HUD HCV Guidebook § 10.1.2
Information from Drug Abuse Treatment Facilities (HUD HCV Guidebook)
Operative Text
PHAs may only deny admission to household members that are currently engaging in the use of illegal use of a controlled substance. PHAs may require each person who applies for admission to sign one or more forms of written consent authorizing the agency to receive information from a drug treatment facility to ascertain whether the applicant is currently engaging in the use of illegal use of a controlled substance.
Under HUD Housing Choice Voucher Guidebook § 10.1.2, public housing authorities (PHAs) are permitted to deny admission only to household members who are currently using illegal controlled substances — not to those with a past history of such use. The provision also allows PHAs to require applicants to sign written consent forms authorizing the release of information from drug treatment facilities, but solely to determine whether current illegal drug use is occurring. This rule draws a clear line between present conduct and past conduct as the basis for any admissions decision.
Plain English — not legal advice.
As a PHA or program administrator operating under HUD Housing Choice Voucher Guidebook § 10.1.2, compliant practice generally involves limiting any drug-related denial of admission to documented current illegal controlled substance use, rather than relying on historical use or treatment records alone. Operators typically use written consent forms that are narrowly scoped to authorize only the specific inquiry permitted — whether an applicant is currently engaging in illegal drug use. Maintaining clear documentation of how consent forms are used and how admissions decisions are made helps demonstrate alignment with the provision's boundaries.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Housing Choice Voucher Guidebook § 10.1.2, applicants have a right to know that a PHA may only deny admission based on current illegal drug use, not past use or prior enrollment in a drug treatment program. If a PHA requests a signed consent form, that authorization is limited in scope to confirming current use status. Applicants who believe a denial was based on past use rather than current use may consider raising this distinction as a basis for appeal, contacting a local tenant-rights or fair housing organization, or filing a complaint with the U.S. Department of Housing and Urban Development.
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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