Q&A: Eviction For Drug Related Criminal Activity

Question: An applicant was evicted from another assisted program for drug related criminal activity last year, but he/she has since completed a drug rehabilitation program. Do I have to reject his application? ~ Steve in Arizona

Answer:  HUD regulations state owners must prohibit admission of any household containing a member who was evicted from federally assisted housing in the last three years for drug-related criminal activity. However, regulations also state you may consider an exception, if the evicted household member has completed an approved, supervised drug rehabilitation program.

If you choose to make this exception, it must be noted in your Tenant Selection Plan and must be applied consistently among all applicants. We recommend obtaining written verification of the completion of the approved, supervised drug rehabilitation program and including in the tenant file along with the background screening information that shows the eviction.

For more information on screening for drug abuse and other criminal activity (including another exception to HUD’s requirement listed above), visit Section 4-7C of HUD Handbook 4350.3 REV-1 CHG-4.