HUD Secretary Shaun Donovan has issued a letter to public housing agencies clarifying that ex-criminals may live in public housing under certain conditions. HUD outlines only two explicit circumstances under which ex-criminals are prohibited from public housing or issuance of a housing choice voucher: (1) lifetime ban on individuals discovered producing methamphetamine on public housing premises, and (2) sex offenders subject to lifetime registration under a state sex offender registration program.
A ban may be initiated if a PHA determines that any household member is engaged in illegal drug use, or the PHA has reasonable cause to believe that a household member’s drug of alcohol use could threaten the health, safety or enjoyment of the premises by other residents. A three-year ban is required if a household member has been evicted from federally assisted housing for drug related activity.
The letter from Donovan stresses that PHAs have discretion with regard to such bans, and that mitigating circumstances, such as participation in drug rehab programs or that circumstances that led to the eviction no longer exist.