Low Income Housing With Eviction on Your Record: Public Housing, Vouchers, and Tax Credit Homes

Types of low income housing and who screens you

“Low income housing” covers several different programs, and the rules about evictions depend on which one you apply to.

• Public housing is owned and run by a local public housing agency (PHA). The PHA screens you under federal rules and its own written policy, often called the Admissions and Continued Occupancy Policy.
• Housing Choice Vouchers, often called Section 8, are run by a PHA too. The PHA decides whether you get a voucher, then a private landlord decides whether to rent to you. The PHA’s rules are in its Administrative Plan. Our Housing Choice Voucher program guide explains how vouchers work.
• Project-based Section 8 and other HUD-assisted buildings are privately owned. The owner screens you under a written tenant selection plan.
• Low-Income Housing Tax Credit (LIHTC) apartments are private buildings with income limits and capped rents. Owners set their own screening, within state and federal rules.

Because each agency and owner writes its own policy, you can ask to see it. A PHA’s admissions policy and administrative plan are public documents.

When federal law requires a denial

Federal rules for public housing, 24 CFR 960.204, and for vouchers, 24 CFR 982.553, require a PHA to deny admission for three years from the date of the eviction if a household member was evicted from federally assisted housing for drug-related criminal activity.

Even this rule has two exceptions. The PHA may admit the household if:

• the person who was evicted has completed a supervised drug rehabilitation program approved by the PHA, or
• the circumstances that led to the eviction no longer exist, for example because that person has died or is in prison and no longer in the household.

The same federal rules list a few other mandatory bars that are not about evictions, such as a lifetime sex offender registration requirement or a conviction for making methamphetamine in federally assisted housing. An eviction for unpaid rent, a lease dispute, or a private-market eviction is not on the mandatory list.

How housing authorities weigh other evictions

For evictions outside the mandatory bar, the decision is up to the agency’s policy. In the voucher program, 24 CFR 982.552 says a PHA may deny assistance if any household member was evicted from federally assisted housing in the last five years. For public housing, 24 CFR 960.203 lets PHAs look at your past performance in meeting financial obligations, especially rent, and at any record of disturbing neighbors or damaging property.

The same rules also tell agencies to look at the whole picture:

• Time, nature, and extent. Public housing rules say the PHA must consider how long ago the problem was, what it was, and how serious it was.
• Future conduct. PHAs may consider factors that suggest you will do well, such as rehabilitation or taking part in counseling or social services.
• All relevant circumstances. Voucher rules say a PHA may consider the seriousness of the case, the role of each family member, and the effect on family members who were not involved.
• Disability. PHAs may consider mitigating circumstances related to a family member’s disability, and decisions are subject to reasonable accommodation.

In practice, an eviction from a private apartment several years ago for unpaid rent during a job loss is very different from a recent eviction for serious lease violations. Many agencies only look back a set number of years. Ask the agency what its lookback period is before you apply.

Low income housing with eviction history, program by program

Owing money to a housing authority

An old balance can be a bigger problem than the eviction itself. Under 24 CFR 982.552, a PHA may deny a voucher if your family currently owes rent or other amounts to that PHA or to another PHA in connection with Section 8 or public housing.

If you owe a housing authority money:

1. Ask for a written statement of what you owe and what it is for.
2. Check it for errors. Damage charges and move-out fees are sometimes wrong or already paid.
3. Ask about a repayment agreement. Many PHAs will consider your application once you have a signed agreement and are making payments. Ask how their policy treats this.
4. Keep every receipt and bring copies when you apply.

Debts to private landlords work differently. They do not trigger the PHA debt rule, but they can show up on tenant screening and credit reports. Paying or settling them, and getting it in writing, can help with private owners.

Tax credit apartments and private subsidized buildings

LIHTC buildings are the largest source of new affordable rentals in the country. They have income limits tied to area median income, and rents are capped. HUD keeps a searchable LIHTC property database you can use to find buildings near you.

Because these are private owners, there is no federal rule that requires them to accept or reject applicants with evictions. Many use screening companies and set their own lookback periods. Federal tax law, 26 U.S.C. 42, does require these properties to not refuse a tenant just because the tenant holds a Section 8 voucher.

Smaller and nonprofit-owned buildings are often more flexible than large corporate ones. Call the leasing office, ask about its eviction policy before paying an application fee, and offer to explain what happened. For private-market options, see our guide to second chance apartments that accept evictions.

Disability, domestic violence, and special protections

Reasonable accommodation. If your eviction was connected to a disability, such as a mental health crisis or a hospital stay, you can ask the housing provider to make an exception to its screening rules as a reasonable accommodation. Explain the link between the disability and what happened, and what support you now have. HUD explains the process on its reasonable accommodations page.

Domestic violence. Under the Violence Against Women Act, covered housing providers cannot deny you admission because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. That includes an eviction caused by an abuser’s actions. See the federal rule at 24 CFR 5.2005 and tell the agency in writing.

Criminal records. HUD withdrew its 2016 guidance on criminal records and fair housing in 2025, so federal guidance in this area is in flux. Some states and cities have their own limits. A legal aid office can tell you what applies locally.

How do I appeal a housing denial?

You have the right to know why you were turned down and to respond.

• Vouchers: under 24 CFR 982.554, the PHA must give you prompt notice with a brief statement of reasons and tell you how to request an informal review. The review must be run by someone other than the person who made the decision, and you can object in writing or in person.
• Public housing: under 24 CFR 960.208, the PHA must promptly tell you the basis for the decision and offer an informal hearing if you request one within a reasonable time.

Deadlines to request a review are set in each agency’s policy and the denial letter, and they are often short. Ask for the review in writing right away and keep a copy. At the review, bring:

• proof the eviction was dismissed, settled, paid, or happened long ago;
• a letter from a current landlord, caseworker, employer, or counselor;
• proof of steady income or benefits;
• a signed repayment agreement for any money owed; and
• a short written statement about what happened and what has changed.

Free help is available. Legal Services Corporation can help you find your local legal aid office, and a HUD-approved housing counselor can help you prepare.

Rapid re-housing as a bridge

If an eviction has left you without a home, rapid re-housing may get you into an apartment faster than a waiting list. It is funded largely through HUD’s Emergency Solutions Grants and Continuum of Care programs and run by local nonprofits. Programs may help with a deposit, moving costs, some months of rent, and a case manager who knows landlords willing to rent after an eviction. How much help you get depends on local funding.

You usually reach rapid re-housing through your area’s coordinated entry system. Call 211 and say you are homeless or about to be. Ask to be assessed for rapid re-housing and to be put on public housing and voucher waiting lists at the same time. Our guide to immediate housing assistance for homeless people covers emergency shelter options too.

Strengthening your application

• Know what is on your record. Get your free credit reports at AnnualCreditReport.com and ask tenant screening companies for your file. Dispute anything wrong.
• Get the court outcome. If the case was dismissed or you won, get a copy of the court record. Some states let you seal eviction records.
• Be honest on the application. Leaving out an eviction that shows up later can be grounds for denial or termination.
• Attach a short explanation and supporting letters instead of waiting to be asked.
• Apply to many lists. Waiting lists open and close. Apply to every PHA and building you would live in.
• Keep your contact details current with every agency so you do not miss a letter.

What documents do I need to apply?

Expect to show photo ID, Social Security numbers for the people applying, proof of income for the last 30 days, and proof of where you live, plus any paper that shows the emergency itself. Our document checklist explains what counts for each item and what to do if something is missing. If you don't have everything yet, apply anyway and ask the office how long you have to bring the rest.

Your step-by-step plan

1. Find out why the eviction happened on paper: get the court record and any balance owed.
2. Read the policy of each housing authority or building you want to apply to, and ask about its lookback period.
3. Settle or set up payments on any money owed to a housing authority.
4. Gather letters and proof of what has changed since the eviction.
5. Apply to every open list, including public housing, vouchers, and tax credit buildings.
6. If denied, request a review in writing right away and call legal aid.
7. If you are homeless now, call 211 for rapid re-housing and shelter.

Related guides

• Second chance apartments that accept evictions
• Housing Choice Voucher program
• Housing help
• Churches that help with security deposit

Frequently asked questions

This guide is general information, not legal advice. Each housing authority and owner sets its own screening policy within federal rules. National Relief Program is an independent website and is not affiliated with HUD, any housing authority, or any government agency.