24 CFR 960.203 Exhibit B

wreier-aviles on DSK5TPTVN1PROD with CFR

Asst. Secry., for Public and Indian Housing, HUD
list shall be extremely low income families. This is called the ‘‘basic targeting requirement.’’
(ii) To the extent provided in paragraph (b)(2) of this section, admission
of extremely low income families to
the PHA’s Section 8 voucher program
during the same PHA fiscal year is
credited against the basic targeting requirement.
(iii) A PHA must comply with both
the targeting requirement found in this
part and the deconcentration requirements found in part 903 of this chapter.
(2) Credit for admissions to PHA voucher program. (i) If admissions of extremely low income families to the
PHA’s voucher program during a PHA
fiscal year exceeds the 75 percent minimum targeting requirement for the
PHA’s voucher program (see 24 CFR
982.201(b)(2)), such excess shall be credited (subject to the limitations in paragraph (b)(2)(ii) of this section) against
the PHA’s basic targeting requirement
for the same fiscal year.
(ii) The fiscal year credit for voucher
program admissions that exceed the
minimum voucher program targeting
requirement shall not exceed the lower
of:
(A) Ten percent of public housing
waiting list admissions during the PHA
fiscal year;
(B) Ten percent of waiting list admission to the PHA’s Section 8 tenantbased assistance program during the
PHA fiscal year; or
(C) The number of qualifying low income families who commence occupancy during the fiscal year of PHA
public housing units located in census
tracts with a poverty rate of 30 percent
or more. For this purpose, qualifying
low income family means a low income
family other than an extremely low income family.
(c) Adoption and availability of tenant
selection policies. These selection policies shall:
(1) Be duly adopted and implemented;
(2) Be publicized by posting copies
thereof in each office where applications are received and by furnishing
copies to applicants or tenants upon request, free or at their expense, at the
discretion of the PHA; and

§ 960.203

(3) Be consistent with the fair housing and equal opportunity provisions of
§ 5.105 of this title; and
(4) Be submitted to the HUD field office upon request from that office.
§ 960.203 Standards for PHA tenant selection criteria.
(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

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§ 960.204

24 CFR Ch. IX (4–1–15 Edition)

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,
protections for victims of domestic violence, dating violence, or stalking.
(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]

§ 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
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

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