Ex-Offenders in Affordable Housing

In a HUD memo dated March 14, 2012, Secretary Shaun Donovan and Acting Assistant Secretary for Housing -Federal Housing Commissioner Carol J. Galante are asking that owners of HUD-assisted properties “seek a balance between allowing ex-offenders to reunite with families that live in HUD subsidized housing, and ensuring the safety of all residents of its programs”.

This may mean a change in the criminal screening portion of your Tenant Selection Plan.  The memo further clarifies that an owner may consider “all relevant information, including factors that indicate a reasonable probability of favorable future conduct; for example, evidence of rehabilitation and evidence of the applicant family’s participation in (or willingness to participate in) social services such as counseling programs. Discretion is, however, afforded to each owner”.

HUD statutes and regulations still require owners to prohibit admission of people on state sex offender registries, and those who have been part of families evicted from assisted housing during the past three years for drug-related criminal activity.

However, you will want to review your criminal screening criteria to determine if it is more restrictive than it reasonably needs to be for your property.  For example, denying an applicant household where any member has ever been convicted of a violent crime may rule out a 72-year old man convicted of battery in a bar fight when he was 19 years old.

For more information please read the official HUD memo