Can housing deny a potential client for a felony record?

Can housing deny a potential client for a felony record?

**Yes, housing providers can deny a potential client based on their felony record. However, the decision to deny housing due to a felony record must comply with Fair Housing laws and regulations.**

According to federal Fair Housing laws, it is illegal to discriminate against individuals based on factors such as race, color, religion, sex, disability, familial status, and national origin. While these protected classes are clearly defined, criminal history is not specifically mentioned.

However, the U.S. Department of Housing and Urban Development (HUD) provides guidelines that help housing providers navigate the issue of criminal records. They acknowledge that while a criminal record is not a protected class per se, denying housing solely based on a criminal record can have a disproportionate impact on certain racial or ethnic groups, thereby potentially violating fair housing laws.

To navigate the matter lawfully, housing providers must consider the following factors:

1.

Can a housing provider ask about an applicant’s criminal record?

Yes, housing providers can inquire about an applicant’s criminal history, but they should treat all applicants uniformly and consistently.

2.

Can a housing provider deny housing solely based on a felony record?

No, denying housing solely based on a felony record is considered discriminatory unless supported by a legitimate business justification.

3.

What is a legitimate business justification for denying housing based on a felony record?

Legitimate business justifications may include potential risk to the safety of other tenants or the property itself.

4.

How far back can a housing provider consider an applicant’s criminal record?

HUD suggests that considering arrests or convictions that are more than seven years old may be discriminatory under the Fair Housing Act.

5.

Can a housing provider consider the nature of the crime when making a decision?

Yes, housing providers can take into account the nature and severity of the crime committed when determining if there is a legitimate business justification for denial.

6.

Can a housing provider consider rehabilitation efforts?

Yes, housing providers can consider an individual’s rehabilitation efforts and factors such as completion of parole or probation, participation in treatment programs, and establishment of a stable lifestyle.

7.

Can a housing provider use blanket policies to deny housing to all individuals with a criminal record?

Using blanket policies to exclude all individuals with a criminal record is discouraged, as it may disproportionately impact certain groups and potentially violate fair housing laws.

8.

What should a housing provider do if they believe an applicant’s criminal record poses a safety risk?

If the landlord believes an applicant’s criminal record poses a safety risk, they should engage in an individualized assessment, considering all relevant factors, before making a final housing decision.

9.

Can a housing provider ask an applicant about their criminal record face to face?

Yes, a housing provider can ask an applicant about their criminal record during a face-to-face interview or through written application materials.

10.

Can a housing provider refuse to rent to an individual with a non-violent criminal record?

Denying housing to someone with a non-violent criminal record may still be considered discriminatory, as the nature of the crime alone may not justify the denial.

11.

Can a housing provider refuse to rent to an individual with a drug-related conviction?

Refusing to rent to an individual solely based on a drug-related conviction may be considered discriminatory if there is no legitimate business justification.

12.

What should an individual do if they believe they have been discriminated against due to their felony record?

If an individual believes they have faced housing discrimination due to their felony record, they should consider filing a complaint with the appropriate fair housing agency or seeking legal advice.

In conclusion, while housing providers can deny housing to individuals with felony records, they need to consider fair housing laws, HUD guidelines, and avoid blanket discriminatory policies. The decision must be based on legitimate business justifications, taking into account the nature of the crime, rehabilitation efforts, and engaging in individualized assessments. It is crucial to ensure that individuals are not unfairly disadvantaged due to their criminal history, while still safeguarding the safety and well-being of other tenants and the property.

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