There are four factors that PHAs must consider when determining eligibility for the HCV program. These include:
In addition to the eligibility factors, there are screenings that the PHA must conduct that may result in denial of assistance including:
Each applicant for assistance under the HCV program must meet HUD’s definition of a family. A family includes, but is not limited to, regardless of marital status, actual or perceived sexual orientation, or gender identity, the following:
PHAs are required to conduct criminal background screenings to determine if any household member is subject to a lifetime sex offender registration requirement for all states in which the household members are known to have lived. PHAs are also required to obtain a criminal background check at the request of the unit owner and to utilize the Debts Owed to PHAs & Terminations Report to identify any previous evictions that are listed on HUD or the PHA’s required reasons for denial of admission.
PHAs must ask all household members to provide a list of the states in which they have lived and whether their name appears on any lifetime sex offender registry. Law enforcement agencies may charge a reasonable fee for providing the records to the PHA. Such charges must not be passed along to the applicant family.
PHAs must require that each adult member of the household provide a signed, written authorization for the PHA to obtain criminal conviction records from the National Crime Information Center, police departments, and other law enforcement agencies.
Criminal records must be maintained confidentially, and the contents therein may only be disclosed to persons on a job-related need to know basis. Criminal background results, including sex offender results must not be shared directly with the unit owner, and they must be destroyed promptly once their purpose has been served. However, the PHA must retain a record of the type of screening and the date screening was performed.
PHAs may deny admission based on criminal convictions or if the evidence indicates that a family member has engaged in such activity. PHAs are prohibited from denying admission solely based on arrest records.
If the PHA decides to deny admission based on a criminal conviction record, the PHA must notify the family of the pending denial action and must give the family an opportunity to dispute the accuracy and/or relevance of the record. A copy of the criminal conviction record must be provided to the head of household and to the subject of the record at this time.
PHAs are required to deny admission for the following specific types of criminal activity or alcohol abuse:
PHAs may establish policies that are stricter than the regulatory requirements listed above, so long as those policies do not discriminate in violation of civil rights laws. PHA policies may not be more lenient than those specified above.
PHAs must establish local policies concerning denial of assistance to applicants for the following reasons: