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Miami-Dade County Department of Housing and Community Development (formerly Miami-Dade Public Housing and Community Development) Criminal Background Policy: Section 8 & Public Housing

Miami-Dade County. Runs: Section 8 vouchers and public housing.

Last updated: (housing authority documents checked)

Quick Answer

HCD's voucher (Section 8) and public housing plans both look back 5 years for felony convictions and 3 years for misdemeanors, counted from conviction to the start of screening. Both say HCD may deny permanently for violent felonies such as murder, arson and aggravated battery, sex-related crimes, and making meth in federally assisted housing. The voucher plan also lets drug-related, violent and threatening convictions within 5 years count.

Both plans say an arrest is not evidence of criminal activity, and arrests that ended without an admission of guilt may not be used. Juvenile records are excluded; sealed and expunged records are not mentioned. You have 30 days from the notice to request an informal review. Under County Ordinance 15-47, minor offenses such as having 20 grams or less of cannabis cannot be used. Public housing may give a preference to people in reentry programs.

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 HCD (formerly PHCD) screens criminal history

Based on Section 8 Administrative Plan for the Housing and Community Development (Formerly known as Public Housing and Community Development) – Housing Choice Voucher (BCC Adopted Date: May 6, 2025; Effective Date: July 1, 2025; Revised Date: July 18, 2025).

Look-back periods

Felony convictions (other than meth manufacturing, sex-related crimes, felonious violent crimes, and Ordinance 15-47 offenses)within the last five (5) years from the date of conviction — measured from date of conviction, counted back from the start of formal eligibility screening

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.vi, p. 35; Ch. 2, 2.4.E.vii, p. 35)

Misdemeanor convictions (other than Ordinance 15-47 civil-violation misdemeanors, which cannot be used)within the last three (3) years from the date of conviction — measured from date of conviction, counted back from the start of formal eligibility screening

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.vi, p. 35; Ch. 2, 2.4.E.vii, p. 35; Ch. 2, 2.4.E.viii, p. 35)

Drug-related, violent, and threatening non-violent criminal activity (e.g., disturbing the peace, burglary, larceny, robbery, vandalism, bribery, fraud), after an individualized assessmentconvicted within 5 years — measured from date of conviction (plan says 'convicted within 5 years')

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.ix, p. 35; Ch. 2, 2.4.E.ix(1), pp. 35-36; Ch. 2, 2.4.E.ix(2), p. 36; Ch. 2, 2.4.E.ix(3), p. 36)

Felonious violent crimes (murder, arson, aggravated felony battery), sex-related crimes, meth manufacturingno time limit (may permanently deny)

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.vi, p. 35)

Eviction from subsidized housing / involuntary termination from an assistance programfive (5) years — measured from end of participation

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.ii, p. 33)

Mandatory denials listed in the plan

Arrests

Citing PIH Notice 2015-19, the plan says an arrest is not evidence of criminal activity that can support a denial or termination; arrests that ended in dismissal, nolle prosse, completed diversion/deferred judgment, no action, acquittal, or any resolution without an admission of guilt may not be used. HCD may act on the conduct underlying an arrest only if it shows the person is unsuitable for tenancy and HCD gathers sufficient evidence (e.g., police report, witness statements).

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.v, p. 34; Ch. 2, 2.4.E.v, p. 35)

Sealed, expunged and juvenile records

The plan does not mention sealed or expunged records. It says criminal background checks exclude juvenile records (minors are checked only if tried as adults).

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.i, p. 33)

Evidence of rehabilitation and other mitigating factors

Before sending a denial notice, HCD must do an individualized assessment weighing seriousness, effect on other family members, level of violence, time since conviction, number of convictions, the possibility of homelessness, and rehabilitation since conviction or release from prison. Examples of mitigating evidence: completing diversion/deferred judgment or supervised drug/alcohol rehabilitation; participation in social services or counseling; sustained change in behavior. The family must supply the documentation (at interviews, the informal review, or within the hearing officer's deadline). The family may also remove the offending member to be assisted.

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.v, p. 34; Ch. 2, 2.4.E.xiii, p. 38; Ch. 2, 2.4.E.xii, p. 37)

If HCD (formerly PHCD) plans to deny you because of a record

HCD must notify the household of the proposed rejection and reason, give a copy of the criminal record, and allow the household to dispute its accuracy and relevance. The denial letter names the affected family member and charge. Applicants request an informal review in writing (address/fax on the notice) within 30 days of the notice; it is conducted by an HCD hearing officer who did not make the decision; the hearing officer must verify documents such as proof of rehabilitation; a written decision is issued, when feasible, within 30 calendar days. Participants facing termination get an informal hearing.

Deadline to ask for a review: 30 days from the date of the notice

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.xi, p. 36; Ch. 29, 29.2.C.4, p. 135; Ch. 29, 29.2.D.1, p. 135; Ch. 29, 29.2.E.1, p. 135; +1 more)

Also in the plan

Stated policy goal: helping ex-offenders get housing while balancing resident safety; HCD will not add criminal-history restrictions beyond federal law, regulations and this policy. Criminal checks are run at admission and annual re-examinations.

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.v, p. 34; Ch. 2, 2.4.E.ix, p. 36)

Also in the plan

Live-in aides can be denied if screening shows a pattern of arrests within the last 10 years for drug or violent criminal activity (a stricter, arrest-based standard than for applicants).

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 5, 5.5.B, p. 55)

Also in the plan

Emergency Housing Voucher (EHV) applicants: only criminal activity within the previous 12 months (violent or threatening) is a permissive ground for denial.

Source: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 33 (EHV), p. 186)

Also in the plan

Day-to-day HCV administration is contracted to Nan McKay and Associates, with county oversight.

Source: Miami-Dade HCD – Section 8 (HCV) web page (Program Components section)

Public housing: how HCD (formerly PHCD) screens criminal history

Based on Housing and Community Development Admissions and Continued Occupancy Policy (ACOP) (BCC Adopted Date: May 6, 2025; Effective Date: July 1, 2025).

Look-back periods

Felony convictions (other than meth manufacturing, sex-related crimes, felonious violent crimes, and Ordinance 15-47 offenses)within the last five (5) years from the date of conviction — measured from date of conviction, counted back from the start of formal eligibility screening

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4(f), p. 43)

Misdemeanor convictions (other than Ordinance 15-47 civil-violation misdemeanors, which cannot be used)within the last three (3) years from the date of conviction — measured from date of conviction, counted back from the start of formal eligibility screening

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4(f), p. 43; Ch. III, Sec. I.4(g), p. 44)

Felonious violent crimes, sex-related crimes, meth manufacturingno time limit (may permanently deny)

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4(e), p. 43)

Mandatory denials listed in the plan

  • May permanently deny (plan's wording): meth manufacturing on federally assisted premises; lifetime sex-offender registration; felonious violent criminal activity (murder, arson, aggravated felony battery, sex-related crimes not subject to lifetime registration).

    Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4(e), p. 43)

  • Shall deny if any household member was evicted from subsidized housing or involuntarily terminated from an assistance program (5 years from end of participation).

    Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I, p. 41)

Arrests

Same as HCV: an arrest is not evidence of criminal activity; arrests resolved without an admission of guilt (dismissal, completed diversion, acquittal, etc.) may not result in denial. HCD may act on underlying conduct only with sufficient evidence that the person is unsuitable for tenancy.

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4(c), p. 43; Ch. III, Sec. I.4(d), p. 43)

Sealed, expunged and juvenile records

Not addressed for sealed/expunged records. Criminal background checks exclude juvenile records.

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I, p. 41)

Evidence of rehabilitation and other mitigating factors

Same individualized assessment as HCV (seriousness, effect on family, level of violence, time since conviction, number of convictions, risk of homelessness, rehabilitation after conviction or release). The listed mitigating factors are not exclusive; examples include completed diversion/deferral programs and supervised drug or alcohol rehabilitation.

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4(b), p. 42; Ch. III, Sec. J.2, p. 45; Ch. III, Sec. J.3, p. 46)

If HCD (formerly PHCD) plans to deny you because of a record

HCD notifies the household of the proposed rejection and reason with a chance to dispute the record, and gives the family member a copy of the criminal record before or at the informal review. The informal review must be requested in writing (address/fax on the notice) within 30 calendar days of the notice; designated HCD staff hear testimony and evidence; the final decision is in writing within 30 calendar days.

Deadline to ask for a review: 30 calendar days from the date of the notice

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.6, p. 45; Ch. XI, Sec. A.3, p. 95; Ch. XI, Sec. A.6, p. 95; Ch. XI, Sec. A.7(a), p. 95; +1 more)

Also in the plan

Ban-the-box style rule: HCD does not ask about criminal history on the public housing application and does not require applicants to disclose conviction or arrest details (screening happens later).

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. A.3 'Criminal History', p. 23)

Also in the plan

HCD may create admission preferences for vulnerable populations, expressly including ex-offenders and felons who are part of a reentry program (discretionary, subject to resources).

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. II, Sec. D.6(h) 'Vulnerable Populations', p. 20)

Also in the plan

Stated policy: balance allowing ex-offenders to reunite with families in public housing against resident safety; no criminal-history restrictions beyond federal law, regulations and the ACOP.

Source: Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4, p. 42; Ch. III, Sec. I.4(j), p. 44)

Local fair-chance rules the plan mentions

Miami-Dade County Ordinance 15-47 (civil citations for certain misdemeanors)

Under Miami-Dade County Ordinance 15-47 (civil citations), HCD may not deny or terminate housing for listed misdemeanors treated as civil violations: littering; illegal use of dairy cases/egg baskets/poultry boxes/bakery containers; trespass on property other than a structure or conveyance; retail theft by removal of a shopping cart; loitering or prowling; possession of 20 grams or less of cannabis; and possession of drug paraphernalia. Convictions for activity described in the ordinance are also excluded from the felony/misdemeanor lookback rules.

Sources: Section 8 Administrative Plan (eff. 2025-07-01, rev. 2025-07-18) (Ch. 2, 2.4.E.viii, p. 35; Ch. 2, 2.4.E.vi, p. 35); Admissions and Continued Occupancy Policy (eff. 2025-07-01) (Ch. III, Sec. I.4(g), p. 44)

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Frequently Asked Questions

How far back does HCD (formerly PHCD) look at criminal history for a Section 8 voucher?
Section 8 Administrative Plan for the Housing and Community Development (Formerly known as Public Housing and Community Development) – Housing Choice Voucher (BCC Adopted Date: May 6, 2025; Effective Date: July 1, 2025; Revised Date: July 18, 2025) lists these look-back periods — Felony convictions (other than meth manufacturing, sex-related crimes, felonious violent crimes, and Ordinance 15-47 offenses): within the last five (5) years from the date of conviction; Misdemeanor convictions (other than Ordinance 15-47 civil-violation misdemeanors, which cannot be used): within the last three (3) years from the date of conviction; Drug-related, violent, and threatening non-violent criminal activity (e.g., disturbing the peace, burglary, larceny, robbery, vandalism, bribery, fraud), after an individualized assessment: convicted within 5 years; Felonious violent crimes (murder, arson, aggravated felony battery), sex-related crimes, meth manufacturing: no time limit (may permanently deny); Eviction from subsidized housing / involuntary termination from an assistance program: five (5) years. Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
How far back does HCD (formerly PHCD) look at criminal history for public housing?
Housing and Community Development Admissions and Continued Occupancy Policy (ACOP) (BCC Adopted Date: May 6, 2025; Effective Date: July 1, 2025) lists these look-back periods — Felony convictions (other than meth manufacturing, sex-related crimes, felonious violent crimes, and Ordinance 15-47 offenses): within the last five (5) years from the date of conviction; Misdemeanor convictions (other than Ordinance 15-47 civil-violation misdemeanors, which cannot be used): within the last three (3) years from the date of conviction; Felonious violent crimes, sex-related crimes, meth manufacturing: no time limit (may permanently deny). Federal mandatory denials (such as lifetime sex-offender registration) apply regardless of time passed.
What can I do if HCD (formerly PHCD) denies my application because of my record?
HCD must notify the household of the proposed rejection and reason, give a copy of the criminal record, and allow the household to dispute its accuracy and relevance. The denial letter names the affected family member and charge. Applicants request an informal review in writing (address/fax on the notice) within 30 days of the notice; it is conducted by an HCD hearing officer who did not make the decision; the hearing officer must verify documents such as proof of rehabilitation; a written decision is issued, when feasible, within 30 calendar days. Participants facing termination get an informal hearing. Deadline: 30 days from the date of the notice.
Does HCD (formerly PHCD) consider rehabilitation or other mitigating evidence?
Before sending a denial notice, HCD must do an individualized assessment weighing seriousness, effect on other family members, level of violence, time since conviction, number of convictions, the possibility of homelessness, and rehabilitation since conviction or release from prison. Examples of mitigating evidence: completing diversion/deferred judgment or supervised drug/alcohol rehabilitation; participation in social services or counseling; sustained change in behavior. The family must supply the documentation (at interviews, the informal review, or within the hearing officer's deadline). The family may also remove the offending member to be assisted.

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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 HCD (formerly PHCD) for its current written policy, and contact legal aid or a fair housing organization if you are denied.

Sources