HUD Secretary Fudge Outlines Actions to Address Housing Needs of People Returning from the Criminal-Legal System

HUD Secretary Marcia Fudge sent a letter on June 23 to entities participating in various HUD programs emphasizing that people returning to the community from the criminal-legal system who are at risk of homelessness are among the populations eligible for Emergency Housing Voucher (EHV) assistance. The letter was sent to public housing agencies (PHAs), Continuums of Care (CoCs), private owners of HUD-assisted Multifamily properties, and HUD grantees. Secretary Fudge encourages these entities to ensure that eligible returning people are considered for EHVs. The American Rescue Plan provides $5 billion for 70,000 EHVs (see Memo 5/10, 5/17, 6/14, and 6/21).

Secretary Fudge stated that she and President Biden believe that everyone deserves a second chance and a stable home from which to rebuild their lives and that no person should exit a prison or jail only to wind up on the streets. Addressing reentry housing needs furthers the Biden administration’s commitment to advancing equity and reversing systemic racism, given the racial disparities evident in the criminal justice system.

Secretary Fudge writes that it is a HUD priority to ensure that people leaving prisons and jails are supported in their reentry to the community. Research shows that people who lack stable housing following incarceration face a higher likelihood of rearrest and reincarceration. A stable home can serve as the foundation upon which returning people can rebuild their lives, obtain employment, improve their health, and achieve recovery.

The letter notes that a significant number of people experiencing homelessness are caught in a revolving door between homelessness and reincarceration. In some communities, the lack of stable housing can also delay a person’s approval for discretionary release from prison, leading people to serve more time behind bars than those with stable housing.

Notice PIH 2021-15 implementing the EHV program makes clear that people exiting prisons and jails who are at risk of homelessness due to their low income and lack of sufficient resources or social supports are eligible for EHVs. HUD strongly encourages PHAs to work with their CoC partners to ensure that individuals who are at risk of homelessness after leaving prisons or jails are considered for these vouchers.

In the coming weeks, HUD will provide further tools and guidance to assist private landlords, PHAs, and Multifamily housing owners to ensure that their applicant screening and tenant selection practices avoid unnecessarily overbroad denial of housing to applicants on the basis of criminal records that could lead to Fair Housing Act violations, consistent with the 2016 memo on disparate impact and criminal records.

Read Secretary Fudge’s letter at: https://bit.ly/3qk1AhY

More information about the EHV program is on a special HUD EHV website at: https://www.hud.gov/ehv