1.3 Admission Preferences

Congress has now permanently repealed all former federal preferences for public housing. However, PHAs are still allowed to develop and implement local preferences, including residency preferences.1  Any such preferences should be consistent with the local area’s Consolidated Plan and be based upon local housing needs and priorities. Common preferences include those for domestic violence survivors, people experiencing homelessness, seniors, those with disabilities, and working families. If a preference for working families is given, this preference must be extended to families where the head (and spouse when applicable) are elderly or disabled.2

• 1But see Langlois v. Abington Hous. Auth., 207 F.3d 43 (1st Cir. 2002) (finding that local residency preference violated the Fair Housing Act under a disparate impact theory).
• 224 C.F.R. § 960.206(b)(2).