New York City Housing Authority Criminal Background Policy: Section 8 & Public Housing

Mandatory denials listed in the plan

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

  Source: HCV Administrative Plan (eff. May 2026) (§ VII.A Mandatory Denial of Assistance, item 2, p. 15)

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

  Source: HCV Administrative Plan (eff. May 2026) (§ VII.A Mandatory Denial of Assistance, item 3, p. 15)

• A household evicted from federally assisted housing for drug-related criminal activity is ineligible for three years from the date of the eviction, unless NYCHA finds the evicted member completed a supervised drug rehabilitation program approved by NYCHA, or the evicted member is no longer in the household.

  Source: HCV Administrative Plan (eff. May 2026) (§ VII.C.1 Screening, p. 16; § VII.C.1(a), p. 16)

Evidence of rehabilitation and other mitigating factors

When deciding whether to deny admission because of criminal activity, NYCHA has discretion to consider all the circumstances: the seriousness of the activity, the extent of participation or culpability of individual household members, the length of time since the criminal activity, the household's more recent history, its record of compliance with program requirements, and the effect of denial on household members not involved. The plan does not list specific evidence applicants should submit.

Source: HCV Administrative Plan (eff. May 2026) (§ VII.E NYCHA Discretion, p. 17)

If NYCHA plans to deny you because of a record

A denied applicant gets an Ineligibility Notice at the eligibility interview stating the reason. The notice explains the right to an informal review and how to get one, and includes NYCHA's procedure and a Request for an Informal Review form. A review can be requested in person, by mail, by email, by phone or by video call. NYCHA holds informal reviews remotely by video conference or phone (in person if the applicant cannot take part remotely) and gives its written decision at the review. The Administrative Plan does not state a deadline for requesting the review; it is set out in the notice and form.

Source: HCV Administrative Plan (eff. May 2026) (§ VII.D.1 Notice of Denial of Assistance, p. 16; § VII.D.1, p. 16; § VII.D.2, p. 17)

Also in the plan

NYCHA runs criminal background checks and nationwide sex-offender checks on all HCV applicants aged 16 and older. Veterans Affairs Supportive Housing (VASH) applicants are exempt from the criminal background check.

Source: HCV Administrative Plan (eff. May 2026) (§ IV.B.4 Screening of Applicants, p. 9)

Also in the plan

NYCHA does not share its criminal-history results with landlords. Owners run their own tenant screening, so a voucher holder can still be screened separately by the landlord.

Source: HCV Administrative Plan (eff. May 2026) (§ VII.C.1, p. 16)

Also in the plan

NYCHA may also deny anyone on the application who was evicted from federally assisted housing for any reason in the last five years.

Source: HCV Administrative Plan (eff. May 2026) (§ VII.B item 2, p. 15)

Also in the plan

Families porting their vouchers into NYCHA also get criminal background and sex-offender checks, covering household members 16 and older.

Source: HCV Administrative Plan (eff. May 2026) (§ XXI Portability, p. 44)

Also in the plan

As of this check, NYCHA's Section 8 waitlist is closed to new applicants. Since August 1, 2025, NYCHA has paused voucher issuance to applicants on the general waitlist.

Source: NYCHA web page: Applying for Section 8 (Section 8 Waitlist is Closed; Temporary Pause in Voucher Issuance)

Mandatory denials listed in the plan

• Permanent bar if any household member was ever convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing.

  Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 3(f)(iii)(3), p. 23)

• Permanent bar if any household member is subject to lifetime registration under a state sex offender registration program.

  Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 3(f)(iii)(4), p. 23)

• Eviction from federally assisted housing for drug-related criminal activity bars the family for three years from the eviction date. Exceptions: the member completed a supervised drug rehabilitation program approved by NYCHA, or circumstances changed (for example, the member is imprisoned or has died).

  Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 3(f)(iii)(5), p. 23)

• Illegal drug use within the last six months: the family is ineligible until the earliest of (1) three years after the ineligibility finding, (2) written proof from a state-licensed drug treatment agency of 12 months drug-free plus a current clean toxicology report, or (3) NYCHA being convinced the person has stopped using and has been rehabilitated.

  Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 3(f)(iii)(6), p. 24)

Arrests

The ACOP's criminal ineligibility periods are based on convictions. Each period lasts only while the person has no further convictions or pending charges, so a pending charge can extend the period. The ACOP does not say whether an arrest alone can be grounds for denial, and it does not state an evidence standard.

Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 3(f)(v)(1), p. 26)

Evidence of rehabilitation and other mitigating factors

For unfavorable information, NYCHA considers the time, nature and extent of the conduct, the seriousness of the offense, and factors pointing to likely good future conduct, including evidence of rehabilitation or willingness to take part in social services or other programs. Before NYCHA makes a criminal-record denial, the applicant has 30 calendar days to dispute the record and submit evidence or documents showing favorable future conduct.

Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (App. C (TSAP), Screening for Suitability § iii Receipt of Unfavorable Information, p. 234; Ch. 3(f)(v), p. 25; Ch. 3(h)(ii), p. 29)

If NYCHA plans to deny you because of a record

Before denying admission, NYCHA must notify the household and give both the applicant and the subject of the record a copy of the criminal record, with a chance to dispute its accuracy and relevance. NYCHA mails Form 070.162 (Pending Ineligibility Notification) with the record, and the applicant has 30 calendar days to dispute it with a Customer Contact Center representative. A final Ineligibility Notification (Form 070.126) states the reason and gives 90 calendar days from the date of the letter to request an informal hearing. The applicant gets three chances to contest the decision: (1) an informal discussion at a walk-in center, with no appointment needed; (2) a pre-hearing conference, where NYCHA provides the documents and policies used; and (3) an informal hearing before NYCHA's Office of Impartial Hearings. The hearing officer must not have taken part in the original decision and can reverse it.

Deadline to ask for a review: 90 calendar days from the date of the ineligibility letter (30 calendar days to dispute the record before the denial is final)

Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 3(f)(iii)(1), p. 22; Ch. 3(h)(ii), p. 29; Ch. 3(g), p. 29; App. C (TSAP) § iv Notification of Ineligibility, p. 234; +4 more)

Also in the plan

Family Re-Entry Program: people leaving prison or jail can apply to join a family in NYCHA public housing for up to two years while receiving reentry services. To be eligible they must be 16 or older, show a pre-incarceration relationship with an authorized household member, and have been released within the past three years or have a set release date. Applications come through participating partner providers and are decided case by case by a screening committee. During the program the participant's income does not count toward rent, and case management is required for at least six months. NYCHA helps temporarily suspend any permanent exclusion or trespass ban. At the end, NYCHA runs a background check for new convictions before deciding whether the person can join the lease permanently.

Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 6, Family Re-Entry Program, p. 62; Ch. 6, Family Re-Entry Program § 1 Eligibility, p. 62; Ch. 6, Family Re-Entry Program § 2(b), p. 63; Ch. 6, Family Re-Entry Program § 3(a), p. 65; +3 more)

Also in the plan

Criminal-background and sex-offender screening covers all applicants and household members aged 16 and older. NYCHA keeps a list of the specific offenses it considers, in Appendix B (Ineligibility Dispositions). If a family falls into more than one ineligibility category, the longest period applies.

Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (Ch. 3(f)(iii)(1), p. 22; Ch. 3(f)(v)(1), p. 26; Ch. 3(f)(v), p. 25)

Also in the plan

The TSAP (ACOP Appendix C) words the felony and misdemeanor periods as running from when the person completed the sentence, not counting probation and parole. This matches the ACOP body.

Source: Admissions and Continued Occupancy Policy (eff. 2024-05-01, rev. 2026-05-01) (App. C (TSAP) § ii Specific Reasons for Denial of Admission, p. 231)