Regulatory Statues

Asst. Secry., for Public and Indian Housing, HUD
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]

erowe on DSK5CLS3C1PROD with CFR

§ 960.204 Denial of admission for
criminal activity or drug abuse by
household members.
(a) Required denial of admission—(1)
Persons evicted for drug-related criminal
activity. The PHA standards must prohibit admission of an applicant to the
PHA’s public housing program for
three years from the date of the eviction if any household member has been
evicted from federally assisted housing
for drug-related criminal activity.
However, the PHA may admit the
household if the PHA determines:
(i) The evicted household member
who engaged in drug-related criminal
activity has successfully completed a
supervised drug rehabilitation program
approved by the PHA; or
(ii) The circumstances leading to the
eviction no longer exist (for example,
the criminal household member has
died or is imprisoned).
(2) Persons engaging in illegal use of a
drug. The PHA must establish standards that prohibit admission of a
household to the PHA’s public housing
program if:
(i) The PHA determines that any
household member is currently engaging in illegal use of a drug (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); or
(ii) The PHA determines that it has
reasonable cause to believe that a
household member’s illegal use or pattern of illegal use of a drug may
threaten the health, safety, or right to

§ 960.204

peaceful enjoyment of the premises by
other residents.
(3) Persons convicted of methamphetamine production. The PHA must establish standards that permanently prohibit admission to the PHA’s public
housing program if any household
member has ever been convicted of
drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing.
(4) Persons subject to sex offender registration requirement. The PHA must establish standards that prohibit admission to the PHA’s public housing program if any member of the household is
subject to a lifetime registration requirement under a State sex offender
registration program. In the screening
of applicants, the PHA must perform
necessary criminal history background
checks in the State where the housing
is located and in other States where
household members are known to have
resided. (See part 5, subpart J of this
title for provisions concerning access
to sex offender registration records.)
(b) Persons that abuse or show a pattern of abuse of alcohol. The PHA must
establish standards that prohibit admission to the PHA’s public housing
program if the PHA determines that it
has reasonable cause to believe that a
household member’s abuse or pattern
of abuse of alcohol may threaten the
health, safety, or right to peaceful enjoyment of the premises by other residents.
(c) Use of criminal records. Before a
PHA denies admission to the PHAs
public housing program on the basis of
a criminal record, the PHA must notify
the household of the proposed action to
be based on the information and must
provide the subject of the record and
the applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of
that record. (See part 5, subpart J of
this title for provisions concerning access to criminal records.)
(d) Cost of obtaining criminal record.
The PHA may not pass along to the applicant the costs of a criminal records
check.

409

VerDate Mar<15>2010

10:07 May 20, 2011

Jkt 223080

PO 00000

Frm 00419

Fmt 8010

Sfmt 8010

Y:\SGML\223080.XXX

223080