Q. We are trying to find low-income housing for my mother. Every place has a wait list and I’ve heard you can’t even apply for a Section 8 voucher. Do you have any options?
A. There is a difference between low-income housing, or HUD (Housing and Urban Development) Housing and Section 8, now called Housing Choice Voucher (HCV.) Low-income housing means you must be below a certain income to live there. Subsidized housing includes the Housing Choice Voucher (HCV), and Project Based Vouchers (PBV.) In subsidized housing, a family typically pays around 30% of their household income for rent. The HCV is associated with the individual, and once someone qualifies, they can use the voucher wherever it is accepted. Project Based Vouchers are associated with the apartment, so individuals must qualify at the particular apartment complex, and it is not a subsidy that follows them if they move. Low-income housing might or might not be subsidized, and many complexes have a mix of programs.
You are correct the HCV is not available right now, and most counties in Michigan have closed waiting lists, as well. Unless you meet HUD’s criteria for homelessness, basically living on the street or in an emergency shelter, you cannot even apply for waiting list preference. Apartment complexes can have PBV available, when units are available, but it is true most places have waiting lists.
Looking for affordable housing can take some time. So, apply before you need to move, and get on the waiting list of any apartment complexes that you might be interested in. Once on a waiting list, it’s a good idea to check back with the complex periodically. Make note of any documentation the apartments require such as current Michigan ID/Driver’s License, social security card, birth certificate, bank statements, etc. Having these documents ready can make the process smoother.
You can find a complete listing of options online at www.michiganhousinglocator.com, or call Region IV Area Agency on Aging’s Info line for assistance at 800-654-2810.
Q. I’ve had problems getting housing due to my criminal record, but a friend told me it has been a long enough period of time that I can get these erased. Is this true?
A. What you refer to is known as expungement, when a record is expunged, or set aside, and no longer is accessible to public records so employers and others cannot locate them, although records remain accessible to law enforcement. Expungement has always been available in Michigan, under certain circumstances, although some offenses could not be expunged or set-aside including murder, criminal sexual conduct, or any traffic offense.
In 2021, The Clean Slate Act went into effect which expanded the types and number of offences that can be expunged. These expansions include eligibility for up to three felonies and unlimited misdemeanors, but still exclude certain assault or weapons offenses and felonies that carry a maximum sentence of life in prison.
Only in limited cases do HUD statutes and regulations require denial of admission or termination of housing assistance. Before a public housing authority (PHA) denies admission to the public housing or Section 8 program due to criminal record, the PHA must notify the applicant of the proposed decision, provide the applicant with a copy of the criminal record in question, and give an opportunity for applicant to dispute the accuracy and relevance of that record.
Expungement applications can be found in the “Applications & Checklists” section on the Michigan Attorney General’s expungement website, noted below. There is no fee to file but there are other fees included in the process. Read application questions carefully and answer honestly. Failure to disclose an arrest/conviction if asked on an application is grounds for denial, regardless of the offense. Many individuals file applications on their own, or you can use an attorney. Additionally, there are Expungement Fairs held throughout the state to assist individuals in applying. One fair upcoming in our area is on May 13, 10am – 3pm, at the Salvation Army Kroc Center in Grand Rapids. Currently, the entire expungement process can take up to 8 months to complete. For more information, go to www.michigan.gov/ag/initiatives/expungement-assistance or call 517-335-7622.