HUD HCV Guidebook § 10.1.3

Records Retention and Confidentiality (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 9/25/2026 · Next check 10/2/2026
effective 9/25/2026FederalPrivacy & Tenant Data

Operative Text

HUD HCV Guidebook § 10.1.3
Criminal records must62 be maintained confidentially and may only be disclosed to persons with a job-related
need to know the contents. Criminal background results, including sex offender results must63 not be shared
directly with the owner, and they must64 be destroyed promptly once their purpose has been served. For
example, if the PHA decides to admit the family to the program, the records must be destroyed immediately. If
the PHA decides to deny admission based on the criminal conviction record, the record may be retained
during the period allowed for requesting an informal review, and until the review, if requested, has been
completed. The record must then be destroyed promptly. The PHA must not retain criminal conviction records
for longer periods, even if the records are stored separately from the family’s file. Criminal background records
of sex offenders are subject to the rules governing other criminal conviction records. However, the PHA
must65 retain a record of the type of screening and the date screening was performed.

61
   24 CFR § 5.903(b)(1)
62
   24 CFR § 5.905(c)(1)(i) and (ii); § 5.903(g)(1) and (2)
63
   24 CFR § 5.905(b)(4)
64
   24 CFR § 5.905(c)(1)(iii); § 5.903(g)(3)
65
   24 CFR § 982.158(f)
Source: Legislative text reproduced verbatim

Effective Timeline

Current
Sep 25, 2026
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Related Rules

§ 5.210
§ 5.210 Purpose, applicability, and Federal preemption.
§ 5.212
§ 5.212 Compliance with the Privacy Act and other requirements.
§ 1022.21
§ 1022.21 Affiliate marketing opt-out and exceptions.

Source Information