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On April 4, 2016, the U.S. Department of Housing and Urban Development ("HUD") issued guidance on its interpretation of how the Fair Housing Act applies to housing providers' policies that ban residents with criminal records.
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On April 4, 2016, the U.S. Department of Housing and Urban
Development ("HUD") issued guidance on its interpretation
of how the Fair Housing Act applies to housing providers'
policies that ban residents with criminal records. HUD determined
that "because of widespread racial and ethnic disparities in
the U.S. criminal justice system, criminal history-based
restrictions on access to housing are likely disproportionately to
burden African Americans and Hispanics," which is a violation
of the FHA. HUD held that blanket policies that ban rental
properties to individuals with a criminal history is illegal. Any
policy that considers criminal history in making rental
determinations, must be narrowly tailored to serve the housing
provider's substantial and legitimate interest. Denial of
housing opportunities based upon a criminal history, will make the
housing provider susceptible to lawsuits and penalties.
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