No Second Chance
People with Criminal Records Denied Access to Public Housing

   Acknowledgements

I. Summary

Methodology

II. Recommendations

To the U.S. Congress

To the U.S. Department of Housing and Urban Development

To Public Housing Authorities

To Publicly-Funded Legal Services Organizations

To the United Nations

III. Background

Mass Incarceration Policies

Lack of Affordable Housing

Barriers to Reentry and Housing

“Deserving” Tenants

IV. The Right to Adequate Housing

V. Federal “One Strike” Legislation

How Many Are Excluded?

VI. Public Safety

Homelessness: A Downward Spiral

No Home, No Family

VII. Exclusions Based on Local Policies

Arrests as Basis for Exclusion

One Mother’s Struggle for Housing

Minor, Non-Violent Offenses

The Consequences of Forging a Check

Excluding People with Criminal Records for Excessive Periods of Time

Discretionary Exclusion Periods

Whose Problem Is It?

Paying the Price

Lack of Individualized Review

What’s the Use in Appealing?

Challenging Automatic Exclusionary Criteria

VIII. Legislatively Mandated Categories of Exclusion from Public Housing

Denials Based on Evidence of Drug Use

“Sex Offenders”

Shamed to Death

Methamphetamine Manufacturers

IX. Screening People Out: “Felons Need Not Apply”

The Screening Process

The Cost of a Criminal Background Check

Less than Reliable Criminal Background Information

The Cost of Making a Mistake on a Housing Application

“A Criminal for the Rest of My Life?”

X. Arbitrary Denials and Discrimination

Arbitrary Exclusions

Discrimination

Racial Disparities in the Criminal Justice System

XI. Limited Right to Redress

Lack of Representation

Lack of Information from PHAs

Inadequate Time to Appeal

Giving Up

Too Many Denials

Too Little, Too Late

An Ineffective Process

Failure to Consider Mitigation or Rehabilitation

No Opportunity to Challenge a Denial

Access to the Courts

No Record on Appeal

XII. Conclusion

     Colophon

ISBN: 1564323285   November 2004