Should People With Criminal Histories Be Banned From Public Housing?

But not for those with sex convictions!

9-18-15 National:

HUD Secretary Juliàn Castro says the agency is reconsidering rules that make it difficult for ex-offenders to access public housing.

We often talk about the “three-strikes rules” that came about in the 1990s—“tough on crime” federal laws that remanded people convicted of three felony convictions to life in prison.

Only one strike is needed, in many circumstances, however, to get banned from public housing. The 1998 Quality Housing and Work Responsibility Act, signed into law by President Bill Clinton, led to new rules from the U.S. Department of Housing and Urban Development on who could and couldn’t receive federal housing assistance. They gave local public housing authorities broad authority in using criminal histories to refuse people admission to public housing. Any sex offender is automatically ineligible; at one point, this included sex workers in Louisiana.

In San Francisco, an applicant who’s been convicted of violent crimes against people or property will not be considered by the local housing authority. Drug-related crimes can get you banned from receiving vouchers also. In many cities, you can get screened out or evicted just for having a family member with a drug conviction, and then prohibited from re-admission for three years.

Courts, of course, are far too generous in handing out convictions to African Americans in comparison to other races, especially for drug crimes. And hence, black people are the least sheltered from exclusionary housing policies.

A new report from the Ella Baker Center for Human Rights explains the costs of discrimination against the formerly incarcerated: 79 percent of formerly incarcerated people surveyed in the report said they were denied housing or determined ineligible for it; 18 percent of families surveyed had faced eviction, were denied housing, or became disqualified for public housing when an incarcerated family member returned. ..Continued.. by Brentin Mock

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Sex Offender Policy Requirements Updated

6-25-2012 National:

On June 12, the U.S. Department of Housing and Urban Development (HUD) issued Notice H 2012-11 State Registered Lifetime Sex Offenders in Federally Assisted Housing, which reiterates statutory- and regulatory-based responsibilities to prohibit admission to federally assisted housing for individuals subject to a lifetime registration requirement under a state sex offender registration program, and supersedes Notice H 2009-11.

The new policies stem, in part, from a 2009 OIG audit, which estimated that 2,094 to 3,046 assisted households included a lifetime registered sex offender.

This notice clarifies regulations concerning admissions and strongly recommends additional steps to prevent individuals subject to a lifetime registration requirement under a state sex offender registration program from receiving federal housing assistance.

The notice further specifies that owners/agents who erroneously admitted prohibited participants after June 25, 2001 must evict that household member or terminate assistance for the entire household.

Changes Between This Notice and Notice H 2009-11

The new notice applies to all public housing and multifamily assisted housing project-based and tenant based rental assistance programs, including new forms of assistance yet to be offered, and most multifamily mortgage insurance program, as listed:

Section 202 Project Rental Assistance Contracts (PRAC)
Section 811 PRAC
Section 811 Project Rental Assistance (PRA) demonstration
Section 202/162 Project Assistance Contract (PAC)
Section 202/8
Section 202 Senior Preservation Rental Assistance Contracts (SPRACs)
Section 8 Project-based
Section 236
Section 236 Rental Assistance Payment (RAP)
Section 221(d)(3) Below Market Interest Rate (BMIR)
Section 101 Rent Supplement
Public Housing
Tenant-based Housing Choice Voucher
Project-based Certificate and Housing Choice Voucher
Moderate Rehabilitation

Mandatory Administrative/Procedural Changes

If an owner/agent determines that they erroneously admitted a lifetime sex offender, they must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA or O/A must terminate assistance for the household.

Owner/agents must ask for, and applicants must provide, a complete list of all states in which any household member has resided. Failure to accurately respond to any question during the application process is cause to deny the family admission.

Additionally, PHAs and O/As must ask whether the applicant, or any member of the applicant's household, is subject to a lifetime sex offender registration requirement in any state.

O/A must provide a rejected applicant with a written rejection notice in accordance with the requirements at Paragraph 4-9.C of Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily Housing Programs.

Recommended Changes

In addition to the above regulatory requirements, HUD recommends that O/As and PHAs
adopt new procedures at admission and at annual recertification/reexamination to prevent lifetime registered sex offenders from receiving federal housing assistance.

Use of the Dru Sjodin National Sex Offender Database, an online, searchable database hosted by the U.S. Department of Justice, which combines the data from individual state sex offender registries and/or other available national, state, or local resources.

Use of other available databases through their local law enforcement agencies.

Screen adult members of the household AND juveniles.

Ask current households if any member is subject to a state lifetime sex offender registration program in any state (and if the recertification screening reveals that the tenant has falsified information or otherwise failed to disclose criminal history on his/her application and/or recertification forms, pursue eviction or termination of assistance

So what does this mean to your screening and admissions policies? Read on for a summary of impacts.

Screening Prior to Admission

Owner/agents must follow established guidelines in order to ensure that no lifetime sex offenders are admitted into federally assisted housing. This requirement to screen for sexual offenders was effective June 25, 2001, and was announced to the multi-family housing industry re: HUD HSG Notice 02-22, which was released on October 29, 2002.

Owner/agents must perform criminal screening, before admission, to determine if an applicant, or any member of an applicant's household, is subject to a lifetime registration requirement under any state sex offender registration program.

If the owner/agent discovers that an applicant household includes a member who is subject to any state lifetime sex offender registration, the owner/agent must offer the family the opportunity to remove the ineligible family member. If the family is unwilling to remove that individual from the household, the O/A must deny admission to the household.

Existing Residents/Tenants

HUD recommends that at annual re-certification or re-examination, owner/agents ask whether the tenant or any member of the tenant's household is subject to a state lifetime sex offender registration program in any state.

This is a recommendation, not a requirement. However, if an owner/agent discovers that a household member was admitted in error, the owner/agent must immediately pursue eviction or termination of assistance. The O/A must offer the family the opportunity to remove the ineligible family member from the household.

These rules apply to any household member who was subject to a lifetime sex offender registration requirement at admission and was admitted after June 25, 2001.

For admissions before June 25, 2001, there is currently no HUD statutory or regulatory basis to evict or terminate the assistance of the household solely on the basis of a household member's sex offender registration status.

As pointed out in the notices, when terminating tenancy (eviction) or assistance, you must comply with the requirements outlined in HUD Handbook 4350.3 Revision 1, Change 3, Chapter 8.) ..Source.. by Colleen Bloom

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HUD Director Encourages Public Housing Authorities to Grant Access to People with Criminal Records

To see the Letter HUD Published

6-24-2011 National:

U.S. Department of Housing and Urban Development (HUD) Director Shaun Donovan sent a letter last week to executive directors of public housing authorities (PHAs) clarifying HUD’s position regarding people with criminal record’s eligibility for public housing. In the letter, which was co-signed by Assistant Secretary for Public and Indian Housing Sandra B. Henriquez, Secretary Donovan encourages PHA executive directors “to allow ex-offenders to rejoin their families in the Public Housing or Housing Choice Voucher programs, when appropriate.”

“Housing is at the top of the list of what people need to succeed when they return from prison,” said Oklahoma Director of Corrections (and CSG Justice Center board member) Justin Jones. “We are very excited by this news in Oklahoma. It will contribute to public safety by helping people released from prison find a safe, affordable place to live.”

PHA executive directors generally have discretion whether or not to admit people with criminal records to public housing. The only circumstances under which a PHA is required by law to ban a person from federally assisted housing is if he or she was convicted of methamphetamine production on the premises or is subject to a lifetime registration as a sex offender. ..Source.. by HUD

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