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)

HUD guidance — not codified law
In Force
Verified 10/6/2026 · Next check 10/13/2026
effective 10/6/2026FederalAffordable Housing Programs

Operative Text

HUD Housing Notice § 2025-05
                   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

Source: Legislative text reproduced verbatim
Plain English

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.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

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.

For Tenants

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.

Effective Timeline

Current
Oct 6, 2026
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Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

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