HUD HCV Guidebook § 5.5
Clear Policies and Reliable Records (HUD HCV Guidebook)
Operative Text
Having clear, written screening policies that are publicly available (e.g., on a PHA’s website) and distributed to applicants can help ensure compliance with fair housing and civil rights laws. PHAs are encouraged to provide as much detail as possible about which records will be considered (e.g., for what type of crimes, what credit score cutoff, evictions from how long ago), how an applicant can dispute their relevancy or accuracy, and how evidence of mitigating circumstances will be treated.146 In general, a policy of providing applicants with an opportunity explain the context of a record or dispute its accuracy before a denial can help ensure that a screening policy is not overbroad. Using a third-party screening company to conduct tenant screenings does not negate the fair housing and civil rights obligations of a PHA. PHAs should be aware that they may be held responsible for any discriminatory acts by a third-party screening company.147 Therefore, caution and oversight are recommended when using a third-party screening company to ensure that it is not conducting tenant screenings in a manner that violates fair housing and civil rights laws.148 A PHA using a screening company is responsible for ensuring that screenings do not consider records or activities outside of the PHA’s screening policy and must be able to 141 See 42 U.S.C. 13661(c). 142 See, e.g., Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions, available at https://www.hud.gov/sites/documents/PIH2015-19.PDF. 143 Giebeler v. M & B Associates, 343 F.3d 1143 (9th Cir.2003) 144 See PIH notice 2017-8. 145 24 CFR 5.105(a)(1). 146 24 CFR 5.852 (e). 147 24 CFR 100.7(b). 148 24 CFR 960.509(b)(11)(iv)(G)(4). Fair Housing and Nondiscrimination Requirements 39 US Department of Housing and Urban Development April 2025 inform the applicant of the basis for their denial with specificity.149 PHAs should also be aware that the use of third-party tenant screening reports will subject the PHA to other requirements, including the Fair Credit Reporting Act150 and any federal or state law governing the use of tenant screening reports. Additional information about requirements for screening tenants can be found in the Eligibility and Determination and Denial of Assistance and Waiting List and Tenant Selection chapters of this Guidebook.
HUD Housing Choice Voucher Guidebook § 5.5 establishes that Public Housing Authorities (PHAs) are expected to maintain clear, written, and publicly available screening policies that detail which records are considered, how applicants may dispute those records, and how mitigating circumstances are weighed. The provision makes clear that outsourcing screening to a third-party company does not relieve a PHA of its fair housing and civil rights obligations — the PHA remains accountable for any discriminatory acts the third party commits. When a denial is issued, the PHA must be able to tell the applicant specifically why, and must comply with applicable laws including the Fair Credit Reporting Act.
Plain English — not legal advice.
PHAs and housing operators administering Housing Choice Vouchers under § 5.5 generally maintain written screening criteria that are posted publicly and distributed to applicants, covering specifics such as the types of criminal records considered, credit score thresholds, and the lookback period for prior evictions. Compliant operators build in a process that allows applicants to explain context or dispute the accuracy of a record before a denial is finalized, which helps guard against overbroad screening. When a third-party screening company is used, operators under § 5.5 take steps to ensure that company's practices stay within the PHA's stated policy, retain the ability to communicate the specific basis for any denial, and account for obligations under the Fair Credit Reporting Act and other applicable laws.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Housing Choice Voucher Guidebook § 5.5, applicants for voucher-assisted housing have a recognized interest in knowing the specific criteria a PHA uses to screen them, including what records are reviewed and how long ago those records must have occurred to be considered. If a denial is issued, the PHA is expected to explain the specific basis for that decision, and applicants generally have an avenue to dispute the accuracy or relevance of a record before a final determination is made. Tenants who believe a screening decision violated fair housing or civil rights protections may consider reaching out to a local tenant-rights organization, contacting HUD directly, or exploring the dispute and appeal processes described in the Eligibility and Determination and Waiting List chapters of the Guidebook.
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.
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