Keeping your voucher after a drug case
The federal three-year drug bar ends when rehabilitation is complete — here is how to prove it.
Why this matters
A housing authority may look back at drug-related activity, but federal rules require it to stop treating you as barred once you have completed a supervised rehabilitation program or the circumstances no longer exist.
Every other criminal-history ground is discretionary with the Public Housing Authority under 24 C.F.R. § 5.855–5.856; the PHA may consider mitigating circumstances, rehabilitation and time elapsed.
What the document does
- Collects the proof the housing authority is required to consider: treatment completion, aftercare, clean screens, work or school, and community letters.
- Formats it as a packet addressed to the housing authority requesting a stay of termination.
- Names the exact federal regulation that makes the bar liftable rather than permanent.
The law where you are — Florida
- Rehabilitation safe harbor
- 24 C.F.R. § 5.854(a)(1)
- Housing authority discretion
- 24 C.F.R. §§ 5.854–5.856
- Juvenile records in your state
- Fla. Stat. ch. 985 (juvenile adjudications are not criminal convictions)
These citations change automatically with the jurisdiction selected in the header.
Answering the background questions
“Has any household member used illegal drugs in the past three years?”
Answer truthfully, then immediately add: "Rehabilitation has been completed — see the attached 24 C.F.R. § 5.854(a)(1) packet."
Lying on a housing form is itself a ground for termination. The regulation exists precisely so that a truthful answer plus proof of rehabilitation cannot be used as an automatic bar.
“Have you ever been evicted or terminated from assisted housing?”
Answer yes if it happened, and attach the outcome — a stay, a reinstatement or a repayment agreement.
Screeners weigh the outcome. An unexplained yes is read as the worst possible version of the story.
Be careful
- • Only two criminal-history grounds are mandatory federal bans; everything else is the housing authority's discretion.
- • Never miss the deadline printed on the termination notice — the right to an informal hearing is usually lost after it passes.
This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Always follow the advice of the lawyer on your case.
What these court words mean
- First morning court hearing(court word: Arraignment / initial appearance)
- The first short hearing, usually within 24-48 hours of the arrest, where a judge sets release conditions.
- Released on a promise to return (no bail cost)(court word: Release on recognizance (ROR))
- The person goes home without paying anything, on their written promise to come back to every court date.
- Bail bondsman fee (usually 10%, not refundable)(court word: Surety bond)
- You pay a company a fee to post the bail. You do not get that fee back, even if the case is dropped.
- Request to drop charges form(court word: Affidavit of non-prosecution)
- A statement asking the prosecutor to drop the case. The prosecutor decides — it is not automatic.
- Missed-court arrest order(court word: Capias / bench warrant)
- A judge's order to arrest someone who did not show up for court.
- Strict stay-away rule(court word: No-contact order)
- A court rule banning calls, texts, messages passed through other people, and social media contact.
- Court check-in program(court word: Pre-trial services)
- Staff who check in with the person and remind them about court while the case is open.
- Free court-appointed lawyer(court word: Public defender)
- The lawyer the court assigns when someone cannot afford to hire one.
- The court's list of cases for that morning(court word: Docket / docket call)
- Your person's name is called from that list; arrive early and stay in the courtroom.
This information helps you navigate court administrative steps and does not constitute legal representation or advice. This is general information, not legal advice, and using these tools does not create an attorney-client relationship. Verify every date, rule and dollar figure with the defense attorney of record and the clerk of court before you act.