How to Find Housing as a Registered Person

YOUR LIFE ON THE LIST CHAPTER 3:
THE ONCE FALLEN FINDING HOUSING GUIDE
A Guide by Derek W. Logue
Last update: 8 Nov. 2025

NOTES: This page contains most of the same information as my nook, Your Life on The List, Edition 2025. This page DOES NOT contain actual housing lieads; it contains tips on how to find housing. If you are trying to seek direct housing leads, see the following pages:

CLICK HERE TO ACCESS THE HOUSING LIST FOR STATES A-M
(ALABAMA TO MONTANA)

CLICK HERE TO ACCESS THE HOUSING LIST FOR STATES N-Z
(NEBRASKA TO WYOMING)

FINDING HOUSING: INTRODUCTION

Housing is a basic need to survive, but for RPs, housing is difficult to find even under the best of circumstances.

When I was incarcerated, Alabama’s law stipulated that anyone failing to obtain a legal residence upon their release date were to be charged for FTR. Over the course of a year, I had written about 70 transitional housing programs, mostly to no avail. I found a program in SW Ohio five days before my 2003 release date and went from Alabama to Ohio with help from the Catholic Church. I stayed in a heavily-religious program for almost a full year, but ended up staying in homeless shelters or slept on the street for about five months. I had obtained a job and found a sleeping room for $150 per month in 2004 (amazingly, it was the first place I had called). Two years later, the state determined the apartment was too close to a GED school (Ohio has a 1000 foot residency restriction law), and I called 131 apartments over a period of seven months before I stumbled upon an apartment complex during an afternoon walk. Fortunately, the landlord had a son on the registry. I lived in that apartment and took in a non-Registrant roommate.

I moved back to Alabama in 2009 to live with my girlfriend. Because my girlfriend had a child from her second marriage, I could not legally live with her, but we found a nearby apartment complex that had a reputation as an “S.O. House.” But when my mother passed away and I split with my girlfriend, I returned to Ohio as my roommate never replaced me so my old room was available. In 2014, the apartment building was sold and the entire block was gentrified; I had to find a new apartment. Thankfully, in 2011, the Ohio Supreme Court determined that residency restrictions were punitive and cannot be applied to anyone convicted before July 31, 2003. I no longer had to abide by the 1000 foot rule, so when I needed new housing in 2014, it only took four weeks and 34 calls to find three apartments. In 2019, my apartment was damaged by a fire; as of 2020, I’m staying in the home of a fellow activist in rural Nebraska, outside any incorporated area that may have 500 foot restrictions. In short, I’ve experienced plenty of housing struggles.

Unfortunately, housing options are very limited especially in areas with strict residency restriction laws. Even in areas not enforcing residency restrictions, few people are willing to rent to those on the registries, as noted in my own study on obtaining housing in 2006. The majority of states have residency, proximity, and/or work restriction law in place, and these laws are seeing resurgences after years without new restrictions. Also note that those required to register for life are barred from obtaining Section 8 Housing (see the Welfare chapter for details). Housing has also gotten more expensive since the housing bubble burst in 2008 leading to the “great recession,” which caused more people seeking to rent rather than own; with an increase of demand for rental properties caused an increase in rent prices.

A survey conducted by Lynn Clark of the University of Akron, published in the Federal Probation Journal (Vol. 1, #1, June 2007), found that only 14.4% of landlords in Akron (pop. 209k in 2007) were willing to rent to a person convicted of a sexual offense. By contrast, 53.4% stated they would house “any criminal,” 41.4% (193 of 470) would house a domestic violence offender, 31.1% would house a drug possession offender or assault offender, and 13.6% would rent to someone convicted of selling drugs. At the time, Akron was experiencing a “buyer’s market”, a market where the supply of housing far exceeded the demand for housing. Akron’s vacancy rate was 16%, far higher than what is considered a healthy rate of 3%-5%. The foreclosure rate was 7%, and foreclosed properties are often converted into rental properties.., Akron was considered a “seller’s market” in 2023 with a population of 189k, around 20k less than in 2007.

Despite the population and housing woes, there were few options for RPs seeking housing in Akron. As of September 2023, there were 983 Registrants in Akron; only seven were officially listed as “homeless” with another nine listed as “non-mappable.” Registrants could be couch-surfing, staying at a temporary shelter, or even locked up in the county jail. Thus, reviewing the registry may be underestimating homelessness among registrants in Akron. I chose Akron for this discussion because it was the site of the most recent study I could find online. I believe this problem is similar in other states.

Obviously, residency restrictions can increase the likelihood of homelessness, and municipal ordinances can exacerbate an already difficult task. According to Florida’s Office of Program Policy Analysis and Government Accountability (OPPAGA), there were 166 local residence restrictions in 48 Florida counties, including 29 county and 137 municipal ordinances in November 2018. The FL county sheriffs who were surveyed in the 2018 OPPAGA report reported the most common barriers tom finding permanent housing for RPs were residency restriction laws (67%), property managers unwilling to rent to RPs (45%), lack of affordable housing (29%), lack of employment and income (24%), and lack of transportation (16%). About 6% of Florida’s registrants (1727 of 28,845) were homeless in November 2018. But in a subsequent report released in 2021, the OPPAGA noted that numbers varied greatly by county; some reported no transient Registrants, while the two counties with the greatest restrictions (2500 feet) had the highest number of homeless RPs – Miami-Dade (28.2%) and Broward (27.6%).

The good news is that there are ways to find housing. I won’t lie to you and pretend it is a cakewalk; the statistics I provided makes that point obvious. Most prisoners soon to be released may need a transitional program; specific housing leads will be listed by state in Appendix 2 of this guide and on the OnceFallen.com website. The bad news is you’ll likely experience a lot of housing discrimination while searching for a new home and some people will not respond kindly when asked if they would be willing to rent to a Registrant, even in areas where residency restrictions do not apply.

HOUSE HUNTING TIPS

TIP #1: TALK TO THE REGISTRY OFFICE – BETTER SAFE THAN SORRY

This guidebook contains the laws at the state level, but if you are conducting research on local ordinances that may impact you, you might find them on websites like ecode360.com or library.municode.com or the municipality or county website. Both ecode360 and Municode sites allow for keyword searches; because terminology often varies, you may have to type in multiple terms like “sex”, “offender”, or “predator” to find ordinances related to restrictions.

It is, however, quicker and easier to simply check with the local registration office before you even start looking for a home especially if you are moving to a new community, because sometimes cities, townships, or counties have residency laws that differ from the laws imposed by the state that may not be updated on these municipal code websites. A five minute call may save you a lot more headache during your house hunt later.

(Non-book note: I am in the process of creating spreadsheets of local-level ordinances. However, it is a monumental task, and the laws change frequently. However, the databases cover most of the current restrictions in Florida, Texas, Wisconsin, Nebraska, and Maine, along with links to other similar projects. The link to my Local-Level Ordinances page is: https://oncefallen.com/local-level-ordinances/)

TIP #2: FINDING HOUSING LEADS

In the years since I began seeking housing lists, agencies that interact with RPs have increased awareness of the special challenges of finding housing for RPs and are starting to make note of programs for Registrants. Here are a few places you might be able to find local housing leads:

Local charities: Churches, community action agencies, homeless shelters or coalitions, and even food banks often have housing lists for low-income agencies, and some may list housing specific to Registrants.
Law Enforcement/Registry offices: Sometimes, local registry offices may have a lead or two. Your state’s Dept. of Corrections website may have a list of programs. Many of the lists on the DoC sites are online. Georgia’s list is “THOR,” for example.)
The Internet: If you do a search on “sex offender housing [your city],” you might find some lists. Many renters post on Craigslist.org because it is free and Craigslist can show rentals on a map. Since no one is going to advertise that they rent to RPs (though some will definitely state “No SOs), I suggest maintaining a list of phone numbers of everyone you called. Some renters own numerous properties so a list will keep you from wasting your time with repeat rejections from the same renter.

TIP #3: USING THE REGISTRY TO YOUR ADVANTAGE

It seems ironic to suggest visiting a public registry website, but websites that have mapping software like Family Watchdog may assist you by showing where RPs live in a community. These silly maps with the red dots may help give you an idea where to focus your search, especially in an urban environment. You could then use the Craigslist.org housing listings map or similar website to find housing.

TIP #4: DON’T GET DISCOURAGED AND BE PATIENT

Finding a place to live is like finding a needle in a haystack, so expect a lot of rejection, especially in places with residence restrictions. There are people willing to rent to you out there, but finding them is a tedious process. If you can’t handle the rejection yourself, pay someone you know a few bucks to make the calls for you. You have to grow thick skin because some folks won’t be cordial while rejecting you. Finding suitable housing can take far longer for a Registrant than it can for the average citizen due to the increased likelihood of rejection. Residency restrictions add a second layer of difficulty to the house hunt. Prepare both mentally and physically for a long search.

TIP #5: HONESTY IS THE BEST POLICY

It is better to be up-front about asking if prospective landlords rent to a Registrant than to lie to get in only to be evicted later. Many places have eviction lists that will add to difficulties in finding housing in the future. Even if you’re one of the lucky ones that aren’t listed publicly, background checks and private registry lists are out there so your registry status will come out eventually.

If you do contact someone and you have the opportunity to “sell yourself” in the way you would while job hunting, be prepared to do so. As a whole, RPs are more likely to keep to themselves, pay rent on time, and complain less than other tenants. Landlords these days may also do credit checks and eviction checks. You may be expected to pay an application fee. Be prepared to deal with that and if there is a fee involved, get confirmation that you would be given serious consideration before fronting the money.

TIP #6: C-Y-A

If you find a place, consider yourself lucky or blessed, but remember there can be complications even after you’ve settled in. Be sure to register with the Sheriff’s office ASAP; don’t delay, as many areas have short registration periods. If you’re moving to a new county or a new state, you’ll have to register both with the area you are leaving AND the area you are moving to. Many FTRs came about because someone assumed that he only had to register in location B, forgetting location A, and just figured Registry Office B would notify Registry Office A. Registry office A eventually notices you didn’t check in on time, goes to your old house, you aren’t there, a warrant is put out for your arrest for FTR, and your life is ruined.

TIP #7: INSURANCE/PREPARING FOR THE FUTURE

In my personal experience, renters willing to rent to you are likely not highly concerned about his property or the quality of his tenants. If your search is in an urban area, you are more likely to find residence in an area with higher crime and lower standard of living. (In the 22 years since my release, I’ve experienced multiple break-ins and one house fire). Thus, I suggest getting Renter’s Insurance; most Insurance companies offer Renter’s Insurance for around $15 a month, and it will cover you in case of theft, fire, or other problems. However, even if you are staying in the Bates Motel, be sure to take good care of your property. Building a good rapport with the landlord will help you as you often need good references for a new lease.

Because of the constantly changing nature of residence restriction laws, I suggest keeping about three month’s rent in a savings account. I strongly suggest you improve your credit rating during times of financial stability. There are many ways to do that (there are other books on that), but having a good credit score helps should you need to move in the future.

Even if you are on SSI, try to keep up to $2000 in savings at all times. If you collect regular social security or Social Security Disability Insurance (SSDI) you have more leeway with savings and income, because benefits are based on your work history. Supplemental Security Income (SSI) is a needs-based program and has strict guidelines; SSI only allows you to keep up to $2000 in savings without penalty. There are some legal ways to have extra money for emergency situations if you are on SSI, including having resources set aside for Plan to Achieve Self-Support (PASS) or Achieving a Better Life Experience (ABLE) plans. You’ll likely need help on setting these up. These may also be helpful if you think you may be receiving a lump-sum payment such as money from an inheritance. The SSI program also excludes the following from being declared an “asset”—your primary residence, one vehicle used for transportation, household and personal items, a life insurance policy up to $1,500, burial plots, and burial funds of up to $1,500.

TIP #8: KNOW YOUR RIGHTS

Unfortunately, equal opportunity laws do not apply to discrimination based on criminal accusations/convictions. You have no relief if denied housing based on your record. You do, however, have protections against unlawful entry by law enforcement. Your inclusion on the registry does not give law enforcement a reason to enter and search your residence during “compliance/address verification checks” without a warrant, unless you are on supervised release/probation/parole. No police agency or even the US Marshals can come into any residence without a warrant if a person is not “On Paper.” The only time a warrantless entry can be conducted is during an emergency (such as a fire) or they hear someone being hurt. I will cover this in more detail in Chapter 6.

MOVING AS A REGISTRANT

Whether you are moving across the hall of across the continent, there are two things you must remember if you want to stay free and minimal problems.

Rule #1 is to do your research beforehand. This means reviewing state laws and searching for local-level laws.
Rule #2 is to always register with your current registration office BEFORE the move and register at your new location ASAP. NEVER assume they will know you have moved!
I covered moving to a new location while On Paper in Chapter 2. All RPs, whether you are On Paper or not, must register at BOTH the jurisdiction you are moving from AND the jurisdiction you are moving to, often before making the move. Refer to Appendix 3 for the rules of each state when moving.
You do NOT need special permission to move if not On Paper, but be sure you register at BOTH the location you are moving from AND the location you moving to. This is the same if moving across the hall or across the country. This is the most common reason people are charged with an FTR.
If you are on STATE supervision/probation/parole, you MUST apply for an Interstate Compact in order to move.
If you are under FEDERAL supervision you can apply to transfer at your Federal supervision office.

Research the laws of the state you are moving to; you do not want to end up moving to a location that increases your registration period.

Moving to a new state comes with a different set of conditions and burdens for RPs. States registry laws vary wildly, even in states considered “substantially compliant” with the AWA. In addition, some states allow municipalities and/or counties to create and enforce additional restrictions on RPs.

As of September 2024, eighteen states, four US territories, and 137 Indigenous (or “Indian”) tribes have “substantially implemented SORNA” (the registry portion of the AWA). SORNA categorizes RPs on an “offense-based” scheme; in other words, you are tiered (rated) according to the crimes leading to your conviction. However, because the AWA is not a universal standard, AWA states can have requirements that are more stringent than those suggested by the AWA. For example, Alabama and Florida require lifetime registration for all Registrants yet are still substantially AWA compliant. Non-AWA compliant states may classify you into tiers using either an “offense-based” or a “risk-based” scheme (i.e., you are given a barrage of tests to determine how likely you are to reoffend.)

If you have a conviction from any state, territory, federal, military or foreign court and move to a different state/territory, you may be subject to a very different set of registration rules than in the state/territory from which you moved. The federal system does not have registration offices, so the registration requirements are determined by the state/territory where you reside, not by the federal government. Some states may honor certain registration requirements of the jurisdiction of conviction or may alter your registration period to match those by your current state of residence. Some states may keep you on their registries even if you no longer live in that state.

States/territories handle extra-jurisdictional convictions in the following ways as of August 2021:

States where the default registration length is lifetime, regardless of the requirements of the state of conviction (although some may offer a process to obtain relief from the registry): AL, AR, CA, CO, FL, GA, HI, ID, IL, MS, MT, NJ, OR, SC, TN, VA, WY
States that honor the registration requirements from the state of conviction (example: if your state of conviction requires 10 years of registration, the new state requires 10 years registration even if their registration periods are different): CT, PA, TX, UT
States that require registration for the longer of the two registration periods when there is a conflict between the states (example, if state of conviction requires 10 years of registration, but the new state requires a 25 year registration for the same offense, you will register for 25 years): IA, IN, KS, LA, MN, NM
States that will classify you according to their rules (or by Federal AWA guidelines even in non-AWA compliant states), regardless of registration status from jurisdiction conviction: AS, CA, CO, DE, DC, HI, GU, IL, KY, ME, MP, MS, MO, NE, NV, NH, NC, ND, OH, OK, OR, PR, RI, SD, VI, VT, WI
States with unclear rules (difficult to determine guidelines, but assume you must register according to these state guidelines): AK, AS, AZ, MD, MI, WV

In regards to certain low level offenses, some states/territories only require registration if the crime of conviction is similar to a registrable offense in that state/territory. Some states require registration for extra-jurisdictional/“out-of-state” convictions even if the same is not true in the state you are moving to. Below is the breakdown:

States/territories that require registration if the offense in the jurisdiction of conviction is comparable, similar, or equivalent to registrable offenses in the state/territory: AZ, AK, AS, CO, DC, DE, FL, GU, IL, KS, ME, MA, MN, MT, NE, NV, NJ, NM, NC, OH, OK, RI, SD, TN, TX, USVI
States/territories that require registration if the jurisdiction of conviction requires registration, even if the offense would not require registration if you had been convicted within the new state: AL, AR, CT, GA, HI, ID, MD, MP, MS, MO, NH, OR, SC, UT, VT, VA, WA
States/territories that require a case review before determining registration status: CA, KY, NY, ND, OR, WY (if offense is not otherwise registrable under WY law)
States that do not mention how extra-jurisdictional registration is determined within the state statutes (I can only assume all are required to register): AK, IN, PR

See Appendix 3 of Your Life on The List for “extra-jurisdictional/“out-of-state” convictions in each state for full details on how states handle registration when moving in with an extra-jurisdictional conviction, and for notes on how the federal system classifies RPs into Tiers under the AWA.

This system is very complicated and can cause major problems when moving to a new state. Registry status often defies the law of gravity, meaning your status can go up but rarely comes down. A new state may require registration even if you “timed out” of the registry in another state. Here are two anecdotal examples:

A Tier I Registrant was no longer required to register in Ohio because he finished his 10 year registration requirement. He moved to Florida (where everyone must register for life and kept on the registry for years after death); he is now a lifetime Registrant and will be on the Florida registry even after he dies.
A Tier I Registrant moved from Wisconsin to a state that classified him as a Tier III. After returning to Wisconsin, he was classified as a Tier III despite being previously labeled as a Tier I by Wisconsin.

The most common misperception that has led to numerous criminal charges for FTR is the assumption that an RC moving from one state to another only has to notify one state of the move. An RC moving from OH to FL has to notify BOTH states within the timeframe the state gives; for OH that’s within 72 hours of a move, and for FL, within 48 hours of the move. Another problem is that states without statewide residency or presence restrictions may allow counties and municipalities to adopt such laws. In states with residency laws, not all states contain provisions within the law that allows Registrants to keep their homes/apartments if they resided in the property before a prohibited place moves close to them. (This is often called a “grandfather clause.”) Even if you are no longer required to register in one state due to timing out or obtaining relief from registration requirements (via pardon or relief by court order), other states may still force you to register.

If you have been removed from the registry in one state but are placed on the registry in another state, it is possible to be removed from the registry if you are willing to file litigation. A couple of court cases give hope for removal from the registry upon moving to a new state under specific circumstances:

Meredith v. Stein, No. 5:17-CV-528-BO (E.D. NC, 7 Nov. 2018): Ruled North Carolina’s process for adding people to the state registry who had been convicted out of state deprived the Plaintiff of a cognizable liberty interest and the procedures protecting that interest were constitutionally inadequate. The Plaintiff moved from Washington State; NC officials initially told him he would not have to register, but still forced him to register upon arrival.
In the May 10, 2017 edition of The Islander (A weekly newspaper in Holmes Beach FL), it was reported that the 12th Circuit State Attorney Office had dropped a case against a man accused of FTR because his crime predated the registry in Indiana, where the man had been convicted. The defense provided the state with a 2011 court order from Indiana that “specifically states that the defendant is not required to register because his conviction predated the registry.”

LOCAL-LEVEL LAWS

Before you consider moving to a new location, you may want to find out what the laws are on the local level. Some states do not have statewide residency restriction laws, but allow municipalities to make their own rules which may include numerous restricted zones and limitations on where you work or visit. First, you must find out what type of government presides over the land where the residence is located, and if there are any local ordinances that may apply to you. Not all local level governments have the ability to pass such laws. You must first find out what states allow local-level laws and which ones do not.

A number of states are known to allow municipal or local level governments to place restrictions on Persons Forced to Register (PFRs), even if that state lacks a statewide restriction law. States known to allow additional ordinances include Colorado, Florida, Illinois, Missouri, Nebraska, Maine, Minnesota, Texas, Washington, and Wisconsin. Each state has a different governmental structure. Some state laws may even grant only certain kinds of local-level governments to pass restrictions, or they may pass a limit on distance or other prohibitions. Below are a few examples:

Florida: Only have cities and counties; counties can override municipal ordinances.
Kansas: KSA §22-4913 prohibits all local level governments from passing residency restriction laws.
Maine: Has cities, towns (townships), counties, and “plantations”; plantations can’t pass ordinances; Maine limits local-level ordinances to 750 ft.
Nebraska: Limits municipal ordinances to 500 ft. residency restrictions from schools and daycare canters
Texas: Has “home rule” (pop. 5000+) and “general rule” (pop.<5000) cities; general rule municipalities were granted the right to pass restrictive ordinances in 2017); counties can’t pass ordinances (yet).
Wisconsin: Has cities, villages, “towns” (townships), and counties; all local-level governments can pass ordinances; WI allows the passage of an “original domicile rule” preventing Registered Persons from residing in the community unless they lived in the community before being convicted of a sex offense.

Just to give you an idea of how municipal ordinances can exacerbate problems with statewide restrictions, let’s look at two large states that have allowed local-level restrictions to pass:

FLORIDA: The state already has 1000 foot residency restrictions & 300 ft. proximity restrictions from schools, child care facilities, parks, or playgrounds, but many municipalities and counties have additional restrictions. As of April 2025: 220 of 478 (46%) have additional residency restrictions; 87 of 478 (18.2%) have additional presence restrictions, proximity/anti-loitering, or park ban ordinances; 18 counties & 15 cities have shelter bans or segregated shelters; 6 counties have Halloween restrictions; and 3 cities and 2 counties have “anti-clustering” ordinances. The smallest city with an ordinance is Sea Ranch Lakes (pop. 540). Only 11 counties (19.4%) had no additional city/county ordinances

TEXAS: Doesn’t have statewide restrictions for those off supervision but allows all municipalities (but not counties) to make their own restrictions. In 2025, Texas attempted to allow municipalities to pass restrictive ordinances in the unincorporated parts of that community; it failed for the 2025 session but it may be reintroduced in the future. As of August 2025, of 1225 municipalities:b412 (45.5%) have residency restrictions, incl. 230 (65.2%) of cities with “home rule” (pop.5000+). Texas passed a law in 2017 allowing “general rule” cities (pop.<5000) to pass restrictions; 164 (18.1%) have presence restrictions, anti-loitering, or park bans; 109 (12%) have Halloween restriction laws; 17 municipalities force PFRs to place signs in their yards declaring that it is a “Sex Offender” residence; four municipalities place no time limitations on the postage of signs, thus requiring signs at all times: Bay City, Cuero, Gonzalez, & Oyster Creek (Bay City also requires a mark on the RP’s vehicle); 10 have anti-clustering ordinances; and 212 (23.4%) have some form of job or licensing ban. The smallest community with an ordinance is the village of Bonney (pop. 180).

WISCONSIN: As of October 2025, there are 1,922 total cities, villages, townships, and counties in the state of Wisconsin. Of those local-level governments, 577 local-level governments lacked online ordinances and/or did not respond to FOIA request, or had incomplete information on existing ordinances. Of the remaining 1345 local-level governments, 347 (25.7%) had at least one restriction, including 319 (23.7%) with residency restrictions, 156 (11.6%) with an anti-loitering or proximity restriction, 148 (11%) with an original domicile rule, 180 (13.4%) with Halloween restrictions, and 11 (0.8%) with anti-clustering laws. Millston (pop. 136) is the smallest community with local-level restrictions. Three out of 72 counties (4.2%) have a restrictive ordinance; Juneau and Kewanee Counties have some presence/anti-loitering restrictions, and Walworth County passed an ordinance requiring the Lakeland Health Care Center (a nursing home) to deny admission to RPs. Out of the other local-level governments, 102 out of 190 cities (53.7%), 154 of 416 villages (37%), and 88 of 1244 towns/townships (7.1%) have some form of local-level ordinance.

There are a couple of ways to find out if there are local-level restrictions in an area. You can perform a web browser search on the name of the community and/or county you plan on moving to and see if that community has their municipal codes or ordinances online and then peruse the municipal ordinances yourself. Alternately, you can ask the local registration office and/or the clerk of the local-level government agency for that information. Some local ordinances require the local-level government to provide a map of restricted zones or a list of properties that meet the requirements of the local law.

Never assume that small towns or villages don’t have local-level restrictions. In Texas, at least 21 municipalities with populations below 1000 residents have local-level residency restriction ordinances; in Florida, three municipalities with populations below 1000 residents have local-level residency restriction ordinances (eight if you count those with countywide ordinances; and in Nebraska, 22 municipalities with populations below 1000 residents have local-level residency restriction ordinances. In Wisconsin, the villages of Marquette (pop. 172) and Navarino (pop. 177), and the town (i.e., township) of Millston (pop. 136), also have restrictive ordinances. Marquette adds the local post office and the village hall as restricted zones.

HOMEOWNERS’ ASSOCIATIONS (HOAs)

Homeowners associations (HOAs) are growing in popularity. It seems counterintuitive for a Registrant to desire to live in an HOA, since they tend to have a poor reputation these days. As one Registrant put it, “HOAs suck. What started out as a group to assist each other in protecting property values has morphed into a bunch of nosy neighbors with a God complex. HOA covenants are not laws and have no legal force beyond the association being able to sue a non-compliant member for breach of contract.”

There is a key difference between an HOA and rental properties. With rental properties, you are renting, not buying. You do not own the property. Thus, they can discriminate against you because you are not a protected class, private persons don’t have to rent to you if they don’t want to, and you can be evicted from rental properties. However, you must follow the HOA rules because if you refuse to pay the HOA fees or break the rules, you could be fined, sued, or even have a lien filed on your property. Some HOAs are writing contracts that exclude RPs from moving into an HOA property.

There aren’t many state laws or court rulings addressing the issue. In Lake Naomi Club, Inc. v. Rosado, 285 A. 3d 1 (Pa: Commonwealth Court 2022), the Commonwealth Court (Pennsylvania’s intermediate court), ruled against an HOA restriction banning those classified as Tier 3 (those considered “high risk”) from an HOA property. The ruling relied on Fross v. County of Allegheny, 610 Pa. 421, 20 A.3d 1193 (2011), a PA Supreme Court ruling that determined that the state legislature had not authorized municipalities to create their own restrictions, so private residential communities must abide by the same rules. But in Mulligan v. Panther Valley Property Owners Association, 337 N.J. Super. 293 (App. Div. 2001), the NJ Appellate Division upheld an HOA’s amendment precluding Tier III RPs from residing (but not owning the property) within the common interest community.

Currently, only one state (AZ) is known to have a state statute allowing HOAs to openly restrict some RPs from residing within it. However, media reports have stated HOAs in Florida and Ohio have banned RPs from residing within the HOA community.

MOVING TO AN INDIGENOUS PEOPLES’ NATION

Moving to an Indigenous Peoples’ nation (“Native American” Tribe) can pose unique problems. A provision in the AWA requires Indigenous Tribes to adopt SORNA regulations under penalty of losing their tribal sovereignty in criminal justice matters. By 2006, of the 566 federally recognized tribes, only 212 were considered eligible to decide to adopt the AWA by the SMART Office on their own (i.e., tribes whose criminal justice agencies are not being delegated to the state per 18 USC §1162). Of the 212 tribes, 198 chose to retain registry functions, five chose to delegate registration power to the state, and nine did not file a resolution. In addition, as being quasi-sovereign nations within US borders, Tribes retain the right to exclude RPs from their lands altogether. (See United States v. Nichols, 2014 U.S. Dist. LEXIS 118129 (D. S.D. Aug. 20, 2014) (tribes have the inherent power to exclude outsiders from their territory).

As noted by the SMART Office (Sex Offender Registration and Notification In the United States Current Case Law and Issues — March 2019: Sex Offender Registration and Notification in Indian Country), registration in Tribes can be confusing:

“Further complications may develop when an offender lives on tribal land but was convicted of a state or federal offense. One question that arises is whether an offender who exclusively lives, works and attends school on tribal land can be compelled to register with the state within which that tribal land is located. If the offender cannot be compelled to register with the state, it falls to the tribe to register the offender, if the tribe has opted-in to SORNA’s provisions and is operating as a registration and notification jurisdiction under its terms. For example, in Washington State, an offender could not be convicted of failure to register in state court when the trial court excluded evidence that he had registered with the Chehalis Tribe. In New Mexico, the state cannot impose a duty to register on enrolled tribal members living on tribal lands who have been convicted of federal sex offenses. In neighboring Arizona, persons living in Indian Country are required to keep their registration current with both the state and the tribe. In Arizona, however, a tribal member residing on tribal land could not be prosecuted under state law for failure to register unless that tribe’s registration responsibilities had been delegated to the state via SORNA’s delegation procedure.”

MOVING OUT OF THE USA

If you are looking to flee America, being “on paper” will likely eliminate emigration is an option, and even if you are not on paper, you might find emigration quite difficult.

SCOTUS determined in Nichols v. US, 136 S. Ct. 1113 (2016) that the passage of International Megan’s Law added a requirement that Registrants must notify the state in which they’re residing when planning to move overseas, covering what the government perceived as a language “loophole” in the AWA. This means that you must register before moving out of the USA, and many states explicitly codified this rule into registry laws.

Once outside America, there is no evidence that verifies some claims that a Registrant would have to register at the US Embassy if living abroad. However, each nation has their own policies about emigration that may prove to be a hindrance if you are considering becoming a citizen of another nation.
Applying for asylum status is not a guaranteed strategy for fleeing the US, either. After the initial application was denied, a German court awarded Steven Whitsett “asylum” status. However, the German court determined that registry status and the onerous restrictions like residency restrictions were not sufficient enough for asylum status. In fact, the German courts implied such laws were just for the protection of the public even if they were oppressive. However, in Whitsett’s case, extradition to Florida would have resulted in an 18-year prison sentence followed by a potential stint in civil commitment. The German court noted this exceeded the original sentence for the original offense, especially given Whitsett’s offense would not have been handled as harshly under German law. Whitsett’s win does not guarantee others will receive asylum status, especially if the U.S. state requesting extradition does not sentence FTR cases to decades in prison or threaten civil confinement. Furthermore, according to Steven Whitsett, in February 2024 the German immigration authorities changed the official policy on dealing with American RPs who come to Germany looking for asylum. RSOs are now automatically blocked from the asylum process and are strongly encouraged to just go find a job (obtain a work visa). I have a lengthier discussion on emigration issues in Chapter 11 in Your Life on The List.

MOVING TO THE USA WITH A FOREIGN CONVICTION

If you were convicted of a sexually-based offense outside the USA and you plan on visiting or living in the States, you may be forced to register. Not all US States/Territories explicitly require registration in these cases. Many AWA-compliant states have statutes that require registration if the sex offense conviction occurred in “Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country that vigorously enforces the right to a fair trial at the time of conviction (as per the U.S, State Dept. Country Reports on Human Rights Practices).” Some state statutes simply state a foreign conviction of any kind of sex offense is sufficient for requiring registration, while others may compare the facts of the case to state’s criminal codes for registrable offenses. When entering the USA, you’ll likely be harassed by customs if you live in a country that has a sex offense registry or shares criminal arrest/conviction data with the USA (which is what the US is trying to achieve with “International Megan’s Law”).