When would I challenge a denial from a Public Housing Authority (PHA) or owner of government-assisted housing?

RECALL—Important Information about the “Catch-All” Ban: Under the “CATCH-ALL” ban (described in detail on PG. 361), there are many situations in which a PHA and/or owner of government-assisted housing is allowed BUT NOT REQUIRED to deny you. In fact, the law limits the ways that PHAs and owners of government-assisted housing can exclude you passed on your past criminal history.

If the PHA or owner of the government-assisted housing discriminated against you in a way that was illegal, or abused their discretion in denying you the housing—either for something in your criminal record, a disability, OR because they relied on mistaken information—then you will want to challenge that denial by asking for a review of the decision. YOU WILL ALSO WANT TO GATHER AS MUCH INFORMATION AS POSSIBLE (see PG. 371 about mitigating circumstances and proof of your rehabilitation) to prove that you should not have been denied.

The PHA or owner of government-assisted housing must follow certain laws and rules when considering your past convictions and criminal history information. They may only reject you for criminal activity that threatens the health, safety, or peace of other residents or staff AND the criminal activity must be “reasonably recent.” For more information on these protections, go to PG. 357.

Helpful Hint:

Language of Notice: If there are a lot of non-English speakers served by the PHA or owner, the notice may have to be written in the language used by the applicant. If you need the notice to be translated, ask the PHA or owner for a copy in your native language.