If I was denied government-assisted housing, how will I know the reason why?

If you were denied housing due to information that showed up in your criminal record, then the PHA also MUST give you a copy of the criminal record it used. This will help you to understand why you were denied.[1352]

Furthermore, if you are denied admission to federal government-assisted housing, you have the right to WRITTEN detailed notice of the denial—THIS SHOULD EXPLAIN THE SPECIFIC REASON(S) YOU WERE DENIED![1353] Sometimes, PHAs and owners will give you a general notice just telling you that you were denied, but not the specific conduct or offense that was the basis for the decision. If you get a general notice without the important details, you should ask for the detailed notice—which you have the right to! The PHA or owner of government-assisted housing MUST provide you with a detailed notice by law.[1354]

  1. 1352

    Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

  2. 1353

    42 U.S.C. § 1437d(c)(4) (public housing); 24 C.F.R. §§ 880.603(b)(2) (Section 8 new construction), 882.514(f) (Section 8 moderate rehabilitation), 960.208(a) (public housing), 982.201(f)(1) and 982.554(a) (voucher); HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-9(C)(1) (rev. November 2013); HUD, Public Housing Occupancy Guidebook, ¶ 4.9 and App. III (June 2003) (sample ACOP) (the ACOP and Notices are models; nevertheless, they should be persuasive); HUD, Voucher Program Guidebook, Housing Choice, 7420.10G, ¶ 5.7 (Apr. 2001) (voucher); Holmes v. N.Y. City Hous. Auth., 398 F.2d 262 (2d Cir. 1968) (PHA’s failure to inform applicants of denial or reasons violated due process); 7 C.F.R. §§ 3560.160(e), 3560.154(h) (RD Section 515 Rental Housing) (applied to Section 514 and 516 farmworker housing through §§ 3560.551, 3560.601), 3560.255(b) (comparable notice requirements in the USDA Rural Development housing program).

  3. 1354

    See, e.g., 7 C.F.R. § 3560.154(h) (requiring that the credit report relied upon to deny admission to an applicant under the USDA Rural Development housing programs be attached to Notices of Ineligibility or Rejection in accordance with the Fair Reporting Credit Act); HUD, Public Housing Occupancy Guidebook, ¶ 4.9 (June 2003); see also Edgecomb v. Hous. Auth. of Vernon, 824 F. Supp. 312 (D. Conn. 1993) (termination of subsidy); Driver v. Hous. Auth. of Racine, 713 N.W.2d 670 (Wis. Ct. App. 2006) (sustaining tenants’ § 1983 claim challenging adequacy of notice and hearing decision in a termination case as a matter of both due process, per Goldberg v. Kelly, 397 U.S. 254 (1970) and Edgecomb, and public policy.