Thousands Comment on HUD’s Criminal Screening Proposal

NAA’s call to action stood strong for the industry.

By Joe Riter |

2 minute read

On June 10, 2024, the public comment period closed for the U.S. Department of Housing and Urban Development’s (HUD) proposed rule on criminal screening, Reducing Barriers to HUD-Assisted Housing. As previously reported, this rule would significantly impact the criminal screening practices of housing providers benefitting from most HUD programs and hamper their efforts to mitigate foreseeable risks to their residents, employees and rental communities. If the proposed rule were made final, it would establish a number of onerous requirements including:  

  • A 3-year lookback period;

  • Unreasonably prescriptive requirements on the types of convictions housing providers are authorized to consider; and 

  • New pre-admissions denial notice requirements.

The National Apartment Association (NAA) remains concerned that HUD will ultimately apply these requirements to all housing providers, not just HUD-assisted providers. In the proposed rule, the agency voiced concerns about the fair housing implications of screening policies as the impetus for this rule, which could easily extend to any housing provider subject to the Fair Housing Act. 

NAA worked extensively to elevate the rental housing industry’s perspective and provide balance to HUD’s rulemaking record on this proposal. We joined the Council for Affordable and Rural Housing, National Affordable Housing Management Association, National Association of Home Builders, National Leased Housing Association and National Multifamily Housing Council in submitting comments that provided detailed feedback on industry impacts of this rule. Further, NAA provided meaningful opportunities for NAA’s affiliate partners and members to share their industry perspective with HUD. Thank you to our affiliate partners and the more than 2,000 NAA members who participated in NAA’s call to action! 

HUD acknowledged NAA’s perspective in its rulemaking announcement, noting that housing providers that participate in the Section 8 Housing Choice Voucher and Project Based Voucher programs were notably excluded from certain provisions “to avoid discouraging owner participation.”. NAA continues its advocacy with HUD regulators as the rule progresses through the federal rulemaking process.  

To learn more about resident screening policy, please contact Joe Riter, NAA’s Senior Manager, Public Policy.