Many of you in affordable housing (HUD Multifamily Housing Assistance Programs) are aware that, in April 2024, HUD posted a Proposed Final Rule entitled Reducing Barriers to HUD-Assisted Housing.
This Proposed Final Rule explained concerns about owner/agents' criminal screening practices indicating that some criminal screening practices could have disparate impact. This Proposed Final Rule also explained that HUD wished to establish restrictions, at the federal level, limiting owner/agents' criminal screening practices.
On January 16, 2025, HUD withdrew the Proposed Final Rule.
Owner/agents should still review criminal screening, when reviewing the Tenant Selection Plan, to ensure that criminal screening policies are in line with other HUD guidance.
Please keep in mind that, if your state, county or city have established such criminal screening restrictions - often referred to as "Ban the Box" initiatives - those local restrictions related to criminal screening are still in place.
RBD offers both Pre-HOTMA and HOTMA-compliant Tenant Selection Plans that include language providing comprehensive screening criteria including criminal screening. Once a Tenant Selection Plan is purchased, it can be used for all properties that are part of your portfolio. These TSPs are provided in Microsoft Word format so they may be edited in the future as HUD requirements or owner/agent policies change.
