Navigating HUD’s New Criminal Screening Rule: Key Impacts for HUD-Assisted Housing Providers

The U.S. Department of Housing and Urban Development (HUD) recently announced a proposed rule aimed at "Reducing Barriers to HUD-Assisted Housing," signaling potential changes to how housing providers screen applicants with criminal records. This rule, detailed in a 146-page notice, primarily affects providers participating in HUD-funded programs such as Public Housing, Section 8 assisted housing, and programs catering to elderly and disabled individuals. The announcement follows a comprehensive review of HUD regulations, policies, and guidance geared toward increasing opportunities for qualified individuals and families to receive housing assistance from HUD. 
 
The proposed rule introduces several provisions aimed at standardizing and potentially limiting the use of criminal history in tenant screening processes:

• Lookback Period: It establishes a uniform 3-year lookback period for evaluating criminal activity, both for mandatory and discretionary denials of housing applications. This period aims to balance public safety concerns with the reintegration of individuals with past convictions into stable housing.
• Definition of "Currently Engaged": For mandatory denials, the rule defines "currently engaged in criminal activities" with a narrower 12-month timeframe, providing clarity on what constitutes recent criminal behavior under federal law.
• Tenant Selection Plans: Housing providers would be required to update and publish tenant selection plans within six months, enhancing transparency in their screening criteria and procedures. This includes making plans and administrative strategies more accessible to prospective tenants and the public.
• Pre-Admissions Process: Prospective residents must be given at least 15 days to contest the accuracy or relevance of any provided criminal information and to submit mitigating evidence before a final admissions decision is made.

Since the proposal's announcement, the National Apartment Association (NAA), alongside Council for Affordable and Rural Housing, National Affordable Housing Management Association, National Association of Home Builders, National Leased Housing Association, and National Multifamily Housing Council, have expressed concerns about the rule's potential broad application beyond HUD-assisted housing, potentially impacting all housing providers subject to the Fair Housing Act.

The public comment period, which closed on June 10, 2024, saw significant engagement from industry stakeholders – more than 2,000 NAA members participated in NAA’s call to action. 

In its rulemaking announcement, HUD acknowledged the NAA's concerns by specifically excluding housing providers participating in the Section 8 Housing Choice Voucher and Project-Based Voucher programs from certain provisions, aiming to prevent any disincentive for owner participation. The NAA remains engaged with HUD regulators as the rule advances through the federal rulemaking process.  

For more detailed information on the HUD resident screening rulemaking announcement, contact Joe Riter, NAA’s Senior Manager of Public Policy.