[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR960.204]

[Page 435-436]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING--Table of Contents
 
                          Subpart B--Admission
 
Sec. 960.204  Denial of admission for criminal activity or drug abuse by household members.

    (a) Required denial of admission. (1) Persons evicted for drug-
related criminal activity. The PHA standards must prohibit admission of 
an applicant to the PHA's public housing program for

[[Page 436]]

three years from the date of the eviction if any household member has 
been evicted from federally assisted housing for drug-related criminal 
activity. However, the PHA may admit the household if the PHA 
determines:
    (i) The evicted household member who engaged in drug-related 
criminal activity has successfully completed a supervised drug 
rehabilitation program approved by the PHA; or
    (ii) The circumstances leading to the eviction no longer exist (for 
example, the criminal household member has died or is imprisoned).
    (2) Persons engaging in illegal use of a drug. The PHA must 
establish standards that prohibit admission of a household to the PHA's 
public housing program if:
    (i) The PHA determines that any household member is currently 
engaging in illegal use of a drug (For purposes of this section, a 
household member is ``currently engaged in'' the criminal activity if 
the person has engaged in the behavior recently enough to justify a 
reasonable belief that the behavior is current); or
    (ii) The PHA determines that it has reasonable cause to believe that 
a household member's illegal use or pattern of illegal use of a drug may 
threaten the health, safety, or right to peaceful enjoyment of the 
premises by other residents.
    (3) Persons convicted of methamphetamine production. The PHA must 
establish standards that permanently prohibit admission to the PHA's 
public housing program if any household member has ever been convicted 
of drug-related criminal activity for manufacture or production of 
methamphetamine on the premises of federally assisted housing.
    (4) Persons subject to sex offender registration requirement. The 
PHA must establish standards that prohibit admission to the PHA's public 
housing program if any member of the household is subject to a lifetime 
registration requirement under a State sex offender registration 
program. In the screening of applicants, the PHA must perform necessary 
criminal history background checks in the State where the housing is 
located and in other States where household members are known to have 
resided. (See part 5, subpart J of this title for provisions concerning 
access to sex offender registration records.)
    (b) Persons that abuse or show a pattern of abuse of alcohol. The 
PHA must establish standards that prohibit admission to the PHA's public 
housing program if the PHA determines that it has reasonable cause to 
believe that a household member's abuse or pattern of abuse of alcohol 
may threaten the health, safety, or right to peaceful enjoyment of the 
premises by other residents.
    (c) Use of criminal records. Before a PHA denies admission to the 
PHAs public housing program on the basis of a criminal record, the PHA 
must notify the household of the proposed action to be based on the 
information and must provide the subject of the record and the applicant 
with a copy of the criminal record and an opportunity to dispute the 
accuracy and relevance of that record. (See part 5, subpart J of this 
title for provisions concerning access to criminal records.)
    (d) Cost of obtaining criminal record. The PHA may not pass along to 
the applicant the costs of a criminal records check.