HUD announced two plans last week, one centered on Potential Changes to Regulation Requiring Accessibility and Prohibiting Discrimination on the Basis of Disability in HUD-Assisted Programs the other on Removing Unnecessary Barriers to Housing for People with Criminal Records.

HUD issued an Advance Notice of Proposed Rulemaking on Nondiscrimination on the Basis of Disability, comments are due July 24. HUD posed 12 specific questions (each with sub-parts) regarding effective communication, program accessibility, adopting an updated Federal accessibility standard, and enforcement mechanisms as they seek to update Section 504 regulations. NH&RA plans to submit comments and welcomes feedback from our members on these topics.

HUD also announced plans to issue a Notice of Proposed Rulemaking, which will change HUD’s “regulations governing public housing agencies and HUD-subsidized housing providers to prevent unnecessary denials of housing assistance to people with criminal history records.” The announcement follows a comprehensive review of HUD regulations, policies and guidance geared toward increasing opportunities for qualified individuals and families to receive housing assistance from HUD. That review found that many of HUD’s regulations and sub-regulatory provisions could be improved and clarified to ensure that PHAs and HUD-affiliated owners are following recognized best practices, including:

  • Not automatically denying an applicant housing assistance simply based on the presence of a criminal conviction, other than where explicitly prohibited by federal law.
  • Disregarding criminal history that is unlikely to bear on fitness for tenancy, such as arrest records, sealed or expunged records, older convictions and convictions not involving violence or harm to persons or property.
  • Using individualized assessments to determine whether applicants truly pose a future risk to persons or property, taking into account other factors, such as the applicant’s employment, engagement in alcohol or drug treatment and constructive community involvement.
  • Providing applicants with criminal history records with reasonable time and opportunity to provide supporting information regarding mitigating factors before an admission decision is made.