HUD Publishes Proposed Rule Addressing Criminal Convictions in Two Housing Programs

On October 31, HUD published a proposed rule titled “Removing Criminal Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs,” which removes prohibitions against individuals with certain criminal convictions in two programs. These programs, the Fair Housing Initiatives Program (FHIP) and Fair Housing Assistance Program (FHAP), provide money to non-profits (FHIP) or state and local governments (FHAP) to combat fair housing violations. One way these organizations pursue this mission is through “testing,” in which program representatives participate in the housing application processes to determine if housing organizations and providers violate fair housing laws during this process. HUD has barred people with felony, fraud, or perjury convictions from serving as these “testers.”

This proposed rule would no longer forbid FHIP and FHAP testers who have prior felony, fraud, or perjury convictions. The final rule outlines the ways in which this change aligns with HUD’s goals as well as the legal basis for this rule.

For more information, see the November 15 edition of The NAHRO Monitor or the proposed rule.