24 C.F.R. § 960.203

Standards for PHA tenant selection criteria

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(a) The tenant selection criteria to be established and information to be considered shall be reasonably related to individual attributes and behavior of an applicant and shall not be related to those which may be imputed to a particular group or category of persons of which an applicant may be a member. The PHA may use local preferences, as provided in § 960.206.

(b) Under the Public Housing Assessment System (PHAS), PHAs that have adopted policies, implemented procedures and can document that they successfully screen out and deny admission to certain applicants with unfavorable criminal histories receive points. (See 24 CFR 902.43(a)(5).) This policy takes into account the importance of screening to public housing communities and program integrity, and the demand for assisted housing by families who will adhere to lease responsibilities.

(c) In selection of families for admission to its public housing program, or to occupy a public housing development or unit, the PHA is responsible for screening family behavior and suitability for tenancy. The PHA may consider all relevant information, which may include, but is not limited to:

(1) An applicant's past performance in meeting financial obligations, especially rent;

(2) A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences which may adversely affect the health, safety or welfare of other tenants; and

(3) A history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or welfare of other tenants. (See § 960.204.) With respect to criminal activity described in § 960.204:

(i) The PHA may require an applicant to exclude a household member in order to be admitted to the housing program where that household member has participated in or been culpable for actions described in § 960.204 that warrants denial.

(ii) The PHA may, where a statute requires that the PHA prohibit admission for a prescribed period of time after some disqualifying behavior or event, choose to continue that prohibition for a longer period of time.

(4) PHA tenant selection criteria are subject to 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). In cases of requests for emergency transfers under VAWA, with the written consent of the victim of domestic violence, dating violence, sexual assault, or stalking, the receiving PHA may accept and use the prior covered housing provider's determination of eligibility and tenant screening and all related verification information, including form HUD 50058 (Family Report).

(d) In the event of the receipt of unfavorable information with respect to an applicant, consideration shall be given to the time, nature, and extent of the applicant's conduct (including the seriousness of the offense).

(1) In a manner consistent with the PHA's policies, procedures and practices referenced in paragraph (b) of this section, consideration may be given to factors which might indicate a reasonable probability of favorable future conduct. For example:

(i) Evidence of rehabilitation; and

(ii) Evidence of the applicant family's participation in or willingness to participate in social service or other appropriate counseling service programs and the availability of such programs;

(2) Consideration of rehabilitation. (i) In determining whether to deny admission for illegal drug use or a pattern of illegal drug use by a household member who is no longer engaging in such use, or for abuse or a pattern of abuse of alcohol by a household member who is no longer engaging in such abuse, the PHA may consider whether such household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. 13661). For this purpose, the PHA may require the applicant to submit evidence of the household member's current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully.

(ii) If rehabilitation is not an element of the eligibility determination (see § 960.204(a)(1)), the PHA may choose not to consider whether the person has been rehabilitated.

[66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016]

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1988–2024 · leading case: Sager v. Hous. Comm'n, 855 F. Supp. 2d 524 (D. Maryland 2012).

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Sager v. Hous. Comm'n, 855 F. Supp. 2d 524 (D. Maryland 2012). · cites it 2× “Moreover, the regulations state, at 24 C.F.R. § 960.203 (c): (c) In selection of families for admission to its public housing program, or to occupy a public housing development or unit, the PHA is responsible for screening family behavior and suitability for tenancy.”

Landers v. Chicago Hous. Auth., 936 N.E.2d 735 (Ill. App. Ct. 2010). · cites it 3× “F(l)(h), citing 24 C.F.R. §960.203 (2006). According to the screening criteria, the CHA will reject an application where the CHA “can document via police arrest and/or conviction documentation” that “[a]n applicant *** has a criminal history in the past three years that involves…”

Bennington Hous. Auth. v. Bush, 933 A.2d 207 (Vt. 2007). · cites it 2× “” 24 C.F.R. § 960.203 (b) (2006). Requiring applicants to be truthful on their housing applications serves these goals, and those who are not truthful may clearly be expelled.”

Cmty. Homes of Bismarck, Inc. v. Main, 794 N.W.2d 204 (N.D. 2011). “” See 24 C.F.R. § 960.203 (c)(1) (2010) (Public Housing Authority may consider all relevant information in determining suitability for tenancy, including an applicant's past performance in meeting financial obligations, especially rent); 24 C.”

Lancaster v. Martinez, 298 A.D.2d 585 (N.Y. App. Div. 2002). “There is no merit to the petitioner’s contention that the denial of her grievance based upon her criminal conviction was onerous and against public policy, as the Housing Authority has the right to impose screening and eligibility requirements for remaining family member…”

Abdil v. Martinez, 307 A.D.2d 238 (N.Y. App. Div. 2003). “These regulations require respondent to screen tenant families’ behavior and their suitability for tenancy (24 CFR 960.203 [c]). Each tenant family’s composition must be identified and, as occupants, family members must be approved by the Housing Authority; the tenant must…”

Young v. Pierce, 685 F. Supp. 975 (E.D. Tex. 1988). “See 24 C.F.R. § 960.203 ; 24 C.F.R. § 1.4 (b)(2)(ii).”

Kelly Mgt LLC v. Soltero, 27 Misc. 3d 984 (N.Y. City Civ. Ct. 2010). “The court notes that New York City Housing Authority regulations preclude an individual’s right to succeed to a tenancy where the individual is found to have a criminal record (see 24 CFR 960.”

State v. Wilson, 2011 ND 18 (N.D. 2011). “” See 24 C.F.R. § 960.203 (c)(1) (2010) (Public Housing Authority may consider all relevant information in determining suitability for tenancy, including an applicant’s past performance in meeting financial obligations, especially rent); 24 C.”

Bennington Hous. Auth. v. Bush, 933 A.2d 207 (Vt. 2007). “(FN5) However intangible, BHA's damage was the loss of its right to make an informed decision based on a truthful application, and its right under the regulations to exclude burglars and drug dealers from its housing project.”

Landers v. Chicago Hous. Auth. (Ill. App. Ct. 2010). · cites it 2× “F(1)(h), citing 24 C.F.R. §960.203 (2006). 4 The ACOP applicable to this appeal, and the version appearing in the record on appeal, is the amended 2007 ACOP.”

Worthy v. Cmty. Mgmt. Assocs. Inc. (E.D. Mich. 2024). “See 24 C.F.R. § 960.203 (c)(3). In fact, 24 C.”

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