Landlords generally can refuse to rent to felons based on their criminal history. However, there are some exceptions to this rule. For example, in some states, landlords cannot refuse to rent to someone who has been convicted of a crime that is not related to violence or drugs. Additionally, some landlords may be willing to rent to felons if the felons can prove that they have been rehabilitated and are no longer a risk to society. If you are a felon and you are having trouble finding housing, you may want to consider contacting a fair housing organization or an attorney. They can help you understand your rights and find housing that is available to you.
Discrimination Against Felons in Rental Housing: Understanding the Fair Housing Act
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several protected characteristics, including a person’s criminal history.
While landlords are generally free to choose their tenants, they cannot discriminate against applicants based on their criminal records, except in certain limited circumstances. This means that a landlord cannot refuse to rent to someone solely because they have a criminal history.
Fair Housing Act Protections:
- The FHA prohibits discrimination against tenants based on their criminal history in the following ways:
- Refusal to Rent: Landlords cannot refuse to rent to someone solely because they have a criminal record.
- Eviction: Landlords cannot evict a tenant solely because they have a criminal record.
- Terms and Conditions of Tenancy: Landlords cannot impose different terms or conditions on a tenant based on their criminal record.
- Advertising: Landlords cannot advertise rentals in a way that discriminates against people with criminal records.
- Retaliation: Landlords cannot retaliate against a tenant who exercises their rights under the FHA, such as by filing a complaint.
However, there are some exceptions to these protections. For example, a landlord can refuse to rent to someone if:
- The person’s criminal history poses a “direct threat” to the health or safety of other tenants or the property.
- The person has been convicted of a crime that involves violence, drug use, or sexual abuse.
- The person is required to register as a sex offender.
If a landlord believes that an applicant poses a direct threat, they must be able to provide evidence to support their decision. They cannot simply rely on stereotypes or assumptions about people with criminal records.
If you believe you have been discriminated against because of your criminal history, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or your local fair housing agency. You can also contact a fair housing organization for assistance.
| Landlord Action | Violation |
|---|---|
| Refuses to rent to an applicant because they have a criminal record. | Yes |
| Evicts a tenant because they have a criminal record. | Yes |
| Charges a higher rent to a tenant with a criminal record. | Yes |
| Requires a tenant with a criminal record to pay a larger security deposit. | Yes |
| Refuses to rent to an applicant because they were arrested for a crime, but not convicted. | Yes |
| Refuses to rent to an applicant because they have a juvenile criminal record. | Yes |
| Denies a reasonable accommodation request from a tenant with a criminal record. | Yes |
| Retaliates against a tenant who files a fair housing complaint. | Yes |
State and Local Laws
Whether or not a landlord can refuse to rent to a felon varies depending on state and local laws. In some areas, there are laws that prohibit landlords from discriminating against tenants based on their criminal history. However, in other areas, landlords may be allowed to deny housing to felons.
State Laws
- California: California law prohibits landlords from denying housing to felons, except in certain circumstances, such as when the landlord can demonstrate that the felon poses a direct threat to the safety of other tenants.
- Illinois: Illinois law prohibits landlords from denying housing to felons who have been convicted of crimes other than sex offenses, violent crimes, or crimes involving the use of illegal drugs.
- New York: New York law prohibits landlords from denying housing to felons, except in certain circumstances, such as when the landlord can prove that the felon’s criminal history is relevant to the tenancy.
Local Laws
In addition to state laws, there may also be local laws that prohibit landlords from discriminating against felons. For example, the city of San Francisco has a law that prohibits landlords from denying housing to felons who have been convicted of nonviolent crimes.
It is important to note that these are just a few examples of the laws that may apply to landlords who are considering renting to felons. The specific laws that apply in a particular case will depend on the state, county, and city where the rental property is located.
Table of State Laws Regarding Discrimination Against Felons in Housing
| State | Law |
|---|---|
| California | Landlords cannot discriminate against tenants based on their criminal history, except in certain circumstances. |
| Illinois | Landlords cannot discriminate against tenants who have been convicted of crimes other than sex offenses, violent crimes, or crimes involving the use of illegal drugs. |
| New York | Landlords cannot discriminate against tenants based on their criminal history, except in certain circumstances. |
| San Francisco | Landlords cannot discriminate against tenants who have been convicted of nonviolent crimes. |
Fair Housing Act and Felony Discrimination
The Fair Housing Act (FHA) prohibits discrimination based on several factors, including an individual’s criminal history. This means a landlord cannot refuse to rent to a person solely because they have a felony conviction. However, a landlord may be able to deny housing under certain circumstances, such as when a person’s criminal history poses a direct threat to the health and safety of others in the community.
Reasonable Accommodation Requests
In some cases, a landlord may be required to make reasonable accommodations for a tenant with a criminal record. For example, a landlord may be required to allow a tenant to install a security system or to provide a lower security deposit. The landlord is not required to make an accommodation that would create an undue hardship for the landlord or other tenants, such as allowing a tenant to keep a dangerous pet or to live in a unit with other tenants who are particularly vulnerable, such as children.
Considerations for Landlords
When considering whether to rent to a person with a felony conviction, landlords should consider the following factors:
- The nature and severity of the crime: Some crimes, such as violent crimes or crimes involving children, may pose a greater risk than others.
- The amount of time that has passed since the conviction: A person who has been crime-free for a long period of time may be less likely to re-offend.
- The person’s history of rehabilitation: A person who has completed a substance abuse program or anger management classes may be less likely to re-offend.
- The person’s current housing situation: A person who is currently homeless or living in an unsafe environment may be more likely to re-offend.
- The landlord’s own policies and procedures: The landlord should have a clear policy regarding criminal background checks and should follow that policy consistently.
Conclusion
The decision of whether or not to rent to a person with a felony conviction is a complex one. Landlords must balance their right to protect the safety of their tenants with the FHA’s prohibition against discrimination. By considering the factors listed above, landlords can make informed decisions that are fair and compliant with the law.
Relevant Laws Table
| Law | Description |
|---|---|
| Fair Housing Act | Prohibits discrimination in housing based on several factors, including an individual’s criminal history. |
| Americans with Disabilities Act | Requires landlords to make reasonable accommodations for tenants with disabilities. |
Criminal Background Checks
Landlords have the right to screen tenants to protect their property and ensure the safety and well-being of their community. Criminal background checks may be used as part of the screening process. However, there are certain laws and regulations that limit a landlord’s ability to discriminate against potential tenants based on their criminal history.
The Fair Housing Act prohibits discrimination in housing based on several factors, including criminal history. This means that landlords cannot refuse to rent to someone solely because they have a criminal record. However, landlords can consider a person’s criminal history when making a renting decision if it is relevant to their ability to be a good tenant. For example, a landlord may consider whether a person’s criminal history includes convictions for violent crimes, drug offenses, or property damage.
Limitations on Criminal Background Checks
- Landlords cannot ask about arrests that did not result in convictions.
- Landlords cannot consider convictions that are sealed or expunged from a person’s record.
- Landlords must consider the nature and severity of a conviction when making a renting decision. A landlord cannot automatically deny housing to someone with a criminal record without considering the specific circumstances of the case.
- Landlords must provide an opportunity for a person with a criminal record to explain their situation and provide mitigating evidence.
Exceptions to the Fair Housing Act
There are a few exceptions to the Fair Housing Act’s prohibition against discrimination based on criminal history. For example, landlords can refuse to rent to someone who has been convicted of a crime that would make them a danger to others, such as a violent crime or a crime involving child abuse.
How to Challenge a Denial of Housing
If you have been denied housing because of your criminal history, you may have several options for challenging the decision. You can file a complaint with the U.S. Department of Housing and Urban Development (HUD), contact a fair housing organization, or file a lawsuit against the landlord.
Tips for Renters with Criminal Records
- Be honest about your criminal history when applying for housing.
- Provide a written explanation of your situation and any mitigating evidence.
- Be prepared to answer questions about your criminal history during the screening process.
- Be persistent and don’t give up if you are initially denied housing.
| State | Landlord Rights | Tenant Rights |
|---|---|---|
| California | Can consider criminal history when making a renting decision | Cannot be denied housing solely because of a criminal record |
| New York | Cannot ask about arrests that did not result in convictions | Cannot be denied housing based on a sealed or expunged conviction |
| Texas | Can refuse to rent to someone who has been convicted of a crime that would make them a danger to others | Have the right to challenge a denial of housing based on criminal history |
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