On September 26th, HUD issued a notice rescinding the guidance titled Guidance for Public Housing Agencies and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions (HUD Notice 2015-10). HUD Secretary Scott Turner released a letter on November 25th declaring a new emphasis on safety, in and outside of affordable housing properties funded by HUD. Secretary Turner positions safety as the centerpiece of HUD’s current mission “to restore law and order in our communities” and ensure that federally assisted housing provides decent, safe, and affordable living conditions.
- HUD now explicitly encourages PHAs and private owners to:
- Conduct criminal history screening before admission
- Monitor residents for criminal activity
- Use termination authority proactively when threats to safety are identified
- Strengthen physical and contracted security measures at properties
This represents a return to a more stringent interpretation of HUD’s “One Strike” enforcement philosophy. HUD’s One-Strike policy originated in the 1990s but had been moderated since 2015 when HUD provided fair housing guidance regarding criminal record screening.
Key Guidance Documents Rescinded
HUD rescinded the following prior guidance:
- 2015 Notice limiting the use of arrest records in housing decisions
- 2016 HUD General Counsel Memo on Fair Housing Act considerations in criminal record usage
- 2022 Fair Housing and Equal Opportunity memo reinforcing limitations on background checks
HUD states these materials created “confusion” and had a “chilling effect” that discouraged robust screening and enforcement. Their withdrawal grants PHAs significantly more discretion in using criminal history data to deny admissions or terminate tenancy. The withdrawal of these memos may give the appearance that PHAs and Owner/Agents can now enforce discriminatory criminal criteria with impunity, and perhaps that was HUD’s intent. However, the withdrawal of these memos does not change the underlying HUD regulation at § 100.500, which is the regulatory framework on which notice 2015-19, and the 2016 and 2022 Memos were built upon.
§ 100.500 Discriminatory effect prohibited, which states: “Liability may be established under the Fair Housing Act based on a practice’s discriminatory effect, as defined in paragraph (a) of this section, even if the practice was not motivated by a discriminatory intent.”
As mentioned in “HUD Pulls Key Arrest-Record Guidance: Impacts for Multifamily Housing and Fair Housing Compliance”
What This Notice and Letter Do Not Do
IT DOES NOT REQUIRE DENIALS BASED ON ARRESTS
HUD is not requiring that HUD-assisted properties deny applicants based on arrest records. This notice simply rescinds previous guidance which prohibited using arrest records as a basis for denial.
IT DOES NOT ELIMINATE FAIR HOUSING LIABILITY
If a HUD Owner/Agent chooses to revise their tenant selection criteria to deny based on arrest records instead of convictions, this notice does not insulate the Owner/Agent from potential charges of discrimination under the Fair Housing Act.
Mandatory Denials: Requirements That Have Not Changed
HUD reiterates the federal regulations that already require PHAs to deny admission to individuals who:
- Were evicted from federally assisted housing within the past 3 years for drug-related activity
- Are currently using illegal drugs
- Were convicted of manufacturing methamphetamine on federally assisted premises
- Are registered lifetime sex offenders
- Have a history of alcohol abuse that threatens safety or peaceful enjoyment
These requirements remain unchanged—but the letter emphasizes their strict enforcement.
Expanded Discretion: What PHAs May Consider
While mandatory denials are limited, PHAs and owners have broad discretionary authority to deny admissions or terminate assistance based on:
- Criminal behavior affecting health, safety, or peaceful enjoyment.
- Violent or drug-related activity.
- Alcohol abuse that impacts community stability.
HUD is making it clear: PHAs should use that discretion proactively.
Termination of Assistance: Stronger Direction to Act Quickly
HUD further directs PHAs to “continuously monitor” households for criminal activity and take immediate action, including termination, when:
- Criminal drug use is occurring or patterns of use pose a risk.
- Violent criminal behavior occurs.
- Methamphetamine production is discovered.
- Alcohol abuse threatens safety.
The letter explicitly ties these expectations to the long-standing “One Strike and You’re Out” framework.
Safety Measures Beyond Screening
HUD encourages PHAs to invest in broader safety strategies, including:
- Surveillance and physical security enhancements.
- Contracted security services.
- Public posting of the HUD Inspector General Hotline.
- Directing residents and staff to call 911 for active crimes or safety emergencies.
This indicates a holistic view of crime prevention in federally assisted housing.
Why This Matters
This policy change will impact:
For PHAs and Owners:
- Needed updates to Admissions and Continued Occupancy Policies (ACOPs).
- Adjustments to Housing Choice Voucher administrative plans.
- Revised tenant communication and staff training.
- Potential fair housing and civil rights considerations in enforcement.
For Applicants and Residents:
- Increased scrutiny of criminal histories.
- Renewed enforcement of lease obligations.
- Possible uptick in terminations or denials
- Greater emphasis on property safety
For Communities:
HUD’s shift is intended to reduce crime at assisted housing sites—but it may also spark new debates about fairness, rehabilitation, and access to affordable housing.
Conclusion
At this time, we do not recommend making any changes to criminal screening criteria that would allow denials based solely on an arrest records. Such changes may result in a future charge of discriminations, even if no action is taken currently by HUD or the DOJ.
HUD’s November 2025 letter reflects a decisive pivot toward stricter criminal screening and enforcement across federally assisted housing. By rescinding previous limitations and reaffirming “One Strike” principles, HUD is signaling a new era—one where PHAs and owners are not only permitted but encouraged to take a more aggressive approach to screening and enforcement in the name of resident safety.
This article is for informational purposes only and does not constitute legal advice. Readers should consult qualified legal counsel regarding specific circumstances.
