Newark Housing Authority Criminal Background Policy: Section 8 & Public Housing

Mandatory denials listed in the plan

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

  Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, Criminal Background Checks and Denial of Assistance, p. 14; Ch. 2 Denial or Termination of Assistance, p. 62)

• Any household member subject to lifetime sex-offender registration in New Jersey or any other state where they are known to have lived.

  Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 14)

• A household member evicted from a federally assisted housing program for drug-related or violent criminal activity within the past three years. (A later section says five years for drug-related evictions; see lookbacks.)

  Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 14)

• Reasonable cause to believe a household member's illegal drug use or alcohol abuse may threaten others' health, safety or peaceful enjoyment.

  Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 14)

• Reasonable cause to believe a household member engaged, within the past three years, in other criminal activity that may threaten the owner, property management staff, or NHA employees, contractors or agents (listed among the 'must deny' grounds).

  Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 14)

Arrests

NHA denies when a preponderance of the evidence shows a family member engaged in the activity, whether or not the person was arrested or convicted. NHA will not rely solely on an arrest record.

Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 15)

Evidence of rehabilitation and other mitigating factors

Before final denial, NHA considers extenuating circumstances such as current or past participation in a rehabilitation program. The plan gives no other mitigation factors or evidence list.

Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 15)

If NHA plans to deny you because of a record

If a criminal record report is the basis for denial, NHA provides a copy of the record on request and lets the family dispute it. Ineligible families are notified by mail or email with the reason and may request an informal review within 10 business days of the notice date. The review is held by NHA-designated staff who did not make or approve the decision (and are not their subordinates), and NHA gives prompt written notice of the result. Written informal reviews (stating objections in writing instead of attending in person) are at NHA's discretion, with exceptions possible for elderly or disabled applicants.

Deadline to ask for a review: 10 business days from the date of NHA's notice

Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 15; Ch. 2 § IX, Notification of Ineligibility, p. 18; § XXVI Informal Reviews and Hearings, p. 69; § XXVI, p. 69; +1 more)

Also in the plan

NHA screens all adult household members (18 and older) through an independent vendor, using multi-state criminal background and sex-offender searches. All adult members must sign a release. Criminal records are kept and destroyed under New Jersey state law.

Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 § VI, p. 14)

Also in the plan

Fraud, bribery or other corrupt or criminal acts in connection with any federal housing program are also a discretionary ground for denial, with no time limit stated.

Source: NHA HCV Administrative Plan (eff. 2025-05-22) (Ch. 2 Denial or Termination of Assistance, p. 63)

Mandatory denials listed in the plan

• Any household member ever convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing. NHA asks about this on the initial application, even under the Fair Chance in Housing Act (FCHA) procedure.

  Sources: NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.B Required Denial of Admission, p. 3-23); NHA ACOP FY2025 Amendment, marked-up final (2025-05-16) (§ 5-I.E Conditional Offer of Housing under the FCHA, p. 5-6)

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

  Source: NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.B, p. 3-23)

• Eviction from federally assisted housing within the past three years for drug-related criminal activity. NHA will still admit if it can verify the member completed a supervised drug rehabilitation program approved by NHA, or the person no longer lives in the household.

  Source: NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.B NHA Policy, p. 3-22)

• A household member currently using illegal drugs, defined as any use during the previous three months.

  Source: NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.B NHA Policy, p. 3-22)

Arrests

Under the FCHA section of the FY2025 ACOP Amendment, NHA will never consider arrests or charges that did not result in a conviction, before or after a conditional offer. The January 2025 posted ACOP says arrests are never the sole basis for denial, but an arrest may trigger an investigation (police report, witness statements, how charges were resolved), and NHA may also consider records of convictions, arrests or evictions for suspected drug-related or violent activity within three years. Both versions use preponderance of the evidence as the standard.

Sources: NHA ACOP FY2025 Amendment, marked-up final (2025-05-16) (§ 5-I.E, p. 5-6); NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.F, p. 3-34; § 3-III.D, p. 3-25; § 3-III.F Evidence, p. 3-33)

Sealed, expunged and juvenile records

Under the FCHA section of the FY2025 ACOP Amendment, NHA will never consider expunged convictions, convictions erased by executive pardon, vacated or otherwise nullified convictions, juvenile adjudications of delinquency, or sealed records. The January 2025 posted ACOP does not address sealed or expunged records.

Source: NHA ACOP FY2025 Amendment, marked-up final (2025-05-16) (§ 5-I.E, p. 5-6)

Evidence of rehabilitation and other mitigating factors

NHA considers the seriousness of the case, the effect on uninvolved family members, each member's culpability, time since the violation (and the person's age then), recent history and likelihood of good conduct, participation in social services or counseling, and completion of drug or alcohol rehabilitation (proof required). Evidence of criminal conduct counts only if it shows a demonstrable risk to safety or property. A family can be admitted if it removes the culpable member from the application. Under the FCHA procedure, an applicant whose offer is being withdrawn can, within 10 days, offer evidence of rehabilitation and good conduct since the offense, and may submit such evidence at any time, even after the 10 days.

Sources: NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.F Consideration of Circumstances, p. 3-34; § 3-III.F, p. 3-34; § 3-III.F Removal of a Family Member's Name, p. 3-35); NHA ACOP FY2025 Amendment, marked-up final (2025-05-16) (§ 5-I.E, p. 5-7)

If NHA plans to deny you because of a record

Under the FCHA procedure, NHA asks only about the meth conviction and lifetime sex-offender registration before making a conditional offer; it reviews the criminal record only after the offer. It may withdraw the offer only if a preponderance of the evidence shows withdrawal is necessary to fulfill a substantial, legitimate, nondiscriminatory interest. If the offer is withdrawn, the applicant can get the materials NHA relied on, and has 10 days to dispute the record's relevance or accuracy and present mitigating evidence. Under the general ACOP notice rule, NHA sends written notice of a proposed criminal-record denial with a copy of the record, and allows 10 business days to dispute it (disputes can also be raised at the hearing). The informal hearing request must be in writing, delivered in person or by first-class mail, no later than 10 business days after the denial notice. A person not involved in the decision conducts it and recommends a result, and NHA makes the final decision.

Deadline to ask for a review: 10 business days from the date of NHA's notification of denial of admission (10 days to dispute after notice that a conditional offer is being withdrawn)

Sources: NHA ACOP FY2025 Amendment, marked-up final (2025-05-16) (§ 5-I.E, p. 5-6; § 5-I.E, p. 5-7); NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.H Notice of Eligibility or Denial, p. 3-38; § 3-III.H, p. 3-38; § 14-I.B Scheduling an Informal Hearing, p. 14-3; § 14-I.B Conducting an Informal Hearing, p. 14-3; +1 more)

Also in the plan

Screening tools: the January 2025 ACOP says NHA runs criminal background checks through local law enforcement on all adult household members and checks the Dru Sjodin National Sex Offender database. The FY2025 Amendment says checks are done through a third-party vendor as specified by the FCHA.

Sources: NHA ACOP FY2025 (eff. 2025-01-01, Board-approved 2024-10-17) (§ 3-III.E Screening, p. 3-28; § 3-III.E, p. 3-28); NHA ACOP FY2025 Amendment, marked-up final (2025-05-16) (§ 3-III.E Screening, p. 3-27)