LeadingAge and 55 other organizations signed onto a National Fair Housing Alliance comment letter, sent to the Department of Housing and Urban Development (HUD) on January 11. The letter supports HUD’s proposal to remove criminal conviction restrictions for fair housing testers at affordable housing properties.

On October 31, 2023, HUD published in the Federal Register a notice of proposed rulemaking entitled “Removing Criminal Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs,” proposing to eliminate the tester restrictions for Fair Housing Initiatives Program (FHIP) grantees and for Fair Housing Assistance Program (FHAP) agencies.

Fair Housing testers take part in housing transactions (like applying for housing) to screen for discrimination. Current regulations forbid these entities from using these program funds for fair housing testing that involves testers with prior felony convictions or convictions of crimes involving fraud or perjury.

The LeadingAge-endorsed letter supports the proposal and urges HUD to allow Fair Housing Initiatives Programs (FHIP) and Fair Housing Assistance Program (FHAP) -funded agencies to establish their own qualifications for fair housing testers, providing them with the flexibility to tailor testing strategies based on the unique characteristics and challenges of their local housing markets.

HUD’s proposal is aligned with HUD’s broader efforts to eliminate barriers to housing for people with criminal convictions. LeadingAge is expecting additional proposed rulemaking from HUD soon for Multifamily Housing programs.