PIH Notice 2012-28: State Registered Lifetime Sex Offenders in Federally Assisted Housing

Summary:  HUD’s guidance (PIH Notice 2012-28) reiterates owners’ and agents’ (O/As) and Public Housing Agencies’ (PHAs) statutory- and regulatory-based responsibilities to prohibit admission to individuals subject to a lifetime registration requirement under a State sex offender registration program. If a participant who is subject to such a lifetime registration requirement was erroneously admitted into a federal housing program identified under Section II, below, and is found to be receiving housing assistance, O/As and PHAs must pursue eviction or termination of assistance for these participants. In addition, this Notice clarifies regulations concerning admissions and strongly recommends additional steps to prevent individuals subject to a lifetime registration requirement under a State sex offender registration program from receiving federal housing assistance.

Screening requirements for state registered lifetime sex offenders apply to O/As and PHAs administering the following rental assistance programs:

  • Section 202 Project Rental Assistance Contracts (PRAC)
  • Section 811 PRAC
  • Section 811 Project Rental Assistance (PRA) demonstration
  • Section 202/162 Project Assistance Contract (PAC)
  • Section 202/8 Section 202 Senior Preservation Rental Assistance Contracts (SPRACs)
  • Section 8 Project-based Section 236
  • Section 236 Rental Assistance Payment (RAP)
  • Section 221(d)(3) Below Market Interest Rate (BMIR)
  • Section 101 Rent Supplement Public Housing Tenant-based Housing Choice Voucher Project-based Certificate and Housing Choice Voucher Moderate Rehabilitation

Date of Publication:   June 11, 2012

View the notice here.

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