HUD HCV Guidebook § 10.1.1
Consent for Background Screening (HUD HCV Guidebook)
Operative Text
PHAs must61 require that each adult member of the household provide a signed, written authorization for the
PHA to obtain criminal conviction records from the National Crime Information Center, police departments,
and other law enforcement agencies.
Procedures for Maintaining Confidentiality
Because there are strict penalties for improper disclosure of criminal conviction
records, the PHA must establish procedures aimed at maintaining confidentiality.
For example, the PHA could designate one staff member to review all criminal
records. This staff member would then provide documentation for the family
file, stating that the household had passed or failed criminal background
screening, without revealing any details from the record. Another approach
would be to keep all criminal records separate from family files, preferably in a
locked office or locked filing cabinet. The records would then be destroyed once
their purpose has been served.Under HUD Housing Choice Voucher Guidebook § 10.1.1, Public Housing Authorities (PHAs) are required to collect a signed, written consent form from every adult household member before pulling criminal conviction records from sources such as the National Crime Information Center or local law enforcement agencies. The provision also directs PHAs to put confidentiality procedures in place, because improper disclosure of those records carries strict penalties. Examples of acceptable safeguards include limiting record review to a single designated staff member, keeping criminal records physically separate from family files, and destroying records once they have served their purpose.
Plain English — not legal advice.
While § 10.1.1 of the HUD Housing Choice Voucher Guidebook is directed at PHAs rather than private landlords, operators who participate in the Housing Choice Voucher program should be aware that the PHA administering the voucher is obligated to collect signed authorizations from all adult household members before conducting criminal background screening. Compliant PHAs typically document only a pass/fail outcome in the family file rather than including raw criminal record details, and they store or destroy records in ways that protect confidentiality. Understanding these PHA-side obligations helps participating landlords recognize what screening documentation they may or may not receive from the administering agency.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 10.1.1 of the HUD Housing Choice Voucher Guidebook, every adult in a household applying for a Housing Choice Voucher has the right to know that their signed, written consent is required before the PHA can pull criminal conviction records on their behalf. The provision also establishes that the PHA must handle those records with strict confidentiality protections, meaning details from a criminal record generally should not be broadly disclosed or left unsecured. Applicants or participants who believe a PHA has improperly handled or disclosed their criminal records may consider contacting the U.S. Department of Housing and Urban Development, their local PHA's grievance process, or a tenant-rights organization for guidance on available options.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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