Can a Public Housing Authority (PHA) refuse to rent to me just because of my criminal record?

Yes, it’s possible. Rules for government-assisted housing can be VERY STRICT. Your local Public Housing Authority (PHA), which runs a lot of the government-assisted housing programs like Section 8 Housing Choice Vouchers and the Public Housing program, and works with private owners that accept government assistance to keep their buildings more affordable, may reject you and your household because of certain criminal convictions.

There are two reasons that a PHA or owner of government-assisted housing will reject you—the first is when it’s legally required (meaning the PHA and/or the owner of government-assisted housing don’t have a choice and must deny you), and the second is when it’s allowed but not required (meaning the PHA and/or the owner of government-assisted housing has a choice to deny you, but doesn’t have to). It is important for you to understand both situations, and your options to challenge the bans that are allowed, but not required, or spot situations where a PHA or owner of government-assisted housing tells you that the ban is legally required, but there is a legal loophole. Keep reading to learn more.

OVERVIEWREQUIRED VS. ALLOWED BANS IN GOVERNMENT-ASSISTED HOUSING

(1) BANS THAT ARE REQUIRED: Sometimes, a government-assisted housing provider MUST deny certain applicants because they have a specific type of conviction on their record. Because the law says that the rejection is required (“mandatory”), PHAs and owners of government-assisted housing do not have a choice in the matter. They must deny you if you have one of the convictions listed in the law. For all conviction-based bans that are legally required, see the chart PG. 361, and the questions on PG. 364.(2) BANS THAT ARE ALLOWED, BUT NOT REQUIRED (“CATCH-ALL” BANS): More commonly, you will likely fall into a “catch-all” ban on people with any criminal activity (which includes both arrests and convictions, even if they have been dismissed) that threaten the health, safety, or right of peaceful enjoyment to the government-assisted property by the other residents, the property owner, or the PHA’s staff or agents/contractors. This includes drug-related criminal activity and violent criminal activity (again, both arrests and convictions, even if dismissed, can be considered). Here, the law doesn’t require that you get denied from the housing program, but it allows PHAs and owners of government-assisted housing to deny you on this basis.

    See the chart summarizing these bans on PG. 361, and the questions on PG. 364.See Appendix E, PG. 419, for an even more detailed chart explaining which specific criminal convictions make denial mandatory (required by law) and which make denial permissive (allowed, but not required by law), including citations to the specific laws.[1229]
  1. 1229

    An Affordable Home on Re-entry: Federally Assisted Housing and Previously Incarcerated Individuals, NHLP (2008).