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| Topics and Issues | Background checks (71) |
In June 2023, HUD noted in its regulatory agenda that the Department will issue an NPRM later this year on background checks for testers under federal rules. Here,
HUD seeks to eliminate the tester restrictions for Fair Housing Initiatives Program (FHIP) grantees currently contained in 24 CFR 125.107(a), and for Fair Housing Assistance Program (FHAP) grantees currently contained in 24 CFR 115.311(b), which forbid FHIP and FHAP grantees from using fair housing testers with prior felony convictions or convictions of crimes involving fraud or perjury. HUD makes this proposal in accordance with Secretary Marcia Fudge’s April 12, 2022 Memorandum, Eliminating Barriers That May Unnecessarily Prevent Individuals with Criminal Histories from Participating in HUD Program, to make HUD’s programs as inclusive as possible for people with criminal records and to ensure that FHIP and FHAP grantees are able to fully investigate potentially discriminatory criminal background screening policies by using testers with actual criminal backgrounds.
HUD rules prevent testers from having certain types of criminal records.