Is it Illegal to denied housing due to criminal record?

Is it legal to discriminate against felons for housing? Unfortunately, it is. While it seems unfair, landlords can legally deny housing to felons. But there are some exceptions, so we’re going to explain:

• Why landlords can often legally deny housing to felons
• When denying housing might be illegal
• Steps you can take if you think you’re facing discrimination

Why Is It Legal To Discriminate Against Felons For Housing?

The Fair Housing Act makes it illegal to deny someone housing based on the following protected characteristics:

• Race
• Color
• National Origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial Status
• Disability

As you can see, under the Fair Housing Act, criminal records aren’t a protected characteristic. So yes, landlords have the legal right to deny housing to a felon.

But it’s not a free-for-all. The Department of Housing and Urban Development (HUD) issued guidelines, stating landlords can’t use blanket bans.

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What Are Blanket Bans?

A blanket ban is when a landlord refuses to rent to anyone with a felony—no matter the crime or how long ago it happened.

Instead, landlords should list the offenses that disqualify someone from renting. They also need to prove (if challenged by authorities) that a housing denial was necessary to protect the safety of others or their property.

Before you apply for a rental, always ask to see the landlord’s tenant acceptance criteria.

When Is It Illegal To Deny Housing To A Felon?

Even though landlords can deny housing to felons, there are some cases where it might cross the line into illegal discrimination.

Disparate Impact

HUD’s guidance on the Fair Housing Act includes protection against disparate impact discrimination. Disparate impact happens when a policy impacts one group of people more than others.

For instance, if a landlord refuses to rent to anyone with a felony, it could unfairly affect Black or Hispanic felons.

People from these groups are more likely to have criminal records—not because they commit more crimes than white people, but because of racial inequalities in the justice system.

Felons With Drug Addiction Disability

If you’re a felon with a documented history of substance addiction, you might have some protection under the Fair Housing Act if you were denied housing because of a drug conviction.

This is because addiction can count as a disability, and landlords can’t discriminate against people with disabilities.

As long as you’re not currently using illegal drugs and are in recovery, a housing denial could be seen as disability discrimination.

Examples of Discrimination Based on Criminal Records

• A landlord refuses to rent to someone because they went to prison for robbery or drug possession 30 years ago, even though they haven’t broken the law since

• A landlord denies any application where the renter checked “yes” to having a felony, without looking at the details

• A landlord denies someone with a criminal record because of past drug addiction, but they’ve since completed rehab and are in recovery

Cities With Stronger Protections For Felons

Some local laws offer extra protections for people with criminal records. Here are a few cities where landlords can’t automatically reject applicants with criminal backgrounds.

Seattle, Washington: Seattle’s Fair Chance Housing ordinance bans landlords from rejecting applicants due to criminal history (except for sex offenders required to register).

San Francisco, California: Under the Fair Chance Ordinance, affordable housing providers can only consider directly related convictions. They can’t consider convictions over 7 years old or those that resulted in a diversion or deferral program.

Newark, New Jersey: Under the Fair Chance in Housing Act, New Jersey landlords can only ask people applying for apartments about their criminal history after making a conditional housing offer. Restrictions on the types of convictions they can consider also apply.

Always check local laws to find out about protections in your city.

Denied Housing Due To Criminal Record? How To Respond

If you think you’ve been denied housing due to your criminal record and feel it’s unfair, especially if disparate impact or disability discrimination might be involved, here’s what you can do.

Private rentals – Talk to the leasing office or landlord

Start by talking to the landlord or property management. It might not change their mind, but it’s worth a try. Let them know you believe their policy violates the Fair Housing Act or local laws.

Public Housing Authorities – Follow the appeals process

PHAs must follow strict guidelines when screening and rejecting applicants. They can’t automatically deny everyone with a criminal record; they must look at the nature of the crime, how long ago it happened, and evidence of rehabilitation.

To appeal their decision, check your rejection notice to find out who to contact and what steps to take.

File a complaint with HUD or a local agency

If the landlord or PHA won’t reconsider, you can file a complaint with HUD or your local fair housing agency.

HUD investigates claims of discrimination and will step in if your rights have been violated. You can file a complaint directly on their website or contact a local tenant advocacy group for support.

Find out how to file a complaint: https://www.hud.gov/i_want_to/file_a_fair_housing_discrimination_complaint

Is It Worth Reporting Discrimination?

Raising concerns about discrimination can be hit or miss, especially with private landlords. Some landlords won’t reconsider, even if you point out potential legal issues.

But if you believe there’s clear evidence of disparate impact discrimination, disability discrimination, or a violation of a local housing ordinance, it’s worth reporting it to HUD or a local agency.

Appeals to Public Housing Authorities can have a higher chance of success because an independent board will look at the facts and make an impartial decision.

Keep in mind that appeals and complaints take time, and won’t result in an immediate improvement in your living situation.

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