HUD HCV Guidebook § 10.1.4

Denial of Assistance for Criminal Activity (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 10.1.4
PHAs may deny admission based on criminal convictions or if the preponderance of evidence indicates that a
family member has engaged in such activity. PHAs are prohibited66 from denying admission solely based on
arrest records. If the PHA decides to deny admission based on a criminal conviction record, the PHA must67
notify the family of the pending denial action and must give the family an opportunity to dispute the accuracy
and/or relevance of the record. A copy of the criminal conviction record must68 be provided to the head of
household and to the subject of the record (if different) at this time. If the family does not dispute the record,
or if the family disputes the record and the PHA does not agree, the regular denial notice is sent.
PHAs must69 deny admission for the following specific types of criminal activity or alcohol abuse. Denial is
required when:
     1) A household member has been evicted from federally assisted housing within the last three years for
         drug-related criminal activity.
         • The PHA may admit the family if it determines that the household member who engaged in the
              activity has been successfully rehabilitated, or the circumstances no longer exist (because, for
              example, the household member is dead or in prison)
     2) The PHA determines that a household member is currently illegally using a controlled substance or
         such household member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or
         pattern of abuse) of alcohol, is determined by the PHA to interfere with the health, safety, or right to
         peaceful enjoyment of the premises by other residents. The PHA may consider whether such
         household member has taken steps to rehabilitate or has been rehabilitated and is no longer
         engaging in the illegal use of a controlled substance or abuse of alcohol.
         • Note: An individual may also qualify as an individual with disabilities under Federal civil rights
              statutes, which prohibit discrimination against individuals with disabilities and include reasonable
              accommodation obligations.
     3) Any household member has been convicted of the manufacture of methamphetamine on the premises
         of federally assisted housing.
     4) Any household member is subject to a lifetime sex offender registration requirement.
         • The PHA must check for sex offender registration in its own state and in any other state where the
              family has resided. Use of a nationwide database such as www.nsopw.org is recommended.
PHAs may establish policies that are stricter than the regulatory requirements listed above, so long as those
policies do not discriminate in violation of civil rights laws. For example, PHA policies may call for denial of
admission if any household member has been convicted of methamphetamine production, regardless of
whether the activity took place in federally assisted housing. PHA policies may not be more lenient than those
specified above.
Source: Legislative text reproduced verbatim
Plain English

Under HUD Housing Choice Voucher Guidebook § 10.1.4, public housing authorities (PHAs) may deny Housing Choice Voucher assistance based on criminal convictions or evidence of criminal activity, but they cannot deny admission based solely on an arrest record. Four categories trigger mandatory denial: recent eviction from federally assisted housing for drug-related activity, current illegal drug use or alcohol abuse that threatens other residents, methamphetamine manufacture on federally assisted premises, and lifetime sex offender registration status. Families facing denial based on a criminal record must be notified and given a chance to dispute its accuracy or relevance before a final decision is made.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

Property owners participating in the Housing Choice Voucher program should be aware that under § 10.1.4, PHAs—not landlords—are responsible for screening applicants against these criminal-history standards before issuing vouchers. Compliant operators generally understand that voucher holders have already passed a PHA admissions review, though landlords retain their own lawful screening rights under applicable fair housing rules. Familiarity with these PHA obligations helps operators understand the baseline vetting that voucher-holding applicants have undergone.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 10.1.4, applicants for Housing Choice Vouchers have the right to receive written notice if a PHA intends to deny admission based on a criminal conviction record, along with a copy of that record and an opportunity to dispute its accuracy or relevance. Arrest records alone cannot be the sole basis for denial, which is a right tenants may raise if they believe a PHA has acted improperly. Tenant-rights organizations and legal aid offices can help applicants understand the informal hearing and grievance processes available through their local PHA.

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.

Effective Timeline

Current
Sep 25, 2026
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Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

Source Information