What Disqualifies You from Public Housing in Virginia?

If you’re struggling to afford rent in Virginia and applying for public housing, you might assume the biggest hurdle is waiting too long. But the real roadblock for many isn’t the waitlist-it’s something they didn’t even realize would count against them. People get turned down for reasons they never expected: a past eviction, a minor drug offense from years ago, or even a family member’s criminal record. The truth is, public housing in Virginia doesn’t just look at your income. It digs into your history-and some of those rules are stricter than you think.

Income Limits Are Just the Starting Point

Before you even get to your background check, you have to meet income limits. In Virginia, most public housing programs follow HUD guidelines. For a family of four in most counties, your annual income must be below 50% of the Area Median Income (AMI). In 2025, that’s about $49,000. In high-cost areas like Northern Virginia, it’s closer to $62,000. But here’s the catch: even if you’re under the limit, you’re not guaranteed a spot. Income is just the first box to check. If you’re over it-even by a few hundred dollars-you’re automatically disqualified.

Some applicants think if they get a raise or a bonus, they can still qualify. That’s not true. The housing authority checks your income at the time of application and again before you move in. A single paycheck that pushes you over the line can cancel your approval.

Criminal Records: Not All Offenses Are Equal

Many people assume a criminal record means automatic disqualification. It doesn’t-but it’s one of the most misunderstood rules. Virginia public housing authorities can deny you if you’ve been convicted of certain crimes, especially those involving drugs or violence. But they don’t look at every arrest. They look at convictions.

Here’s what actually blocks you:

• Manufacturing or distributing methamphetamine on federal property
• Being required to register as a sex offender
• Recent drug-related convictions (within the last 5 years)
• Violent crimes like assault, robbery, or arson

What doesn’t automatically disqualify you? Petty theft from 10 years ago. A DUI from 2018. A misdemeanor for trespassing. These aren’t automatic bars. But here’s the twist: even if your conviction isn’t on the federal ban list, the local housing authority still has discretion. They can look at the nature of the crime, when it happened, and whether you’ve shown rehabilitation.

One applicant in Richmond was denied because he was convicted of possession of marijuana in 2022. Even though Virginia legalized recreational use in 2021, his conviction still counted because it happened before the law changed. He had to wait five years from his conviction date to reapply.

Evictions and Lease Violations Are a Big Deal

Getting evicted from any rental property-even a private one-can disqualify you from public housing in Virginia. Housing authorities check eviction records through state databases and tenant screening services. If you were evicted for nonpayment of rent, property damage, or violating lease terms, you’re likely flagged.

But it’s not just about being evicted. Even if you left voluntarily after an eviction notice, it still counts. One woman in Norfolk applied for housing after moving out of her apartment because she couldn’t pay the last month’s rent. She thought she was fine because she didn’t get forcibly removed. But the landlord filed an eviction, and the housing authority found it. She was denied.

Lease violations matter too. If you had repeated noise complaints, unauthorized occupants, or illegal activity in your unit-even if you weren’t convicted-you can be denied. Housing authorities treat these as red flags for future problems.

Immigration Status Matters

Only U.S. citizens and certain eligible noncitizens can qualify for public housing in Virginia. Eligible noncitizens include:

• Lawful permanent residents (green card holders)
• Refugees and asylees
• Victims of trafficking with T-visas
• Conditional permanent residents

If you’re on a student visa, H-1B, or have no legal status, you’re not eligible-even if you’ve lived in Virginia for 20 years and pay taxes. This rule is federal, so Virginia housing authorities don’t have flexibility here.

One common mistake? Thinking that having a U.S.-born child makes you eligible. It doesn’t. The program is based on the applicant’s status, not their children’s. A mother with three American-born kids was denied because she was undocumented. Her children could qualify if they applied on their own once they turned 18, but she couldn’t be listed on the application.

Family Members Can Affect Your Application

Public housing applications aren’t just about you. They’re about your household. If someone living with you has a disqualifying record, it can block your application-even if you had nothing to do with it.

For example:

• Your adult son was convicted of drug trafficking in 2023. Even if he doesn’t live with you now, if he’s listed as a household member on your application, you’re denied.
• Your partner has a pending eviction case. Even if you’re the one applying, the housing authority can reject you because of their record.
• Your elderly parent, who you’re helping support, is on a sex offender registry. That’s a hard no.

Some applicants don’t realize they need to disclose everyone who might live with them-even if they’re not on the lease yet. If you say your niece will move in later, but she has a criminal record, you’re still at risk.

There’s one exception: if the person with the disqualifying record is under 18, they’re usually not held against you. But once they turn 18, the rules change.

Failure to Provide Accurate Information

One of the fastest ways to get disqualified is lying-or even just being vague. Housing authorities run background checks, verify income with employers and tax agencies, and cross-reference your application with state databases. If they find a mismatch, your application is denied immediately.

Examples of what counts as misrepresentation:

• Not reporting cash income from a side job
• Claiming you don’t live with someone who actually does
• Using a fake address to qualify for a different county’s lower income limits
• Not disclosing a prior eviction

Even small omissions can be treated as fraud. One applicant in Lynchburg didn’t mention that his brother had been evicted from public housing three years earlier. He thought it didn’t matter because his brother wasn’t applying. The housing authority found it anyway. His application was rejected, and he was banned from reapplying for a year.

What You Can Do If You’re Denied

Being denied doesn’t mean you’re out forever. You have the right to appeal. Most Virginia housing authorities have a formal appeals process. You’ll get a written notice explaining why you were denied. That notice should also tell you how to request a hearing.

At the hearing, you can:

• Provide proof of rehabilitation (like completing a drug program)
• Submit character references
• Explain why a past conviction doesn’t reflect who you are now
• Ask for a waiver if the disqualifying issue is outdated

Some housing authorities offer second chances. In Fairfax County, if you’ve been clean for five years and completed a housing readiness course, you can reapply even after a drug conviction. In Roanoke, they’ll consider applicants with past evictions if they’ve paid back all owed rent and have stable income for 12 months.

Don’t assume denial is final. Get help from a legal aid organization. Many offer free advice for public housing applicants. They can help you understand your rights and build a stronger appeal.

What to Do Next

If you’re unsure whether you qualify, don’t guess. Contact your local Public Housing Authority (PHA) directly. Each county or city in Virginia has its own office. Ask them:

• What are the current income limits for my household size?
• Do you have a waiting list open?
• What specific offenses or records disqualify applicants?
• Can I get a pre-screening to check my eligibility?

Many PHAs now offer online pre-screening tools. Use them. They won’t guarantee approval, but they’ll tell you if you’re even in the running.

And if you’re not eligible yet? Start fixing what you can. Pay off old debts. Complete community service. Get your GED. Document your efforts. These won’t erase a past conviction, but they can help your case when you reapply.

Public housing in Virginia isn’t easy to get. But it’s not impossible either. The people who succeed are the ones who know the rules-and don’t wait until the last minute to learn them.