Note: The PHA will NOT consider your individual circumstances if: (1) you must register as a lifetime sex
offender in any state or (2) you have been convicted of manufacturing or producing methamphetamine in
federally assisted housing.
4. How do I present “mitigating” circumstances to the PHA?
• Letters of support are important to show the PHA that you will be a good tenant and will not commit
crimes in the future.
• You should gather letters from your parole or probation officer, teacher, employer, treatment program,
social worker, neighbor, or current or prior landlord. The letters should show that you are respectful
and responsible.
• The PHA will not give much credit to letters from a friend or family member.
• Once you reach the top of the wait list, the PHA will ask you to sign a release form so that it can do a
background check. You can submit letters of support at that point. You can also bring letters to the
informal hearing. (See question 6 below).
5. What if my criminal record is related to a mental or physical disability?
• You should ask the PHA to waive its admission criteria as a reasonable accommodation. A reasonable
accommodation is a change in policy or practice that is needed to allow a person with a disability to
access housing.
• You should show the PHA that…
o You have a disability;
o The disability is related to your criminal record; and
o You are doing everything you can to manage the disability.
• It is important to remember that past substance abuse can be a disability if you are in recovery.
6. The PHA told me that I do not qualify. What can I do?
• The PHA must send you a notice in writing, and the notice must explain the reasons that you are not
eligible.
• In addition, the PHA must give you a copy of the criminal background check it relied on. You should
check to make sure that the information in the background check is accurate.
• The notice is NOT the final word. You have a right to challenge the decision at an informal hearing.
Follow the instructions in the notice about how to request an informal hearing.
• The informal hearing is a chance for you to prove to the PHA that you will be a good tenant and not
commit crimes in the future. You can present letters of support and have witnesses speak about the
positive changes that you have made since your arrests or convictions.
• You have a right to bring an attorney or advocate to the informal hearing.
Note: Even if you are given a voucher, it could be hard to find a private landlord that will overlook your
criminal record. A private landlord may run its own background check and may be stricter than the PHA.
Oakland Housing Authority - www.oakha.org, 1619 Harrison Street, Oakland, CA, (510) 874-1500
Berkeley Housing Authority - www.ci.berkeley.ca.us/BHA, 1901 Fairview Street, Berkeley, CA, (510) 981-5470
Housing Authority of Alameda County - www.haca.net, 22941 Atherton Street, Hayward, CA, (510) 538-8876