Can You Have a Felony and Be on Section 8?
Contents
Introduction
The United States has a complex and multifaceted system for providing housing assistance to low-income families and individuals. One of the most popular programs is the Section 8 program, which is administered by the Department of Housing and Urban Development (HUD). However, with the growing concern about public safety and the rising rate of crime, many are wondering whether someone with a felony record can participate in the Section 8 program. In this article, we will delve into the legal framework surrounding Section 8 and explore the answer to this question.
What is Section 8?
Section 8 is a federal program that provides rental assistance to low-income families and individuals. The program is designed to help those who are struggling to find affordable housing and to provide a safe and stable living environment. Section 8 provides a voucher system, where eligible participants receive a subsidy to help pay for rent. The program is divided into two main categories: Section 8 Housing Choice Voucher Program and Section 8 Project-Based Rental Assistance Program.
Felony Convictions and Public Housing
Under the Floyd D. Spence National Defense Authorization Act, enacted in 1996, the Department of Housing and Urban Development (HUD) is authorized to bar from public housing those who have been convicted of a felony, including those who have been convicted of drug-related offenses. The purpose of this law is to ensure that public housing is safe and free from criminal activity.
However, it is important to note that the ban on felony convictions is not automatic. The decision to bar someone from public housing due to a felony conviction is made on a case-by-case basis by the housing authority. The housing authority must consider the nature of the crime, the circumstances surrounding the crime, and the individual’s rehabilitation and potential for future criminal behavior.
Section 8 and Felony Convictions
The answer to the question of whether someone with a felony record can participate in the Section 8 program is not a simple yes or no. The Section 8 program is governed by different rules and regulations than public housing, and the ban on felony convictions does not apply in the same way.
In general, Section 8 eligibility is based on income and family size. However, the Department of Housing and Urban Development (HUD) has implemented additional eligibility requirements, including a background check and a criminal history review. The background check is used to determine whether the applicant has any outstanding warrants or unpaid fines, while the criminal history review is used to determine whether the applicant has been convicted of a crime.
While a felony conviction can potentially disqualify someone from Section 8, it is not an automatic disqualification. The housing authority may consider mitigating factors, such as the individual’s rehabilitation and potential for future criminal behavior, before making a decision.
Mitigating Factors
When considering an applicant’s felony conviction, the housing authority may look at mitigating factors, such as:
- The nature of the crime: Was the crime violent or non-violent? Was it a single incident or part of a pattern of behavior?
- The circumstances surrounding the crime: Was the individual under the influence of drugs or alcohol at the time of the crime? Did they have a mental health condition that contributed to the crime?
- The individual’s rehabilitation: Has the individual completed a treatment program or received counseling for their criminal behavior?
- The individual’s potential for future criminal behavior: Does the individual have a history of criminal behavior or are they likely to continue engaging in criminal activity in the future?
Table: Mitigating Factors
| Mitigating Factor | Description |
|---|---|
| Nature of the crime | Non-violent crime vs. violent crime |
| Circumstances surrounding the crime | Under the influence of drugs or alcohol |
| Rehabilitation | Completed treatment program or received counseling |
| Potential for future criminal behavior | History of criminal behavior or likelihood of continued criminal activity |
Conclusion
In conclusion, whether someone with a felony record can participate in the Section 8 program depends on a variety of factors, including the nature of the crime, the circumstances surrounding the crime, the individual’s rehabilitation, and the individual’s potential for future criminal behavior. While a felony conviction can potentially disqualify someone from Section 8, it is not an automatic disqualification. The housing authority must consider mitigating factors before making a decision.
Key Takeaways:
- A felony conviction does not automatically disqualify someone from Section 8.
- The housing authority considers mitigating factors, such as the nature of the crime, the circumstances surrounding the crime, the individual’s rehabilitation, and the individual’s potential for future criminal behavior.
- Section 8 eligibility is based on income and family size, with additional eligibility requirements, including a background check and criminal history review.
- The Section 8 program is governed by different rules and regulations than public housing.
By understanding the legal framework surrounding Section 8 and the factors that are considered when evaluating an applicant’s felony conviction, we can better navigate the complexities of this important program and ensure that it is available to those who need it most.
