The U.S. Department of Housing and Urban Development (HUD) issued a major policy statement in November, announcing that arrest records no longer may be used to deny affordable housing, or to evict families from affordable housing. The announcement, issued in the form of a notice, was effective immediately and applies to public housing and privately owned housing receiving federal housing assistance.
The HUD notice does not prohibit denying housing to individuals convicted of criminal offenses, or evicting them for criminal convictions that are violations of the lease, but it states that housing agencies are not obligated to follow the “One Strike, You’re Out” policy, and goes on to suggest a number of best practices.
These best practices include taking into consideration when the offense was committed; the nature of the offense in terms of how it will affect other residents; the level of violence, if any, associated with the conviction; the number of convictions associated with the individual; and, significantly, if the individual is in a recovery program, and whether the individual was under the influence of alcohol or illegal drugs at the time of the offense.
The notice restates the ability of individuals rejected for HUD-assisted housing to appeal their rejection, and for due process to be followed in matters of eviction.