HUD Housing Notice § 2025-05
Rescission of Joint Notice PIH 2015-19 / H 2015-10, Guidance on the Use of Arrest Records in Housing Decisions (HUD Housing Notices)
Operative Text
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Public and Indian Housing
Office of Housing
______________________________________________________________________________
Special Attention of: Notice PIH 2025-26 / H 2025-05
Public Housing Agency Directors
Public Housing Field Office Directors Issued: September 26, 2025
Resident Management Corporations
All Multifamily Hub Directors This notice rescinds Notice PIH 2015-19 / H
All Multifamily Program Center Directors 2015-10.
____________________________________________________________________________
SUBJECT: Rescission of Joint Notice PIH 2015-19 / H 2015-10, Guidance on the Use of
Arrest Records in Housing Decisions
1. Purpose. This notice rescinds Notice PIH 2015-19 / H 2015-10, Guidance for Public
Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use
of Arrest Records in Housing Decisions.
2. Applicability. This notice applies to all owners of federally assisted housing and PHAs and
localities that operate a Public Housing or Housing Choice Voucher program. PHAs and
owners should continue to follow HUD regulations at 24 CFR 5.851, 24 CFR 960 and 24
CFR 982 and all relevant State and local laws related to the use of arrest records in housing
decisions.1
3. Further Information. Questions regarding this notice should be directed to your local HUD
field office.
____________________________ _______________________________
Benjamin Hobbs Frank Cassidy
Principal Deputy Assistant Secretary Principal Deputy Assistant Secretary
Office of Public and Indian Housing Office of Housing
1
https://www.federalregister.gov/documents/2001/05/24/01-12840/screening-and-eviction-for-drug-abuse-and-
other-criminal-activity
www.hud.gov
Housing Notice § 2025-05 (PIH 2025-26 / H 2025-05) formally withdraws the 2015 HUD guidance that had directed public housing agencies and federally assisted housing owners to exclude arrest records—as distinct from conviction records—from tenant screening and housing decisions. With that prior guidance rescinded, the specific policy framework it established no longer carries HUD's official endorsement. Owners and public housing agencies are now directed to look to existing HUD regulations at 24 CFR 5.851, 24 CFR 960, and 24 CFR 982, as well as applicable state and local laws, as the governing framework for how arrest records may be used in housing decisions.
Plain English — not legal advice.
Under Housing Notice § 2025-05, operators of federally assisted housing and public housing agencies should be aware that the 2015 guidance restricting the use of arrest records in screening decisions has been formally rescinded. Compliant operators generally review the current regulatory framework—specifically 24 CFR 5.851, 24 CFR 960, and 24 CFR 982—along with any applicable state and local laws, to understand what standards now govern their screening policies. Because state and local fair chance housing laws may independently restrict the use of arrest records, operators commonly audit their admissions and screening policies against all applicable legal layers whenever federal guidance changes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Housing Notice § 2025-05 means that the federal policy guidance that had discouraged public housing agencies and federally assisted housing owners from using arrest records in housing decisions is no longer in effect. However, tenants and applicants should be aware that HUD regulations at 24 CFR 5.851, 24 CFR 960, and 24 CFR 982 still apply, and many states and localities have their own fair chance housing laws that may independently limit how arrest records can be used against applicants or residents. Those who believe an arrest record was used improperly in a housing decision may consider contacting their local HUD field office, a local tenant-rights organization, or a legal aid provider familiar with both federal regulations and applicable state and local protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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