TABLE 1—
Variation in Local Public Housing Authority Policy Provisions Related to the Admission and Eviction of People With Criminal Justice Histories, Codified in Admission and Continued Occupancy Policies (ACOPs): United States, 2009–2018
ACOP Policy Provision | Prevalence, % (Restrictiveness Scale Value) | Conceptualization of Variable |
Admission | ||
Drug-related criminal activity lookback period | Longer lookback period is more restrictive because more time needs to pass before a person is re-eligible for public housing (i.e., the duration of exposure of the risk factor for housing insecurity is greater when the lookback period is longer). | |
3 y or not specified | 46.7 (0) | |
4–5 y | 43.4 (1) | |
≥ 6 y | 9.9 (2) | |
Violent criminal activity lookback period | Longer lookback period is more restrictive because more time needs to pass before a person is re-eligible for public housing (i.e., the duration of exposure of the risk factor for housing insecurity is greater when the lookback period is longer). | |
3 y or not specified | 46.1 (0) | |
4–5 y | 41.1 (1) | |
≥ 6 y | 11.8 (2) | |
Drug-related eviction from public housing lookback period | Longer lookback period is more restrictive because more time needs to pass before a person is re-eligible for public housing (i.e., the duration of exposure of the risk factor for housing insecurity is greater when the lookback period is longer). | |
3 y or not specified | 65.8 (0) | |
4–5 y | 25.7 (1) | |
≥ 6 y | 8.6 (2) | |
Index date for criminal activity lookback perioda | Release from prison or end of supervision is most restrictive because it is the date farthest from the date of the crime and results in the most time that needs to pass before a person is re-eligible for public housing (i.e., the duration of exposure of the risk factor for housing insecurity is greater when the lookback period is longer). | |
Crime, arrest, or charge | 11.2 (0) | |
Conviction or not specified | 82.2 (1) | |
Release from prison or end of supervision | 6.6 (2) | |
No. of events that explicitly have the ability to trigger denialb | Higher number of events is more restrictive because the probability of an applicant not being eligible for public housing (i.e., exposure to risk factor for housing insecurity and its health consequences) increases with the addition of each event. | |
Mean | 5.06 | |
Median | 5 | |
Range | 0–9 | |
Arrests or charges explicitly given less weight than conviction | Absence of policy provision is more restrictive because a person can be wrongly arrested or charged and be found not guilty of the crime that would be grounds for denial of admission (2015 HUD policy memo stated that arrest should not be used to trigger application denial for public housing). | |
Yes | 51.3 (0) | |
No | 48.7 (1) | |
Mitigating circumstances explicitly considered | Absence of policy provision is more restrictive because explicit mention of this type of mitigating circumstance provides the opportunity to admit individuals and families that may otherwise violate admission eligibility criteria related to criminal activity. | |
Yes | 86.2 (0) | |
No | 13.8 (1) | |
Circumstances related to nature of the violation explicitly considered as mitigating circumstance | Absence of policy provision is more restrictive because explicit mention of this type of mitigating circumstance provides the opportunity to admit individuals and families that may otherwise violate admission eligibility criteria related to criminal activity. | |
Yes | 50.7 (0) | |
No | 49.3 (1) | |
Impact on family explicitly considered as mitigating circumstance | Absence of policy provision is more restrictive because explicit mention of this type of mitigating circumstance provides the opportunity to admit individuals and families that may otherwise violate admission eligibility criteria related to criminal activity. | |
Yes | 40.8 (0) | |
No | 59.2 (1) | |
Eviction | ||
Family is explicitly permitted to remove member for any criminal or drug use activity | Absence of policy provision is more restrictive because explicit mention of this allowance provides the opportunity to admit individuals and families that may otherwise violate conditions related to criminal activity. | |
Yes | 50.0 (0) | |
No | 50.0 (1) | |
Mitigating circumstances explicitly considered | Absence of policy provision is more restrictive because explicit mention of this allowance provides the opportunity to not evict individuals and families that may otherwise violate conditions related to criminal activity. | |
Yes | 52.6 (0) | |
No | 47.4 (1) | |
Circumstances related to nature of the violation explicitly considered as mitigating circumstance | Absence of policy provision is more restrictive because explicit mention of this allowance provides the opportunity to not evict individuals and families that may otherwise violate conditions related to criminal activity. | |
Yes | 38.2 (0) | |
No | 61.8 (1) | |
Impact on family explicitly considered as mitigating circumstance | Absence of policy provision is more restrictive because explicit mention of this allowance provides the opportunity to not evict individuals and families that may otherwise violate conditions related to criminal activity. | |
Yes | 34.9 (0) | |
No | 65.1 (1) | |
Proof of good tenancy explicitly considered as mitigating circumstance | Absence of policy provision is more restrictive because explicit mention of this allowance provides the opportunity to not evict individuals and families that may otherwise violate conditions related to criminal activity. | |
Yes | 27.0 (0) | |
No | 73.0 (1) | |
Arrest is explicitly grounds for eviction | Absence of policy provision is less restrictive because a person can be wrongly arrested and not be guilty of engaging in criminal activity (2015 HUD policy memo stated that arrest should not be used to trigger eviction from public housing). | |
Yes | 36.8 (1) | |
No | 63.2 (0) | |
Testimony from rehabilitation centers can explicitly be used as evidence for eviction | Absence of policy provision is less restrictive because the provision enables the eviction of people with substance use disorders who are receiving treatment and might be no longer engaged in drug-related criminal activity. | |
Yes | 32.9 (1) | |
No | 67.1 (0) |
Note. HUD = US Department of Housing and Urban Development. The sample size was n = 152.
ACOPs that did not explicitly indicate the index date were coded as “conviction” because this is analogous to date of eviction being used as the index date for drug-related eviction from public housing according to federal law.
Scored as the sum of 9 possible events.