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

Most owners of government-assisted housing—just like most private landlords—get your criminal records from background check reports (a.k.a. “tenant reports”) run by private background check companies (a.k.a. “tenant screening” companies), public records and Internet searches, or by asking you directly in your application or interview.

    Unlike PHAs, owners of government-assisted housing CANNOT get records about you directly from the National Crime Information Center, state and local police departments, or other law enforcement agencies.
    Also, owners of government-assisted housing CANNOT get your criminal records directly from the PHA. In fact, PHAs are not allowed to disclose information about your criminal conviction history to owners of government-assisted housing. If an owner wants details about your record, s/he must do his/her own research to get them (with one exception, see side box).[1308]

* THERE IS ONE EXCEPTION TO THIS RULE: Owners of Project-Based Section 8 housing (which is a government-assisted program where the financial subsidy for the housing stays with the unit, as opposed to the traditional Section 8 voucher that moves around with the person) can ask the PHA about your criminal history information BUT cannot get copies of the actual records from the PHA.[1309] The PHA may disclose information to the owner only to the extent necessary to help him/her decide whether you can be denied or evicted from the assisted housing unit.[1310] Lastly, if the PHA is screening your criminal history information for an owner of Project-Based Section 8 housing, the PHA must apply the property owner’s own policy, not the PHA’s policy, in making that determination.[1311] So if the owner doesn’t or can’t consider something, the PHA cannot either. In practice, Most owners of project-based Section 8 housing units are not using PHAs to obtain criminal history information; instead, these owners are using private background check companies to get information on applicants (see PG. 377 for more info on the rules governing tenant reports in California).[1312]

(3) Limits on Both Public Housing Authorities (PHAs) and Owners of Government-Assisted housing:

  1. 1308

    24 C.F.R. § 5.903(d); 42 U.S.C. § 1437d(q). ↑

  2. 1309

    42 U.S.C. § 1437d(q)(1)(B); 24 C.F.R. § 5.903(d); HUD Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-27(E)(4)(a); see also 42 U.S.C. § 13,663(b); 24 C.F.R. § 5.905 (2007) (sex offender registration information). ↑

  3. 1310

    24 C.F.R. §§ 5.903(e)(2)(i)(b), 5.905(b)(5). ↑

  4. 1311

    42 U.S.C. § 1437d(q)(1)(B); 24 C.F.R. § 5.903(d), (e), 5.905(b)(2)(ii); see also Screening and Eviction for Drug Abuse and Other Criminal Activity—Final Rule, H 2002-22 (HUD) (Oct. 29, 2002). ↑

  5. 1312

    See HUD Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4- 27(E)(4)(b) (rev. Nov. 2013) (referencing other types of screening services or sources of information that an owner may use); Screening and Eviction for Drug Abuse and Other Criminal Activity—Final Rule, H 2002-22 (HUD) (Oct. 29, 2002) (same). ↑