24 C.F.R. § 983.255
§ 983.255 Tenant screening. (24 CFR Part 983)
Operative Text
(a) PHA option. (1) The PHA has no responsibility or liability to the owner or any other person for the family's behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for tenancy and may deny admission to an applicant based on such screening. (2) The PHA must conduct tenant screening of applicants in accordance with policies stated in the PHA Administrative Plan. (b) Owner responsibility. (1) The owner is responsible for screening and selection of the family to occupy the owner's unit. (2) The owner is responsible for screening of families on the basis of their tenancy histories. An owner may consider a family's background with respect to such factors as: (i) Payment of rent and utility bills; (ii) Caring for a unit and premises; (iii) Respecting the rights of other residents to the peaceful enjoyment of their housing; (iv) Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and (v) Compliance with other essential conditions of tenancy; (c) Providing tenant information to owner. (1) The PHA must give the owner: (i) The family's current and prior address (as shown in the PHA records); and (ii) The name and address (if known to the PHA) of the landlord at the family's current and any prior address. (2) When a family wants to lease a dwelling unit, the PHA may offer the owner other information in the PHA possession about the family, including information about the tenancy history of family members or about drug trafficking and criminal activity by family members. (3) The PHA must give the family a description of the PHA policy on providing information to owners. (4) The PHA policy must be stated in the Administrative Plan and provide that the PHA will give the same types of information to all owners. (d) The protections for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L, apply to tenant screening.
Under § 983.255, responsibility for screening prospective tenants in the Project-Based Voucher program is divided between the Public Housing Authority (PHA) and the property owner. The PHA may independently evaluate applicants for behavioral suitability and must share certain family history information—such as prior addresses and prior landlord contacts—with owners on a consistent basis. Owners bear the primary duty to evaluate and select families for their units, and they may weigh factors such as rental payment history, property care, and criminal background. Federal protections for survivors of domestic violence, dating violence, sexual assault, and stalking apply throughout this screening process.
Plain English — not legal advice.
Under § 983.255(b), property owners participating in the Project-Based Voucher program carry the core responsibility for evaluating and selecting tenants for their units. A compliant owner generally reviews tenancy history across areas such as rent payment, care of the premises, conduct toward neighbors, and relevant criminal background, using criteria applied consistently and in accordance with fair housing obligations. Owners should also be aware that the PHA will provide prior address and landlord contact information, and may share additional family history details, which operators typically document as part of their screening records.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 983.255 establishes that both the PHA and the property owner have defined roles in the screening process, and that neither party may apply screening criteria in a way that conflicts with federal fair housing law or the Violence Against Women Act protections referenced in § 983.255(d). Families are entitled to receive a written description of the PHA's policy on what information it shares with owners, and that policy must be applied uniformly across all applicants. Tenants who believe screening was conducted improperly—such as through inconsistent information-sharing or failure to apply VAWA protections—may consider raising the issue with the local PHA, filing a complaint with HUD, or reaching out to a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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