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Before a housing authority or subsidized landlord can deny your application for housing, they must give you an opportunity to challenge the accuracy or relevance of your criminal record. You can also be denied admission to state-funded housing programs for criminal activity which, if repeated, would threaten the rights of other tenants or housing authority employees to be secure in their persons or in their property.

If you are denied admission because you have engaged in certain crimes, such as prostitution or soliciting sex, you may be able to argue to the landlord that these are not crimes that threatened the health, safety, or peaceful enjoyment of tenants, neighbors, or employees.

Housing agencies and subsidized landlords may—but are not required to—deny you federally funded housing due to any drug-related or violent criminal activity, or any other criminal activity that may threaten the health, safety, or right to peaceful enjoyment of other residents, people living in the immediate vicinity; or employees of the housing agency or landlord. § 960.204(a)(2): A household member is "currently engaged in" illegal use of a drug if the person has engaged in the behavior recently enough to justify a reasonable belief that the behavior is current.

For state-funded public housing and MRVP and AHVP vouchers, a housing authority may presume that use of illegal drugs within the past 12 months demonstrates current use, unless you can persuade them that all use of illegal drugs has permanently stopped.

If you apply to federally funded housing, a housing agency or subsidized landlord must deny you assistance if it reasonably believes that you or any member of your household has a history of substance abuse that will interfere with the rights of other tenants.

If you are applying for subsidized multifamily housing which is funded through the state agency, Mass Housing (formerly Massachusetts Housing Finance Agency, MHFA), the owner or management company could reject your application if it appears that: Before a Mass Housing owner denies your application, the owner must consider whether the people who gave you negative references are biased against you in some way—for example, a former landlord is still angry with you because you called the board of health.

The owner must also consider how recent the information about you is, as well as whether there are any , that is, reasons why you should be given another chance to show that your behavior is different and better now than it was before. If you have a history of nonpayment of rent in private-market apartments, the Mass Housing owner must look at how much of your income you had to pay for rent and whether the Mass Housing subsidy would help your financial situation so that you would be able to afford the rent.