Can People With Felonies Get Section 8 Housing?

People with felony convictions can sometimes get Section 8 housing, but certain types of crimes and circumstances can make you ineligible or delayed. Policies come from both federal law and local housing agencies, so the answer depends on what the conviction is for and where you apply.

HowToGetAssistance.org is an informational site only; you must go through official government housing agencies or portals to apply or check your status.

How Section 8 Treats Felony Convictions

Section 8 (Housing Choice Voucher Program) is run locally by Public Housing Agencies (PHAs) using federal rules from HUD, plus their own local policies. They review criminal history to decide if someone is eligible, denied, or put on hold.

At a high level:

• Some offenses are automatic federal bans.
• Some are local policy bans or waiting periods.
• Other convictions may be allowed if enough time has passed and there is no recent serious criminal activity.

Because rules can differ by city/county, a PHA in one area may accept an applicant that another PHA would deny. You can usually find your local PHA on HUD’s “Find Your Local Public Housing Agency” page on HUD.gov.

Key Terms to Know (Plain Language)

• PHA (Public Housing Agency): Local office that runs Section 8 and decides who qualifies.
• Lifetime sex offender registration: A person required to be on a sex offender registry for life; this is a permanent federal Section 8 bar.
• Eviction for drug-related activity: Being legally evicted from housing because of drug use, possession, or sales.
• Criminal background screening: Check of arrest/conviction records the PHA uses when deciding eligibility.

Fast Answer: Who With a Felony Cannot Get Section 8?

Federal law says PHAs must deny Section 8 to people in two categories:

PHAs also must deny or terminate assistance when they find:

• Current illegal drug use, or
• Drug-related or violent criminal activity that threatens the health or safety of others in the housing.

Even if your felony is not in a “mandatory ban” category, a PHA can still deny you under its local criminal background policy, especially for recent violent offenses, serious drug crimes, or repeated offenses.

No one can guarantee approval if you have a felony; each PHA makes its own case-by-case decision within HUD guidelines.

Does This Apply to Me? How Felonies Are Usually Evaluated

Most PHAs look at three main things when reviewing felony history:

1. Type of offense

   • Almost always disqualifying:
     • Lifetime sex offender registration.
     • Methamphetamine production in federally assisted housing.
   • Often major problems (but not always automatic bans):
     • Recent violent felonies.
     • Felonies involving weapons.
     • Drug distribution/trafficking.
   • Sometimes allowed, depending on time and pattern:
     • Older non-violent offenses.
     • Certain property or financial crimes.
     • Charges that did not lead to conviction (many PHAs focus on convictions, but policies vary).

2. How recent the activity is
   PHAs commonly look back 3–7 years, sometimes longer for serious offenses. More recent criminal activity usually makes approval harder; older, non-repeated conduct is more likely to be considered for approval.

3. Evidence of change or rehabilitation
   Some PHAs consider:

   • Completion of probation or parole.
   • Treatment or counseling for substance use.
   • Stable employment or participation in reentry programs.
     These do not guarantee approval but can help show you are not currently a risk.

If you are unsure how your record might be treated, you can ask the PHA:
“Do you have a written criminal background policy I can review before I apply?”

What You’ll Need Ready (Especially With a Record)

Applying with a felony usually means more questions and sometimes requests for extra documentation. Having information ready can reduce delays.

Commonly required for the application itself:

• Photo ID for all adults in the household.
• Social Security numbers (or proof you’ve applied), where required.
• Birth certificates or other proof of age/identity.
• Proof of income (pay stubs, benefit letters, child support, unemployment, etc.).

When you have a criminal record, you may also want ready:

• Court disposition records (showing the final outcome of the case).
• Probation/parole completion letters, if applicable.
• Certificates from treatment or reentry programs, if you have them.

A common reason applications get delayed is missing court or probation paperwork when the PHA asks for clarification on an old charge. Calling the court clerk or your former probation office ahead of time can make it easier to respond quickly.

Your Next Steps: How to Check Eligibility and Apply

1. Find the right local housing agency

1. Locate your PHA.
   • Go to HUD’s “Find Your Local Public Housing Agency (PHA)” page on HUD.gov and search by state and county.
2. Confirm they run Section 8 vouchers.
   Some smaller PHAs run only public housing, not Section 8; the listing will usually say which programs they administer.

What to expect next: You’ll see a phone number, mailing address, and often a website for your local PHA.

2. Ask about criminal background rules before you apply

Do this next: Call or email the PHA and say something like:
“I’m interested in applying for Section 8 and I have a prior felony. Can you tell me what your criminal background policy is and whether there is a waiting period for past convictions?”

Ask:

• Whether they use a lookback period (for example, last 5 years).
• Whether they consider evidence of rehabilitation.
• Whether you can submit documents explaining your history.

What to expect next: They may send or direct you to a written Admissions and Continued Occupancy Policy (ACOP) or Administrative Plan that lists disqualifying offenses and timeframes.

3. Submit the application (and be honest)

When you are ready to apply:

1. Complete the application online, by mail, or in person, depending on your PHA’s process.
2. Answer all criminal history questions truthfully.
3. If the form allows, attach a brief explanation for serious past offenses and include documents that show completion of probation, treatment, or reentry support.

What to expect next:

• Many PHAs will first put you on a waiting list (if open) and then run a criminal background check later, when your name nears the top.
• You usually will not get an immediate approval or denial.

4. Respond quickly to any criminal-background letters

If the PHA sees something on your record, they may send a letter asking for:

• Court documents,
• Proof of case dismissal, or
• Proof that probation/parole is completed.

If this happens → Do this:

• Contact the court clerk or your former probation/parole office to get certified records.
• Submit exactly what the PHA requests before the deadline on the letter.

What to expect next: The PHA will review your documents and then issue either a pre-approval, denial, or a notice that your case remains on the waiting list.

Fixing a Problem: If You’re Denied Because of a Felony

If a PHA denies your Section 8 application based on criminal history, they must send a written notice explaining the reason and your right to an informal review or hearing.

Typical steps:

1. Read the denial reason carefully.
   • Look for the exact offense and dates they relied on.
2. Check if there is a deadline to request a hearing (often 10–30 days).
3. Request the hearing in writing before the deadline.

At the hearing, people often bring:

• Court records showing dismissal or reduction of charges.
• Proof that they are no longer on probation or parole.
• Letters from treatment providers, employers, or reentry programs (if allowed).

Sometimes PHAs reconsider when the record is older than they thought, the offense was misclassified, or they see strong evidence of rehabilitation. There is no guarantee they will change the decision.

Avoid Mistakes and Scam Warnings

Section 8 involves money and identity checks, so be careful:

• Never pay anyone who claims they can guarantee Section 8 approval “even with felonies” for a fee. PHAs do not sell spots or fast approvals.
• Application forms are free; PHAs may charge modest fees for things like replacement key cards in public housing, but not for getting on a waitlist.
• Only give personal information (Social Security numbers, birthdates) through the official PHA office, its verified website, or government partner portals.
• If someone pressures you to sign a “Section 8 contract” in exchange for upfront cash, contact your PHA or local consumer protection office before agreeing.

If you are unsure whether a website or phone number is official, you can dial 211 (in most areas) or check your PHA listing through HUD.gov and use only those contact points.

Real-World Friction to Watch For

People often get stuck when their contact information changes while they are on a long waiting list; PHAs typically close your file if mail is returned or you miss a deadline for a background check appointment. If you move or change phone numbers, contact the PHA right away and update your address, phone, and email in writing so notices about criminal background reviews or hearings reach you.

Once you know which PHA serves your area and how they treat different kinds of felonies, you can decide whether to apply now, gather more documentation, or wait until more time has passed since your last offense.