HUD HCV Guidebook § 11

EIV System Searches at Admission (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalCriminal History Restrictions

Operative Text

HUD HCV Guidebook § 11
PHA Options: Considerations for Screening Policies
     The minimum requirements for criminal background screenings and denial of assistance are
     outlined in this chapter. HUD has issued guidance encouraging PHAs to strike a balance between
     resident safety and the reentry needs of formerly incarcerated individuals and others with
     criminal history records. PHAs have broad discretion in setting their admission policies. HUD
     encourages PHAs to allow ex-offenders to rejoin their families when appropriate, and to consider
     other factors in their decisions such as rehabilitation and participation in social service programs.

     Related Resources:

     It Starts with Housing: Public Housing Agencies are Making Second Chances Real

     PIH Notice 2015-19: Guidance for Public Housing Agencies (PHAs) and Owners of Federally-
     Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions

     FAQs: Excluding the Use of Arrest Records in Housing Decisions

     Letter from Shaun Donovan, Secretary, United States Department of Housing and Urban
     Development, to Public Housing Agency Directors, June 17, 2011
Source: Legislative text reproduced verbatim
Plain English

Section 11 of the HUD Housing Choice Voucher Guidebook establishes that Public Housing Authorities (PHAs) hold broad discretion when setting admission policies related to criminal history, while still meeting minimum federal screening requirements. The provision reflects HUD's guidance that PHAs should weigh both resident safety and the reintegration needs of people with criminal records, including formerly incarcerated individuals. Factors such as rehabilitation efforts and participation in social service programs are explicitly recognized as relevant considerations in admission decisions.

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

Plain English — not legal advice.

For Property Managers

Under HUD Housing Choice Voucher Guidebook § 11, PHAs and the property owners who participate in their programs are expected to develop screening policies that go beyond a blanket exclusion of applicants with criminal histories. Compliant operators generally document how their policies account for rehabilitation, program participation, and family reunification considerations alongside safety concerns. Notably, PIH Notice 2015-19, referenced in § 11, specifically addresses the exclusion of arrest records — as opposed to conviction records — from housing decisions.

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

For Tenants

HUD Housing Choice Voucher Guidebook § 11 recognizes that applicants with criminal histories, including formerly incarcerated individuals, have a legitimate interest in being considered for housing assistance on a case-by-case basis. If a PHA denies assistance based on criminal history, tenants and applicants may have grounds to request an informal hearing and to present evidence of rehabilitation or participation in social service programs. Tenant-rights organizations and legal aid providers can help individuals understand how a PHA's specific screening policy aligns with the guidance outlined in § 11 and related HUD notices.

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

§ 5-5-5
DEFINITIONS
§ 5-5-7.5
NOTICE AND OPPORTUNITY TO DISPUTE CONVICTION
§ 5.4
Tenant Screening

Source Information