24 C.F.R. § 960.204
§ 960.204 Denial of admission for criminal activity or drug abuse by household members. (24 CFR Part 960)
Operative Text
(a) Required denial of admission—(1) Persons evicted for drug-related criminal activity. The PHA standards must prohibit admission of an applicant to the PHA's public housing program for three years from the date of the eviction if any household member has been evicted from federally assisted housing for drug-related criminal activity. However, the PHA may admit the household if the PHA determines: (i) The evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA; or (ii) The circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned). (2) Persons engaging in illegal use of a drug. The PHA must establish standards that prohibit admission of a household to the PHA's public housing program if: (i) The PHA determines that any household member is currently engaging in illegal use of a drug (For purposes of this section, a household member is “currently engaged in” the criminal activity if the person has engaged in the behavior recently enough to justify a reasonable belief that the behavior is current); or (ii) The PHA determines that it has reasonable cause to believe that a household member's illegal use or pattern of illegal use of a drug may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. (3) Persons convicted of methamphetamine production. The PHA must establish standards that permanently prohibit admission to the PHA's public housing program if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. (4) Persons subject to sex offender registration requirement. The PHA must establish standards that prohibit admission to the PHA's public housing program if any member of the household is subject to a lifetime registration requirement under a State sex offender registration program. In the screening of applicants, the PHA must perform necessary criminal history background checks in the State where the housing is located and in other States where household members are known to have resided. (See part 5, subpart J of this title for provisions concerning access to sex offender registration records.) (b) Persons that abuse or show a pattern of abuse of alcohol. The PHA must establish standards that prohibit admission to the PHA's public housing program if the PHA determines that it has reasonable cause to believe that a household member's abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. (c) Use of criminal records. Before a PHA denies admission to the PHAs public housing program on the basis of a criminal record, the PHA must notify the household of the proposed action to be based on the information and must provide the subject of the record and the applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. (See part 5, subpart J of this title for provisions concerning access to criminal records.) (d) Cost of obtaining criminal record. The PHA may not pass along to the applicant the costs of a criminal records check.
Under 24 CFR § 960.204, public housing authorities (PHAs) are required to deny admission to applicants in several defined circumstances: a prior eviction from federally assisted housing for drug-related activity triggers a three-year bar, with limited exceptions for completed rehabilitation or changed circumstances. Current illegal drug use, a reasonable belief that drug or alcohol abuse threatens other residents, a methamphetamine-production conviction (permanent bar), or a lifetime state sex-offender registration requirement each independently disqualify a household. Before acting on a criminal record, the PHA must give the applicant notice, a copy of the record, and a chance to challenge its accuracy—and cannot charge applicants for the cost of the background check.
Plain English — not legal advice.
PHAs and property managers operating under 24 CFR § 960.204 generally document their written admissions standards to reflect each mandatory denial category, including the three-year drug-eviction bar and the permanent methamphetamine-production bar. Compliant operators conduct criminal history checks in the states where applicants are known to have resided and verify sex-offender registry status. When a denial is based on a criminal record, operators provide the applicant with written notice, a copy of the record, and a meaningful opportunity to dispute it—absorbing the cost of the background check rather than passing it to the applicant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR § 960.204, applicants have the right to receive written notice, a copy of any criminal record, and an opportunity to dispute its accuracy or relevance before a PHA finalizes a denial based on that record. Certain bars—such as the three-year drug-eviction bar—include exceptions a household may raise, such as completed rehabilitation or changed circumstances. Applicants who believe a PHA has not followed these procedures can raise the issue during the PHA's informal hearing process, file a complaint with HUD, or contact a local tenant-rights or legal-aid organization for guidance.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.