Screening for Drug Abuse — HUD Handbook 4350.3 REV-1

HUD requires that owners develop tenant selection plans that contain prohibitions against the admission of applicants who are engaging or have engaged in drug abuse or criminal activity. The specific requirements for developing the plan are found in paragraph 4-7 C.
Owners must require every adult member of an applicant household to sign a consent form allowing all relevant criminal information to be released.
Owners are not required to conduct a background check on applicants applying for an unassisted unit or tenants living in an unassisted unit in a project-based property. Owners may conduct background checks on applicants for unassisted units if they wish.
In order to meet the screening requirements, owners may need to obtain access to criminal records. Owners may choose from several sources to obtain the screening information:
- a. An owner may use the local Public Housing Authority (PHA) to conduct the appropriate check of an applicant's criminal conviction history and to check if the applicant or any members of the applicant’s household are subject to a State lifetime sex offender registration and to make the screening determination.
- b. The owner may use alternative sources, including private credit and screening services, to check available databases storing criminal history.
*If the owner selects a PHA to obtain criminal conviction records, the PHA will use the criminal records and State sex offender registration record(s) received from the law enforcement agency along with the owner’s screening criteria to determine, on behalf of the owner, the suitability of

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Section 4: Selecting Tenants from the Waiting List the applicant for tenancy. If the owner uses the PHA to conduct the criminal background check, procedures to be used include:*

a. Owners may request that the PHA in the jurisdiction of the property obtain criminal conviction records and State sex offender registration record(s) for screening purposes. The request must include a copy of the signed consent form(s) and the project standards for prohibiting admission.
b. The PHA, upon receipt of the owner’s request, will request criminal conviction records and State sex offender registration record(s) from the law enforcement agency.
c. The law enforcement agency must promptly release a certified copy of the record. National Crime Information Center (NCIC) records are provided in accordance with NCIC procedures.
d. The PHA must determine whether criminal action by a household member, as shown by the conviction records and State sex offender registration records, may be a basis for screening out the applicant and notify the owner making the request.
e. The PHA may charge the owner a reasonable fee for processing requests and may also require the owner to reimburse the PHA fees charged by law enforcement agencies.
f. The PHA is required to maintain the criminal records and State sex offender records in a confidential manner and may not disclose the contents to the owner.
- g. Owners must retain documentation in the tenant file showing the date, type and results of the criminal background check, including the State lifetime sex offender registration check, performed by the PHA.

The owner may deny admission to an applicant using his/her standard for admission screening if the criminal background check indicates the applicant provided false information. The owner must deny admission if the State sex offender registration record indicates the applicant provided false information. If the determination is made by either the PHA or owner to deny admission to the applicant, the entity making the determination must:
- a. Notify the applicant of the proposed denial of admission.
- b. Provide the subject of the record and the applicant with a copy of the information the action is based upon.
- c. Provide the applicant with an opportunity to dispute the accuracy and relevance of the information obtained from any law enforcement agency.

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Section 4: Selecting Tenants from the Waiting List

4350.3 REV-1

If the owner uses alternative sources to screen for criminal activities, the owner may consider the following when identifying potential information sources:
- a. Obtain information from each city, county, and/or state where the applicant was a resident;
- b. Attempt to obtain information that includes an applicant's arrest record, in addition to the conviction record and State sex offender registration record; and
- c. Establish guidelines for "reasonable cause to believe" when screening for illegal drug use and abuse of alcohol that interferes with other residents’ health, safety, and right to peaceful enjoyment of the property.