Chart Summarizing Criminal Record Bans in Government-Assisted Housing

BELOW IS A CHART THAT SUMMARIZES THE CRIMINAL RECORD-RELATED BANS IN GOVERNMENT-ASSISTED HOUSING.
(You can also find an overview on PG. 360 and detailed explanations beginning on PG. 364).

SUMMARY OF REQUIRED VS. ALLOWED CRIMINAL RECORD BANS IN GOVERNMENT-ASSISTED HOUSING

TYPE OF BAN

(Required vs. Allowed)

CONVICTION OFFENSE

LENGTH OF BAN

WHICH GOVERNMENT-ASSISTED HOUSING PROGRAMS THIS BAN APPLIES TO

WHO IT WILL AFFECT

HOW TO CHALLENGE THE BAN

(if it’s appropriate--consult a lawyer for legal advice!)

REQUIRED (“mandatory”)

Methamphetamine Production on Federally-Assisted Property

BANNED FOR LIFE

Federal government-assisted housing programs run by PHAs (public housing, voucher program, Section 8 moderate rehabilitation program)

Anyone living in the government-assisted household

If it’s a mistake, bring it to the PHA/owner’s attention and explain why the information is wrong.

If it’s not a mistake, ask for a review hearing and contact a housing attorney for help ASAP.*

Show mitigating circumstances & rehabilitation.

REQUIRED (“mandatory”)

Sex Offense Convictions requiring LIFETIME Registration

BANNED FOR LIFE

Most federal government-assisted housing programs (doesn’t apply to LIHTC and RD)

Anyone living in the government-assisted household

If you’re not required to register, tell the PHA/owner and explain that their information is wrong.

If you are required to register: Ask for a review hearing and contact a housing attorney for help ASAP.* Show:

1. You’re not required to register for life, just a limited period of time, so ban does not apply.

2. Ban does not apply to LIHTC or RD housing.

REQUIRED (“mandatory”)

Past eviction from federally-assisted property due to drug-related criminal activity

BANNED FOR 3 OR MORE YEARS (from date of eviction) unless person engaged in drug-related criminal activity successfully completes a supervised drug rehabilitation program OR circumstances leading to the eviction no longer exist.

Federal government-assisted housing programs run by PHAs (public housing, voucher program, Section 8 moderate rehabilitation program)

Anyone living in the government-assisted household (unless person who was engaged in drug-related activity completes a supervised drug rehabilitation program)

If it’s a mistake, bring it to the PHA/owner’s attention and explain why the information is wrong.

If it’s not a mistake, ask for a review hearing and contact a housing attorney for help ASAP.*

1. If the ban is more than 3 years, show it is unreasonably long b/c of mitigating circumstances & rehabilitation.

2. Ban does not apply to LIHTC or RD housing. Show mitigating circumstances & rehabilitation.

REQUIRED (“mandatory”)

Current illegal drug use

While it’s current

* BUT if the person stops using drugs, the PHA/owner could still reject you for a reasonable time after the illegal drug use—see permissive bans below.

ALL federal government-assisted housing

Anyone living in the government-assisted household

If it’s a mistake, bring it to the PHA/owner’s attention and explain why the information is wrong.

If it’s not a mistake, ask for a review hearing and contact a housing attorney for help ASAP.*

If person illegally using drugs is kicked out/incarcerated/ getting treatment, show mitigating circumstances & rehabilitation.

ALLOWED, BUT NOT REQUIRED (“permissive”)

Criminal activity that would harm the health, safety, or right of peaceful enjoyment to the government-assisted property by other residents, the property owner, or PHA staff or agents/contractors.

This applies to both convictions AND arrests that did not result in a conviction

The criminal activity must be “reasonably recent”

ALL federal government-assisted housing

Check the PHA policy

If it’s a mistake, bring it to the PHA/owner’s attention and explain why the information is wrong.

If it’s not a mistake, ask for a review hearing and contact a housing attorney for help ASAP.* Show:

1. Significant time has passed (not reasonably recent).

2. Does not pose a risk to other residents; doesn’t fall within the ban.

ALLOWED, BUT NOT REQUIRED (“permissive”)

Other drug-related criminal activity

The criminal activity must be “reasonably recent”

ALL federal government-assisted housing

Check the PHA policy

If it’s a mistake, bring it to the PHA/owner’s attention and explain why the information is wrong.

If it’s not a mistake, ask for a review hearing and contact a housing attorney for help ASAP.* Show:

1. Significant time has passed (not reasonably recent).

If the past drug crime is related to a past addiction, it may qualify for a disability and you should ask for a reasonable accommodation (see Appendix E, PG. 419.

ALLOWED, BUT NOT REQUIRED (“permissive”)

Violent criminal activity

The criminal activity must be “reasonably recent”

ALL federal government-assisted housing

Check the PHA policy

If it’s a mistake, bring it to the PHA/owner’s attention and explain why the information is wrong.

If it’s not a mistake, ask for a review hearing and contact a housing attorney for help ASAP.* Show:

1. Significant time has passed (not reasonably recent).

2. Mitigating circumstances & rehabilitation.

WARNING: Read carefully

In the chart above, we summarize four situations where a Public Housing Authority (PHA) and the owners of federal government-assisted housing MUST reject you under law based on particular types of convictions. BUT PLEASE NOTE: These required (“mandatory”) bans apply only to SOME types of federal government-assisted housing, but not ALL types. There are SOME government-assisted housing programs where these “required” bans do not apply. Also, some of these required bans will last for the rest of your life, but others are only temporary bans. SO READ CAREFULLY! Don’t assume the ban applies to you. Try to match your exact situation and conviction/criminal record with this chart to see how your criminal record will impact your ability to get into federal government-assisted housing. Refer back to PG. 360 for an overview of required vs. allowed bans.