Can you get Section 8 or public housing with a felony?

The rules

• A PHA must deny admission if anyone in the household is subject to a lifetime registration requirement under a state sex-offender registration program.^1,2,3

  24 CFR 960.204(a)(4) (public housing) and 982.553(a)(2)(i) (vouchers), implementing 42 U.S.C. 13663. The PHA must run criminal background checks in the state where the housing is located and in other states where household members are known to have lived. The ban turns on a current lifetime registration requirement, not on a felony conviction as such; a registration requirement for a fixed number of years is not covered by this mandatory rule, although the PHA may still weigh the underlying conduct under its discretionary standards.

• A conviction for manufacturing or producing methamphetamine on the premises of federally assisted housing permanently bars the household from public housing and Section 8, and ends existing assistance immediately.^1,2,4

  42 U.S.C. 1437n(f); 24 CFR 960.204(a)(3) and 982.553(a)(1)(ii)(C) for admission, and 982.553(b)(1)(ii) for immediate termination of voucher assistance. The rule is narrow: it covers meth production on federally assisted premises, not other drug convictions or meth offenses elsewhere.

• If anyone in the household was evicted from federally assisted housing for drug-related criminal activity, the PHA must deny admission for 3 years from the eviction, unless that person completed an approved supervised drug rehabilitation program or the circumstances no longer exist.^1,5,6

  42 U.S.C. 13661(a); 24 CFR 960.204(a)(1) and 982.553(a)(1)(i). HUD's example of changed circumstances is that the household member who engaged in the activity has died or is imprisoned. In public housing, a PHA may keep a prohibition that a statute sets for a fixed period in place for longer (24 CFR 960.203(c)(3)(ii)); owners of other HUD-assisted housing, such as project-based Section 8, have the same option (24 CFR 5.852(d)).

• A PHA must also deny admission when a household member is currently using illegal drugs, or when it has reasonable cause to believe that someone's drug use or alcohol abuse may threaten other residents' health, safety or peaceful enjoyment.^1,2,6,7

  24 CFR 960.204(a)(2) and (b); 982.553(a)(1)(ii)(A)-(B) and (a)(3). 'Currently engaging in' means the behavior happened recently enough to justify a reasonable belief that it is current. For someone who has stopped, the PHA may consider whether they completed or are in a supervised drug or alcohol rehabilitation program or have otherwise been rehabilitated (24 CFR 960.203(d)(2) for public housing, 982.552(c)(2)(iii) for vouchers; 42 U.S.C. 13661(b)(2)).

• For every other record, denial is up to the PHA: it may deny a household for drug-related criminal activity, violent criminal activity, or other criminal activity that threatens residents' or staff's health or safety, if it happened during a 'reasonable time' before admission, and the PHA sets that period itself.^2,5,6,8,9

  42 U.S.C. 13661(c); 24 CFR 982.553(a)(2)(ii) (vouchers) and 960.203(c)(3) (public housing); similar rules for other HUD-assisted housing are in 24 CFR 5.855. HUD defines 'violent criminal activity' as activity with an element of the use, attempted use or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage, and 'drug-related criminal activity' as illegal manufacture, sale, distribution or use of a drug, or possession with intent to do so (24 CFR 5.100). Federal rules don't set a single lookback for these discretionary denials; each PHA writes its period into its public housing admissions policy or voucher Administrative Plan, so the same felony can bar you at one agency and not at another. The rules say 'may', so a PHA can admit someone with a qualifying record.

• When a PHA finds unfavorable information, its public housing rules require it to consider the time, nature and extent of the conduct, including how serious the offense was, and it may weigh evidence of rehabilitation.^2,6,7,8

  24 CFR 960.203(d): consideration 'shall be given to the time, nature, and extent of the applicant's conduct (including the seriousness of the offense)', and the PHA may consider factors that indicate a reasonable probability of favorable future conduct, such as evidence of rehabilitation and participation in social service or counseling programs. In the voucher program, the PHA may consider all relevant circumstances, such as the seriousness of the case, the extent of each family member's participation or culpability, mitigating circumstances related to a family member's disability, and the effect of denial on family members who were not involved (24 CFR 982.552(c)(2)(i)). A voucher PHA that previously denied an applicant may reconsider with sufficient evidence that the household has not engaged in the activity during a reasonable period, such as a certification backed by verified information from a probation officer, landlord, neighbors, social service workers or criminal records (24 CFR 982.553(a)(2)(ii)(C)). Owners of other HUD-assisted housing, such as project-based Section 8, follow similar rules in 24 CFR 5.852 and 5.855; that part 5 subpart does not apply to public housing or vouchers (24 CFR 5.850(b)). Public housing selection criteria must relate to the applicant's own attributes and behavior, not to a group the applicant belongs to (960.203(a)).

• Before denying you because of a criminal record, the PHA must give you a copy of the record and a chance to dispute its accuracy and relevance, can't charge you for the check, and must offer an informal review (vouchers) or informal hearing (public housing).^1,2,10,11

  24 CFR 960.204(c)-(d) and 982.553(d). Voucher applicants get prompt written notice with reasons and an informal review by someone other than the person who made the decision (24 CFR 982.554). Public housing applicants found ineligible get prompt notice of the basis and, on request, an informal hearing (24 CFR 960.208(a)).

• HUD's 2024 proposed rule to change criminal-records screening in HUD-assisted housing was withdrawn on January 16, 2025 and never took effect.^12,13

  The proposed rule 'Reducing Barriers to HUD-Assisted Housing' (89 FR 25332, April 10, 2024; RIN 2501-AE08) would have revised the admission rules for applicants with criminal records and the eviction and termination rules. HUD's withdrawal notice (90 FR 4686, January 16, 2025) says HUD does not intend to issue a final rule and would need a new proposed rule to regulate the topic in the future. The 2016-era regulations described here remain in force; eCFR shows no change to 24 CFR 960.203, 960.204 or 982.553 since December 2016.

• In September 2025 HUD rescinded its 2015 notice on not using arrest records and its 2016 and 2022 Fair Housing Act guidance on criminal records, and in November 2025 the HUD Secretary told PHAs and owners to screen applicants for criminal history.^14,15,16,17

  Notice PIH 2025-26 / H 2025-05 (September 26, 2025) rescinded Notice PIH 2015-19 / H 2015-10 on excluding the use of arrest records, and tells PHAs and owners to keep following 24 CFR 5.851, parts 960 and 982, and state and local laws on arrest records. HUD's Office of General Counsel withdrew its April 4, 2016 guidance on applying Fair Housing Act standards to criminal records and its March 27, 2023 memo 'Limiting PHA and Owner Discretion in Admitting and Evicting Tenants in Federally Assisted Housing', effective September 25, 2025 (notice at 91 FR 44867, July 17, 2026). HUD's Office of Fair Housing and Equal Opportunity withdrew its June 10, 2022 memo implementing the 2016 guidance, effective September 17, 2025 (91 FR 17291, April 6, 2026). Secretary Turner's letter to PHAs and owners, dated November 25, 2025 and sent by HUD's email service the next day, lists screening for criminal history before admission among the steps PHAs and owners 'must take', restates the mandatory denials, says PHAs and owners have broad discretion to screen for criminal activity that would affect other residents' health, safety and peaceful enjoyment, and urges them to monitor households and strictly enforce lease rules. None of these documents changed the regulations themselves.

What can stand in the way

• With a voucher, the private landlord also screens you, and may consider drug-related or other criminal activity that threatens others' health, safety or property.¹⁸

  24 CFR 982.307(a): the owner is responsible for screening and selecting the family, and the PHA must tell the owner so. A PHA approval does not oblige a landlord to rent to you, although state and local fair chance laws may limit what landlords consider.

• Assistance can be ended later for criminal activity even without an arrest or conviction.^2,8

  A PHA may terminate voucher assistance if it finds, by a preponderance of the evidence, that a household member engaged in the activity, regardless of arrest or conviction (24 CFR 982.553(c)). PHAs must have standards allowing termination for current illegal drug use, drug-related criminal activity and violent criminal activity (982.553(b)). For other HUD-assisted housing, leases must allow termination if a tenant is fleeing to avoid prosecution or custody for a felony or is violating a condition of probation or parole (24 CFR 5.859(b)).

• A record of one household member can affect the whole household's application.^6,7,8

  The mandatory bans apply if 'any household member' is covered. In public housing, a PHA may require the household to exclude the member responsible as a condition of admission (24 CFR 960.203(c)(3)(i)); in the voucher program, a PHA may require that family members who took part in the conduct not live in the unit as a condition of assistance for the others (24 CFR 982.552(c)(2)(ii)); owners of other HUD-assisted housing have a similar option (24 CFR 5.852(b)). That can mean the rest of the family is assisted without that person.

Waivers and exceptions

• The 3-year drug-eviction bar can be lifted early if the person completed a PHA-approved supervised drug rehabilitation program or the circumstances behind the eviction no longer exist.^1,5

  24 CFR 960.204(a)(1) and 982.553(a)(1)(i); 42 U.S.C. 13661(a). These exceptions are at the PHA's discretion ('may admit').

• For discretionary denials, you can ask the PHA to reconsider with proof that no one in the household has engaged in the activity during the PHA's lookback period.^2,6

  In the voucher program, 24 CFR 982.553(a)(2)(ii)(C) lets a PHA reconsider an applicant it denied, and a signed certification plus supporting information from a probation officer, landlord, neighbors, social service workers or criminal records, which the PHA verifies, counts as sufficient evidence; 24 CFR 5.855(c) says the same for other HUD-assisted housing. Reconsideration is up to the PHA ('may'). Public housing agencies may weigh rehabilitation evidence (960.203(d)).

• If you are denied, request the informal review or hearing and dispute any record that is wrong or irrelevant.^10,11

  24 CFR 982.554 (vouchers) and 960.208 (public housing); 982.553(d) and 960.204(c) require the PHA to give you the record and a chance to dispute it.

How states handle it

The mandatory bans are federal and apply everywhere. Everything else is set by the local PHA's written policy within HUD's rules, so lookback periods and which offenses count vary from agency to agency. Some states, counties and cities also have fair chance housing laws that limit what housing providers may ask about or consider. These laws make room for federally required screening in different ways: New Jersey's lets providers ask about lifetime sex-offender registration and meth production in federally assisted housing even on the initial application, and New York City's lets public housing authorities and other state- or federally funded providers take the criminal-history actions they are required or authorized to take.

• New York

  The New York City Housing Authority's admissions policy makes applicants ineligible for public housing for set periods after a conviction, counted from the end of the sentence (not including parole or probation) with no further convictions or pending charges: 6 years for Class A, B or C felonies, 5 years for Class D or E felonies, 4 years for Class A misdemeanors and 3 years for Class B or unclassified misdemeanors. Lifetime sex-offender registration and meth production in federally assisted housing remain bars.¹⁹

• New York

  New York City's Fair Chance Housing Law (in effect since January 1, 2025) bars most housing providers in the city from checking criminal history until after a conditional offer, and then lets them consider only convictions that require current sex-offense registration, felony convictions with a release date (or sentencing date, if there was no jail time) in the last 5 years and misdemeanor convictions in the last 3 years. Arrests, pending cases, sealed records and youthful offender adjudications can't be considered, and a provider that revokes an offer must decide in writing after reviewing the whole application. The city's Commission on Human Rights says public housing authorities and other state- or federally funded providers may still take criminal-history actions they are required or authorized to take, but must follow the law's other processes.²⁰

• New Jersey

  New Jersey's Fair Chance in Housing Act (2021) bars most rental housing providers from asking about criminal history before a conditional offer (except about meth production in federally assisted housing and lifetime sex-offender registration). After an offer they may consider only certain convictions, such as murder and other listed serious crimes, and 1st-degree offenses within 6 years, 2nd- or 3rd-degree within 4 years and 4th-degree within 1 year of conviction or release, and they must do an individualized assessment. Arrests without conviction, expunged, pardoned, vacated or sealed records and juvenile adjudications can't be considered.²¹

• Illinois

  In Cook County, Illinois, the Just Housing Amendment (in effect since January 1, 2020) says landlords can't deny based on arrests, can't consider convictions more than 3 years old, and must do an individualized assessment before denying for a more recent conviction, with exceptions for current sex-offender registration and child sex offender residency restrictions.²²

What to do next

1. Check the two federal lifetime bars first: is anyone in your household subject to lifetime sex-offender registration, or was anyone convicted of making meth in federally assisted housing? Also check for a drug-related eviction from federally assisted housing in the last 3 years.
2. Get the admissions policy (public housing) or Administrative Plan (Section 8) of the specific PHA you're applying to and find its criminal-history section; it states which offenses it considers and the lookback period for each.
3. Get your own state and FBI records and court dispositions so you know what a background check will show, and correct errors before you apply.
4. Check whether your state, county or city has a fair chance housing law (such as New Jersey's Fair Chance in Housing Act, New York City's Fair Chance Housing Law or Cook County's Just Housing Amendment) that limits what housing providers may consider.
5. Gather mitigation evidence: proof the sentence and any probation or parole are complete, treatment or program completion, work history, and letters from a probation officer, landlord or caseworker.
6. If the record belongs to one household member, ask whether the rest of the household can be admitted without that person.
7. If you are denied, ask for the informal review or hearing right away, request a copy of the record the PHA used, and dispute anything inaccurate or irrelevant.

Where to ask

• 24 CFR 982.553 (eCFR)

  Section 8 voucher rules on denial and termination for criminal activity.

• 24 CFR 960.204 (eCFR)

  Public housing mandatory denials and your right to see and dispute the record.

• Notice PIH 2025-26

  HUD's September 2025 rescission of its 2015 arrest-records guidance.

• Your local public housing agency

  Find the PHA for your area and ask for its admissions policy or Administrative Plan.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.