HUD HCV Guidebook § 5.5

Having clear, written screening policies that are publicly available (e.g., on a PHA’s website) and distributed to
applicants can help ensure compliance with fair housing and civil rights laws. PHAs are encouraged to provide
as much detail as possible about which records will be considered (e.g., for what type of crimes, what credit
score cutoff, evictions from how long ago), how an applicant can dispute their relevancy or accuracy, and how
evidence of mitigating circumstances will be treated.146 In general, a policy of providing applicants with an
opportunity explain the context of a record or dispute its accuracy before a denial can help ensure that a
screening policy is not overbroad.

Using a third-party screening company to conduct tenant screenings does not negate the fair housing and civil
rights obligations of a PHA. PHAs should be aware that they may be held responsible for any discriminatory
acts by a third-party screening company.147 Therefore, caution and oversight are recommended when using a
third-party screening company to ensure that it is not conducting tenant screenings in a manner that violates
fair housing and civil rights laws.148 A PHA using a screening company is responsible for ensuring that
screenings do not consider records or activities outside of the PHA’s screening policy and must be able to

141 See 42 U.S.C. 13661(c).
142 See, e.g., Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest

Records in Housing Decisions, available at https://www.hud.gov/sites/documents/PIH2015-19.PDF.
143 Giebeler v. M & B Associates, 343 F.3d 1143 (9th Cir.2003)
144 See PIH notice 2017-8.
145 24 CFR 5.105(a)(1).
146 24 CFR 5.852 (e).
147 24 CFR 100.7(b).
148 24 CFR 960.509(b)(11)(iv)(G)(4).

Fair Housing and Nondiscrimination Requirements                                                                          39
US Department of Housing and Urban Development                                                                   April 2025

inform the applicant of the basis for their denial with specificity.149 PHAs should also be aware that the use of
third-party tenant screening reports will subject the PHA to other requirements, including the Fair Credit
Reporting Act150 and any federal or state law governing the use of tenant screening reports.
Additional information about requirements for screening tenants can be found in the Eligibility and
Determination and Denial of Assistance and Waiting List and Tenant Selection chapters of this Guidebook.