HUD Updates Guidance on Treatment of State-Registered Lifetime Sex Offenders

HUD recently released Notice PIH 2012-28 "State Registered Lifetime Sex Offenders in Federally Assisted Housing." Although this notice was released under the Public and Indian Housing Department, it still applies to many multifamily programs. The notice supersedes Notice H 2009-11 and Notice PIH 2009-35.

The guidance reiterates owners' and agents' 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 and is found to be receiving housing assistance, owners, agents, 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.