Is a convicted felon currently on probation eligible for the HUD subsidized housing program?

Question

The Department of Housing and Urban Development (HUD) administers the subsidized housing programs in most states. Someone I know was rejected due to "unsatisfactory criminal history check" among other reasons. Does the HUD subsidized housing program ban felons currently on supervision (HUD)? If yes, PLEASE, if you have it, include a cite(s) to the statute, reg, admin rule or case law. Thanks in advance! (I was an attorney for 18 years, and certainly understand citations and legal terms - I just never studied or practiced in this area)

Answer 1

Several years ago, HUD issued what at the time were new requirements concerning drug use/criminal activity. The new regulations were promulgated via HUD Notice which, if I remember correctly, consisted of a dozen or so pages. Well, those provisions have since been included in HUD Handbook 4350.3, Rev-1, which is a book that is considered the"Bible" of the project-based Section 8 industry. Paragraph 4-7C of the handbook indicates that owners must consider the following applicant screening criteria (some have also been incorporated in the HUD Model Lease):

2.Owners must establish standards that prohibit admission of:
a.Any household containing a member(s) who was evicted in the last three years from federally assisted housing for drug-related criminal activity. The owner may, but is not required to, consider two exceptions to this provision:
(1)The evicted household member has successfully completed an approved, supervised drug rehabilitation program; or
(2)The circumstances leading to the eviction no longer exist (e.g., the household member no longer resides with the applicant household).
b.A household in which any member is currently engaged in illegal use of drugs or for which the owner has reasonable cause to believe that a member’s illegal use or pattern of illegal use of a drug may interfere with the health, safety, and right to peaceful enjoyment of the property by other residents;
c.Any household member who is subject to a state sex offender lifetime registration requirement; and
d.Any household member if there is reasonable cause to believe that member’s behavior, from abuse or pattern of abuse of alcohol, may interfere with the health, safety, and right to peaceful enjoyment by other residents. The screening standards must be based on behavior, not the condition of alcoholism or alcohol abuse.
3.Owners may establish additional standards that prohibit admission if the owner determines that any household member is currently engaging in, or has engaged in, the following activities during a reasonable time before the admission decision:
a.Drug-related criminal activity. The owner may include additional standards beyond the required standards that prohibit admission in the case of eviction from federally assisted housing for drug-related criminal activity and current drug use.
b.Violent criminal activity.
c.Other criminal activity that threatens the health, safety, and right to peaceful enjoyment of the property by other residents or the health and safety of the owner, employees, contractors, subcontractors, or agents of the owner.
NOTE:.* If an owner’s admission policy includes any of the activities above or similar restrictions that uses a standard regarding a household member’s current or recent actions, the owner may define the length of time prior to the admission decision during which the applicant must not have engaged in the criminal activity. The owner shall ensure that the relevant “reasonable” time period is uniformly applied to all applicants in a non-discriminatory manner and in accordance with applicable fair housing and civil rights laws.*
4.An owner’s screening criteria also may include the following provisions:
a.Exclusion of culpable household members. An owner may require an applicant to exclude a household member when that member’s past or current actions would prevent the household from being eligible.
b.Drug or alcohol rehabilitation. When screening applications, an owner may consider whether the appropriate household member has completed a supervised drug or alcohol rehabilitation program. The owner may require appropriate documentation of the successful completion of a rehabilitation program.
c.Length of mandatory prohibition. The owner may set a period longer than required by the regulation (as described in subparagraph C.2 above) that prohibits admission to a property for disqualifying behavior. For those behaviors that would result in denial for a “reasonable time,” the owner must define a reasonable period in the tenant selection plan.
d.Reconsideration of previously denied applicants. An owner may reconsider the application of a previously denied applicant if the owner has sufficient evidence that the members of the household are not and have not engaged in criminal activity for a reasonable period of time. The owner must define a reasonable period of time in the tenant selection plan. * When the owner chooses to adopt this admission provision, the owner must require the household member to submit documentation to support the reconsideration of the decision which includes:
(1)A certification that states that she or he is not currently engaged in such criminal activity and has not engaged in such criminal activity during the specified period.
(2)Supporting information from such sources as a probation officer, a landlord, neighbors, social service agency worker or criminal record(s) that were verified by the owner.*
e.Consideration of the circumstances relevant to a particular case. In developing optional screening criteria for a property, and applying the criteria to specific cases, owners may consider all the circumstances relevant to a particular household’s case. Such considerations may not be applied to the required screening criteria described in subparagraph C.2 above. These types of circumstances include:
(1)The seriousness of the offense;
(2)The effect denying tenancy would have on the community or on the failure of the responsible entity to take action;
(3)The degree of participation in the offending activity by the household member;
(4)The effect denying tenancy would have on nonoffending household members;
(5)The demand for assisted housing by persons who will adhere to lease responsibilities;
(6)The extent to which the applicant household has taken responsibility and takes all reasonable steps to prevent or mitigate the offending action; and
(7)The effect of the offending action on the program’s integrity.

Answer 2

This Site Might Help You.

RE:
Is a convicted felon currently on probation eligible for the HUD subsidized housing program?
The Department of Housing and Urban Development (HUD) administers the subsidized housing programs in most states. Someone I know was rejected due to "unsatisfactory criminal history check" among other reasons. Does the HUD subsidized housing program ban felons currently on supervision...

Answer 3

Housing Assistance For Felons

Answer 4

Low Income Housing For Felons

Answer 5

You CANNOT use this as an excuse. I am a convicted felon (14 years ago). Regardless of your rational, you CANNOT use it as a crutch. For three years, I: (a) Delivered papers in the morning for $220.00 a week. (b) Waited tables in the early lunch afternoon for $150 a week (c) Worked at a pizza place every other day for $8/hr, earning $160 a week. For three years, I worked myself to the bone, earning about $30,000 a year. After a while, I was able to secure another paper route (which jumped my pay up to $400 a week). I became manager of the pizza establishment after 3 years, earning $500 a week and I quit waiting tables. After three years, I was earning about $48,000 a year. Once I was earning good money, I began submitting my resumes to companies. 1 company out of 20 would not require background checks. After 5 months of interviewing, I landed a job that paid $40,000. I had to submit to a drug test, but no background check. I probably went through 100 jobs until I found that one. But they ARE out there. DO NOT BLAME THE SYSTEM. Find jobs that don't require background checks and work your fingers to the bone until you can be promoted from within. Work hard and DON'T WHINE. Temporary labor companies, contractors, and warehouse jobs rarely require background checks. YOU CAN DO IT. I am living proof.

Answer 6

According to the state where I live (KS) no. Active felons cannot be enrolled in any HUD programs and if at recertification time one comes up, you will more than likely be dropped from the program. Reporting agencies can only report up to 10 years!

Answer 7

Depends on the felony...drug or violent criminal activity is a big no no...other felonies do not necessarily disqualify a candidate, but local housing authorities can set their own admission requirements beyond the HUD standards.

Answer 8

i applied to hud for housing and the criminal history check was one of the most important things on the list. if you had a criminal background you were turned down.
i did get hud housing.

Answer 9

I hope not