Access to Your Criminal Records As You Apply For Government-Assisted Housing:

When you apply to PHAs and/or owners of government-assisted housing, they can research you to decide whether you should be accepted or rejected. To do this research, they are allowed to access different kinds of records. There are rules for how they can access and use these records, described below, so keep reading!

PLEASE NOTE: There are different rules for how PHAs and owners of federal government-assisted housing can access and use your criminal history records. In sum, the PHA can get more information about your criminal history than an owner of government-assisted housing. We will explain how each gets access to your criminal history information below.

  1. Your Rights When a Government-assisted Housing Provider Runs a Criminal Background Check

    1. What criminal records can a Public Housing Authority (PHA) access, and who gives the PHA my conviction records?

    2. Can a Public Housing Authority (PHA) require me to sign a release to get my criminal history information?

    3. If I am moving into government-assisted housing in a different city or county, can my current Public Housing Authority (PHA) share my criminal history records with the new PHA where I am applying?

    4. Can a Public Housing Authority (PHA) access my drug treatment records, and if so, under what circumstances?

    5. What can I do if a Public Housing Authority (PHA) violates my rights in accessing and using my drug treatment information?

    6. What can owners of federal government-assisted housing see? How do they get my criminal records?

    7. Can a Public Housing Authority (PHA) or owner of government-assisted housing get records of my arrests that didn't lead to convictions?

    8. Can a Public housing Authority (PHA) or owner of government-assisted housing get my juvenile records?

  2. Your Rights When a Government-assisted Housing Provider Runs a Criminal Background Check—The Rules They Must Follow

    1. What are tenant screening reports?

    2. Who conducts tenant screening checks & provides tenant reports to Public Housing Authorities (PHAs) & owners of government-assisted housing?

    3. Do you have to pay for a screening report? If so, how much does a report cost?

    4. What must a Public Housing Authority (PHA) or owner of government-assisted housing provide me with if it orders a background check/tenant report from a private background check company?

    5. Do I have any rights if a Public Housing Authority (PHA) or owner of government-assisted housing rejects my rental application because of a background check/ tenant report?

    6. What are my legal rights if a Public Housing Authority (PHA) or owner of government-assisted housing illegally accesses or uses my criminal record information?