On April 10, the U.S. Department of Housing and Urban Development (HUDA) published the proposed rule Reducing Barriers to HUD-Assisted Housing.
The rule proposes that people not be automatically or categorically denied access to or be terminated from HUD-assisted housing—including public housing, Housing Choice Vouchers, and HUD multifamily housing—due to a criminal record. Instead, HUD is proposing that public housing agencies (PHAs) and owners of HUD-assisted multifamily housing be required, when making an admissions decision, to use an individualized assessment that only considers criminal records that are relevant to endangering health and safety of staff and residents and also provide full consideration to mitigating factors and circumstances.
The proposed rule would continue to afford discretion to PHAs and assisted housing owners, while providing direction on adopting and implementing fair, effective, and comprehensive admissions and termination policies. HUD seeks public comment on this proposed rule by June 10, 2024.