I want to go back to my government-assisted housing unit after a brief period in jail or prison. Can I do that?

It depends on the program. And it depends on the criminal activity.

As always, anyone joining or returning to government-assisted housing MUST meet ALL of the eligibility requirements for that housing program, for that PHA, and for the owner (if there is one).

For exclusions (bans) based on your criminal record, read PG. 361 of this chapter to understand when there are required bans vs. when the PHA or owner of government-assisted housing has discretion (meaning is allowed, but not required) to ban you from a government-assisted household. You can also learn how to challenge a denial on PG. 364 of this Chapter.

For most federal government-assisted housing programs, the local PHA and owner of the government-assisted housing may develop rules and policies regarding temporary absences, and many do have such policies. You need to check with the PHA and owner that oversee the housing unit you want to join about their policies.[1334]

IMPORTANT: Since your return could harm the entire family’s ability to stay in government-assisted housing, it’s a good idea for the family to discuss these issues with the PHA and/or owner of the government-assisted housing BEFORE you return from your brief absence. If that is not possible, there are legal defenses to an eviction action if it is brought against the entire family in court. This HOUSING CHAPTER does not cover eviction law and all of its defenses, so if this is your issue, you will need to contact a legal aid organization that specializes in eviction defense. Go to PG. 1127 for a list of legal aid organizations that may be able to help.

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  1. 1334

    In the RD programs, the owner must include a number of policies in the lease with the tenant, which must be approved by the agency. RD regulations require that the lease include information regarding the tenant’s duty to notify the owner of an extended absence. 7 C.F.R. § 3560.156(c)(18)(xiii). ↑