Can a Felon Get Section 8? Lifetime Bans and Look-Back Rules
Quick answerIn the United States, as of October 2026, a felony does not by itself bar anyone from a Housing Choice Voucher. Federal rules require denial with no end date for two records: lifetime sex offender registration, and a conviction for making methamphetamine in federally assisted housing. A drug-related eviction from assisted housing bars the household for three years, with two exceptions. Every other record falls under the local agency's own look-back period, which ran from 180 days to 20 years in ten plans compared.
Last checked: October 7, 2026, against 24 CFR 5.100, 5.903, 5.905, 982.307, 982.551, 982.552, 982.553 and 982.554 (eCFR current to October 5, 2026), 42 U.S.C. 13661 and 13663, HUD Notice PIH 2025-26, the HUD Secretary's letter of November 25, 2025, the Federal Register documents linked below, and the administrative plans of the housing agencies in Chicago, Los Angeles, Philadelphia, Miami-Dade, New York City (NYCHA), New Jersey (DCA), San Diego, Seattle, Boston and Fort Worth.
- 2records that federal rules bar with no end date
- 3 yearsbar after a drug-related eviction from federally assisted housing
- 0look-back periods set by federal rule for other crimes
- 180 days to 20 yearslongest look-back in the ten agency plans compared below
- September 26, 2025HUD withdrew its notice against arrest-only denials
- 10 business days to 30 daystime to request an informal review in five plans
This is general information, not legal advice. It covers criminal records at admission. Income, assets, immigration status, agency debts and medical marijuana are in what disqualifies you from Section 8.
The Rule
24 CFR 982.553 names two records an agency must refuse with no end date, one three-year bar, and a wider group of crimes where denial is the agency's choice.
| What the record shows | What the agency does | How long | Paragraph |
|---|---|---|---|
| A household member is "subject to a lifetime registration requirement under a State sex offender registration program" | Must prohibit admission | While the person is subject to it and in the household | (a)(2)(i) |
| A household member "has ever been convicted" of making methamphetamine "on the premises of federally assisted housing" | Must prohibit admission | No end date | (a)(1)(ii)(C) |
| A household member was evicted from federally assisted housing for drug-related criminal activity | Must prohibit admission, with two exceptions | 3 years from the eviction | (a)(1)(i) |
| The agency determines a member uses illegal drugs now, or that drug use or alcohol abuse may threaten other residents | Must prohibit admission; may weigh rehabilitation | While it is current | (a)(1)(ii)(A), (B); (a)(3) |
| Drug-related, violent or other threatening crime, now or "during a reasonable time before the admission" | May prohibit admission | The period in the agency's plan | (a)(2)(ii) |
What it means: the word "felony" appears nowhere in the rule. It names activities and two records, and every row applies to each household member.
Source: 24 CFR 982.553(a); 42 U.S.C. 13661 and 13663.
- Drug-related criminal activity"the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug" (24 CFR 5.100).
- Violent criminal activitycrime involving "the use, attempted use, or threatened use of physical force" likely to cause "serious bodily injury or property damage" (5.100).
- Federally assisted housingpublic housing, Section 8 housing and the other HUD programs listed in 5.100, not a private unassisted apartment.
The two lifetime bans
Both bans turn on a specific record. The sex offender rule names lifetime registration only, and the agency must check the state where the housing is and other states where household members are known to have lived (982.553(a)(2)(i)).
Watch outLocal plans can be stricter. Chicago's applies the methamphetamine ban to production "in any location". Fort Worth's denies anyone "currently subject to any registration requirement". Both plans are linked in the table below.
The three-year bar and its two exceptions
A household is barred for three years from the date of a drug-related eviction from federally assisted housing, and the agency may admit it sooner in two cases (982.553(a)(1)(i)):
- The evicted person "has successfully completed a supervised drug rehabilitation program approved by the PHA".
- "The circumstances leading to eviction no longer exist (for example, the criminal household member has died or is imprisoned)."
Both say the agency "may" admit. Los Angeles's plan uses the first only where the eviction was for personal drug use. Other evictions are in Section 8 with an eviction or agency debt.
Veterans with a HUD-VASH voucher
For HUD-VASH, agencies may deny on one criminal ground only: lifetime sex offender registration. If the registrant is not the veteran, the remaining family "may be served if the family agrees to remove the sex offender from its family composition" (89 FR 65769, August 13, 2024).
Which Rule Applies to My Record?
Work down the federal rule in order: the first question answered "yes" is the rule that governs.
- 1Lifetime sex offender registration, in any state?The agency must deny while that person is in the household.
- 2Ever convicted of making methamphetamine on the premises of federally assisted housing?The agency must deny, with no end date.
- 3Evicted from federally assisted housing for drug-related activity in the last three years?Barred until the three years end, unless the agency applies an exception.
- 4Illegal drug use now, or drug or alcohol use the agency believes may threaten other residents?The agency must deny if it so determines. Treatment may be weighed.
- 5Any other drug-related, violent or threatening crime?Denial is optional. Check the plan's look-back period.
- 6Only an arrest, a dismissed charge or an acquittal?No current HUD notice settles it. The local plan and state law do.
- 7None of the above?982.553 does not reach it. Fraud against a housing program and a plan's own suitability screening are separate grounds (982.552(c)(1)(iv), (e)).
What it means: only steps 1 and 2 have no time limit, and only steps 5 and 6 depend on which agency holds the waiting list.
Source: 24 CFR 982.553(a).
How Far Back Housing Authorities Look
Federal rules set no number of years: the agency "may establish a period before the admission decision" (982.553(a)(2)(ii)(B)), and the ten plans below range from 180 days to 20 years.
View the data table
| Housing agency | Years |
|---|---|
| Chicago Housing Authority | 0.5 |
| Los Angeles (HACLA) | 1 |
| New Jersey DCA | 5 |
| Miami-Dade | 5 |
| San Diego Housing Commission | 5 |
| Fort Worth Housing Solutions | 5 |
| Boston Housing Authority | 7 |
| Philadelphia Housing Authority | 20 |
What it means: this is the longest period each plan states, apart from the federal bans. NYCHA and Seattle state no number.
Source: the plans linked in the next table; VoucherMatch comparison.
| Agency | Look-back for criminal activity | Arrests | Where it is written |
|---|---|---|---|
| Chicago Housing Authority | 180 calendar days for drug-related, violent or threatening activity | Will not deny "solely upon the basis of an applicant's arrest record" | Plan, October 1, 2025, section 3-III |
| Los Angeles (HACLA) | 1 year for a conviction for drug use or possession for personal use, or a crime involving alcohol. No period for other crimes by applicants was found in chapter 13. | Decides on "a preponderance of the evidence" | Plan, January 2026, chapter 13 |
| New Jersey DCA | 3 years; 5 years for violent criminal activity | Decides on a preponderance of the evidence, arrest or not | Plan, fiscal year from July 1, 2026, section 4.2 |
| Miami-Dade | 5 years after a felony conviction, 3 after a misdemeanor; violent felonies may bring a permanent denial | An arrest with charges dropped or an acquittal "may not result in" denial | Plan, undated copy, section 2.4.E |
| San Diego Housing Commission | 5 years for drug-related or violent criminal activity | An arrest "shall not be treated or regarded as proof" | Plan, approved July 18, 2025, chapter 12 |
| Fort Worth Housing Solutions | 5 years from the offense for felony drug activity and listed violent conduct. No end date is stated for murder, kidnapping, sexual assault or arson. | "Conviction of a crime is not required" | Plan, dated March 19, 2024, Addendum B |
| Boston Housing Authority | 7 years for a felony, 3 for a misdemeanor, from conviction or release, whichever is later; longer for a pattern of violence | "Shall not consider arrests" | Plan, April 1, 2026, sections 5.7 and 6.1 |
| Philadelphia Housing Authority | By offense: 3 to 20 years after a felony conviction (5 for burglary or fraud; 10 for assault or robbery; 20 for first-degree murder), 3 after other convictions | "Arrest records alone will not be used" | Plan, January 1, 2026, sections 4.19 to 4.21, Appendix D |
| NYCHA (New York City) | No number. Weighs "the length of time since the criminal activity occurred" case by case. | Not stated | Plan, May 2026, section VII |
| Seattle Housing Authority | No look-back for general crime was found in its optional denials | "A record of arrest(s) will not be used as the basis for denial" | Plan, January 12, 2026, section 3-III |
Source: the plans linked in each row. What it means, in VoucherMatch's reading: a six-year-old felony robbery conviction is outside the stated window in Chicago, New Jersey, San Diego and Fort Worth, inside it in Boston and Philadelphia, and open to a permanent denial in Miami-Dade.
Key pointA date inside the window is not a certain denial, and one outside it is no promise of approval: every plan lets staff weigh circumstances. Find the local plan through the housing authority directory.
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Arrests Are Not Convictions
An arrest is not a ground named in the regulation, and the HUD guidance that told agencies not to deny on an arrest record alone was withdrawn in 2025.
- 2015HUD Notice PIH 2015-19 gave guidance on excluding arrest records from housing decisions.
- January 16, 2025HUD withdrew its 2024 proposal to make agencies weigh how recent and relevant a record is (90 FR 4686).
- September 26, 2025Notice PIH 2025-26 rescinded the 2015 notice and told agencies to follow the regulations "and all relevant State and local laws related to the use of arrest records".
- November 25, 2025a letter from the HUD Secretary said a 2016 legal memo and a 2022 fair housing memo on criminal records were rescinded as well.
- October 7, 2026no later notice on criminal records appears on HUD's list of public housing notices, which runs through Notice PIH 2026-25.
What it means: protection against denial for an arrest alone now sits in each agency's plan and in state and local law. Chicago's and Miami-Dade's plans still cite the rescinded notice.
Source: the documents linked above.
The regulation asks whether the agency "determines" that a member engaged in the activity (982.553(a)(2)(ii)). Six of the ten plans limit the use of an arrest alone, in the words quoted in the table. Pending charges vary too: Philadelphia suspends its decision "until the criminal investigation is completed", and Boston counts "charges awaiting trial".
What Housing Authorities Weigh in Your Favor
For every optional denial, the agency "may consider all relevant circumstances" (24 CFR 982.552(c)(2)). The rule permits this weighing and does not require it.
- The case itself"the seriousness of the case" and "the extent of participation or culpability of individual family members".
- Disability"mitigating circumstances related to the disability of a family member", with a reasonable accommodation where it applies.
- The rest of the family"the effects of denial" on members "who were not involved".
- Rehabilitationfor past drug or alcohol problems, whether the person "is participating in or has successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully".
What it means: plans add their own factors, such as age at the time and tenant history (New Jersey), work history and completed probation (Philadelphia), and time since conviction (Miami-Dade).
Source: 24 CFR 982.552(c)(2).
TipAn applicant denied earlier can ask to be reconsidered. The rule treats as "sufficient evidence" a certification of no such activity during the agency's period, backed by information "from such sources as a probation officer, a landlord, neighbors, social service agency workers and criminal records" (982.553(a)(2)(ii)(C)).
When the Record Belongs to a Family Member
One member's record can sink the whole application, because the denial rules speak of "any household member". Where the plan allows it, the family can apply without that person.
| Situation | What the rule or plan says |
|---|---|
| Federal rule on excluding a member | The agency may require, "as a condition of continued assistance for other family members", that the member responsible "will not reside in the unit" (982.552(c)(2)(ii)). The plans below apply the idea to applicants. |
| Philadelphia | A household with a member under either lifetime ban "may only be admitted" if that person "is no longer a member of the household". The head of household certifies the person "will not be permitted to visit or to stay as a guest". |
| Los Angeles | "The family may withdraw that person from the household", and all adults sign conditions that the person "will never reside in the unit". A temporary absence is not enough. |
| Seattle and New Jersey | The family may remove the member, certifies the person will not live or stay as a guest in the unit, and shows the person's address on request. |
| Miami-Dade | May require that the member responsible, "other than the head of household", not be part of the family. |
| Adding someone after admission | The family "must request PHA approval to add any other family member" (24 CFR 982.551(h)(2)). Los Angeles denies an addition who would be ineligible as an applicant. Philadelphia runs a check when an adult is proposed and after a minor turns 18. |
| A relative coming home from prison | Fort Worth's plan has a reentry path for a close relative referred by probation or parole. |
What it means: removal helps when the record belongs to someone other than the head of household. A member removed this way cannot return as a long-term guest: see how long a guest can stay in a Section 8 home.
Source: 24 CFR 982.551 and 982.552; the plans linked in the look-back table.
How to Apply With a Record
Apply, answer the criminal history questions truthfully, and use the two protections the rules give every applicant: a copy of the record and an informal review.
- 1Find an open listcheck Section 8 waiting lists or whether Section 8 is open right now.
- 2Read the plan's denial chapternote the look-back period and whether it counts from the offense, the conviction or release.
- 3Consenteach adult signs a release for conviction records (24 CFR 5.903(b)). The agency "may not pass along to the tenant the costs of a criminal records check" (982.553(d)(3)).
- 4Copy of the recordbefore denying on a criminal record, the agency must give the applicant and the person named a copy and a chance "to dispute the accuracy and relevance of that record" (982.553(d)(1); 5.903(f); 5.905(d) for registry information).
- 5Denial noticeprompt, with "a brief statement of the reasons" and how to request an informal review (24 CFR 982.554(a)).
- 6Informal reviewheld by someone other than the person who made or approved the decision, or a subordinate. The applicant may present "written or oral objections", and the final decision comes with reasons.
What it means: the review is where to show a record is wrong, older than the plan's window, or outweighed by what has happened since.
Source: 24 CFR 5.903, 5.905, 982.553(d) and 982.554.
- Philadelphia and Seattle10 business days from the date of the denial.
- Chicago15 business days from the date of the denial.
- Boston20 days from the date of the notice.
- Los Angeles30 days from the date of the notification.
What it means: federal rules set no deadline, so the notice controls.
Source: the plans linked in the look-back table.
- Court papers showing the charge, the outcome and the date for each case
- Proof of release date and of completed probation or parole
- A certificate or letter from a drug or alcohol treatment program
- Letters from a probation officer, landlord, employer or case manager
- Proof of where a removed household member now lives
Watch out24 CFR 982.553 says nothing about sealed or expunged records. Boston's plan does not consider cases continued without a finding or charges not prosecuted, and Miami-Dade's excludes juvenile records. Whether a sealed record appears in a check depends on state law, which VoucherMatch did not review.
A family moving with its voucher may be screened again: Philadelphia and Seattle check families that port in. See how Section 8 portability works.
The Landlord Is a Second Screen
Passing the agency's check does not bind a landlord: "the owner is responsible for screening and selection of the family" and may consider "drug-related criminal activity or other criminal activity that is a threat to the health, safety or property of others" (24 CFR 982.307).
Seattle's and NYCHA's plans say they do not give owners the criminal check. State and local laws on landlord use of criminal records were not reviewed for this article.
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After You Are on the Program
After admission the question changes from denial to termination. The agency "must immediately terminate assistance" over a methamphetamine conviction of the kind described above, and must have standards that allow termination for drug-related or violent criminal activity by a household member (982.553(b)). What can make you lose your Section 8 voucher covers those rules and the hearing.
What Landlords Should Know
- The agency's approval covers program eligibility. Choosing the tenant is the owner's job under 982.307.
- The agency must give the owner the family's current and prior address and, if known, those landlords' names and addresses (982.307(b)).
- In public housing the agency is also the landlord: see Section 8 vs. public housing.
Frequently Asked Questions
Can a felon get Section 8?
Yes, in most cases. Federal rules bar only lifetime sex offender registrants and people convicted of making methamphetamine in federally assisted housing. Other felonies fall under each agency's look-back period.
Does Section 8 accept felons?
Yes. No federal voucher rule excludes felons as a group.
Can you have Section 8 with a felony?
Yes. A felony from before admission is judged under the agency's look-back period. A new drug or violent crime after admission can lead to termination.
How many years back does Section 8 check criminal records?
No federal number exists. In ten plans read on October 7, 2026, the longest stated period ran from 180 days in Chicago to 20 years in Philadelphia.
Can I get Section 8 with a drug felony?
Often, depending on the agency and the date. Drug-related activity is an optional ground with a local look-back. A drug-related eviction from assisted housing carries a three-year bar.
Can Section 8 deny me for an arrest?
It depends on the local plan and state law. HUD rescinded its 2015 notice on arrest records on September 26, 2025. Chicago, Boston, Philadelphia and Seattle still say an arrest record alone will not be used.
Can my family get Section 8 if one member has a record?
Yes, if the record is not disqualifying under the plan. If it is, several plans let the family remove that member and certify the person will not live in the unit.
Does Section 8 check criminal background every year?
It varies. Philadelphia checks at admission, when an adult is added and after a minor turns 18. Miami-Dade's plan says checks run at annual reexaminations.
Where can I find felony-friendly apartments?
No official list was found. Start with landlords who already rent to voucher holders: browse voucher-friendly listings on VoucherMatch and ask for their written screening criteria.
Sources
The core rules are 24 CFR 982.552, 982.553 and 982.554. Every regulation, statute, HUD document and agency plan is linked where it is cited above.
Next step: download the plan of the agency whose list is open, search it for "criminal", and write down its look-back period and the date it counts from.
Looking for a place that takes your voucher? Browse voucher-friendly listings on VoucherMatch.
Have a unit to rent? List your property and reach tenants who already have a voucher in hand.
Sources for this article (25)
- 24 CFR 982.553 (ecfr.gov)
- 42 U.S.C. 13661 (govinfo.gov)
- 13663 (govinfo.gov)
- 24 CFR 5.100 (ecfr.gov)
- 89 FR 65769 (federalregister.gov)
- Plan (thecha.org)
- Plan (hacla.org)
- Plan (nj.gov)
- Plan (miamidade.gov)
- Plan (sdhc.org)
- Plan (fwhs.org)
- Plan (bostonhousing.org)
- Plan (pha.phila.gov)
- Plan (nyc.gov)
- Plan (seattlehousing.org)
- 90 FR 4686 (federalregister.gov)
- Notice PIH 2025-26 (hud.gov)
- letter from the HUD Secretary (content.govdelivery.com)
- list of public housing notices (hud.gov)
- 24 CFR 982.552(c)(2) (ecfr.gov)
- 24 CFR 982.551(h)(2) (ecfr.gov)
- 24 CFR 5.903(b) (ecfr.gov)
- 5.905(d) (ecfr.gov)
- 24 CFR 982.554(a) (ecfr.gov)
- 24 CFR 982.307 (ecfr.gov)
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Every rule, date and dollar amount in this article is checked against the agency document it comes from, and the sources are listed above. How VoucherMatch articles are researched and corrected
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