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Updated Guidance on the Treatment of State Registered Lifetime Sex Offenders in Federally Assisted Housing

HUD has released Notice PIH 2012-28 “State Registered Lifetime Sex Offenders in Federally Assisted Housing.”  Please note that, although this notice was released under PIH, it still applies to many multifamily programs, which are listed below.  The Notice supersedes Notice H 2009-11 and Notice PIH 2009-35.

 

The guidance 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

 

A copy of the Notice may be found here: http://portal.hud.gov/huddoc/12-28pihn.pdf

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