Michigan Reentry Law Wiki

Housing: Subsidized Housing

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Self-Help Materials

Got a Record? Know Your Rights: Housing

Explains housing rights of people with criminal records, including information on subsidized housing.

Statutes and Regulations

42 U.S.C. §13661: Screening of Applicants for Federally Assisted Housing

42 U.S.C. §13662: Termination of Tenancy and Assistance for Illegal Drug Users and Alcohol Abusers in Federally Assisted Housing

24 C.F.R. §982.553: Denial of Admission and Termination of Assistance for Criminals and Alcohol Abusers

24 C.F.R. §5.850 et seq.: Preventing Crime in Federally Assisted Housing: Denying Admission and Terminating Tenancy for Criminal Activity of Alcohol Abuse

HUD H 2002 - 22 Screening and Eviction for Drug Abuse and Other Criminal Activity - Final Rule

Legal Summaries

An Affordable Home on Re-entry

Resource prepared by the National Housing Law Project, advocating for public housing authorities and private owners of federally assisted housing to adopt more flexible admission policies for people with criminal records.

Legal Action Center: Housing Law Affecting Individuals with Criminal Convictions

This summary describes the federal public housing laws that govern the admission and eviction of people with criminal histories into federally assisted housing.

Schaafsma: Criminal Activity Based Barriers to HUD Assisted Rental Housing

Overview of record-based barriers to subsidized housing.

Briefs and Pleadings

Sample Letter Regarding Denial of Admission to Section 8 Housing Based on Criminal Record

Answer: Public Housing

Motion to Dismiss based on due process and notice violations in case of eviction from public housing based on tenant's son's drug arrest.

Answer to Eviction of Sex Offender from Subsidized Housing

Sample answer to an eviction of a current tenant in subsidized housing who is being evicted for being on the sex offender registry.

Sample Letter Regarding Denial of Federally Assisted Housing for Possession of Medical Marijuana

This letter outlines the Michigan Medical Marijuana Act and advises that landlords with federally assistance are not required to evict tenants in violation of drug laws.

Memorandum for Reconsideration in MPHA v. Vann (Minn. Dist. Ct. 2009)
Court Decision in MPHA v. Vann

In MPHA v. Vann, the Minnesota Public Housing Authority was evicting a public housing tenant for possession of a small amount of marijuana a mile away from the property, with no allegations that the tenant had done anything wrong on the property. Federal statute allows for eviction for drug-related criminal activity on or off the property, with no geographic limitation. Possession of a small amount of marijuana is a petty misdemeanor, not a crime, under state law. The court granted judgment for the tenant, finding that Congress did not intend "drug-related criminal activity" to include non-criminal illegal activity.

Individuals not subject to a lifetime sex registration may be allowed to receive Section 8 vouchers and reside in government-subsidized housing. The sample letters below explain this exception.

Sample Letter Regarding Section 8 Voucher
Sample Letter Regarding Spouse's Section 8 Voucher
Sample Letter Regarding Eviction from Government-Subsidized Housing
Other pages in this section: General Information and Legal Outlines - Subsidized Housing - Housing for People with Sex Offenses

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