HUD HCV Guidebook § 10.1.4

PHAs may deny admission based on criminal convictions or if the preponderance of evidence indicates that a
family member has engaged in such activity. PHAs are prohibited66 from denying admission solely based on
arrest records. If the PHA decides to deny admission based on a criminal conviction record, the PHA must67
notify the family of the pending denial action and must give the family an opportunity to dispute the accuracy
and/or relevance of the record. A copy of the criminal conviction record must68 be provided to the head of
household and to the subject of the record (if different) at this time. If the family does not dispute the record,
or if the family disputes the record and the PHA does not agree, the regular denial notice is sent.
PHAs must69 deny admission for the following specific types of criminal activity or alcohol abuse. Denial is
required when:
     1) A household member has been evicted from federally assisted housing within the last three years for
         drug-related criminal activity.
         • The PHA may admit the family if it determines that the household member who engaged in the
              activity has been successfully rehabilitated, or the circumstances no longer exist (because, for
              example, the household member is dead or in prison)
     2) The PHA determines that a household member is currently illegally using a controlled substance or
         such household member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or
         pattern of abuse) of alcohol, is determined by the PHA to interfere with the health, safety, or right to
         peaceful enjoyment of the premises by other residents. The PHA may consider whether such
         household member has taken steps to rehabilitate or has been rehabilitated and is no longer
         engaging in the illegal use of a controlled substance or abuse of alcohol.
         • Note: An individual may also qualify as an individual with disabilities under Federal civil rights
              statutes, which prohibit discrimination against individuals with disabilities and include reasonable
              accommodation obligations.
     3) Any household member has been convicted of the manufacture of methamphetamine on the premises
         of federally assisted housing.
     4) Any household member is subject to a lifetime sex offender registration requirement.
         • The PHA must check for sex offender registration in its own state and in any other state where the
              family has resided. Use of a nationwide database such as www.nsopw.org is recommended.
PHAs may establish policies that are stricter than the regulatory requirements listed above, so long as those
policies do not discriminate in violation of civil rights laws. For example, PHA policies may call for denial of
admission if any household member has been convicted of methamphetamine production, regardless of
whether the activity took place in federally assisted housing. PHA policies may not be more lenient than those
specified above.