Under the “catch-all” ban, can a Public Housing Authority (PHA) or owner of government-assisted housing deny my application because of the convictions of family members who live with me?
Yes. You can be excluded from federal government-assisted housing for the convictions of family members who are part of the current household.[1267]
If the person no longer lives with you, you should NOT be denied because of their convictions, but you may have to prove that he or she is not part of the household anymore.[1268]
What does “CURRENTLY POSING A THREAT” mean?
If you are denied government-assisted housing by a PHA or owner because of criminal activity that DOES NOT threaten anyone’s health, safety, peace, or property, then you have a strong argument to challenge the denial. Go to PG. 364 of this chapter to learn how. Many advocates argue that certain crimes—like prostitution, DUIs, & shoplifting—should not disqualify you because they do not pose any threat to others. The PHA or owner must base his/her decision to deny you on a “reasonable belief” that the criminal activity would threaten the health, safety, or right to peaceful enjoyment of others.