RENTER RIGHTS
From Listings to Living
He came home in March after four years. His mother has lived in the same public housing development for two decades and wants to add him to her lease. A caseworker hands him a list of "second chance" landlords, a friend says HUD bans anyone with a felony, and the housing authority's front desk tells him to put the request in writing. Three sources, three different answers.
Second chance housing is the umbrella term for the rules, laws and programs that decide whether people with a criminal record, an eviction or a damaged rental history can get housing. It is not one federal program. It works in three layers: federal rules for HUD-assisted housing, state and local fair chance laws that limit how landlords use records, and service programs such as reentry housing and rapid rehousing that place people directly.
Each layer has its own gatekeeper, and each has changed recently. This guide covers the policy and program side. For the private apartment search itself, landlord by landlord, see our guide to second chance apartments and how to get approved.
Leevli Editorial
There is no HUD program called second chance housing. HUD funds public housing, which local public housing agencies (PHAs) own and run; the Housing Choice Voucher program, which PHAs administer and which pays part of the rent on a private apartment; and privately owned properties that receive HUD assistance. Each of those has admission rules written in federal regulations, with local policies layered on top.
That structure explains the conflicting answers. Federal rules require denial in a short list of situations. Everything else, which is most criminal history, is left to the PHA or the owner. Neither "HUD bans felons" nor "the housing authority has to take you" is accurate. The answer sits in a document most applicants never read: the agency's written admissions policy.
Lists of "felon friendly housing" and second chance rentals found online are mostly private landlords with flexible screening, plus some nonprofit housing. They can help, but they are a separate track from HUD-assisted housing.
For nearly a decade, the federal reference point was an April 4, 2016 memo from HUD's Office of General Counsel on applying Fair Housing Act standards to the use of criminal records. It said that the mere fact of an arrest has very little, if any, probative value, that a blanket ban on anyone with any conviction would likely fail the Fair Housing Act's discriminatory effects test, and that providers should weigh the facts of the offense, the time since, and evidence of rehabilitation. It also noted the one statutory exception: the Act allows exclusion of people convicted of illegally manufacturing or distributing a controlled substance.
That framework has been taken apart in stages.
| Date | Action | What it means for applicants |
|---|---|---|
| January 16, 2025 | HUD withdrew its April 10, 2024 proposed rule, Reducing Barriers to HUD-Assisted Housing | The proposed limits on criminal record screening in assisted housing will not take effect; HUD said any future attempt would start with a new proposal |
| November 25, 2025 | HUD Secretary Scott Turner's letter to PHAs and owners rescinded Notice PIH 2015-19 on arrest records, the 2016 OGC guidance and a 2022 implementing memo | HUD no longer tells assisted housing providers to avoid arrest records or blanket screens; providers are told they have broad discretion |
| January 14, 2026 | HUD proposed removing its disparate impact regulations under the Fair Housing Act | If finalized, courts rather than HUD regulations would define how disparate impact claims work |
The January 2025 withdrawal notice gave no reason beyond terminating the rulemaking. The November 2025 letter said the rescinded documents had a "chilling effect" on screening and told PHAs and owners they have "broad discretion to screen for suitability of tenancy or program participation for all relevant circumstances, including a history of criminal activity."
The January 2026 proposal would delete 24 CFR 100.500. It was published as a proposed rule with comments due February 13, 2026; check the Federal Register for whether a final rule has followed. The proposal itself acknowledges that the Supreme Court held in 2015, in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, that disparate impact claims can be brought under the Fair Housing Act. Guidance can be withdrawn by letter, while the Supreme Court's reading of the statute stands until the Court or Congress changes it.
Three things did not change: the Fair Housing Act itself, the federal regulations below, and every state and local law that restricts criminal record screening.
Both public housing and the Housing Choice Voucher program require denial in five situations. The rules sit in 24 CFR 960.204 for public housing and 24 CFR 982.553 for vouchers.
| Mandatory denial | How long it lasts |
|---|---|
| A household member was evicted from federally assisted housing for drug-related criminal activity | Three years from the eviction; the PHA may admit sooner if the person completed a supervised drug rehabilitation program or the circumstances no longer exist |
| A household member was ever convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing | Permanent |
| A household member is subject to a lifetime registration requirement under a state sex offender registration program | Permanent while the requirement applies |
| A household member is currently engaging in illegal drug use, or a pattern of use may threaten other residents | While the use is current |
| Reasonable cause to believe a household member's alcohol abuse may threaten other residents | While the pattern continues |
Everything outside that table is discretionary. A PHA may deny for violent criminal activity, drug-related criminal activity or other conduct that threatens residents if it happened within "a reasonable time" before admission, and the PHA sets that period itself. For vouchers, a person is "currently engaged in" criminal activity if the behavior was recent enough to justify a reasonable belief that it is current.
Discretion has a floor. Under 24 CFR 960.203(d), when a PHA receives unfavorable information about a public housing applicant, "consideration shall be given to the time, nature, and extent of the applicant's conduct (including the seriousness of the offense)," and the PHA may consider evidence of rehabilitation. That is why two housing authorities in neighboring counties can reach opposite results on the same record.
Often, yes. A felony conviction is not on the mandatory list unless it falls into one of the categories above. Whether you are admitted depends on the PHA's written policy: the Admissions and Continued Occupancy Policy for public housing, or the Administrative Plan for vouchers. Ask for the section on criminal history screening and read the lookback periods it sets for each type of offense.
Before denying admission based on a criminal record, the PHA must give the applicant and the person whose record it is a copy of the record and an opportunity to dispute its accuracy and relevance. Public housing applicants found ineligible can request an informal hearing, and voucher applicants can request an informal review under 24 CFR 982.554. Bring certificates, letters from employers or treatment programs, and court documents. The "relevance" half of that right is where rehabilitation evidence does its work.
Privately owned HUD-assisted properties screen through their own written tenant selection plans under parallel federal rules, including the three-year bar for a drug-related eviction from assisted housing and the lifetime sex offender registration bar. The November 2025 letter is addressed to owners as well as PHAs.
A growing number of states and cities restrict how landlords use criminal records, and these laws reach private landlords as well as assisted housing. Two examples show the common design.
New Jersey. The Fair Chance in Housing Act, P.L. 2021, c.110, took effect January 1, 2022. A housing provider may not ask about criminal history on an application before making a conditional offer, except for methamphetamine manufacturing convictions on federally assisted premises and lifetime sex offender registration. After the offer, the provider may consider a first-degree indictable conviction only if it was issued, or the resulting prison sentence ended, within the six years before the offer. The window is four years for second- and third-degree offenses and one year for fourth-degree offenses. A short list of serious crimes, including murder, aggravated sexual assault, kidnapping, arson and human trafficking, can always be considered. Owner-occupied buildings of four units or fewer are exempt.
New York City. The Fair Chance for Housing Act took effect January 1, 2025 and covers renters and buyers, including in co-ops and condos. Providers must evaluate general eligibility and extend a conditional offer before running a criminal background check, then perform an individualized assessment of the nature of the offense, the time elapsed and the applicant's rehabilitation. A denied applicant gets written notice with the reasons and documents and five business days to respond with more information.
Other cities and counties have adopted their own versions with different lookback periods and exemptions. Check your city or county human rights commission and your state civil rights agency. Where a local law is stricter, it applies alongside the federal mandatory denials in assisted housing.
An eviction on its own is not one of the federal mandatory denials. The only eviction that triggers one is an eviction from federally assisted housing for drug-related criminal activity, and that bar runs three years. A private-market eviction for unpaid rent is a discretionary matter for the PHA or owner.
Programs worth knowing:
Reentry housing covers transitional residences run by nonprofits, supportive housing with services attached, and programs paid for in part by federal Second Chance Act grants administered by the Justice Department's Bureau of Justice Assistance. Availability depends on where you live. The fastest way in is usually through a case manager, a probation or parole officer, or a local reentry organization that already holds beds or landlord relationships.
Returning to a family member's assisted unit is its own process. Adding a household member requires approval from the PHA or the owner, and the new member is screened under the same rules described above. Apply before the move, in writing, with the rehabilitation documents ready. Moving in without approval can put the leaseholder's tenancy at risk.
If a denial looks like it rests on race, disability or another protected characteristic rather than the record itself, our guide to Fair Housing Act guidelines explains how complaints work. For rules this specific to your situation, a legal aid attorney is the right next step.
Policy documents describe the process. They do not tell you how long the waitlist really ran, or whether the housing authority answered its mail. Residents of public housing and subsidized buildings know, and you can ask them on Ask a Resident.
Admissions policies are written in general terms; residents who went through screening, hearings or a household addition know how this agency or owner applies them in practice.
Listings show the property, but they rarely explain the lived reality around it. On Leevli, a mover can explore the city, review neighborhood and building information, and ask a verified resident the specific questions that remain unanswered. That human layer helps readers know what to investigate before signing a lease, making an offer, or choosing between two addresses.
It is a broad term for the housing options open to people with a criminal record, an eviction or poor rental history. It includes HUD-assisted housing governed by federal admission rules, private rentals in places with fair chance laws, reentry and transitional housing run by nonprofits, and homeless services programs such as rapid rehousing. No single agency runs it, so you usually pursue several of these at once.
No program carries that name. HUD funds public housing, the Housing Choice Voucher program and privately owned assisted properties, and each one follows federal admission regulations. Those regulations require denial in a handful of situations and leave the rest to the local housing authority or owner, so outcomes for applicants with records depend heavily on the written policy where you apply.
Yes. On November 25, 2025, HUD Secretary Scott Turner rescinded the 2016 Office of General Counsel guidance on criminal records, the 2015 notice discouraging use of arrest records, and a 2022 implementing memo. Earlier, in January 2025, HUD withdrew a 2024 proposed rule that would have limited criminal record screening. In January 2026 it proposed removing its disparate impact regulations, which was still a proposal when this was written.
In many cases, yes. Federal rules require denial only for specific situations such as lifetime sex offender registration, a methamphetamine production conviction on assisted premises, or a drug-related eviction from assisted housing in the last three years. Other felonies are left to the housing authority, which must consider the time, nature and extent of the conduct. Ask for its admissions policy and read the lookback periods.
Both phrases usually refer to private landlords with flexible screening, nonprofit and reentry housing, and housing in cities or states with fair chance laws that delay or limit criminal history checks. Treat any online list as a starting point rather than a promise, call each property to ask about its written criteria, and never pay for access to a list.
The 2015 HUD notice that discouraged relying on arrest records was rescinded in November 2025, so the answer now depends on the housing authority's written policy and any state or local law. Whatever the policy, before a denial based on a criminal record the agency must give you a copy of the record and a chance to dispute its accuracy and relevance.
Rapid rehousing, reached through your area's coordinated entry system, pairs time-limited rental help with case management for people experiencing homelessness. Housing Choice Vouchers help with rent, although private landlords still screen. A private-market eviction is not a federal mandatory denial for public housing. Legal aid can also check whether an old eviction record qualifies for sealing under your state's law.
New Jersey's Fair Chance in Housing Act has applied since January 1, 2022, and New York City's Fair Chance for Housing Act since January 1, 2025. Both stop housing providers from asking about criminal history until after a conditional offer. Other cities and counties have their own ordinances with different lookback periods and exemptions, so check with your local human rights commission or state civil rights agency.
Timelines vary by program and place. Public housing and voucher waitlists can run long and sometimes close to new applicants, while rapid rehousing depends on local funding and how your situation is prioritized. Some steps move faster: in New York City, a denied applicant has five business days to answer a landlord's criminal history decision. Apply to several programs at once rather than waiting on one.
Assuming the answer before applying. Many people never apply to public housing because they believe any felony disqualifies them, and many skip the informal hearing after a denial. Read the housing authority's admissions policy, apply if you fall outside the mandatory denials, and use the hearing to present rehabilitation evidence. Moving into a relative's assisted unit without approval is another costly error.
Editorial review: verify current federal and state law, insurance regulations, HOA and condominium statutes, and lender guidelines before relying on any single claim. This article is informational and does not constitute legal, financial, tax or insurance advice.
