[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: 24CFR960.204]



[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 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



[[Page 436]]



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.