Housing Voucher Programs - Policy and Procedures Manual

a. Application Notification of Screening

Appropriate language is included in the Application informing applicants that a check or "screening" for criminal activities, alcohol abuse, and sex offenses will be performed and their participation may be denied if it is discovered that they or members of their household have engaged in such activity.

b. Consent Forms

Every applicant household is required to submit a signed Household, Income, Asset, and Expense Declaration (MSHDA 1890), signed by all adult household members, which authorizes any law enforcement agency to release their agency's criminal records. By executing the consent form, the adult household member(s) consent to the law enforcement agency releasing the information and for MSHDA to use the records to determine if denial of or admission to the program is warranted.

c. Confidentiality

MSHDA is permitted to use criminal records only to determine if an applicant or participant is eligible for the program.

The MSHDA contracted HA or staff may disclose the criminal records to officers or employees of MSHDA, or authorized representatives of MSHDA with a job-related need to access the information (such as a hearing officer conducting an Informal Review). MSHDA is not responsible for controlling access to or knowledge of such records after such disclosure.

Due to confidentiality, MSHDA staff and/or HAs cannot disclose specific detailed criminal record information to the owner/landlord. However, if the owner/landlord seeks a copy of the information from MSHDA, they may obtain a consent form signed by the household member; provide a copy of the owner/landlord's standards and criteria for prohibiting admission for eviction, for lease enforcement, and/or for terminations, whichever apply; and, the owner must certify that the record will be used in a judicial proceeding.

The penalty for requesting or obtaining information under false pretenses, improper use of, or for knowingly and willfully disclosing information to any individual not entitled under law to receive the information, is a misdemeanor crime and punishable by a fine up to $5,000.

Employee/Agent Confidentiality Requirements:All MSHDA contracted HA's have signed confidentiality agreements.Contracted HA's who abuse the screening system for personal benefit will have their contracts terminated. State employees who abuse the screening system and use the MSP data base for personal benefit will be appropriately disciplined per Michigan Department of Civil Service guidelines.

d. Standard for Denial of Admission

MSHDA denies admission to the program to applicants (and terminates assistance to participants) when MSHDA determines there is reasonable cause to believe that a household member is illegally using a drug, or the person abuses alcohol in a way that may interfere with the health, safety or right to peaceful enjoyment of a premises by other residents. Denial also includes, but is not limited to, instances where MSHDA determines there is a pattern of illegal use of a drug or a pattern of alcohol abuse; or that the applicant/participant or household member has been "engaged in or engaging in" violent criminal activity(See Definitions.)

The existence of the above-referenced behavior by any household member, regardless of the applicant's knowledge of the behavior, is grounds for denial of assistance. In evaluating evidence of past negative behavior, MSHDA gives fair consideration to the seriousness of the activity with respect to how it affects other residents, and/or likelihood of favorable conduct in the future, which is supported by evidence of rehabilitation. See Chapter V. Denials for information regarding mandatory and discretionary denial of applicants, and Chapter XIV. Terminations for information regarding mandatory and discretionary terminations of participants.

When a family is denied admittance to the program due to a criminal record, the family may reapply to the program after the time stated for the offense in the criminal record has expired and the appropriate county waiting list is open.

e. Screening Process

Initial Admissions:After a name is selected from a county waiting list, initial paperwork is requested. Once received at the MSHDA/HA office (i.e. ready to brief), designated MSHDA staff or assigned HA reviews the paperwork. If the applicant satisfies income eligibility requirements, the designated HA performs the criminal activity and lifetime sex offender registration screening for every adult member of the household using the following tools: ICHAT, SOR and OTIS. A completed Household Income, Asset, and Expense Declaration (MSHDA 1890) should be completed and signed by each adult member of the household prior to the ICHAT data base search.

To perform the screening, the designated HA compares the name, date of birth, sex, and race of the adult applicant and any adult (age 18 and older) members listed MSHDA 1890 against the ICHAT, SOR, and OTIS data bases. (HA or staff may request the Compliance Enforcement Coordinator to assist in verifying match information if there is a question or discrepancy as to MSHDA information and the data that appears with the screening tool.) If the criminal offense is for an item listed as one of the denials (see Chapter V. Denials), the MSHDA employee or contracted HA sends the applicant a MSHDA 1634b denying assistance and offering the applicant an opportunity to review and dispute incorrect information.

Annual Re-examination: At annual re-examinations, a current criminal activity screening must be conducted using the MDOC OTIS tool and MSP SOR tool for each adult member of the household. If a screening reveals criminal activity, follow the PPM, Chapter XV. Terminations to determine if the offense requires termination.

Interim Re-examination: Criminal activity and lifetime sex offender registration screenings using ICHAT, OTIS, and SOR are required for all new adult members of a household, including those who have reached adulthood since the last re-exam was conducted.If a screening reveals criminal activity, follow the PPM, Chapter V. Denials to determine if the offense requires denial.

Searches for criminal records in another state require direct contact with that state's criminal records repository. Contact the MSHDA Office of Housing Voucher Program Policy Specialist for assistance.

Designated MSHDA employees will perform the criminal screening for portability, fraud, and exception cases.

If the HA or staff person has reason to believe any assisted household member has engaged in criminal activity outside of a standard screening period, they may conduct an ICHAT, OTIS, or SOR Screening, or contact the MSHDA's Compliance Enforcement Coordinator for assistance.

No Screening Match:If there is no criminal screening match, the screener writes "screened, OK," and the current date on the first page of the MSHDA 1890 and continues with the applicant/participant briefing. The MSHDA 1890 with the screened notification is retained in the permanent non-purge section of the MSHDA file.

Screening Match/Notification of Denial: If a match occurs which indicates a criminal offense requiring a denial (mandatory or discretionary) from the Voucher program, or indicates the person is a registered lifetime sex offender, print the record and note the date and time. The HA reviews the information and mails a MSHDA 1634b denying the applicant or new family member participation in the program. A copy of the criminal record must be enclosed with the MSHDA 1634b. An additional copy of the criminal history and denial form must be mailed separately to the household member named in the criminal history if said household member is not the head of household. The applicant/family member has 10 days to provide additional information to dispute the information if they believe an inaccurate record exists or request an Informal Review. Upon receipt and review of that information, the HA forwards the Informal Review request to their assigned Resource Specialist. If the dispute does not resolve the reason for the program denial, the HA should proceed with the informal review process.

If no paperwork is received from the tenant or household member to dispute the match, the household's file is closed. Individuals may reapply for the HCV program once the required amount of time has passed for the criminal offense that resulted in the program denial (assuming the appropriate county waiting list is open), unless the offense requires registration as a lifetime sex offender.

If any household member is subject to a lifetime sex offender registration, they are NOT eligible for HCV rental assistance. If the household member subject to lifetime registration is not the head of household, and that denied household member permanently leaves the household, the rest of the household may be eligible for assistance. The family and landlord must sign the Disapproved Household Member(s) Addendum (MSHDA 1636) certifying that the denied member cannot reside in the assisted unit. If the denied member returns to the household, the household’s assistance is denied/terminated. If the denied member is the sole household member, their name must be removed from the waiting list.

f. Record Maintenance

Copies of initial screening reports (including initial screenings conducted for additions of adult household members to the household at a later time) and any other pertinent information regarding the screening reports will be destroyed once the purpose for which the record was requested has been accomplished including expiration of the period for filing a challenge to the PHA action. A copy of the first and last page of the MSHDA 1890 that has been used for recording criminal screening information prior to this policy change will be kept in the permanent section of the file. If necessary, criminal record information needed for appeals or special litigation should be kept until the purpose for which the record was requested has been accomplished, and then destroyed.