(a) PHA option.
(1) The PHA has no responsibility or liability to the owner or any other person for the family's behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for tenancy and may deny admission to an applicant based on such screening.
(2) The PHA must conduct any such screening of applicants in accordance with policies stated in the PHA administrative plan.
(b) Owner responsibility.
(1) The owner is responsible for screening and selection of the family to occupy the owner's unit.
(2) The owner is responsible for screening of families on the basis of their tenancy histories. An owner may consider a family's background with respect to such factors as:
(i) Payment of rent and utility bills;
(ii) Caring for a unit and premises;
(iii) Respecting the rights of other residents to the peaceful enjoyment of their housing;
(iv) Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and
(v) Compliance with other essential conditions of tenancy;
(c) Providing tenant information to owner.
(1) The PHA must give the owner:
(i) The family's current and prior address (as shown in the PHA records); and
(ii) The name and address (if known to the PHA) of the landlord at the family's current and any prior address.
(2) When a family wants to lease a dwelling unit, the PHA may offer the owner other information in the PHA possession about the family, including information about the tenancy history of family members or about drug trafficking and criminal activity by family members.
(3) The PHA must give the family a description of the PHA policy on providing information to owners.
(4) The PHA policy must provide that the PHA will give the same types of information to all owners.
(d) The protections for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L, apply to tenant screening.
[70 FR 59913, Oct. 13, 2005, as amended at 73 FR 72345, Nov. 28, 2008; 75 FR 66264, Oct. 27, 2010; 81 FR 80818, Nov. 16, 2016]