San Diego Housing Commission Criminal Background Policy: Section 8 & Public Housing

Mandatory denials listed in the plan

• Lifetime sex-offender registration under a state program.

  Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. E.3 Grounds for Denial or Termination (Other reasons), Admin Plan p. 124)

• Conviction for manufacturing or producing methamphetamine on the premises of federally assisted housing - permanent denial. The plan's list of other denial reasons also covers any meth manufacturing/production conviction 'in violation of any federal or state law'.

  Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. E.2 Mandatory Denial and Termination, Admin Plan p. 121; Ch. 12, Sec. E.3 (Other reasons), Admin Plan p. 124)

• Illegal use of a controlled substance (including medical or recreational marijuana, even with a medical marijuana card) by a household member or guest, shown by a preponderance of the evidence.

  Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. F.2 Denial of Participation and Termination of Assistance, Admin Plan p. 124)

• Alcohol abuse that interferes with the health, safety, or peaceful enjoyment of other residents.

  Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. E.3 (Other reasons), Admin Plan p. 124)

Arrests

An arrest alone is not treated as proof that the person engaged in disqualifying criminal activity, but it can trigger an investigation: SDHC may get the police report and consider witness or applicant statements, whether charges were filed, and whether they were dropped, dismissed, not prosecuted or ended in acquittal. Note, however, that the plan's five-year rule is written to cover people who were 'arrested, convicted or otherwise been determined to have engaged in' drug-related or violent criminal activity. The evidence standard is a preponderance of the evidence; police and court records, drug-raid documentation and arrest warrants are listed as credible evidence.

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. F.2, Admin Plan p. 125; Ch. 12, Sec. G.1 Required Evidence, Admin Plan p. 126)

Sealed, expunged and juvenile records

The Administrative Plan does not address sealed or expunged records. If the person responsible for a violation is a minor, SDHC may consider individual circumstances and may consult Juvenile Court officials.

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. H.2 Other Circumstances, Admin Plan p. 129)

Evidence of rehabilitation and other mitigating factors

SDHC has discretion to consider all circumstances, including the seriousness of the violation, each member's participation or culpability, the time since the violation, the family's more recent history and compliance, and the effect on family members who were not involved. It may continue or grant assistance if the person who engaged in the activity will not live in the unit, or offer a stipulated agreement with conditions. 'Consideration shall be given for applicants of special programs.'

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. H.2 Other Circumstances, Admin Plan p. 129)

If SDHC plans to deny you because of a record

Before denying admission based on a criminal record, SDHC notifies the person and gives an opportunity to dispute the record's accuracy and relevance; if it is not disputed, a denial notice is sent. Denied applicants receive a written Notice of Ineligibility with the reasons and the procedure and timeframe for requesting an Administrative Review (the plan leaves the deadline to the notice). The review is conducted by someone SDHC designates who did not make or approve the decision and is not that person's subordinate; the applicant can present written objections and SDHC notifies the decision in writing.

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. F.2, Admin Plan p. 125; Ch. 12, Sec. V.1 Administrative Review Procedures - Applicants, Admin Plan p. 136; Ch. 12, Sec. V.1, Admin Plan p. 136)

Also in the plan

People recently released from incarceration: if it has been more than five years since the drug-related or violent activity occurred, the family can be assisted under a stipulated agreement - any new such activity by a household member leads to a notice to terminate.

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. F.2, Admin Plan p. 125)

Also in the plan

Marijuana: SDHC treats medical or recreational marijuana use - even with a medical marijuana card - as illegal drug use, despite California law.

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. F.2, Admin Plan p. 124)

Also in the plan

The behavior of any household member or guest counts, whether or not the applicant knew about it.

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. F.2, Admin Plan p. 125)

Also in the plan

Homeless-initiative project-based vouchers: SDHC says it uses 'abundant discretion' on eligibility criteria, including criminal history.

Source: FY 2027 Section 8 Administrative Plan (Ch. 13 (Project-Based Voucher program), Admin Plan p. 159)

Also in the plan

Special programs with lighter criminal screening (MTW flexibilities): HUD-VASH - adults added to a veteran's household only need no violent or drug-related criminal activity in the two years before application; Emergency Housing Vouchers - only the mandatory meth and lifetime sex-offender bars; Monarch School Project (homeless families with a child at Monarch School) - criminal history not reviewed except sex-offender status and meth production in federally funded housing; Moving On Program - 'reduced criminal history requirements'.

Source: FY 2027 Section 8 Administrative Plan (Ch. 14, Sec. 2 Veterans Affairs Supportive Housing (VASH), Admin Plan p. 165; Ch. 14, Emergency Housing Vouchers - Restrictions on Denial of Assistance, Admin Plan p. 178; Ch. 14, Monarch School Project, Admin Plan p. 172; Ch. 14, Sec. 9 The Moving On Program, Admin Plan p. 174)

Also in the plan

Screening method: criminal history and sex-offender registry search on every adult (18+) household member and live-in aide, using a third-party source and the San Diego Police Department; records are destroyed within 30 days after the final decision.

Source: FY 2027 Section 8 Administrative Plan (Ch. 3, Sec. H Verification of Drug or Violent Criminal History, Admin Plan p. 33; Ch. 3, Sec. I Confidentiality of Criminal Records, Admin Plan p. 34)

Also in the plan

Once assisted, families must report in writing within 10 days if a member is arrested for drug-related or violent criminal activity, even without a conviction; a member incarcerated for drug-related or violent criminal activity triggers the termination process. SDHC also works with the San Diego Police Department, Sheriff's Office and HUD OIG through an Address Match Program.

Source: FY 2027 Section 8 Administrative Plan (Ch. 12, Sec. E.3 Family responsibilities, Admin Plan p. 122; Ch. 6, Absence Due to Incarceration, Admin Plan p. 81; Ch. 12, Sec. F.3 Address Match Program (AMP), Admin Plan p. 126)

Mandatory denials listed in the plan

• Eviction from federally assisted housing for drug-related criminal activity in the last 3 years. SDHC will admit the family if it verifies that the person completed a PHA-approved supervised drug rehabilitation program or no longer lives in the household.

  Source: Public Housing ACOP (Ch. 3, Sec. 3-III.B Required Denial of Admission, p. 62; Ch. 3, Sec. 3-III.B, SDHC Policy, p. 62)

• Current illegal drug use by a household member; SDHC treats any drug-related conviction within 3 years of application as disqualifying.

  Source: Public Housing ACOP (Ch. 3, Sec. 3-III.B, SDHC Policy, p. 62)

• Reasonable cause to believe a household member's illegal drug use or alcohol abuse (or pattern of either) may threaten other residents.

  Source: Public Housing ACOP (Ch. 3, Sec. 3-III.B, p. 63)

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

  Source: Public Housing ACOP (Ch. 3, Sec. 3-III.B, p. 63)

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

  Source: Public Housing ACOP (Ch. 3, Sec. 3-III.B, p. 63)

Arrests

An arrest record will not be the sole basis for denial or proof of disqualifying activity, and a conviction is given more weight than an arrest or eviction. An arrest may trigger an investigation (police report, witness statements, whether charges were filed, dropped, dismissed, not prosecuted or ended in acquittal). Criminal conduct is considered if it shows a demonstrable risk to safety or property. All admission decisions use a preponderance-of-the-evidence standard.

Source: Public Housing ACOP (Ch. 3, Sec. 3-III.D, p. 66; Ch. 3, Sec. 3-III.B, SDHC Policy, p. 63; Ch. 3, Sec. 3-III.F Consideration of Circumstances, p. 74; Ch. 3, Sec. 3-III.F Consideration of Circumstances, p. 75; +1 more)

Sealed, expunged and juvenile records

The ACOP does not address sealed, expunged or juvenile records. Among the factors SDHC weighs is the person's age at the time of the conduct.

Source: Public Housing ACOP (Ch. 3, Sec. 3-III.F Consideration of Circumstances, p. 74)

Evidence of rehabilitation and other mitigating factors

SDHC considers the seriousness of the case; the effect of denial on family members not involved; each member's culpability (including whether the person is a minor, has a disability, or is a victim of domestic violence); the time since the violation, the person's age then, and recent history; participation in or willingness to join social service or counseling programs; and, for drug or alcohol abuse, participation in or completion of supervised rehabilitation (evidence required). After weighing these factors SDHC may decide case by case not to deny. A family may also remove the culpable member from the application.

Source: Public Housing ACOP (Ch. 3, Sec. 3-III.D, p. 66; Ch. 3, Sec. 3-III.F Consideration of Circumstances, p. 74; Ch. 3, Sec. 3-III.F Consideration of Circumstances, p. 75; Ch. 3, Sec. 3-III.F, Removal of a Family Member's Name from the Application, p. 75)

If SDHC plans to deny you because of a record

If a criminal record or sex-offender registry information makes the family appear ineligible, SDHC notifies the family in writing of the proposed denial and gives a copy of the record to the applicant and to the person the record is about. The family has 10 business days to dispute the record's accuracy and relevance; otherwise SDHC issues the denial notice (the record can still be disputed at the informal hearing). A written request for an informal hearing must be delivered in person or by first-class mail by close of business no later than 10 business days from the date of the denial notice. SDHC schedules the hearing within 10 business days of the request. A Regional Supervisor or other SDHC representative who did not make or approve the decision (and is not that person's subordinate) conducts the hearing and makes a recommendation; SDHC makes the final decision and mails it (return receipt requested) within 10 business days. If the family does not appear, the denial stands.

Deadline to ask for a review: 10 business days from the date of SDHC's notification of denial of admission (written request delivered in person or by first-class mail, by close of business). Separately, 10 business days to dispute the criminal record after the proposed-denial notice.

Source: Public Housing ACOP (Ch. 3, Sec. 3-III.H Notice of Eligibility or Denial, p. 77; Ch. 3, Sec. 3-III.H, p. 77; Ch. 14, Sec. 14-I.B, Scheduling an Informal Hearing, p. 381; Ch. 14, Sec. 14-I.B, Conducting an Informal Hearing, p. 381; +1 more)

Also in the plan

SDHC's federal public housing program is small - 189 units in the City of San Diego - so most people with records will interact with SDHC through the Section 8 voucher program.

Source: Housing Authority presentation, Oct. 21, 2025 (Revised FY 2026 Admin Plan and ACOP) (Slide 7)

Also in the plan

SDHC runs criminal background checks through a third-party vendor for all adult household members and uses the Dru Sjodin National Sex Offender database.

Source: Public Housing ACOP (Ch. 3, Sec. 3-III.E Screening, p. 69)