HUD Regulations: What is the One Strike Policy?

The Department of Housing and Urban Development has a listing of HUD regulations that participants of the HUD program must abide by. At the same time, the program also has certain bylaws established in order to protect public housing providers from having to provide housing for (or subject honest tenants to) tenants who commit certain misconducts involving the law. The problem over the years has been that those parties within the Housing Authority weren't clear on at what point they were entitled to enforce these bylaws without violating the tenant's constitutional rights. This problem arose in cases where the application screening divulges criminal record information, or in cases where the actions of the tenant warranted immediate eviction. Because of the need for clarification on when these bylaws become enforceable, HUD imposed the "One Strike Policy" in order to both warn tenants when their behaviors warranted eviction or denial of their HUD assistance applications and to protect the Housing Authority system from illegitimate discrimination suits.

How the Policy Works

When a Housing Authority worker conducts a background check that uncovers a criminal offense (especially drug offenses), the worker may choose to ignore the conviction in cases where the offense occurred a substantial amount of time before the application.

• If the offense occurred shortly before the application is filed, the worker has the right to reject assistance for the applicant.
  
• If the background check is performed on a current tenant who has a HUD assisted tenancy, the worker has the right to enforce the One Strike Policy and evict the tenant, barring the individual from any further assistance.
  
• The enforcement may also occur when a tenant files a legitimate complaint against another tenant in a housing unit that holds more than one family, if the complaint shows the behavior of the tenant to be disruptive or criminal in nature.

Conviction not Necessary

The One Strike Policy that was instilled by the Clinton administration clearly states that there does not need to be a criminal conviction on a tenant's record in order for the Housing Authority to evict a tenant on the grounds of criminal activity. The only thing the Housing Authority must be able to show is that the tenant or one of the tenant's family members is participating in unruly or disruptive behavior. The rule is stated this way so that people who engage in criminal behavior or disruptive behavior aren't taking up room in the assistance system and possibly preventing an honest family from receiving assistance. Housing Authority workers are to conduct frequent background checks on current tenants as well as pre-approval screenings on every applicant, and to be able to report instances where the policy is being enforced in order to receive additional funding for assistance programs every year.

Getting Help

If you are applying for HUD assistance and are concerned about the one strike policy or other HUD regulations, you should consult with an experienced attorney. Your lawyer can assist you in understanding and enforcing your legal rights when it comes to HUD housing.