24 C.F.R. § 5.855

When am I specifically authorized to prohibit admission of individuals who have engaged in criminal activity?

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(a) You may prohibit admission of a household to federally assisted housing under your standards if you determine that any household member is currently engaging in, or has engaged in during a reasonable time before the admission decision:

(1) Drug-related criminal activity;

(2) Violent criminal activity;

(3) Other criminal activity that would threaten the health, safety, or right to peaceful enjoyment of the premises by other residents; or

(4) Other criminal activity that would threaten the health or safety of the PHA or owner or any employee, contractor, subcontractor or agent of the PHA or owner who is involved in the housing operations.

(b) You may establish a period before the admission decision during which an applicant must not have engaged in the activities specified in paragraph (a) of this section (reasonable time).

(c) If you previously denied admission to an applicant because of a determination concerning a member of the household under paragraph (a) of this section, you may reconsider the applicant if you have sufficient evidence that the members of the household are not currently engaged in, and have not engaged in, such criminal activity during a reasonable period, determined by you, before the admission decision.

(1) You would have sufficient evidence if the household member submitted a certification that she or he is not currently engaged in and has not engaged in such criminal activity during the specified period and provided supporting information from such sources as a probation officer, a landlord, neighbors, social service agency workers and criminal records, which you verified. (See subpart J of this part for one method of checking criminal records.)

(2) 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.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2007–2021 · leading case: State v. Blake, 481 P.3d 521 (Wash. 2021).

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State v. Blake, 481 P.3d 521 (Wash. 2021). “§ 13661 , 24 C.F.R. § 5.855 (denial of admission to federally assisted housing for a “reasonable time”); 21 U.”

Aubrey Mitchell v. Ridgewood East Apts., LLC, 205 So. 3d 1069 (Miss. 2016). “24 C.F.R. § 5.855 (a). § 5.903 What special authority is there to obtain access to criminal records? (a) Authority.”

Ross v. Broadway Towers, Inc., 228 S.W.3d 113 (Tenn. Ct. App. 2007). · cites it 4× “See 24 C.F.R. § 5.855 . These regulations do not provide any time limitation as to how far back the property owner may go when requesting a criminal history.”

United States v. Nesbeth, 188 F. Supp. 3d 179 (E.D.N.Y 2016). “§ 13661 and 24C.F.R. § 5.855, Ms. Nesbeth and her household may be denied admission to federally assisted housing for a “reasonable time.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.