Criminal History Policy for Low Income Housing
The federal government and local public housing authorities have made a commitment to the residents of low income housing that individuals with current or previous criminal activity cannot be admitted. HUD's "One Strike and You're Out" policy mandates that all public housing or federally assisted housing providers have authority to evict tenants with current or previous criminal activity.
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Criminal Activity
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The One Strike policy covers several prohibited criminal activity categories. If, for example, a person is subject to a lifetime sex-offender registry under state sex offender registration programs, been evicted due to drug related activity or was convicted of methamphetamine production on public housing premises, that person is prohibited from applying for a rental unit, according to the Reentry Policy Council website.
Family Members and Guests
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Residents of federal low-income housing can be evicted if a family member or a guest is engaged in criminal conduct on or near the premises, under HUD's "One Strike" policy. HUD's "One Strike" policy was upheld in the March 2002, U.S. Supreme Court decision, HUD v Rucker, No. 00-1770. A resident of a housing unit can be evicted, even if he was unaware of the criminal activity.
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Discretion
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Some tenant rights organizations believe local public housing authorities should use the discretion the HUD policy grants them and not enforce the zero tolerance lifetime band against family members evicted due to the criminal conduct of a family member. Other activists believe certain criminals who have paid their debt to society should not be excluded from public housing as well.
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References
- Reentry Policy Council: Managing The Key Transition Period:
- Corporation for Supportive Housing: What is One Strike:
- National Multi Housing Council: Supreme Court Ruling Upholding HUD's One-Strike Policy:
- Metropolitan Housing and Community Center: Public Housing Transformation and the "Hard to House":
