care, and HCV Project-Based Assistance) (Effective January 1, 2025) lists these look-back periods — Single conviction for a felony-related, alcohol-related, violent, or other criminal activity: in the past twelve (12) months; Two (2) or more misdemeanor drug-related, alcohol-related, violent, or other criminal convictions: in the past twelve (12) months; Three (3) or more convictions (misdemeanor or felony) for drug-related, alcohol-related, violent, or other criminal activity: one of which is less than three (3) years old; Felony sex offense conviction (other than sex offenses involving a minor or lifetime registration): in the past ten (10) years; Eviction from assisted housing because of drug-related criminal activity involving illegal manufacture, sale, distribution, or possession with intent: within five years of the projected date of admission. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
What can I do if MDHA denies my application because of my record?
Applicants notified of waiting-list removal or denial have 10 business days from the date of the written notice to present mitigating circumstances or request an informal review. The informal review is conducted by a person designated by MDHA who did not make or approve the decision under review (and is not their subordinate). The applicant may present written or oral objections, and MDHA issues a written final decision within 14 calendar days after the review. Deadline: 10 business days from the date of the denial notice.
Does MDHA consider rehabilitation or other mitigating evidence?
In deciding whether to deny assistance, MDHA may consider all circumstances in each case, including the seriousness of the case, the extent of participation or culpability of individual family members, and the effects of denial on uninvolved family members. For controlled-substance use or alcohol abuse within the past year, MDHA considers whether the household member has completed or is participating in a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully.

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

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