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

Mandatory denials listed in the plan

• Any household member subject to a lifetime sex offender registration requirement in any state where the housing is located or where a household member is known to have lived.

  Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.B, Denial of Assistance, PDF p. 95; Ch. 3, Part III, 3-III.B, PDF p. 95)

• Any household member convicted of drug-related criminal activity for producing methamphetamine in federally assisted housing.

  Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.B, Denial of Assistance, PDF p. 95; Ch. 3, Part III, 3-III.B, PDF p. 95)

• OHA's own list of mandatory denials contains only these two items. For discretionary criminal-activity denials, OHA's policy is to 'deny assistance based on mandatory criteria specified in Federal regulations' only.

  Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.D, Criminal Activity, OHA Policy, PDF p. 97)

Arrests

The HCV plan has no separate rule about arrests. Because OHA denies on criminal history only for the two federal mandatory bars, an arrest alone is not a listed ground for denial. Admission decisions use the preponderance of the evidence standard, and mandatory denials rely on criminal background check information from authorized sources. Any adverse decision based on criminal activity must be supported by sufficient evidence that the person engaged in it.

Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.F, Evidence, PDF p. 101; Ch. 3, Part III, 3-III.D, Criminal Activity, OHA Policy, PDF p. 97)

Sealed, expunged and juvenile records

The plan does not separately say how sealed or expunged records are handled. Its definition of 'Criminal History' (taken from Oakland's Fair Chance ordinance) covers arrests, convictions that were sealed, dismissed, expunged or otherwise made inoperative (e.g., under Penal Code 1203.4), and juvenile justice adjudications. That definition is part of the 'Criminal Background Check' concept OHA uses for denial decisions. The plan also says some drug-use offenses reduced to misdemeanors by Proposition 47 (2015) are not reported to or used by housing authorities in eligibility.

Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.A, Definitions, PDF p. 93; Ch. 3, Part III, 3-III.A, PDF p. 93)

Evidence of rehabilitation and other mitigating factors

OHA may consider how serious the case is, the effect on family members who were not involved, each member's level of participation or fault, how much time has passed, and, for drug or alcohol problems, whether the person is in or has completed a supervised rehabilitation program. A family may agree to remove the person whose conduct caused the problem. Under Oakland's Fair Chance ordinance (City notice posted by OHA), applicants can present rebutting or mitigating information, such as evidence that a record is wrong or was remedied.

Sources: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.F, Consideration of Circumstances, PDF p. 101; Ch. 3, Part III, 3-III.F, Removal of a Family Member, PDF p. 102); City of Oakland notice on the Fair Chance Access to Housing Ordinance (posted on OHA's website) (Page 2, Written Notice and Opportunity to Respond, PDF p. 2)

If OHA plans to deny you because of a record

If a criminal background check or sex offender registry information makes the applicant appear ineligible, OHA sends a written notice of proposed denial with a copy or summary of the criminal background information. The applicant has 10 business days to dispute its accuracy and relevance by requesting an informal review. If the applicant does not respond, OHA issues a final denial. OHA follows the Fair Chance ordinance's notice requirements: written reasons for denial and instructions for filing a complaint with the City, plus local legal services contacts. Requests for informal review must be in writing, delivered in person or by first-class mail. The reviewer cannot be the person who made or approved the decision, or that person's subordinate. The plan says the reviewer decides whether to grant or deny assistance, and that for discretionary denials OHA considers the reviewer's recommendation in making the final decision. The decision is mailed within 14 business days of the review.

Deadline to ask for a review: 10 business days (from OHA's notice of proposed denial / denial of assistance)

Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.G, OHA Policy, PDF p. 103; Ch. 3, Part III, 3-III.G, PDF p. 103; Ch. 3, Part III, 3-III.E, Screening for Eligibility, PDF p. 99; Ch. 16, Part III, 16-III.B, Scheduling an Informal Review, OHA Policy, PDF p. 464; +2 more)

Also in the plan

Fair-chance screening: OHA says it 'will not review criminal background check information' for its other denial criteria. It checks criminal history only for the federal mandatory bars. OHA's own accredited police department runs the checks, using CLETS (California) and NCIC. Before checking, OHA tells applicants it will look only for history that requires mandatory denial under federal law, asks for written consent, and lets applicants who object withdraw their application.

Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.D, Previous Behavior, OHA Policy, PDF p. 97; Ch. 3, Part III, 3-III.E, Screening for Eligibility, OHA Policy, PDF p. 98)

Also in the plan

OHA does not give criminal history information to landlords. Landlords who rent to voucher holders must follow Oakland's Fair Chance Housing Ordinance when using criminal history, to the extent it does not conflict with state or federal law.

Source: OHA Administrative Plan, prior version (cover: 'Updated February 2025'); same wording in the current March 2026 plan (Ch. 3, Part III, 3-III.E, Screening for Suitability as a Tenant, PDF p. 100)

Also in the plan

MTW local program for people leaving incarceration: OHA's Local Housing Assistance Program, including the Sponsor-Based Housing Assistance Program (SBHAP), provides rental assistance through City of Oakland–contracted providers to people coming from homeless encampments, exiting the criminal justice system, or aging out of foster care. Applicants come by direct referral from the City-managed program, not the OHA waitlist. After a year of stable housing, OHA may offer participants the option to apply for a voucher if one is available.

Source: OHA FY 2027 MTW Annual Plan (Final) (Section IV, MTW Activity #10-06 (Local Housing Assistance Program), Description/Update, PDF p. 84; Section IV, MTW Activity #10-06, SBHAP, PDF p. 85)

Also in the plan

OHA's website says it screens for general program suitability by running criminal background screenings on every adult who will be on the lease.

Source: OHA Voucher Based Housing page (Voucher Based Housing page, Eligibility Screening)

Mandatory denials listed in the plan

• Any household member subject to a lifetime sex offender registration requirement in any state.

  Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.B, PDF p. 66)

• Any household member convicted of drug-related criminal activity for producing methamphetamine in federally assisted housing.

  Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.B, PDF p. 66)

• OHA's ACOP lists only these two mandatory denials, and its criminal-activity policy is to deny admission 'based on mandatory criteria specified in Federal regulations.'

  Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.B, OHA Policy, PDF p. 66; Ch. 3, Part III, 3-III.D, Criminal Activity, OHA Policy, PDF p. 68)

Arrests

OHA will not base a finding of disqualifying criminal activity on an arrest record. An arrest can trigger an investigation, and OHA may get the police report and consider the circumstances. Admission decisions use the preponderance of the evidence standard; mandatory denials use criminal background check information from authorized sources.

Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.E, Resources Used to Check Applicant Suitability, PDF p. 72; Ch. 3, Part III, 3-III.F, Consideration of Circumstances, OHA Policy, PDF p. 73; Ch. 3, Part III, 3-III.F, Evidence, PDF p. 73)

Sealed, expunged and juvenile records

The ACOP repeats the Fair Chance ordinance's definition of 'Criminal History': sealed, dismissed, expunged or otherwise inoperative convictions, and juvenile justice adjudications. It does not separately say how such records are treated. It also notes that some drug-use offenses reduced to misdemeanors by Proposition 47 are not reported to or used by housing authorities.

Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.A, Definitions, PDF p. 65; Ch. 3, Part III, 3-III.A, PDF p. 65)

Evidence of rehabilitation and other mitigating factors

OHA may consider how serious the case is, how much time has passed and the person's age at the time, recent history and likely future conduct, whether the conduct shows a real risk to safety or property, participation (or willingness to participate) in social services or counseling, and completion of drug/alcohol rehabilitation. A family may agree to remove the person whose conduct caused the problem. At the informal hearing, applicants can present evidence and claim mitigating circumstances.

Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.F, Consideration of Circumstances, OHA Policy, PDF p. 73; Ch. 3, Part III, 3-III.F, Consideration of Circumstances, PDF p. 73; Ch. 3, Part III, 3-III.F, Consideration of Circumstances, PDF p. 74; Ch. 3, Part III, 3-III.F, Removal of a Family Member, PDF p. 74; +1 more)

If OHA plans to deny you because of a record

If a criminal background check or sex offender registry information makes the applicant appear ineligible, OHA sends a written notice of proposed denial with a copy or summary of the criminal background information. The notice reminds the family of its right to bring a lawyer and gives referrals to local legal services. The applicant has 10 business days to dispute the information by requesting an informal review. Requests for an informal hearing must be in writing (in person or by first-class mail) within 10 business days of OHA's denial notice. OHA schedules the hearing within 10 business days of the request. The hearing officer is designated by the Department Director and cannot be the person who made the decision or that person's subordinate. The officer recommends granting or denying admission, and OHA may have the Executive Director or a designee review a denial recommendation and make the final decision.

Deadline to ask for a review: 10 business days from the date of OHA's notification of denial (written request, in person or by first-class mail)

Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.G, OHA Policy, PDF p. 75; Ch. 3, Part III, 3-III.G, PDF p. 75; Ch. 14, Part I, 14-I.B, Scheduling an Informal Hearing, OHA Policy, PDF p. 333; Ch. 14, Part I, 14-I.B, OHA Policy, PDF p. 333; +1 more)

Also in the plan

OHA's own accredited police department runs most criminal background checks on all adult household members. Before checking, OHA tells applicants it will look only for criminal history that requires mandatory denial under federal law, asks for written consent, and lets applicants who object withdraw their application.

Source: OHA Admissions and Continued Occupancy Policy (Updated and Approved March 2026) (Ch. 3, Part III, 3-III.E, Screening for Eligibility, OHA Policy, PDF p. 69; Ch. 3, Part III, 3-III.E, OHA Policy, PDF p. 70)

Also in the plan

All OHA waitlists (public housing, OAHPI project-based vouchers, Housing Choice Voucher) are currently closed.

Source: OHA Waitlists page (Waitlists page, Current Waitlist Status)