Introduction
When searching for housing in Pennsylvania, it’s important to understand the various criteria that landlords and property management companies may use to evaluate potential tenants. One common concern among individuals with a misdemeanor record is whether they can be denied housing based on that past offense. In this article, we will explore the laws and regulations surrounding housing denials in Pennsylvania and provide answers to some frequently asked questions related to this issue.
Can you be denied housing in Pennsylvania for a misdemeanor?
Yes, it is possible to be denied housing in Pennsylvania due to a misdemeanor on your criminal record. Landlords have the right to screen potential tenants and consider their criminal history as a factor for determining eligibility.
It is important to note that landlords must comply with fair housing laws, which prohibit discrimination based on certain protected categories such as race, religion, national origin, sex, familial status, and disability. However, a misdemeanor conviction is not a protected category, so landlords can still legally deny housing based on this factor.
Frequently Asked Questions
1. Can a felony conviction affect my chances of getting housing?
Yes, a felony conviction can have a significant impact on your chances of obtaining housing as it generally carries more weight in the eyes of landlords compared to a misdemeanor.
2. Are all misdemeanors treated equally?
No, not all misdemeanors are considered equal in the eyes of landlords. Some landlords may be more lenient towards certain types of misdemeanors, depending on the nature of the offense.
3. Do landlords have the right to know about my criminal record?
In Pennsylvania, landlords generally have the right to request a criminal background check as part of the application process. However, they must comply with federal and state laws regarding the collection and use of this information.
4. Can a landlord deny housing based on an arrest record alone?
No, a landlord cannot deny housing based solely on an arrest record. However, if the arrest resulted in a misdemeanor conviction, it may be a valid reason for denial.
5. How far back can landlords look into my criminal history?
Landlords can typically review a potential tenant’s criminal history for the past seven years. However, certain exemptions apply, such as if the rental property is part of federally subsidized housing.
6. Can I be denied housing if my misdemeanor is related to drug charges?
Yes, landlords have the right to deny housing if a misdemeanor on your record is related to drug charges. It is often considered a risk factor that landlords may take into account.
7. Can I appeal a housing denial based on my criminal record?
There is no specific appeals process for housing denials in Pennsylvania based on a criminal record. However, you can try discussing the matter with the landlord or property management company to better understand their reasoning.
8. Can a criminal record affect my chances of renting an apartment versus a house?
Yes, landlords may have different criteria when renting an apartment versus a house. While it depends on the landlord, some may be more lenient when it comes to apartments compared to single-family houses.
9. Can I improve my chances of renting with a misdemeanor?
Yes, there are steps you can take to increase your chances of renting with a misdemeanor. Building a good rental history, obtaining strong references, and being proactive in addressing any concerns can all help in convincing landlords to overlook your past misdemeanor.
10. Are there any exceptions where a landlord cannot deny housing based on a misdemeanor?
While landlords generally have the discretion to deny housing based on a misdemeanor, there may be certain exceptions if you have successfully completed a diversionary program or had your record expunged.
11. Can a landlord require additional information about my misdemeanor?
Yes, landlords can request additional information about your misdemeanor conviction, such as court documentation or a written explanation of the offense and any steps taken to rehabilitate.
12. Can I be denied housing for a misdemeanor if it was committed outside of Pennsylvania?
Yes, landlords can still consider a misdemeanor conviction from outside of Pennsylvania when evaluating your application for housing. They are not limited to only considering offenses that occurred within the state.