Kai Rivers
The question of whether landlords should rent to people with a felony record is a highly contested topic. While some argue that former felons should be given a chance to live normal lives and that recidivism rates decrease when they are not subjected to discrimination, others disagree with the relaxation of the no-felony-ever lease clause. In 2016, the US Department of Housing and Urban Development (HUD) released guidelines to ease this clause, citing a University of Minnesota study that found that if an individual does not commit another crime within seven years of release, their risk of reoffending is similar to that of someone who has never committed a crime. However, landlords retain the right to refuse rental applications based on criminal records, especially in cases of violent felony convictions or registered sex offenders.
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What You'll Learn
- Landlords can legally refuse to rent to felons in certain circumstances
- Landlords should consider the nature and severity of the crime
- Landlords should consider how long ago the crime was committed
- Landlords should consider the behaviour of the felon since their release
- Landlords should consider the safety of other tenants and the property
Landlords can legally refuse to rent to felons in certain circumstances
Landlords often want tenants with a clean record, who pay on time, and do not cause trouble. While some landlords are willing to give former felons a chance, others are opposed to renting to anyone with a criminal record. This has led to a debate about whether landlords should be allowed to refuse to rent to felons.
In 2016, the US Department of Housing and Urban Development (HUD) issued guidelines stating that blanket bans on renting to anyone with a criminal record could have a greater impact on Black or Hispanic applicants and thus violate the Fair Housing Act. The HUD guidelines also made the "no-felony-ever clause" obsolete, encouraging landlords to give a chance to former felons who haven't committed a crime in seven years.
However, landlords can still legally refuse to rent to felons in certain circumstances. For example, landlords can deny housing to individuals with convictions for the manufacture and/or distribution of illegal controlled substances without violating the Fair Housing Act. Additionally, landlords are not legally required to rent to felons if the nature and severity of the crime indicate that the person could pose a direct threat to the health and safety of other residents. For instance, landlords should avoid renting to registered sex offenders, as studies suggest they are difficult to reform.
Furthermore, landlords can refuse to rent to felons if the lease terms specifically restrict tenants based on criminal conviction history. Landlords can also implement screening policies that consider the type of offense committed and the time spent in society after imprisonment. While it is considered illegal discrimination to refuse rental applications based on religion, race, and family status, it is called legal discrimination when based on criminal records due to safety concerns.
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Landlords should consider the nature and severity of the crime
In 2016, the US Department of Housing and Urban Development (HUD) issued guidelines to ease the "no-felony-ever lease clause", stating that blanket bans on renting to anyone with a criminal history could have a greater impact on Black or Hispanic applicants and may violate the Fair Housing Act. According to HUD, landlords should consider the nature and severity of the crime and the time passed since the conviction to determine if the person poses a direct threat to the health and safety of other residents.
For example, landlords should be more cautious about renting to registered sex offenders. Studies suggest that lifetime sex offenders are difficult to reform, and a judge will determine their risk level after a court hearing. Similarly, landlords can legally deny housing to individuals with convictions for manufacturing and/or distributing illegal controlled substances without violating the Fair Housing Act.
However, for non-violent offenses, such as drug offenses or fraud/theft, the decision becomes more complex. Landlords must evaluate whether the criminal history is related to mental illness, drug abuse, or another disability that would be protected under laws like the Americans with Disabilities Act. Additionally, landlords should consider the time since the person's release from prison and their conduct during that period. If a former felon has not committed any crimes for seven years and has demonstrated positive strides in their life, they may be considered lower-risk tenants.
Ultimately, while landlords have the legal right to refuse rental applications based on felony records, they should carefully consider the nature and severity of the crime, follow HUD guidelines, and avoid blanket discrimination against former felons who pose no direct threat to the safety of other residents.
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Landlords should consider how long ago the crime was committed
HUD guidelines issued in 2016 state that landlords should not implement blanket bans on renting to felons, and instead consider each case individually. These guidelines are based on a University of Minnesota study which found that if an individual does not commit any crimes for seven years after being released from prison, their risk of reoffending is the same as someone who has never committed a crime. As such, landlords should consider the amount of time that has passed since the potential tenant was released from prison, and whether they have committed any crimes during that time.
However, landlords are not legally required to rent to felons, and can still refuse to rent to individuals with a felony record if they have concerns about the safety of their property and other residents. In particular, landlords should be cautious when considering renting to registered sex offenders, as studies suggest that they are difficult to reform and may pose a risk to other tenants. Additionally, landlords can legally deny housing to individuals with convictions for the manufacture and/or distribution of illegal controlled substances without violating the Fair Housing Act.
Ultimately, landlords should carefully evaluate each potential tenant's criminal history and consider the amount of time that has passed since their conviction when making rental decisions. While it is important to consider the safety of the property and other tenants, landlords should also be mindful of the potential discriminatory impact of blanket bans on renting to felons.
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Landlords should consider the behaviour of the felon since their release
Landlords should consider several factors when deciding whether to rent to a felon. While it is not illegal to refuse someone with a felony record, landlords must not implement blanket bans, as these may have a discriminatory effect on racial and ethnic minorities and violate the Fair Housing Act. The US Department of Housing and Urban Development (HUD) issued guidelines in 2016 to address this issue, stating that landlords should consider the nature and severity of the crime and the time since the individual's release.
The HUD guidelines recommend that landlords give a chance to former felons who haven't committed any crimes in the seven years since their release. This recommendation is based on a University of Minnesota study, which found that individuals who remain crime-free for seven years post-release pose the same risk as someone who has never committed a crime. Landlords can set a longer crime-free period, but they must provide evidence to support their criteria.
When considering renting to a felon, landlords can assess the individual's behaviour since their release. This includes evaluating their conduct in society, such as their integration and contributions to the community. Landlords can also request proper documentation and references that attest to the individual's positive character and their efforts to move forward with their life. Additionally, landlords can screen applicants based on the type of offence committed and their behaviour while serving their sentence.
While landlords have the discretion to refuse rental applications based on felony records, they should be cautious not to discriminate unlawfully. It is illegal to refuse rent based on factors such as religion, race, and family status. However, landlords can legally deny housing to individuals with certain types of convictions, such as violent felony convictions or the manufacture and distribution of illegal controlled substances. Ultimately, landlords should strive to balance their concerns for the safety and comfort of their tenants with providing former felons an opportunity for better housing and reintegration into society.
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Landlords should consider the safety of other tenants and the property
Landlords should be aware of their responsibilities when it comes to tenant safety and the security of their property. While landlords want reliable tenants who pay on time and respect the property, they must also be mindful of discrimination laws. In the US, it is illegal to refuse to rent to someone based on religion, race, and family status. However, refusing a rental application based on a criminal record is not illegal, as landlords are considering the safety of their property and other tenants.
The US Department of Housing and Urban Development (HUD) issued guidelines in 2016 to address the "'no-felony-ever' lease clause". These guidelines state that landlords should consider renting to former felons who haven't committed any crimes in the seven years since their release. This is based on a University of Minnesota study, which found that if a person does not commit another crime within seven years of being released from prison, their risk of reoffending is the same as someone who has never committed a crime.
Landlords can still refuse to rent to felons, but they must be consistent and non-discriminatory in their criteria. They can consider the type of offence committed and the time spent in society since imprisonment. For example, landlords should avoid renting to registered sex offenders, as studies show they are difficult to reform. Additionally, landlords can legally deny housing to individuals with convictions for manufacturing or distributing illegal controlled substances without violating the Fair Housing Act.
When considering renting to a felon, landlords can request proper documentation that showcases the applicant's positive character and their efforts to reintegrate into society. This may include letters or references from friends, family, employers, or community service organisations. By considering both the safety of other tenants and the property, as well as the individual's current circumstances and character, landlords can make informed decisions that comply with relevant guidelines and laws.
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Frequently asked questions
No, landlords do not have to rent to a felon. However, refusing to rent to someone with a criminal record may be considered discrimination if the policy has a discriminatory effect on members of protected classes.
The HUD guidelines of 2016 state that landlords should not enforce blanket bans on renting to felons. Landlords should consider the nature and severity of the crime and the time passed to determine if the person would pose a direct threat to the health and safety of other residents.
It is challenging but doable. A study shows that 44% of landlords will not overlook a criminal history. However, 28% of SmartMove applicants had a criminal record, so it is possible to find a rental with a felony record.
Start your search with apartment buildings that don't do background checks or look for privately owned apartments. You can also connect with a trusted real estate agent who is knowledgeable about renting to felons. Bring proper documentation that denotes your good character, such as letters of reference from friends, family, or employers.
It depends on the landlord's policies and local laws. If there are no prohibitions in the lease or HOA documents, there are usually no laws prohibiting felons from being added to a lease.
