CRIMINAL BACKGROUND

SCREENING POLICY AND

PROCEDURES

HOUSING AUTHORITY OF THE CITY OF EL PASO - EP HOME, PFC - REVISED MARCH 2020
 Screening for Criminal Activity Policy
Purpose

Public and other federally-assisted housing is intended to provide a place to live and raise families--not a
place to commit crime, use or sell drugs, or terrorize neighbors. It is the intention of the Housing Authority
of the City of El Paso, Texas (“HACEP”) and its subsidiary, EP HOME, PFC, to fully endorse and
implement a policy which is designed to:

1. Create and maintain a safe and drug-free community;

2. Keep our residents free from threats to their personal and family safety;

3. Ensure that screening of applicants for and residents in HACEP’s housing programs are
administered fairly and in such a way as not to discriminate on the basis of race, color,
nationality, religion, age, sex, familial status, disability or other legally-protected groups,
and not to violate right to privacy;

Background

Federal Regulations establish that PHAs are responsible for screening family behavior and suitability for
tenancy. The resident selection criteria developed and implemented by PHAs to comply with this
mandate must be reasonably related to the individual attributes and behavior of an applicant. Relevant
information concerning the habits or practices to be considered include a history of criminal activity
involving drug- related activity, a pattern of alcohol abuse, crimes of physical violence, or other criminal
acts which could adversely affect the health, safety, or welfare of other residents.

For some categories of criminal activity, federal law dictates permanent bans and temporary bans for
others (discussed below). In most cases, denial is not mandatory. Instead, HUD gives PHAs and project
owners’ discretion in deciding whether to admit an applicant with a criminal record. Where PHAs and
project owners have discretion, HUD calls for an individualized review of applicants, focusing on the
concrete evidence of the seriousness and recentness of the criminal activity.

By engaging in a proper individualized review, housing providers give applicants the judgment and care
that tenant screenings require and federal law necessitates.

Definitions

Applicant: Includes heads of household as well as any other person seeking admission to assisted and
affordable housing.

“Currently engaging in”: With respect to behavior such as illegal use of a drug, other drug-related criminal
activity, currently engaging in means that the individual has engaged in the behavior recently enough to
justify a reasonable belief that the individual’s behavior is current. HACEP defines “current” as within the
last six (6) months.

Disqualifying Criminal Conduct: An arrest record can trigger an inquiry into whether there is sufficient
evidence to determine that a person engaged in disqualifying criminal conduct, but is not itself evidence
on which to base a determination. HACEP and/or EP HOME can utilize other evidence, such as police
reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to
assist them in making a determination that disqualifying conduct occurred. Reliable evidence of a
conviction for criminal conduct that would disqualify an individual for tenancy may also be the basis for
determining that the disqualifying conduct in fact occurred.

Drug: a controlled substance as provided for in federal criminal laws 21 U.S.C.A §802.
Drug-related criminal activity: the illegal manufacture, sale, distribution or use of a drug, or the possession
of a drug with intent to manufacture, sell, distribute or use the drug. (24 CFR 5.110).

Violent Criminal activity: As defined by HUD, includes any criminal activity that has as one of its elements
the use, attempted use, or threatened use of physical force substantial enough to cause, or be
reasonably likely to cause, serious bodily injury or property damage (24 CFR 5.100).

Key Regulations, Statute, and Policies

This section identifies key regulatory citations pertaining to screening for criminal activity.

 24 CFR 5.850- 5.852, 5.858 – 5.861, 5.901. 5.903, and 5.905 Termination of tenancy in
Screening and Eviction for Drug Abuse and other Criminal Activity (NOTE: These requirements
are not applicable to Rural Housing Service under Section 514 or Section 515 of the Housing Act
of 1949)

 7 CFR Part 3560 for Section 514 and 516 Farm Labor Housing: 3560.154(j) Criminal Activity
(making reference to denial of admission in accordance with provision of 24 CFR 5.854 – 5.857)

 24 CFR 960.203 Standards for PHA tenant selection criteria (Conventional Public Housing)

 24 CFR 960.204 Denial of admission for criminal activity or drug abuse by household members
(Conventional Public Housing)

 24 CFR 960.205 Drug use by applicants: Obtaining information from Drug Treatment facility.
(Conventional Public Housing)

 24 CFR 966.4 (l)(5) PHA termination of tenancy for criminal activity or alcohol abuse
(Conventional Public Housing

 24 CFR 982.307 Tenant screening (Housing Choice Voucher)

 24 CFR 982.310 Owner termination of tenancy (Housing Choice Voucher)

 24 CFR 982.553 Denial of admission and termination of assistance for criminals and alcohol
abusers (Housing Choice Voucher)

 HUD Notice PIH 2015-19 Guidance for Public Housing Agencies (PHAs) and Owners of
Federally- Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions

 HUD Notice H 2015-10 Guidance for Public Housing Agencies (PHAs) and Owners of Federally-
Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions

 FAQs for Notice PIH 2015-19 / H 2015-10 FAQs: Excluding the Use of Arrest Records in Housing
Decisions

 Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of
Criminal Records by Providers of Housing and Real Estate-Related Transactions

 HACEP Admissions and Continued Occupancy Policy (ACOP) Section 7. Applicant Screening
and Denial of Admission
  HACEP Administrative Plan for the Housing Choice Voucher Program (HCV) Part III 3-III-B.
Mandatory Denial of Assistance; 3-III.C, Other Permitted Reasons for Denial of Assistance; 3-
III.D Screening; 3-III.E. Criteria for Deciding to Deny Assistance

 HUD Occupancy Handbook Chapter 8-14 Drug Abuse and Other Criminal Activity

Screening Policy

On behalf of its subsidiaries, HACEP will perform criminal background screenings of applicants for
assisted housing, as well as annual criminal background screenings at the time of annual certification, if
applicable, as follows:

 Section 9 Conventional Public Housing Program: All applicants 10 years of age and older, to
include live-in aides seeking admission to EP HOME, PFC managed properties and housing
programs. The Admissions and Continued Occupancy Policy (ACOP) provides the complete
eligibility criteria.
 Project Based Rental Assistance Program: All applicants 10 years of age and older seeking
admission to EP HOME, PFC managed properties and housing programs. The Tenant Selection
Plan provides the complete eligibility criteria.
 Low-Income Housing Tax Credit Program: All applicants 10 years of age and older seeking
admission to EP HOME, PFC managed properties and housing programs. The Tenant Selection
Plan will provide further eligibility criteria.
 USDA Farm Labor, Affordable Housing, Section 202 and Market Rate Programs: All
applicants 10 years of age and older seeking admission to EP HOME, PFC managed properties.
The Tenant Selection Plans, and/or governing documents of the respective programs, will provide
further eligibility criteria.
 Housing Choice Voucher (“HCV”) Program: Persons 18 years of age and older seeking rental
assistance from the HCV Program. The HCV Administrative Plan will provide further eligibility
criteria.

Applicants will be required to sign an authorization for release of criminal history information at the
eligibility interview and residents will be required to sign the authorization at each annual
recertification as applicable.

Applicants will be required to disclose history of all arrests which resulted in convictions and/or are
currently pending resolution/disposition.

Law enforcement data bases, including county jail and court records, Texas Department of Public
Safety, and the National Sex Offender Registry will be used to obtain criminal history information.

Overview of Screening Process

There will be no presumption that an applicant with disqualifying criminal conduct and/or conviction
should be denied housing assistance. A record of disqualifying criminal conduct such as arrest(s) (without
convictions) may not be the basis for denying admissions, terminating assistance, or evicting residents.
Decisions to admit or deny applicants with disqualifying criminal conduct and/or convictions will be based
on an individualized review to include but is not limited to accurate information, and the opportunity to be
heard before denial of admission or eviction. Individual circumstances and the potential impact on health,
safety, welfare, and/or peaceful enjoyment of the premises by other residents will be considered in the
decision to admit or deny. HACEP will maintain procedures for implementing this policy, which will
include provisions for analyzing whether a housing applicant should be admitted or be subject to further
review.
In making the decision to deny admission or evict for disqualifying criminal conduct and/or conviction,
HACEP and EP HOME, PFC will consider mitigating circumstances including (but not limited to):

1) The seriousness of the disqualifying criminal conduct and/or conviction;

2) The recentness (amount of time that has passed) of the disqualifying criminal conduct and/or
conviction;
3) The age of the household member at the time of the offense;
4) The relationship between the disqualifying criminal conduct and/or conviction and the health,
safety, welfare, and/or peaceful enjoyment of the premises by other residents, HACEP and EP
HOME PFC staff, or property;
5) Evidence of rehabilitation, such as employment, participation in a job training program,
education, participation in a drug or alcohol treatment program, or recommendations from a
parole or probation officer, employer, teacher, social worker, or community leader; and
6) The effect a denial of admission will have on the household and the community.

If the criminal background screening reveals negative information about an applicant/resident and HACEP
or EP HOME, PFC proposes to deny admission or evict due to the negative information, a copy of the
criminal record will be provided to the applicant/resident. The applicant/resident will have an opportunity
to dispute the accuracy and relevance of the record. If the applicant/resident does not contact HACEP or
EP HOME, PFC within 14 calendar days of a determination, a written notice of ineligibility will be sent.

Eligibility Criteria

HACEP and/or EP HOME, PFC may consider allegations or arrests that did not result in convictions as
evidence of criminal activity.

Admission will be denied to a household as follows:

 If a household member is subject to a lifetime registration requirement under a state sex offender
program.
 If a household member has been convicted of manufacturing or producing methamphetamine on
the premises of federally-assisted housing.
 If a household member has been evicted from federally assisted housing for drug-related criminal
activity within the past 3 years.
 If a household member has been convicted in drug-related or violent criminal activity within the
past five years from the date of the eligibility interview.

The fact that an individual was arrested may not be grounds to deny admission or continued occupancy.
A record of an arrest may trigger an inquiry by HACEP and/or EP HOME, PFC, into whether a person
actually engaged in disqualifying criminal conduct. In determining whether a person who was arrested for
disqualifying criminal activity, EP HOME, PFC will consider, among other things; police reports that detail
the circumstances of the arrest; statements made by witnesses or by the applicant or tenant that are not
part of the police report; whether formal criminal charges were filed, and any other evidence relevant to
whether the applicant or tenant engaged in the disqualifying criminal activity.

An applicant/resident may be required to exclude a household member in order to be admitted to the

housing program (or continue to reside in the assisted unit),

Under certain circumstances and as allowed by federal regulations, HACEP may terminate the tenancy
and evict tenants for criminal activity by a resident if HACEP determines that the resident engaged in
criminal activity, regardless of whether the resident has been arrested or convicted for such activity and
without satisfying a criminal conviction standard of proof of the activity. Termination of tenancy in cases
where there is no arrest or conviction will be rare and only on approval by HACEP Legal Counsel, or
designee.
Other relevant policy requirements are located in the agency’s Admissions and Continued Occupancy
Policy, the HCV Administrative Plan, the Tenant Selection and Criteria Plans for each respective
community and/or Housing Program.

Criminal Background Screening Procedures

These procedures apply to persons seeking admission to housing and to persons joining a family member
who are currently participating in HACEP affordable housing programs, or residing in EP HOME, PFC’
managed properties. These procedures apply to all individuals who have engaged in disqualifying
criminal conduct, or who have convictions whether or not recently released from jail or prison. For
purposes of these procedures, the term “applicant” includes heads of household as well as any other
person who is seeking initial admission or to join an existing lease. For applicants joining existing
households, HACEP and EP HOME, PFC has discretion whether or not to add adult household members
if it will increase the required bedroom size for the household. The Admissions and Continued Occupancy
Policy, the HCV Administrative Plan, to include Tenant Selection and Criteria Plans, provides further
guidance to this regard.

Initial Screening

1. Screening Criteria Grid: Categories of Crimes and T i m e Periods for

Further Review

There are two steps in the screening process. The first identifies applicants who have engaged in
disqualifying criminal conduct or have a conviction that require Further Review. The second sets out the
methods and criteria to be used in that individualized Further Review process.

The following Screening Criteria Grid shall be used to analyze whether an applicant should be admitted
or subject to Further Review. Applicants with disqualifying criminal conduct and/or convictions not listed
in the Screening Criteria Grid are admissible for purposes of criminal background screening. Applicants
with disqualifying criminal conduct or convictions that fall in any of the categories described in the
Grid will be sent for Further Review following the procedures outlined below.

Applicants must have no history of misrepresenting information relative to eligibility, income, allowances,
family composition, or rent. Applicants must have no history in the past five years of disturbing
neighbors, destroying property, or negative living and housekeeping habits, at prior and/or current
residences.

For vulnerable homeless applicants from Continuum of Care Grants and the Veteran’s Affairs Supportive
Housing Program (“VASH”) and/or any other grants awarded to HACEP and its’ subsidiary, EP HOME,
PFC, the screening criteria with respect to criminal history shall focus on the federally mandated
exclusions of persons convicted of manufacturing methamphetamines on the premises of federally
assisted housing and persons required to register as sex offenders. Beyond these two criteria, a criminal
history shall not be used to exclude individuals so long as they are willing and able to refrain from violent
actions and drug- related criminal activity that would be a threat to others.

HACEP and its subsidiary, EP HOME, PFC may waive the criminal history requirement for applicants
participating in special programs targeting special needs populations such as homeless persons who
were formerly incarcerated, other homeless persons and families, veterans, and/or disabled persons.
Screening Criteria Grid
Regarding Federal and
State Crimes

Classification Outcome Further Review

Capital Felony/First Conviction Further Review warranted
Degree Felony/Class A if within 30 years of
Felony/Class B Felony conviction, release, or
termination of
parole/probation
Capital Felony/First Arrest/Dismissal Further Review warranted
Degree Felony/Class A if within 20 years of
Felony/Class B Felony arrest/dismissal of
Disqualifying Criminal
Conduct to determine if the
applicant is suitable for
tenancy
Second Degree Conviction Further Review warranted
Felony/Class C Felony if within 20 years of
conviction, release, or
termination of
parole/probation
Second Degree Arrest/Dismissal Further Review warranted
Felony/Class C Felony if within 10 years of
arrest/dismissal of
Disqualifying Criminal
Conduct to determine if the
applicant is suitable for
tenancy
Third Degree Felony/Class Conviction Further Review warranted
D Felony if within 7 years of
conviction, release, or
termination of
parole/probation
Third Degree Felony/Class Arrest/Dismissal Further Review warranted
D Felony if within 7 years of
arrest/dismissal of
Disqualifying Criminal
Conduct to determine if the
 applicant is suitable for
tenancy

State Jail Felony/Class E Conviction Further Review warranted

Felony if within 7 years of
conviction, release, or
termination of
parole/probation
State Jail Felony/Class E Arrest/Conviction Further Review warranted
Felony if within 7 years of
arrest/dismissal of
Disqualifying Criminal
Conduct to determine if the
applicant is suitable for
tenancy
Felony-Controlled Conviction Further Review warranted
Substance in Penalty if within 10 years of
Group 1-4 conviction, release, or
termination of
parole/probation
Felony-Controlled Arrest/Dismissal Further Review warranted
Substance in Penalty if within 7 years of
Group 1-4 arrest/dismissal of
Disqualifying Criminal
Conduct to determine if the
applicant is suitable for
tenancy

Crimes of Moral Turpitude Conviction Further Review warranted

to include but are not if within 10 years of
limited to the following: conviction, release, or
termination of
Theft; Theft of Service;
Fraud; Perjury; False parole/probation
Report to Police Officer or
Law Enforcement
Employee; Tampering with
Governmental Record;
Engaging in Organized
Criminal Activity; Violation
of Court Order; Public
Lewdness; Prostitution;
Promotion of Prostitution;
Obscenity; alcohol abuse;
Possession or Delivery of
Drug Paraphernalia, under
the Texas Health and
Safety Code; physical
injury or threats of physical
injury to a person

Crimes of Moral Turpitude Arrest/Dismissal Further Review warranted

to include but are not if within 7 years of
limited to the following: arrest/dismissal of
Disqualifying Criminal
Theft; Theft of Service;
Conduct to determine if the
Fraud; Perjury; False
Report to Police Officer or applicant is suitable for
Law Enforcement tenancy
Employee; Tampering with
Governmental Record;
Engaging in Organized
Criminal Activity; Violation
of Court Order; Public
Lewdness; Prostitution;
Promotion of Prostitution;
Obscenity; alcohol abuse;
Possession or Delivery of
Drug Paraphernalia, under
the Texas Health and
Safety Code; physical
injury or threats of physical
injury to a person

All Misdemeanors Conviction Further Review warranted

if within 10 years of
conviction, release, or
termination of probation
 All Misdemeanor Arrest/Dismissal Further Review warranted
if within 7 years of
arrest/dismissal of
Disqualifying Criminal
Conduct to determine if the
applicant is suitable for
tenancy

2. Rules to Apply the Screening Criteria Grid

The Time periods in the Screening Criteria Grid apply from the date of conviction or date of release
from detention or incarceration or termination of parole/probation, whichever is most recent, to the date
of the screening.

If an applicant has more than one conviction, the screener will apply the grid to each conviction.

Screening

HACEP and EP HOME, PFC has established a Screening Process. The Screening Process will be
used on background checks with criminal histories and will be reviewed by an Officer of the El Paso
Police Department to conduct criminal eligibility screenings. The police officer is independent of all
managed properties and affordable housing programs,

The police officer will then conduct an individualized assessment based on the totality of the
circumstances to determine whether the applicant should be admitted or denied admission. The Police
Officer will follow the procedures in this document and will forward recommendation to the requesting
entity. The applicant will be notified in writing that he or she was subject to the Screening and will be
sent a copy of the disqualifying criminal conduct and/or conviction information and a written notice
explaining the procedures of the Further Review Process. If applicable, their rights under the
Administrative Grievance Procedures, Admissions and Continued Occupancy Policy, the HCV
Administrative Plan, and/or Tenant Selection and Criteria Plans as it applies to the respective property
or affordable housing program should the applicant wish to contest the final determination of the
Screener. Applicants should follow those steps in further pursuing this avenue as outlined in this
document.

Further Review Panel

The Further Review Panel will consider all applicants equally and render decisions in a fair and
consistent manner. The applicant bears no burden of proof however, the applicant is invited to submit
the following for the Panel’s consideration;

Letter or comments from a probation/parole officer;

Letter or comments from a case worker, counselor, or therapist;
Certificates of treatment completion as relevant to the conduct underlying the conviction(s)
(e.g., batterers’ intervention, sex offender treatment, drug or alcohol treatment, cognitive
behavioral therapy);
Letter or comments from family members or others who know the applicant well;
Document from a community organization with which the applicant has been engaged;
Letter or comments from employers or teachers;
Certificate of completion of a training program;
Proof of employment;
 Other relevant documents;

Decision-Making Process and Available Decisions

The Further Review Panel (“Panel”) will review the applicant’s circumstances and other available
information, including any information the applicant chooses to bring to the Panel’s attention. After the
Panel reviews all relevant information, members will vote to grant or deny admission.

The Panel may consider any factors provided by the applicant(s), that they consider relevant. The Panel
will review those factors for relevance. For any denial based on a household member’s criminal
record, the Panel may permit the remaining household members to be admitted, after excluding the
denied family member.

The Panel will follow a majority rule to make a decision. The Panel will reach its decision on the day of
the Further Review, except when it lacks relevant information. The Panel shall render its decision as
soon as possible, but no more than 10 calendar days from the date of the Further Review. The
applicant will be notified in writing within five business days of the Panel’s decision. The notice shall
include a plain language statement of the reason for any adverse decision.

Conclusion

The overall objective of the HACEP and EP HOME PFC is to ensure that it is providing a safe place to
live and raise families and do everything in its power to prevent crime, the use of, or the selling of drugs
within its communities. This policy and/or procedure, may have not capture all relevant scenarios to be
considered in the screening and admissions process. Therefore, and in those cases where unforeseen
scenarios are surfaced, HACEP and EP HOME PFC will base its admissions approval or denial based on
the merits of the individual case, its history, and relevance as prescribed in the screening grid.