Can You Get on Section 8 with a Felony?
The Section 8 Housing Choice Voucher (HCV) program is a government-funded program designed to provide affordable housing options for low-income families. The program is administered by the Department of Housing and Urban Development (HUD) and is a vital component of the US housing policy. However, one question that often arises is: can you get on Section 8 with a felony? In this article, we will provide a detailed answer to this question, exploring the impact of felony convictions on Section 8 eligibility.
Can a Felony Disqualify You from Section 8?
According to the Section 8 program regulations, a felony conviction may disqualify an applicant from participating in the program. HUD regulations stipulate that applicants with certain types of criminal convictions, including felonies, may be denied assistance [1]. The specific guidelines vary depending on the local public housing agency (PHA) and the type of crime committed.
How Do PHAs Determine Section 8 Eligibility for Felony Convictions?
PHAs use a comprehensive screening process to determine whether an applicant is eligible for Section 8 assistance despite a felony conviction. The following factors are considered:
- Type of crime: The severity and nature of the crime are crucial factors. Non-violent, non-drug-related offenses may not necessarily disqualify an applicant, while violent or drug-related offenses may [2].
- Length of time since conviction: The duration between the conviction and the date of application is important. Applicants who have been crime-free for a significant period may be eligible [3].
- Rehabilitation and personal growth: PHAs may consider an applicant’s progress in rehabilitating themselves and demonstrating personal growth since their conviction.
- Compliance with parole or probation: Applicants must demonstrate that they are complying with parole or probation requirements.
Exceptions to the Rule
While a felony conviction can potentially disqualify an applicant from Section 8, there are some exceptions:
- Clemency or pardon: If an applicant has received a clemency or pardon for their crime, they may be eligible for Section 8.
- Non-felony drug convictions: Drug-related convictions that are non-felony may not disqualify an applicant from Section 8 [4].
- Second chance policies: Some PHAs have implemented second-chance policies, which focus on rehabilitation and re-entry programs for formerly incarcerated individuals. These policies may grant exemptions to certain applicants.
Table: Section 8 Eligibility for Felony Convictions
| Factor | Eligibility Outcome |
|---|---|
| Non-violent, non-drug-related offense | Possibly eligible |
| Violent or drug-related offense | Unlikely eligible |
| Conviction > 5 years old | Possibly eligible |
| Conviction < 1 year old | Unlikely eligible |
| Compliance with parole or probation | Increased likelihood of eligibility |
| Rehabilitation and personal growth | Increased likelihood of eligibility |
| Clemency or pardon | Eligible |
Conclusion
While a felony conviction can impact Section 8 eligibility, it is not an automatic disqualifier. The decision-making process is complex and nuanced, considering various factors that assess an applicant’s rehabilitative efforts and personal growth. PHAs use a holistic approach to evaluate eligibility, focusing on rehabilitation, personal growth, and compliance with parole or probation requirements. By understanding the exceptions and factors involved, applicants with felony convictions can better navigate the application process and potentially secure Section 8 assistance.
References:
[1] 24 CFR § 964.103(b) – Department of Housing and Urban Development. (2022). [2] Housing Authority of New York City. (n.d.). Section 8 Eligibility: Criminal Records. [3] United States Department of Housing and Urban Development. (2022). Frequently Asked Questions: Section 8 Housing Choice Voucher Program. [4] Federal Housing Finance Agency. (2020). Housing Finance Policy Newsletter.