What bans are allowed, but not legally required in government-assisted housing—the “catch-all” category of bans that apply to *all people with criminal records*?

For the many of you who do not fall into one of the required (“mandatory”) bans discussed above, it’s more likely you could get denied government-assisted housing because the Public Housing Authority (PHA) or the owner of the government-assisted housing has decided based on your criminal record that you currently “pose a risk to the health, safety, or right to peaceful enjoyment of the property by other residents, the owner, or the PHA staff or agents/contractors.”[1249]

This is a “catch-all” category and allows the PHA or owner of government-assisted property to deny applicants with criminal histories more generally. They are allowed to consider a lot of information, including past convictions (even convictions you had expunged); arrests (even those that never led to a conviction); and in some cases your drug treatment records. See PG. 379 for detailed information about what criminal records a Public Housing Authority (PHA) or owner of government-assisted property can access about you.

  1. 1249

    24 C.F.R. § 982.553