Well, they’re always changing, but this time, for the better! Arrest and conviction records denials won’t be as frequent! Cuz, duh. If you want people to be rehabilitated, housing goes a long ways towards making that happen! Homelessness, not so much.
As part of President Obama’s announcements
todayyesterday on re-entry programs (https://www.whitehouse.gov/the-press-office/2015/11/02/fact-sheet-president-obama-announces-new-actions-promote-rehabilitation), HUD has sent guidance to PHAs and owners of other HUD-assisted housing related to arrests and convictions.Here is the guidance, fresh off the presses: http://portal.hud.gov/hudportal/documents/huddoc?id=PIH2015-19.pdf
In summary, it says:
1. One-strike is not HUD policy
2. Arrests are not sufficient evidence of criminal activity to support an adverse housing decision.
3. Applicants and residents have due process rights if an adverse decision is being made based on criminal records.
4. Apply any restrictions fairly and in accordance with civil rights laws.
5. A list of best practicesMany of us have advocated for this type of guidance for a long time and it is exciting to see it finally happen! We will continue to push for more and broader guidance in the near future, particularly in the wake of the ICP Supreme Court case on disparate impact and the Fair Housing Act- which applies to all housing, not just HUD-assisted housing.
In the broader announcement, they are also announcing additional funding and programs to prevent/end the link between incarceration and unemployment and homelessness.
Best,
Janet
Janet M. Hostetler | Deputy Director
National Law Center on Homelessness & Poverty
