HUD HCV Guidebook § 10.1.3

Records Retention and Confidentiality (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalPrivacy & Tenant Data

Operative Text

HUD HCV Guidebook § 10.1.3
Criminal records must62 be maintained confidentially and may only be disclosed to persons with a job-related
need to know the contents. Criminal background results, including sex offender results must63 not be shared
directly with the owner, and they must64 be destroyed promptly once their purpose has been served. For
example, if the PHA decides to admit the family to the program, the records must be destroyed immediately. If
the PHA decides to deny admission based on the criminal conviction record, the record may be retained
during the period allowed for requesting an informal review, and until the review, if requested, has been
completed. The record must then be destroyed promptly. The PHA must not retain criminal conviction records
for longer periods, even if the records are stored separately from the family’s file. Criminal background records
of sex offenders are subject to the rules governing other criminal conviction records. However, the PHA
must65 retain a record of the type of screening and the date screening was performed.

61
   24 CFR § 5.903(b)(1)
62
   24 CFR § 5.905(c)(1)(i) and (ii); § 5.903(g)(1) and (2)
63
   24 CFR § 5.905(b)(4)
64
   24 CFR § 5.905(c)(1)(iii); § 5.903(g)(3)
65
   24 CFR § 982.158(f)
Source: Legislative text reproduced verbatim
Plain English

Under HUD Housing Choice Voucher Guidebook § 10.1.3, criminal background records — including sex offender check results — must be kept strictly confidential and shared only with staff who have a job-related need to know. These records cannot be passed along to property owners and must be destroyed promptly once they have served their purpose, such as immediately after an applicant is admitted to the program. If a denial is issued, the record may be kept only through any informal review period, after which it must also be destroyed; the one lasting record a Public Housing Authority (PHA) must retain is a notation of what type of screening was conducted and when.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Housing Choice Voucher Guidebook § 10.1.3, PHAs are prohibited from sharing criminal background results — including sex offender screening outcomes — directly with property owners participating in the Housing Choice Voucher program. Compliant housing operators generally understand that they will not receive this information as part of the tenant-screening process and should not request or expect it from the PHA. Owners who believe they have received such records in error would typically bring the matter to the attention of the administering PHA.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HUD Housing Choice Voucher Guidebook § 10.1.3 establishes that your criminal background information is treated as confidential and cannot be shared with a prospective landlord by the PHA. If you are admitted to the program, those records must be destroyed immediately; if you are denied, they may only be kept through the informal review process before being destroyed. Applicants who believe their criminal records were improperly disclosed or retained may consider raising the issue with the administering PHA, contacting a local tenant-rights organization, or filing a complaint with the U.S. Department of Housing and Urban Development.

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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 25, 2026
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Related Rules

§ 5.210
§ 5.210 Purpose, applicability, and Federal preemption.
§ 5.212
§ 5.212 Compliance with the Privacy Act and other requirements.
§ 1022.21
§ 1022.21 Affiliate marketing opt-out and exceptions.

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