Can You Get Section 8 If You Have a Felony?

Many people with a criminal record want to know whether a felony automatically disqualifies them from getting Section 8 housing assistance. The short answer is no, not always—but some types of felonies and situations can lead to denial or lifetime bans.

HowToGetAssistance.org provides general information only; you must use official housing authority or HUD channels to apply or check your status.

Fast Answer: When a Felony Blocks Section 8 and When It Might Not

Section 8 (the Housing Choice Voucher program) is run by local Public Housing Agencies (PHAs) using federal rules from HUD, plus local policies. You are not automatically denied just because you have a felony, but there are some strict mandatory bans and other situations where denial is likely.

Here is a simplified view:

*These are typical patterns; actual decisions vary by PHA and case.

PHAs generally look at criminal activity that threatens health, safety, or property—not just the label “felony.” They often consider how long ago the offense happened, your behavior since then, and whether there is evidence of rehabilitation.

How PHAs Usually Evaluate Felonies for Section 8

HUD sets some federal rules for all PHAs, but local housing authorities often add their own screening criteria, so decisions can vary by city or county. Typically, PHAs review:

• Type of felony (violent, drug-related, property, fraud, etc.)
• How recent the offense is (for example, within the last 3–5 years)
• Pattern of behavior (multiple offenses vs. a single incident)
• Current status (probation, parole, outstanding warrants)
• Evidence of change (treatment, stable work, clean record since)

Federal mandatory denials

Under federal HUD rules, PHAs must deny assistance if:

1. Any household member is subject to a lifetime sex offender registration requirement in any state.
2. Any household member has been convicted of producing methamphetamine on the premises of federally assisted housing.

These are not flexible; PHAs generally cannot override them.

Discretionary denials (local decisions)

PHAs are allowed (but not required) to deny or terminate assistance for:

• Drug-related criminal activity, especially sale/distribution
• Violent criminal activity
• Other criminal activity that threatens residents’ health, safety, or peaceful enjoyment
• Alcohol abuse that threatens others’ safety

For these areas, PHAs usually have written Admissions and Continued Occupancy Policies (ACOP) or Administrative Plans that spell out lookback periods (for example, denying applicants for certain felonies within the last 3, 5, or 10 years).

A common reason applications get delayed is that the PHA has to request additional records (court dispositions, probation/parole letters) before deciding whether a particular felony falls within its policy.

Does This Apply to You? Key Eligibility Clues

Quick terms to know:

• PHA (Public Housing Agency): Local office that runs Section 8.
• HUD: Federal Department of Housing and Urban Development.
• Lookback period: How many years back the PHA checks for disqualifying offenses.
• Household member: Anyone who will live in the unit and be on the application or lease.

If you have a felony, you may still be considered if:

• Your felony is older than the PHA’s lookback period and you have not had serious issues since.
• The felony was not violent or drug distribution and did not involve harm to people in housing.
• You completed probation/parole successfully and have no outstanding warrants.
• You can show rehabilitation, such as treatment completion, steady employment, or positive references.

You are likely to be denied if:

• You or a household member is a lifetime-registered sex offender.
• You or a household member has a meth-production conviction on federally assisted housing premises.
• You have recent convictions for violent crimes, serious drug offenses, or crimes against persons or property.
• There is ongoing criminal activity or recent violations of probation/parole.

State and local variation: PHAs in different cities/counties can have stricter or more flexible rules. To find the right office, go to HUD’s “State Information” page at hud.gov and follow links to Public Housing Agencies for your state, or call 211 and ask for your local housing authority.

What You’ll Need Ready Before You Apply

Even with a felony, you typically go through the same basic process as any applicant, but criminal background screening is stricter. Having documents ready can reduce delays and show stability.

Commonly required information and documents:

• Photo ID for adult household members (state ID, driver’s license, etc.)
• Social Security numbers and cards, if available
• Birth certificates for household members
• Proof of income (pay stubs, benefit letters, child support, etc.)
• Rental history details (addresses, landlord contact info, approximate dates)
• Criminal history details (approximate dates, counties, charges, and outcomes)

If you have a felony, it often helps to also gather:

• Court disposition records (showing the final outcome of your case)
• Proof of completed probation/parole or compliance letters
• Certificates from treatment, classes, or reentry programs
• Letters from employers, counselors, or community programs showing positive behavior

Real-world friction to watch for: People often get stuck when a PHA requests specific court documents and they assume the agency will “pull everything themselves.” In many areas, you must contact the clerk of court or your probation/parole office to get copies, and your application may sit in “pending” status until you do.

Your Next Steps If You Have a Felony and Want to Apply

1. Confirm which PHA you should apply to

1. Identify the area where you want to live (city or county).
2. Search for “[your county] housing authority Section 8” or use HUD’s PHA search via hud.gov to find the official site.
3. Verify you are on an official .gov or housing authority site (not a third-party listing site).

What to expect: You will typically see information about current waitlist status, eligibility, and how to apply (online, by mail, or in person).

2. Check their criminal history policy

1. On the PHA’s website, look for “Administrative Plan” or “Section 8 Admissions Policy.”
2. Review any section about criminal background, denial of assistance, or screening criteria.
3. Note any lookback years and categories like “violent,” “drug-related,” or “sex offenses.”

What to expect: Policies are usually written in legal or technical language, but they typically state which types of convictions will typically cause denial and for how long.

3. Prepare your application and supporting documents

1. Gather the standard identification and income documents listed earlier.
2. List your criminal cases with dates and counties so you can answer questions accurately.
3. Collect any proof of rehabilitation that shows stability and change since your conviction.

What to expect: Applications usually ask yes/no questions about criminal history; PHAs can deny assistance for lying or leaving out information, even if the underlying offense might not have disqualified you.

If a form asks, “Have you ever been convicted of a felony?” and you’re not sure how to answer or explain, you can call and say:
“I’m completing the Section 8 application and I want to be accurate about my past felony. Is there a place on the form or during the process where I can provide details or documentation about my situation?”

4. Submit your application and respond to follow-up

1. Submit the application using the method your PHA accepts (online, by mail, drop box, or in-person).
2. Watch for letters, emails, or calls asking for more information or scheduling an interview.
3. Provide any requested court or probation/parole records quickly to avoid delays.

What to expect next: Many areas have long waitlists; even if you pass criminal screening, you may wait months or years for a voucher. Passing screening does not guarantee you will receive assistance; it only means you are eligible to be on the list.

Avoid Mistakes and Scam Warnings (Especially With a Felony)

When applying to Section 8 with a criminal record, screening will be more sensitive, and scammers sometimes target people who feel desperate for housing.

Common snags (and quick fixes):

• Not disclosing a felony that will show up anyway → Always answer screening questions truthfully; PHAs commonly run full background checks.
• Paying a “fee” to get moved up the list → PHAs do not charge to jump the line; avoid anyone promising faster approval for money.
• Using unofficial websites → Only use .gov or clearly identified housing authority sites for applications and waiting list status.
• Missing interview or paperwork deadlines → Mark all due dates; late or missed responses can lead to denial even if you would otherwise qualify.

For local help, you can often contact:

• Legal aid or reentry programs in your area for advice on how your record might be viewed.
• 211 (by dialing 2-1-1 or visiting the official 211 website) to get referrals to housing counseling or legal services.

By understanding how PHAs usually treat different types of felonies and preparing documents that show your current stability, you can approach the Section 8 process more confidently and reduce avoidable delays.