APCHA tables policy to prevent housing sex offenders

Editor’s note: This article has been updated to reflect that John Doyle, not Carson Schmitz, made the comments about the particular instance being “mitigated for the time being” and making sure “we do this right” that appear in the fourth-to-last and penultimate paragraphs. This article has also been updated to reflect that the background checks would include owners and that APCHA residents already submit an affidavit every two years.

A policy that would require background checks on all prospective Aspen/Pitkin County Housing Authority residents in order to prevent sex offenders from owning was tabled Wednesday evening due to legal concerns. 

“I think there are some unanswered questions, on which we should get answers for you,” APCHA Attorney Tom Smith told the APCHA board on Wednesday evening. “On that basis, I think it makes sense to table it.”

The effort to create the new policy came after an incident in December 2025 when it was revealed that the adult son of the owners of an APCHA deed-restricted property was a sex offender following a conviction when the individual was 18 years old.

Henry Henley, the individual in question, was arrested in October 2025 for reckless driving the previous month. He is alleged to have been driving teenagers in his car, for whom he had purchased alcohol. 

Shortly after that arrest, Henley was arrested again during a traffic stop due to probation violations. 

When neighbors discovered that Henly was living under his parent’s roof in APCHA housing, they issued complaints with no mechanism that would police Henley’s ability to reside in the APCHA housing. 

Since then, the APCHA board has wrestled with how to resolve the issue, ultimately landing on a proposed amendment to their policy that would ask future APCHA applicants to complete a $30 screening that would verify their sex offender status. If they were found to be Tier II or Tier III sex offenders, they would not be able to reside in APCHA housing. 

APCHA residents would also have to confirm that they and anyone living in their home continue to not be registered sex offenders when they submit an affidavit every two years. If an individual is found to be a sex offender or be housing a sex offender, the APCHA property would need to be listed for sale or the lease could not be renewed.

But questions about the policy’s retroactive application stalled the board on Wednesday.

“One of the issues raised is retroactivity,” Smith told the board. “I can’t give you a definitive answer on that … It’s difficult to generalize about the outcomes without a specific case, but some generalizations could be made. I can do some research if this is an important issue.” 

The board agreed it would be significant to determine how the policy could be designed to ensure that it captures all potential problems with sex offenders living in APCHA housing. 

“The reason we’re here is because of a particular instance, and that particular instance has been mitigated for the time being,” John Doyle, APCHA board member, said on Wednesday. 

Henley is currently in the Pitkin County jail due to his arrests in 2025, and is awaiting sentencing in late May.

“I would say that (in the interest of) community safety, child safety and responsible governance, we have to make sure we do this right,” Doyle said. 

The board unanimously voted to table the issue after considering the potential hangups, agreeing to reconsider the policy this summer, likely in August.