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?

The General Rule: In general, if you believe you were denied housing because of illegal access to your records, or because of incorrect or illegal information, you should IMMEDIATELY ask for a review hearing! A review hearing is an informal procedure in which you can present corrections to your record, evidence of rehabilitation, and other mitigating information (see PG. 371) to challenge a denial to government-assisted housing. Go to PG. 364 of this Chapter to learn about the procedure for challenging denials and how to request an informal review hearing.

Special Rule for the Public Housing & “Section 8” Housing Choice Voucher Programs: If you applied through a PHA for Public Housing or “Section 8” Housing Choice Vouchers, there is a special rule that says PHAs and owners of the government-assisted housing cannot take any “negligent or knowing action that is inconsistent with” the laws and regulations governing access to your criminal records.[1326] A negligent action is one where the PHA or owner of the government-assisted housing knew or should have known that their access to your records violated the law. A knowing action is one where the PHA or owner of the government-assisted housing actually knew that its access to your records violated the law.

A PHA or owner MAY BE LIABLE for negligence if they do any of the following:[1327]

    Improperly disclose a criminal record;
    Improperly use a consent form (a.k.a. a “release” form);
    Fail to notify you of the criminal history information collected;
    Fail to provide you with a copy of the information collected (whether you are an applicant or a current tenant); and/or
    Fail to allow you the right to dispute the information.

In this situation, it’s best to talk to a lawyer! You could recover attorney’s fees and other litigation costs as part of the relief you get in court.[1328] See the list of legal aid providers on PG. 1127 to contact an organization that may be able to provide you legal assistance.

  1. 1326

    42 U.S.C. § 1437d(q)(7).

  2. 1327

    The broad scope of the PHA’s or owner’s liability may provide leverage for an applicant harmed by the negligence. The threat of litigation costs and attorney’s fees may encourage settlement and the admission of the applicant.

  3. 1328

    42 U.S.C. § 1437d(q)(7); see also Rivers v. Housing Auth. of Contra Costa Cnty., No. CO5-04291 PJH (N.D. Cal., complaint filed Oct. 21, 2005) (illegal release of juvenile record); There is no equivalent language regarding fees and costs regarding negligent actions with respect to registered sex offenders.