HUD Releases Guidance for PHAs & HUD-Assisted Housing Owners Regarding Use of Arrest Records in Housing Decisions
On November 2, 2105, the U.S. Department of Housing and Urban Development (HUD) released PIH Notice 2015-19 - Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions. The purpose of this Notice is to inform PHAs and owners of HUD-assisted housing that arrest records may not be the basis for denying admission, terminating assistance or evicting tenants from HUD-assisted properties. The Notice also reminds PHAs and owners that HUD does not require the adoption or enforcement of “one strike” policies that deny admission to anyone with a criminal record or that require eviction any time a household member engages in criminal activity in violation of their lease. It also reminds them of their obligation to ensure that any admissions and occupancy requirements they impose comply with applicable civil rights requirements contained in the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, and Titles II and III of the Americans with Disabilities Act of 1990, and the other equal opportunity provisions listed in 24 CFR 5.105. Finally, the Notice provides best practices and peer examples for PHAs and owners to review.