[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR960.203]



[Page 434-435]

 

                 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.  960.203  Standards for PHA tenant selection criteria.



    (a) The tenant selection criteria to be established and information 

to be considered shall be reasonably related to individual attributes 

and behavior of an applicant and shall not be related to those which may 

be imputed to a particular group or category of persons of which an 

applicant may be a member. The PHA may use local preferences, as 

provided in Sec.  960.206.

    (b) Under the Public Housing Assessment System (PHAS), PHAs that 

have adopted policies, implemented procedures and can document that they 

successfully screen out and deny admission to certain applicants with 

unfavorable criminal histories receive points. (See 24 CFR 

902.43(a)(5).) This policy takes into account the importance of 

screening to public housing communities and program integrity, and the 

demand for assisted housing by families who will adhere to lease 

responsibilities.

    (c) In selection of families for admission to its public housing 

program, or to occupy a public housing development or unit, the PHA is 

responsible for screening family behavior and suitability for tenancy. 

The PHA may consider all relevant information, which may include, but is 

not limited to:

    (1) An applicant's past performance in meeting financial 

obligations, especially rent;

    (2) A record of disturbance of neighbors, destruction of property, 

or living or housekeeping habits at prior residences which may adversely 

affect the health, safety or welfare of other tenants; and

    (3) A history of criminal activity involving crimes of physical 

violence to persons or property and other criminal acts which would 

adversely affect the health, safety or welfare of other tenants. (See 

Sec.  960.204.) With respect to criminal activity described in Sec.  

960.204:

    (i) The PHA may require an applicant to exclude a household member 

in order to be admitted to the housing



[[Page 435]]



program where that household member has participated in or been culpable 

for actions described in Sec.  960.204 that warrants denial.

    (ii) The PHA may, where a statute requires that the PHA prohibit 

admission for a prescribed period of time after some disqualifying 

behavior or event, choose to continue that prohibition for a longer 

period of time.

    (d) In the event of the receipt of unfavorable information with 

respect to an applicant, consideration shall be given to the time, 

nature, and extent of the applicant's conduct (including the seriousness 

of the offense).

    (1) In a manner consistent with the PHA's policies, procedures and 

practices referenced in paragraph (b) of this section, consideration may 

be given to factors which might indicate a reasonable probability of 

favorable future conduct. For example:

    (i) Evidence of rehabilitation; and

    (ii) Evidence of the applicant family's participation in or 

willingness to participate in social service or other appropriate 

counseling service programs and the availability of such programs;

    (2) Consideration of rehabilitation. (i) In determining whether to 

deny admission for illegal drug use or a pattern of illegal drug use by 

a household member who is no longer engaging in such use, or for abuse 

or a pattern of abuse of alcohol by a household member who is no longer 

engaging in such abuse, the PHA may consider whether such household 

member is participating in or has successfully completed a supervised 

drug or alcohol rehabilitation program, or has otherwise been 

rehabilitated successfully (42 U.S.C. 13661). For this purpose, the PHA 

may require the applicant to submit evidence of the household member's 

current participation in, or successful completion of, a supervised drug 

or alcohol rehabilitation program or evidence of otherwise having been 

rehabilitated successfully.

    (ii) If rehabilitation is not an element of the eligibility 

determination (see Sec.  960.204(a)(1)), the PHA may choose not to 

consider whether the person has been rehabilitated.