24 C.F.R. § 5.901
§ 5.901 To what criminal records and searches does this subpart apply? (24 CFR Part 5)
Operative Text
(a) General criminal records searches. This subpart applies to criminal conviction background checks by PHAs that administer the Section 8 and public housing programs when they obtain criminal conviction records, under the authority of section 6(q) of the 1937 Act (42 U.S.C. 1437d(q)), from a law enforcement agency to prevent admission of criminals to public housing and Section 8 housing and to assist in lease enforcement and eviction. (b) Sex offender registration records searches. This subpart applies to PHAs that administer the Section 8 and public housing programs when they obtain sex offender registration information from State and local agencies, under the authority of 42 U.S.C. 13663, to prevent admission of dangerous sex offenders to federally assisted housing. (c) Excluded records searches. The provisions of this subpart do not apply to criminal conviction information or sex offender information searches by a PHA or others of information from law enforcement agencies or other sources other than as provided under this subpart.
Under 24 CFR Part 5 § 5.901, this subpart governs two specific types of criminal record searches conducted by Public Housing Authorities (PHAs): general criminal conviction background checks used for admission decisions and lease enforcement in Section 8 and public housing programs, and sex offender registration lookups used to bar dangerous sex offenders from federally assisted housing. Searches conducted outside these two defined channels—such as checks run through other sources or by other parties—fall outside the subpart's scope entirely.
Plain English — not legal advice.
PHAs and property owners operating under Section 8 or public housing programs should understand that 24 CFR Part 5 § 5.901 defines the precise legal channels through which criminal conviction and sex offender registration records may be obtained and used for admissions and lease enforcement purposes. Compliant operators generally confine their background screening activities to the methods authorized under this subpart, recognizing that searches conducted through other sources do not carry the same regulatory framework or protections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 5 § 5.901, applicants and residents of Section 8 and public housing programs have an interest in knowing that PHAs are only authorized to use criminal conviction and sex offender records obtained through specific, federally defined channels when making housing decisions. Tenants who believe a PHA relied on records obtained outside these authorized channels may have grounds to raise that issue as a concern, and tenant-rights organizations or legal aid offices can help explain what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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