Policy Statement 24, Research Highlight 5
Public housing agencies and providers of section 8 and other federally assisted housing are statutorily required to deny housing to certain individuals.
As discussed in Policy Statement 19, Housing, individuals who have been evicted from public, federally assisted, or Section 8 housing because of drug-related criminal activity are ineligible for public or federally assisted housing for three years. Any household with a member who is subject to a lifetime registration requirement under a state registration program due to criminal conviction of a sex offense is permanently ineligible, as are households with a member who has been convicted of methamphetamine production on public housing premises. Public housing law also permits public housing agencies and providers of Section 8 and other federally assisted housing to deny housing to entire households if a single member has certain other kinds of criminal records or is currently using drugs illegally. Individuals who have engaged in (1) any drug-related criminal activity; (2) any violent criminal activity; or (3) any other criminal activity that would adversely affect others' health, safety, or right to peaceful enjoyment of the premises may also be denied public, Section 8, and other federally assisted housing if the criminal activity occurred a "reasonable" time before the person applied for the housing. The statute does not specify how recent a conviction must be to be considered a "reasonable" basis for denying housing.

