HUD Secretary Publishes Letter on Criminal Screening and Obligations to “Make America Safe Again”
By: Sean Tropea – South Carolina & Georgia Licensed Partner
with Brownlee Whitlow & Praet
Introduction
On November 25, 2025, the Secretary of the U.S. Department of Housing and Urban Development (HUD) published a letter applicable to Public Housing Authorities (PHAs) and private owners of project-based rental assistance that rescinds prior authority applicable to criminal screening and obligations to ensure “decent, safe, and affordable housing” and “make America safe again.”
In furtherance of the above-mentioned obligations articulated by HUD’s Secretary, “PHAs and owners must take all steps necessary to meet that obligation, including: (1) [s]creening for criminal history prior to admission into HUD-assisted housing; (2) [m]onitoring of assisted households to remove individuals that post a threat to the safety and peaceful enjoyment of their units; and [d]eploying resources to ensure the ongoing safety of such properties through physical security features and/or contracted safety services.”
HUD’s recently published letter notes that “past HUD guidance has created confusion about this obligation” and thus aims to clarify past guidance by rescinding specified authority, which is discussed further below.
Authority Rescinded as of November 25, 2025
HUD’s November 25, 2025 letter takes the position that certain prior formal opinions/guidance “had a chilling effect on the use of some information to screen for suitability for and termination of tenancy” and “[t]o correct this, reduce confusion, and help our partners meet their obligations, HUD has rescinded” the following:
(1) Notice 2015-19, “Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions”;
(2) a 2016 memo from HUD’s Office of General Counsel on “Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions”; and
(3) a 2022 memo from HUD’s Office of Fair Housing and Equal Opportunity on “Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions[.]”
Therefore, unless/until otherwise articulated by HUD or provided for by law, this letter conveys that the aforementioned guidance is hereby rescinded and “no longer the case” as it relates to PHA’s and privately-owned properties participating in project-based assistance.
Reminders of Criminal Screening Requirements and Options
HUD’s Secretary also provided reminders to PHAs and owners of the mandatory screening requirements and optional screening policies available to meet the emphasized obligation to provide safe housing – these include:
(i) Mandatory Denial of Applicants for Program Admission
The letter states HUD regulations require that an applicant shall not be admitted to a HUD program if the applicant:
(a) has been previously evicted from Federally-assisted housing within the past three (3) years for drug-related criminal activity;
(b) is currently engaged in the illegal use of drugs or if such drug use reasonably would cause a threat to the safety of the individuals living in a property;
(c) has been convicted of producing methamphetamine in Federally-assisted housing;
(d) is subject to a lifetime sex offender list; or
(e) has a history of alcohol abuse that a responsible entity reasonably believes threatens the health, safety or right to peaceful enjoyment of the property.
(ii) Permissive Screening for Denial of Assistance
The letter additionally states that PHAs and owners have broad discretion to screen for suitability of tenancy or program participation for all relevant circumstances, including a history of criminal activity which would adversely affect the health, safety, and peaceful enjoyment of the property.
(iii) Termination of Assistance for Criminal Conduct
The letter further states that PHAs must take a proactive approach to safety by continuously monitoring criminal activity of residents and taking steps to immediately act if information is found that could result in a termination of tenancy. PHAs and owners must also establish standards that allow for termination of assistance for households where persons within:
(a) engage in illegal drug use or have a pattern of drug use that threatens the health, safety or peaceful enjoyment of the property;
(b) have been convicted of production of methamphetamine in Federally-assisted housing;
(c) are engaged in in drug-related criminal activity;
(d) are engaged in violent criminal behavior; or
(e) are abusing alcohol.
The letter goes on to refer to prior authority on “One Strike and You’re Out” policies by emphasizing that “an essential element of a “One Strike” policy is to strictly enforce these lease provisions against all violators in a fair, uniform manner.”
Recommendations by HUD’s Secretary
HUD’s Secretary goes on to “strongly recommend” that local PHAs and owners review existing policies and take advantage of the above-mentioned screening requirements and options for enforcement of criminal-related lease tools to optimize their ability and obligation to provide safe housing.
In addition to reviewing and revising existing policies, HUD’s Secretary noted that (i) PHAs and owners should publicly display and advertise for use the HUD Office of Inspector General (OIG) Hotline: 1-800-347-3735 and (ii) residents, staff, and management should be directed to call 911 or local law enforcement if they are experiencing or have knowledge of health and safety emergency or witnessing an active crime involving gang, drug activity, sex trafficking, illegal aliens, or other violent crimes at HUD properties.
Conclusion: Next Steps for PHAs and Private Owners of Project-Based Rental Assistance
By way of HUD’s Secretary characterizing safety as an “obligation,” PHAs and private owners of project-based rental assistance may now wish to consider this November 25, 2025 letter as an impetus to audit their screening and lease terms / policies to ensure these are commensurate with what was recently articulated and emphasized to avoid retaining and/or exacerbating any risk of noncompliance.
The assisted housing framework of the United States has undergone some notable changes in the past decade and this letter is no exception considering it appears to demonstrate a complete reversal from prior administrations, returning this nation to 2016 with respect to criminal screening and tenancy termination, so any PHA and/or private owner who may have inquiries regarding applicability and/or interpretation of this recent source of authority should contact legal counsel for further review and determination of impact.
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