Can a landlord discriminate against non-criminals?

When searching for a rental property, one would hope that the decision on whether or not to rent to you would be based on factors such as credit history, income, and references – not on whether or not you have a criminal record. So, can a landlord discriminate against non-criminals?

No, a landlord cannot discriminate against non-criminals. Under the Fair Housing Act, it is illegal for landlords to discriminate against potential tenants based on race, color, national origin, religion, sex, familial status, or disability. The absence of a criminal record falls under this protection as well.

FAQs about landlord discrimination against non-criminals:

1. Can a landlord ask about my criminal history?

Yes, a landlord can ask about your criminal history on a rental application. However, they cannot deny your application solely based on your criminal record.

2. Can a landlord refuse to rent to someone with a criminal record?

While a landlord can ask about your criminal history, they cannot automatically disqualify you based on that information alone. They must consider other factors as well.

3. Can a landlord run a background check on potential tenants?

Yes, landlords have the right to run background checks on potential tenants to assess their suitability as renters. However, they must follow the Fair Credit Reporting Act guidelines.

4. Can a landlord deny housing based on arrest records?

Landlords are not allowed to use arrest records as a basis for denying housing. They can only consider convictions when making their decision.

5. Can a landlord evict a tenant who later receives a criminal conviction?

If a tenant receives a criminal conviction during their tenancy, a landlord may have grounds for eviction based on the terms of the lease agreement.

6. Can a landlord ask for a copy of a potential tenant’s criminal record?

A landlord can ask a potential tenant to provide a copy of their criminal record, but the tenant is not obligated to provide it. However, the landlord can obtain this information through a background check.

7. Can a landlord refuse to rent to someone with a felony conviction?

While a felony conviction can be a factor in a landlord’s decision-making process, they cannot automatically deny housing based solely on a felony conviction. The landlord must consider other factors as well.

8. Can a landlord refuse to rent to someone with a misdemeanor conviction?

Similarly to felony convictions, a misdemeanor conviction alone cannot be the sole reason for a landlord to deny housing. The landlord must assess other aspects of the applicant’s background.

9. Can a landlord refuse to rent to someone with a history of drug-related offenses?

Landlords can take drug-related offenses into consideration when evaluating potential tenants, but they cannot use this information as the sole reason for denying housing.

10. Can a landlord ask about expunged or sealed criminal records?

It is illegal for landlords to ask about expunged or sealed criminal records during the application process. These records are considered legally hidden from public view.

11. Can a landlord charge higher rent or security deposit based on a tenant’s criminal record?

Charging higher rent or security deposit based on a tenant’s criminal record is considered discriminatory under the Fair Housing Act. Landlords must treat all tenants equally regardless of their criminal history.

12. Can a landlord require tenants to disclose ongoing legal proceedings or pending charges?

Landlords can request information about ongoing legal proceedings or pending charges, but they cannot use this information as the sole basis for denying housing. They must follow fair housing laws and consider other factors as well.

In conclusion, while landlords have the right to inquire about a potential tenant’s criminal history, they cannot discriminate against non-criminals solely based on that information. Fair housing laws are in place to protect individuals from discrimination based on factors such as criminal history, ensuring equal access to housing for all.

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