HUD has issued updated direction reinforcing the responsibility of Owners and Management Agents (O/As) to maintain safe, secure, and decent housing. As part of this initiative, HUD has formally rescinded Joint Notice PIH 2015-19 / H 2015-10, which previously limited the use of arrest records in housing decisions. This notice no longer applies.

What this means for Owners/Agents:

• Arrest information may now be used as part of a broader suitability assessment, in accordance with HUD regulations and your written policies.
• Compliance with 24 CFR 5.851, 24 CFR 960, 24 CFR 982, Fair Housing laws, and all relevant state/local requirements remain mandatory.
• Questions should be sent to your local HUD field office.

Broader Safety Initiative:
HUD has also withdrawn the 2016 Office of General Counsel (OGC) memo and the 2022 Fair Housing and Equal Opportunity (FHEO) memo on criminal records. HUD states these documents previously discouraged the use of criminal and arrest history. Their removal gives O/As clearer authority to use background information within regulatory and fair housing constraints.

Mandatory Denial of Admission for individuals with:

• Drug-related eviction in the past 3 years
• Current illegal drug use
• Methamphetamine production in assisted housing
• Lifetime sex offender registration
• Alcohol abuse posing health/safety risks

Optional (Permissive) Screening:

• Criminal activity
• Behaviors affecting health, safety, or peaceful enjoyment
• Must be listed in policy and applied consistently

Lease Enforcement & Termination:

• Required action for drug use, drug-related or violent criminal behavior, alcohol-related safety issues, and meth production
• Enforcement should align with “One Strike” principles

Property Safety Measures:

• Review lighting, access control, cameras, and contracted security
• Strengthen staff reporting protocols

Required Resident/Staff Information:

• Post HUD OIG Hotline 1-800-347-3735
• Instruct residents/staff to call 911 for emergencies

HUD is emphasizing stronger screening, monitoring, and enforcement to support safe communities. O/As should update policies, train staff, and ensure all actions follow HUD and Fair Housing requirements.