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New HUD Guideline Addresses Use of Arrest Records for Admission and Eviction

U.S. Department of Housing and Urban Development (HUD)

On Tuesday, November 2, 2015, the U.S. Department of Housing and Urban Development (HUD) issued new guidance to clarify ex-offenders eligibilities to access and maintain federally funded and public housing programs. Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions states that an arrest record is not sufficient evidence for the denial of admission and eviction from a housing program, especially when the arrest cannot determine the individual’s involvement in criminal activity. 

The notice also notes that HUD does not obligate PHAs and property owners to establish “one strike” policies that deny applicants with criminal records admittance into a federal-assisted program and terminate tenant’s lease if a household member is arrested for criminal activity. It also summarizes PHAs’ and property owners’ obligation to observe the civil rights rules and regulations outlined in the Fair Housing Act, Civil Rights Act of 1964, the Rehabilitation Act, and the Americans with Disabilities Act of 1990, and highlights related best practices for PHAs and owners.

Click here to read the notice.



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