NHLP Chart—Federally Assisted Housing Programs: Admissions For Applicants With Certain Criminal Backgrounds

See next page.

Federally Assisted Housing Programs: Admissions for Applicants with Certain Criminal Backgrounds*

Convicted of producing meth at federally-assisted housing^

Lifetime registered sex offender

Prior eviction from federally-assisted housing^ for drug-related activity

History of drug-related criminal activity

History of violent criminal activity

History of crimes that threaten health, safety, or peaceful enjoyment

Current user of illegal substances

Public Housing

Permanent ban on admission.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 960.204(a)(3).

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R.

§ 960.204(a)(4).

3-year ban on admission unless applicant is rehabilitated. 42 U.S.C.

§§ 13661(a) and 13664;

24 C.F.R.

§ 960.204(a)(1).

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 960.203(d).

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 960.203(d).

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 960.203(d).

PHA must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R.

§ 960.204(a)(2).

Voucher Program

Permanent ban on admission.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 982.553.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R. § 982.553.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 982.553.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 982.553.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 982.553.

PHA has discretion to admit applicant.

42 U.S.C.A.

§ 13661(c);

24 C.F.R.

§ 982.553.

PHA must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R.

§ 982.553.

Section 8 Mod Rehab

Permanent ban on admission.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 882.518.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R.

§ 882.518.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 882.518.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 882.518.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 882.518.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 882.518.

PHA must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R.

§ 882.518.

Section 8 SRO Mod. Rehab. for homeless

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may require a ban.

24 C.F.R.

§§ 882.805(c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab.

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may require a ban.

24 C.F.R. §§ 882.805 (c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab.

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may require a ban.

24 C.F.R.

§§ 882.805 (c); see also provisions cited above under Section 8 Mod. Rehab.

PHA or owner has discretion to admit applicant.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2), see also provisions cited above under Section 8 Mod. Rehab.

PHA or owner has discretion to admit applicant.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2),

see also provisions cited above under Section 8 Mod. Rehab.

PHA or owner has discretion to admit applicant.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2),

see also provisions cited above under Section 8 Mod. Rehab.

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may deny admission.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab.

Project-based Section 8

No requirement imposed by federal law. Owner has discretion to admit applicant.

42 U.S.C.

§ 1437n(f);

24 C.F.R. § 5.855.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R § 5.856.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 5.854.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R § 5.854

* There are no federal requirements regarding admission of individuals with criminal background to Low-Income Housing Tax Credit (LIHTC) housing, Shelter Plus Care (S+C) (see generally 24 C.F.R. §§ 582.325 and 582.330), Supportive Housing Program (SHP) (see generally 24 C.F.R. § 583.325) or Housing Opportunities for Persons with AIDS (HOPWA) (see generally 24 C.F.R. § 574.603). Federally-assisted housing is defined, in this context, to include, public housing, Section 8, Section 202, Section 811, Section 221(d)(3), Section 236, Section 515 and Section 514. CHART CONTINUES ON NEXT PAGE…

(CONTINUED FROM PREVIOUS PAGE)

Federally Assisted Housing Programs:

Admissions for Applicants with Certain Criminal Backgrounds*

Convicted of producing meth at federally-assisted housing^

Lifetime registered sex offender

Prior eviction from federally-assisted housing^ for drug-related activity

History of drug-related criminal activity

History of violent criminal activity

History of crimes that threaten health, safety, or peaceful enjoyment

Current user of illegal substances

Sections 202, 811, 221(d)(3), 236

No requirement imposed by federal law. Owner has discretion to admit applicant.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 5.855.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R § 5.856.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 5.854.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R § 5.854.

USDA Housing

Owner has discretion to admit applicant. 7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant. 7 C.F.R. § 3560.154; but see 42 U.S.C.

§§ 13663 and 13664, which extend to Section 515 and 514 housing.

Owner has discretion to admit applicant. 7 C.F.R.

§ 3560.154;

but see 42 U.S.C.

§§ 13661 and 13664, which extend to Section 515 and 514 housing.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154; see also 42 U.S.C.

§ 13661(b) and 24 C.F.R. § 5.850(c).

HOME

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R. § 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R. § 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R.

§ 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R.

§ 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R.

§ 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R.

§ 92.253(d).

* There are no federal requirements regarding admission of individuals with criminal background to Low-Income Housing Tax Credit (LIHTC) housing, Shelter Plus Care (S+C) (see generally 24 C.F.R. §§ 582.325 and 582.330), Supportive Housing Program (SHP) (see generally 24 C.F.R. § 583.325) or Housing Opportunities for Persons with AIDS (HOPWA) (see generally 24 C.F.R. § 574.603). Federally-assisted housing is defined, in this context, to include, public housing, Section 8, Section 202, Section 811, Section 221(d)(3), Section 236, Section 515 and Section 514.