On January 16, 2025, HUD published [Docket No. FR–6362–N–02] in the Federal Register an announcement that HUD will be withdrawing from “Reducing Barriers to HUD-Assisted Housing,” which was previously published in April of 2024.
Reducing Barriers to HUD-Assisted Housing’’ proposed to amend the regulations for certain HUD Public and Indian Housing and Housing programs that govern admission for applicants with criminal records or a history of involvement with the criminal justice system and eviction or termination of assistance of persons on the basis of illegal drug use, drug-related criminal activity, or other criminal activity.
The rule required PHAs and Owners/Agents to consider the nature, severity, and recency of criminal convictions when making admission decisions, instead of automatically denying housing based on any and all criminal history. The proposal was intended to support the reintegration of individuals with criminal backgrounds into society by providing housing opportunities when appropriate.
Targeting Fair Housing by Individualizing Screening Standards
The initiative to make criminal screening more individualized and less of a broad-brush was intended to ensure that persons with a criminal history would not be barred form housing programs indefinitely and avoid possible fair housing violations. For many property owners and PHAs, the level of risk associated with admitting persons with a criminal history was troubling – particularly when there are many other eligible applicants available.
HUD existing notices on the subjects of fair housing and screening, require housing providers to apply rules consistently and fairly. This includes balancing the safety and security of HUD-assisted properties with the need for equitable access to housing. Rules like “Reducing Barriers to HUD-Assisted Housing,” were intended to expand access to persons who had “Paid their debt to society.” Initiatives like this force a lot of questions about the systemic barriers to re-entry to society for persons with a criminal history, and how those considerations should be balanced with property owners who are trying to achieve safety and stability on their properties.
HUD has noted that it may return to the concept of reducing barriers to housing through rule making.
