HUD PIH Notice § 2025-26
Rescission of Joint Notice PIH 2015-19 / H 2015-10, Guidance on the Use of Arrest Records in Housing Decisions (HUD PIH 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
PIH Notice 2025-26 / H 2025-05, issued September 26, 2025, formally withdraws the 2015 HUD guidance that had directed public housing agencies and federally assisted housing owners to exclude arrest records from 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 With that prior guidance rescinded, the specific policy framework it established no longer carries HUD's official endorsement.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 directed back to the underlying federal 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.
Operators of federally assisted housing and public housing agencies covered by PIH Notice 2025-26 / H 2025-05 generally look to the baseline federal regulations—24 CFR 5.851, 24 CFR 960, and 24 CFR 982—as the primary framework for screening and admissions policies involving arrest records, now that the 2015 guidance has been rescinded. Compliant operators also review applicable state and local laws, which may impose independent requirements or restrictions on the use of arrest records in housing decisions. Directing questions about how this rescission affects specific program operations to the local HUD field office is the channel HUD itself identifies in this notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and applicants in federally assisted housing or public housing programs should be aware that PIH Notice 2025-26 / H 2025-05 withdrew the 2015 HUD guidance that had discouraged the use of arrest records in housing decisions, meaning that prior policy framework no longer applies at the federal level. Federal regulations at 24 CFR 5.851, 24 CFR 960, and 24 CFR 982, along with state and local laws, continue to define the boundaries of how arrest records can be used. Those who believe their rights under remaining federal, state, or local rules have been affected may consider contacting a local tenant-rights organization, a legal aid office, or the local HUD field office for information about available options.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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