Advocacy with Public Housing Authorities (PHAs) to Increase Inexpensive Housing Entry for Previously Incarcerated Older Adults

Introduction

State and native Public Housing Authorities (PHAs) administer two of the most important federal rental help packages – the Division of Housing and City Growth (HUD) Housing Alternative Voucher and Public Housing packages – and might help develop reasonably priced housing entry for previously incarcerated older adults.^[1] Older adults who’re re-entering the group face particularly excessive dangers of homelessness, usually as a result of housing boundaries corresponding to the shortcoming to afford lease, in addition to discrimination towards individuals with felony data.

Federal rental help could be a essential supply of help for these older adults who could in any other case lack entry to reasonably priced housing. Nevertheless, one of the frequent standards PHAs use to find out whether or not to disclaim housing help is prior felony exercise. In a 2012 examine, a minimum of 85% of surveyed PHAs reported conducting felony background checks as a part of their screening course of.^[2]

PHAs have broad discretionary authority to form their admissions insurance policies in order that federal rental help packages are extra inclusive of individuals with conviction histories. Advocacy with PHAs might help be certain that PHAs undertake extra equitable insurance policies on felony report screenings. HUD tried to require PHAs to implement extra equitable felony historical past insurance policies by way of its 2024 proposed rule, “Lowering Boundaries to HUD-Assisted Housing.” Whereas that proposed rule was by no means finalized, it nonetheless gives helpful examples of affordable coverage reforms for PHAs.

Utilizing HUD’s 2024 proposed rule as a information, this challenge transient identifies coverage suggestions that advocates can pursue with PHAs on behalf of previously incarcerated older adults. It additionally outlines how advocates can interact with PHAs by way of the PHA planning course of.

Background on Withdrawn 2024 Proposed HUD Rule

Below the Biden Administration in 2024, HUD launched a proposed rule on lowering boundaries to HUD-assisted housing for individuals with arrest or conviction histories. Amongst different reforms, this proposed rule would have required HUD-assisted housing suppliers, together with PHAs, to implement insurance policies round admissions and felony data screening to cut back discriminatory denials of housing.

The proposed rule would have promoted compliance with the federal Honest Housing Act, a rising physique of case legislation, and the most recent analysis, proof, and finest practices on efficient applicant screening. HUD, nonetheless, by no means finalized the proposed rule, withdrawing it in 2025 in mild of the change in federal administration.^[3]

PHAs’ Broad Discretionary Authority

Although HUD didn’t finalize its 2024 proposed rule, PHAs can nonetheless voluntarily undertake vital insurance policies which might be as robust and even stronger than what HUD would have required. A few of HUD’s proposals, in reality, have been primarily based on insurance policies efficiently applied by some PHAs.^[7] PHAs usually have broad discretion in admitting candidates for HUD housing packages and screening for felony data. Federal legislation mandates that PHAs exclude candidates primarily based on felony historical past solely in very restricted instances.^[8] Advocates can due to this fact urge their native PHAs to train their discretion by instituting improved screening insurance policies concerning felony historical past.

Areas of Advocacy for Older Adults

Previously incarcerated older adults expertise many challenges when looking for housing and making use of for federal rental help. Along with beforehand talked about points corresponding to housing discrimination, older adults re-entering the group face excessive charges of incapacity and persistent sickness, which make looking for housing much more troublesome.^[10]

Under are recommendations for particular areas of advocacy with PHAs to handle a few of these points. These suggestions are primarily based on Justice in Getting old’s evaluation of HUD’s 2024 proposed rule, together with ways in which proposed rule may have been improved for older adults.^[11] Later sections of this challenge transient may even evaluate how advocates can advance coverage suggestions by way of the PHA planning course of, which PHAs use to make adjustments to their packages.

Written Discover About Prison Data Earlier than Denying Admission

When PHAs determine to disclaim admission as a result of an applicant’s felony report, HUD laws require PHAs to inform the applicant in regards to the proposed denial. PHAs should then present the applicant with a replica of the report and a chance to dispute its accuracy and relevance earlier than the PHA formally points a denial discover.^[12] (PHAs should additionally present candidates with the chance for a casual listening to or evaluate after a denial.) ^[13]

HUD’s 2024 proposed rule would have strengthened this procedural requirement, mandating that PHAs present notification about report points a minimum of 15 days earlier than denying admission (present laws don’t require a minimal discover interval). The proposed rule would have additionally specified that candidates may submit mitigating data (see the under part on individualized assessments) as a part of contesting the relevance of a felony report.

Advocates can urge PHAs to offer this notification on the same timeline to the 15 days within the proposed HUD rule. Advocates could even wish to counsel that PHAs undertake an extended discover interval, corresponding to 30 days. A discover of 15 days is probably going insufficient for a lot of older adults and folks with disabilities, who usually have extra difficulties with navigating paperwork and will need assistance from caregivers, case managers, and others to reply to notices. Offering details about felony historical past may also be notably complicated as a result of many individuals, together with these with mental or cognitive disabilities, don’t all the time perceive the small print and tendencies of their felony instances.

Additional, candidates normally spend years on ready lists for the prospect to obtain HUD housing help. After such prolonged ready intervals, candidates ought to have greater than 15 days to offer proof difficult a possible denial primarily based on felony historical past. Advocates also needs to be certain that PHAs have clear insurance policies permitting candidates to submit such data throughout the post-denial appeals course of.

Moreover, advocates ought to encourage PHAs to offer the above notification in writing and with data on how individuals with disabilities can request affordable lodging, which PHAs should present below federal civil rights legal guidelines. Older adults and folks with disabilities could, for instance, want extra time to contest the potential denial. They could additionally have to request an affordable lodging for disability-related felony data, which is mentioned extra later on this challenge transient.

Limiting Lookback Durations

PHAs usually have prolonged and even lifetime lookback intervals when screening candidates’ felony histories; denials could also be primarily based on felony exercise from years in the past that’s now not related. HUD’s 2024 proposed rule would have created a default most lookback interval of three years, with a interval of longer than three years deemed “presumptively unreasonable.” PHAs would have solely been capable of impose longer lookback intervals for sure felony exercise when justified by empirical proof.

Advocates also needs to suggest that PHAs restrict lookback intervals to 3 years or much less. Doing so might help many previously incarcerated older adults, a few of whom are leaving prisons after serving decades-long sentences. A U.S. Division of Justice examine discovered that the oldest teams of individuals launched from state prisons in 2013 had the best percentages of people that had served sentences of 10 years or extra, with 28% of these 65 or older having been incarcerated for a minimum of 10 years. Amongst these launched who have been 55 and older, over 37% had served sentences of three years or extra.^[14] Shorter PHA lookback intervals can thus profit a major variety of older adults who’re looking for backed housing after incarceration.

Limiting the Varieties of Convictions Thought-about

Along with limiting lookback intervals, HUD’s 2024 proposed rule would have restricted the forms of felony exercise PHAs may depend on to disclaim admission. Whereas federal legislation does direct PHAs to exclude sure candidates primarily based on very particular forms of felony exercise, PHAs usually display out candidates extra broadly than required by contemplating a variety of arrests and convictions.

HUD’s proposed rule would have helped curb this observe, solely permitting discretionary denials primarily based on felony historical past if candidates had engaged in: 1) drug-related felony exercise; 2) violent felony exercise; 3) felony exercise that will threaten the well being, security, and proper to peaceable enjoyment of the premises by different residents; or 4) felony exercise that will threaten the well being or security of the PHA or PHA staff.^[15]

The proposed rule would have additionally prevented PHAs from utilizing arrest data as the only foundation for figuring out that a person had engaged in disqualifying felony conduct. This prohibition would have affirmed HUD’s truthful housing steerage warning that exclusions primarily based on arrest data alone (with out convictions) probably violate the Honest Housing Act.^[16]

HUD defined in its 2024 proposed rule that these restrictions would create “[t]he basic rule…that PHAs… can’t make choices primarily based on felony historical past that analysis signifies is just not predictive of future felony exercise; that’s irrelevant to security, well being, or health for tenancy; or that’s primarily based on incomplete or unreliable proof of felony exercise (e.g., a report for an arrest that has not resulted in a conviction).”

Advocates can advocate that PHAs undertake comparable restrictions and solely display for a slim set of convictions. PHAs also needs to clearly outline any disqualifying convictions, avoiding ambiguities that will undercut efforts to restrict grounds for exclusions. And on condition that analysis exhibits that felony historical past total doesn’t predict housing success, one possibility is for PHAs to solely display for convictions that will lead to necessary exclusions below federal legislation.^[17]

Individualized Assessments Earlier than Denials

When evaluating purposes and felony data, PHAs are permitted however not required by HUD to conduct individualized assessments and think about mitigating components.^[18] In consequence, many PHAs don’t interact in individualized opinions and have blanket bans on individuals with arrest or conviction histories. These overly broad exclusions probably violate the Honest Housing Act, which is why HUD has defined in prior steerage that “individualized evaluation of related mitigating data…is prone to have a much less discriminatory impact than categorical exclusions..^[19] Below its 2024 proposed rule, HUD tried to require PHAs to conduct individualized opinions, together with consideration of mitigating data, earlier than denying candidates on the idea of felony data.

Advocates can urge PHAs to develop written insurance policies on individualized assessments, making certain that PHAs account for mitigating components earlier than denying admission. Additional, PHAs ought to define examples of the forms of mitigating components they are going to think about, corresponding to (however not restricted to) the next:

Older Age: Advocates can encourage PHAs to contemplate older age on the time of conviction or launch from incarceration as a mitigating issue. Analysis on tenants with felony data in supportive housing has discovered that age at move-in is considerably related to housing success, with older adults over age 50 extra prone to preserve their housing.^[20] Crime fee additionally drops sharply as an individual ages, and older individuals are considerably much less prone to recidivate and usually age out of felony exercise altogether. The older a person is, the much less probably they are going to be re-arrested after launch from jail.^[21] Research present that arrest charges drop to about 2percentvin individuals ages 50-65 and nearly zero for individuals older than 65.^[22] The Equal Employment Alternative Fee (EEOC) has already acknowledged older adults’ low chance of participating in felony conduct, with the EEOC’s steerage on using felony data in employment choices incorporating older age as a mitigating issue. This steerage states that related individualized proof consists of “older age on the time of conviction, or launch from jail.”^[23] PHAs ought to equally think about older age as a mitigating circumstance.

Affordable Lodging: In its record of mitigating components for PHAs to contemplate, HUD’s 2024 proposed rule explicitly required PHAs to contemplate “whether or not additional issues have to be made as a way to adjust to the duty to contemplate and supply affordable lodging to individuals with disabilities.” Advocates could wish to advocate that PHAs undertake the same coverage. In instances the place felony conduct is linked to somebody’s incapacity, civil rights legal guidelines could require PHAs to offer an affordable lodging within the type of modifying their insurance policies or practices round felony data.[24] Particular insurance policies and language about affordable lodging might help reinforce these present authorized obligations.

Medical Situations: HUD’s 2024 proposed rule would have required PHAs to contemplate mitigating circumstances associated to a family member’s medical situation. Whereas not clearly outlined, this requirement would have probably been considerably broader than PHAs’ authorized obligations to contemplate affordable lodging for individuals with disabilities.

As a part of PHAs’ broad discretionary authority, PHAs can even set up waitlist preferences for the Public Housing and Housing Alternative Voucher packages primarily based on native housing wants and priorities.[25] Along with advocating for insurance policies which might be extra inclusive of individuals with conviction histories, advocates could wish to ask PHAs to undertake waitlist preferences for older adults, individuals with disabilities, and folks experiencing homelessness. All of those are normal forms of preferences that might develop housing entry for previously incarcerated older adults.

The PHA Planning Course of

A PHA’s admissions insurance policies are outlined in its PHA Plan, the Administrative Plan, and the Admissions and Continued Occupancy Coverage (ACOP) Plan. The PHA Plan, which is comprised of an Annual Plan and/or 5-12 months Plan, consists of details about how a PHA will meet native housing wants and objectives by way of the packages it administers. Extra particular particulars about packages are discovered within the Administrative Plan, which describes a PHA’s insurance policies for its Housing Alternative Voucher program, in addition to the ACOP that explains how a PHA manages its Public Housing program.^[26]

PHAs should make these Plans publicly out there, and PHAs should maintain annual hearings on their PHA Plans and their objectives and targets.^[27] PHAs normally use this course of to debate adjustments to their Administrative Plans and ACOPs as effectively. Federal laws require PHAs to conduct outreach to encourage broad participation in these hearings, and PHAs should enable the general public to submit written feedback for a minimum of 45 days earlier than the listening to date.^[28]

The annual PHA planning course of is due to this fact a priceless alternative to advocate with PHAs. Advocates can use this course of to advocate that PHAs develop admissions insurance policies much like these described above to develop housing entry for previously incarcerated older adults. It’s essential that PHAs perceive how their insurance policies could contribute to housing boundaries for this inhabitants, in addition to how they will treatment any problematic insurance policies.

Lastly, advocates could wish to collaborate with Resident Advisory Boards (RABs), which advise PHAs about their PHA Plans. Every PHA will need to have a RAB reflecting the residents it serves, and PHAs should think about and tackle a RAB’s feedback throughout the planning course of.^[29] Advocates can present RABs with enter about how PHAs can enhance their insurance policies and take a look at to make sure that advocates’ proposals align with these of residents.

Conclusion

Advocacy with state and native PHAs might help develop entry to federal rental help for previously incarcerated older adults. PHAs can train their broad discretionary authority to attenuate discrimination towards individuals with felony data when making admissions choices. Of their advocacy with PHAs, advocates could wish to use HUD’s 2024 proposed rule on this challenge as a template and start line for coverage suggestions. In doing so, advocates can urge PHAs to undertake extra equitable admissions insurance policies that may cut back housing boundaries for older adults re-entering the group.

Endnotes

1. PHAs mostly administer HUD’s Housing Alternative Voucher and/or Public Housing packages, though some additionally administer different forms of federal and/or state rental help. ↑

2. Congressional Analysis Service, “The Use of Discretionary Authority within the Housing Alternative Voucher Program: A CRS Examine” (April 2012), out there at https://www.everycrsreport.com/studies/R42481.html#_Toc322419348. ↑

3. Discover of Withdrawal of Proposed Rule, 90 Fed. Reg. 4686 (January 2025), out there at https://www.federalregister.gov/paperwork/2025/01/16/2025-00996/reducing-barriers-to-hud-assisted-housing-withdrawal. ↑

4. Government Order No. 14281, “Restoring Equality of Alternative and Meritocracy” (April 2025), out there at https://www.federalregister.gov/paperwork/2025/04/28/2025-07378/restoring-equality-of-opportunity-and-meritocracy. ↑

5. Texas Dep’t of Hous. & Cmty. Affs. v. Inclusive Communities Undertaking, Inc., 576 U.S. 519, 135 S. Ct. 2507, 192 L. Ed. second 514 (2015). ↑

6. See, e.g., California’s Honest Employment and Housing Act, Cal. Code Regs. Tit. 2, § 12060. ↑

7. For extra data and examples of PHA reforms, see the Vera Institute’s Opening Doorways to Housing Initiative; Shriver Middle on Poverty Regulation, “When Discretion Means Denial: A Nationwide Perspective on Prison Data Boundaries to Federally Backed Housing” (February 2015), out there at https://www.povertylaw.org/article/when-discretion-means-denial/; and HUD, Discover PIH 2015-19 (Steering for Public Housing Companies (PHAs) and House owners of Federally-Assisted Housing on Excluding the Use of Arrest Data in Housing Choices), out there at https://www.hud.gov/websites/paperwork/15-19pihn.pdf. ↑

8. For extra data on necessary exclusions primarily based on felony historical past, see Marie Claire Tran-Leung and Lisa Sitkin, “Ceaselessly Requested Questions: HUD-Backed Housing for Older Adults with Prison Data,” Nationwide Middle on Regulation and Elder Rights (June 2023), out there at https://pfs2.acl.gov/strapib/belongings/HUD_Subsidized_FAQ_b3713c30d7.pdf. ↑

9. For extra details about truthful probability ordinances, see the Nationwide Housing Regulation Undertaking’s Honest Likelihood Ordinances: An Advocate’s Toolkit. ↑

10. Justice in Getting old, “Promising Practices and Fashions for Older Adults Transitioning from Incarceration Again to the Neighborhood” (January 2025), out there at https://justiceinaging.org/promising-practices-for-older-adults-transitioning-from-incarceration/. ↑

11. Advocates could wish to urge PHAs to reform felony historical past insurance policies round terminations/evictions as effectively. HUD’s 2024 proposed rule additionally included proposed adjustments to termination/eviction insurance policies. ↑

12. 24 C.F.R. § 5.903(f); § 5.905(d); § 960.204(c); see additionally HUD, supra notice 7. ↑

13. 24 C.F.R. § 960.208(a); § 982.201(f). ↑

14. Bureau of Justice Statistics, “Getting old of the State Jail Inhabitants, 1993-2013” (Might 2016), out there at https://bjs.ojp.gov/content material/pub/pdf/aspp9313.pdf. ↑

15. Present HUD laws (see, e.g., 24 C.F.R. § 5.855) already embody the same record of the forms of felony exercise that PHAs could depend on to disclaim admission. Nevertheless, the proposed HUD rule would have clarified that this record is unique. ↑

16. HUD, Workplace of Normal Counsel Steering on Software of Honest Housing Act Requirements to the Use of Prison Data by Suppliers of Housing and Actual Property-Associated Transactions (April 2016), out there at https://www.fairhousingnc.org/wp-content/uploads/2016/04/HUD-Steering-on-Prison-Data-2016.pdf. ↑

17. See, e.g., Daniel Ok. Malone, “Assessing Prison Historical past as a Predictor of Future Housing Success for Homeless Adults with Behavioral Well being Problems” (February 2009), out there at https://psychiatryonline.org/doi/full/10.1176/ps.2009.60.2.224. ↑

18. 24 C.F.R. § 5.852(a); § 982.552(c)(2). ↑

19. HUD, supra notice 16. ↑

20. Malone, supra notice 17. ↑

21. Jail Coverage Initiative, “The Getting old Jail Inhabitants: Causes, Prices, and Penalties” (August 2023), out there at https://www.prisonpolicy.org/weblog/2023/08/02/growing old/. ↑

22. Vera Institute of Justice, “Getting old Out: Utilizing Compassionate Launch to Deal with the Development of Getting old and Infirm Jail Populations” (December 2017), out there at https://www.vera.org/downloads/publications/Utilizing-Compassionate-Launch-to-Deal with-the-Development-of-Getting old-and-Infirm-Jail-PopulationspercentE2percent80percent94Full-Report.pdf. ↑

23. U.S. Equal Employment Alternative Fee, Enforcement Steering on the Consideration of Arrest and Conviction Data in Employment Choices Below Title VII of the Civil Rights Act (April 2012), out there at https://www.eeoc.gov/legal guidelines/steerage/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions. ↑

24. For extra data on felony historical past and affordable lodging, see Justice in Getting old, “Honest Housing Protections for Previously Incarcerated and Justice-Concerned Older Adults” (November 2023), out there at https://justiceinaging.org/fair-housing-protections-for-formerly-incarcerated-and-justice-involved-older-adults/. ↑

25. 24 C.F.R. § 960.206; § 982.207. ↑

26. Nationwide Housing Regulation Undertaking, “Public Housing Authority Native Insurance policies” (November 2017), out there at https://www.nhlp.org/assets/public-housing-authority-local-policies. ↑

27. HUD, Discover PIH 2025-18 (Automation of and Revisions to the Public Housing Company (PHA) 5-12 months Plan and Annual Plan Templates and Certification Varieties)(June 2025), out there at https://www.hud.gov/websites/default/recordsdata/OCHCO/paperwork/PIH_2025-18.pdf. ↑

28. 24 C.F.R. § 903.17. ↑

29. 24 C.F.R. § 903.13. ↑