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Section 8 Background Check: What PHAs Look For and Who Is Denied

By KPCB StaffCombined Expertise In The Low Income Housing Space For 10 Years · How we write our guides

section 8 approval process checks

A Section 8 background check looks mainly for criminal activity, past evictions from federally assisted housing, and money owed to housing agencies. Federal rules force a denial in only four situations. For everything else, including most felony records, your local public housing authority (PHA) decides based on its own written policy.

That means a criminal record does not automatically keep you out of the Housing Choice Voucher program. It also means the rules can be very different from one housing authority to the next, so the most useful thing you can do is read your PHA's policy before you apply.

Who runs the background check

You apply for a voucher through your local PHA, not through HUD. You can find yours on HUD's PHA contact list. Waiting lists are common, and USAGov notes that a PHA may close its list for a while when it has more families than it can help.

The PHA screens every household member who will live with you. Each adult must sign a consent form that lets the PHA get criminal conviction records from the National Crime Information Center, police departments and other law enforcement agencies, according to HUD's HCV Guidebook chapter on eligibility and denial. Adults also sign form HUD-9886, which lets the PHA verify income and other information, and form HUD-52675, which covers HUD's database of debts owed to housing agencies.

Police departments may charge the PHA a fee for records. Federal rules say the PHA cannot pass the cost of a criminal records check on to you.

Only the PHA decides whether you are eligible.

What the PHA looks for

The guidebook lists these required checks:

  • Whether anyone in the household is subject to a lifetime sex offender registration requirement, in your state and in every state where household members have lived. You will be asked to list those states.
  • Criminal history, from the law enforcement sources above.
  • HUD's Enterprise Income Verification (EIV) system, which shows whether anyone already gets assistance somewhere else or owes money to another PHA, or had assistance terminated.

The PHA may also ask for permission to contact a drug treatment facility to find out whether someone is currently using illegal drugs.

Be honest on the application. PHAs can deny families for fraud connected to a federal housing program, and the information you give is checked against records.

The four federal reasons a PHA must deny you

Federal regulations (24 CFR 982.553) require a PHA to deny admission in these situations:

  1. A household member was evicted from federally assisted housing for drug-related criminal activity. The ban lasts three years from the date of the eviction. The PHA may still admit the family if that person has successfully completed a supervised drug rehabilitation program the PHA approves, or if the circumstances that led to the eviction no longer exist (for example, the person has died or is in prison).
  2. A household member is currently using illegal drugs, or the PHA has reasonable cause to believe that someone's illegal drug use or alcohol abuse (or a pattern of it) may threaten other residents' health, safety or peaceful enjoyment of their homes. HUD's guidebook says the PHA may consider whether the person has been rehabilitated.
  3. A household member was convicted of manufacturing methamphetamine on the premises of federally assisted housing.
  4. A household member is subject to a lifetime sex offender registration requirement.

For the last two, HUD says the PHA must deny admission without weighing the circumstances. For the first two, the PHA has room to look at rehabilitation.

These rules were last changed in 2016, according to the eCFR. A PHA's rules can be stricter than these. For example, HUD's guidebook says a PHA may deny anyone convicted of making meth anywhere, not only in assisted housing. A PHA cannot be more lenient than the federal minimum.

What your PHA decides for itself

Beyond the four required denials, a PHA may deny a household if a member is currently engaged in, or during a "reasonable time" before admission engaged in, drug-related criminal activity, violent criminal activity, or other criminal activity that threatens other residents. Each PHA sets what that reasonable time is. HUD's guidebook says a PHA may deny based on a conviction or when the preponderance of the evidence shows someone engaged in the activity.

If a PHA denied you before because of criminal activity, it may reconsider. The regulation says the PHA can do this when household members certify they have not engaged in that activity during the PHA's reasonable period and back it up with information the PHA verifies, such as statements from a probation officer, landlord, neighbors or social service workers, or criminal records.

The PHA must also set local policies on whether to deny families who:

  • Were evicted from federally assisted housing within the past five years
  • Had voucher assistance terminated by any PHA
  • Violated program rules in the past
  • Committed fraud, bribery or another corrupt or criminal act related to a federal housing program
  • Currently owe rent or other money to a PHA, or broke a repayment agreement with one
  • Threatened or engaged in violent or abusive behavior toward PHA staff

Your PHA writes all of these choices into its administrative plan, and it must apply them the same way to everyone. Many PHAs post the plan on their website. If yours does not, ask the office for the section on denial of assistance and criminal history.

When you read it, look for how many years back the PHA looks for each type of offense and which offenses lead to denial. Also check whether the PHA considers rehabilitation, such as treatment or time since the offense.

What changed in 2025

In September 2025, HUD rescinded its 2015 guidance that told PHAs and owners not to rely on arrest records when making housing decisions (Notice PIH 2025-26 / H 2025-05). The notice tells PHAs to follow HUD's regulations and any state and local laws on arrest records. In practice, how a PHA treats an arrest that did not lead to a conviction now depends more on its own policy and your state's law. The four required denials above did not change.

You may also have read about a HUD proposal to limit criminal history screening. HUD published that proposed rule, "Reducing Barriers to HUD-Assisted Housing," in April 2024, then withdrew it on January 16, 2025, and said it does not intend to issue a final rule (Federal Register notice). Its changes never took effect.

The landlord screens you too

Getting a voucher is the first step. The landlord you choose also decides whether to rent to you. HUD's Housing Search and Leasing chapter says tenant screening and selection are the owner's responsibility.

The PHA does not hand your criminal background results to the landlord. HUD requires PHAs to keep criminal records confidential and destroy them once they have served their purpose. The PHA must give the owner your current and prior addresses and the names of your current and prior landlords if it knows them. Its administrative plan says whether it shares anything else, such as tenancy history.

How to prepare before you apply

  1. Find your PHA and read the denial section of its administrative plan.
  2. Get a copy of your own criminal record so nothing surprises you. You can request your own record from your state police or state bureau of investigation, ask the court where a case was handled for its records, and request your own FBI record. Ask your PHA which sources it checks so you know which records matter.
  3. Check for errors, such as a charge listed as a conviction when it was dismissed, or someone else's record mixed with yours.
  4. If you think your record may qualify for sealing or expungement, talk with a free legal aid office. You can find one at LawHelp.org.
  5. Gather proof of rehabilitation in case the PHA considers it: treatment completion letters, work records, school or training certificates, and letters from a probation officer, counselor or employer.
  6. Pay down or set up a payment plan for any money you owe a PHA, since debts show up in HUD's database.

You apply only through your local PHA, and the PHA cannot charge you for its criminal records check. If someone asks you to pay for a voucher or a spot on a waiting list, you can report possible fraud to the HUD Office of Inspector General hotline at 1-800-347-3735.

If the PHA plans to deny you

If the PHA plans to deny you because of a criminal record, it must give a copy of the record to you and to the person the record is about. You then get a chance to dispute whether the record is accurate or relevant to the decision. Use it to point out a mistaken identity, a dismissed charge, or evidence of rehabilitation.

Any denial must come with prompt notice that briefly explains the reasons. The notice must say you can ask for an informal review and explain how to request one (24 CFR 982.554). Read the deadline in the letter carefully and ask for the review in writing before it passes.

At the review, you can give written or spoken objections. The person who runs it cannot be the person who made or approved the denial, or someone who reports to them. Afterward, the PHA must send you its final decision with a short statement of the reasons.

Some other protections still apply after a denial notice:

  • If the problem involves one household member, the PHA may admit the rest of the family on the condition that person does not live with you.
  • If a household member has a disability, you can ask for a reasonable accommodation. HUD gives the example of a past eviction for a lease violation that was related to the tenant's disability.
  • Under the Violence Against Women Act, a PHA cannot deny you because you are or have been a victim of domestic violence, dating violence, sexual assault or stalking.

If you are denied and need a place to stay now, see our guide to emergency housing help.

Frequently asked questions

Can a felon get Section 8?

Often, yes. A felony conviction alone is not one of the four federal reasons a PHA must deny you. Your PHA decides how to treat other felonies, including how far back it looks, so read its administrative plan.

How far back does a Section 8 background check go?

There is no single national lookback period. The three-year rule applies only to evictions from federally assisted housing for drug-related criminal activity. Lifetime sex offender registration and meth production in assisted housing lead to denial no matter how long ago they happened. For other offenses, each PHA sets its own "reasonable time."

Does an arrest without a conviction count?

It can. HUD rescinded its guidance against using arrest records in September 2025 and told PHAs to follow HUD regulations and state and local law. For people already in the program, the regulation says a PHA may end assistance for criminal activity if a preponderance of the evidence shows it happened, whether or not the person was arrested or convicted. Ask your PHA how it treats arrests, and check whether your state limits their use.

Does Section 8 check your credit?

HUD's required checks focus on criminal history, sex offender registries and debts owed to housing agencies. Landlords run their own screening, which can include other checks. See our guide on how credit affects rental assistance.

How long does the background check take?

The HUD guidance and regulations covered here do not set a timeline for the check, and timing varies by PHA. Ask your PHA what to expect, and see how to confirm your application is on the waitlist.

Can I lose my voucher later for a new criminal charge?

Yes. Federal rules require every PHA to have standards that let it end assistance for drug-related or violent criminal activity, current illegal drug use, or alcohol abuse that may threaten other residents. A PHA must end assistance right away if a household member has ever been convicted of making meth on the premises of federally assisted housing.

If the PHA plans to end your assistance based on a criminal record, it must tell you, give you a copy of the record, and let you dispute it. You also have the right to an informal hearing before the PHA stops payments to your landlord (24 CFR 982.555). Your administrative plan explains your PHA's own policies.

For the full application process, see the steps to Section 8 and income eligibility for Section 8. To see what other programs you might qualify for, try the benefit finder.

Sources

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