Should You Always Say No to Former Felons Inquiring About Rental Options?

Criminals can be our friends, co-workers, and neighbors. In fact, one in three adults has a criminal record. These people face discrimination everywhere, including in the housing space.

Many landlords and supervisors are reluctant to extend housing opportunities to former felons. They rationalize that one conviction means they are likely to reconvict. They figure that the person will pose a threat to them.

However, that’s often not the case, and the Department of Housing and Urban Development knows that. They have made a number of policies for renting to felons that you need to know. Here is a quick guide.

The Fair Housing Act

The Fair Housing Act does not explicitly apply to convicted felons. However, you can violate the Act when your policies have any unjustified discriminatory effects. Since BIPOC (Black, Indigenous People of Color) are disproportionately convicted of criminal offenses, your denial of rent to felons may have a disparate effect on them.

As such, the Department of Housing and Urban Development has provided guidelines for renting to felons. To avoid a lawsuit, you should demonstrate several qualities.

Your policy should have no discriminatory effect. It should apply equally to BIPOC and Caucasians. Your policy should not reinforce segregated housing patterns.

Your policy should have a substantial and legitimate effect. Assertions that any individual with an arrest record poses a threat are not enough.

You should also take into account the nature of a person’s conviction, and you should consider the time that has passed. A person convicted of a non-violent offense years ago is not likely to commit another one.

There should be no alternative to your policy. Refusing opportunities to felons is the only option to ensure safe and equitable housing.

The Fair Housing Act does make an exemption for people convicted of drug manufacturing and/or distribution. You are not liable for excluding individuals who have been convicted of a specified drug crime.

Renting to People Who Have Been Arrested

The Department of Housing issued a policy in 2015 in which they stated that an arrest “is not evidence… that can support an adverse admission.” Many arrests do not result in criminal charges at all. They occur because of police suspicion that a further investigation clarifies.

You also cannot discriminate against someone with expunged or sealed offenses. The state has determined that the person’s conduct should not be public knowledge, probably because their offense wasn’t significant. This person likely poses no threat to you, so you should not deny them housing.

The same goes for people who went to trial but were acquitted. Going to trial is not enough to justify a denial of housing. They are innocent until proven guilty.

You can deny someone housing if their arrest record shows conduct that suggests they should not be a tenant. For instance, they may have resisted arrest. To make a denial, you must have evidence besides the record that shows they engaged in that conduct.

Discrimination Laws

There are many kinds of housing discrimination that are illegal under state and/or federal law. You cannot deny someone a housing opportunity because of their race, ethnicity, and religion. In some states and localities, you cannot deny someone housing because of their gender identity and sexual orientation.

Discrimination laws protect felons in a few cities. San Francisco, Seattle, and Chicago all prohibit landlords from asking tenants if they have a criminal record. You may not deny the tenants a housing opportunity, regardless of how severe the offense was.

Even if discrimination laws do not protect them, the potential tenant may bring a legal proceeding against you. They could file a complaint with a fair housing agency, requiring you to participate in mediation. They may even file a civil lawsuit against you if they have additional grounds.

Tips for Renting to Felons

You should run a background check on any potential tenant. You can examine arrest records but be broader than that. Inspect tax forms and references that your tenants provide.

If you notice that someone has a criminal record, do not dismiss them right away. Talk to them and ask them questions about what happened and how things are going.

Discuss their life with their references. Get a sense of how they work and interact with others. Do your best to be as respectful as possible.

The potential tenant might be participating in re-entry programs or non-profit organizations. Consider talking with someone who runs one of these programs.

If you decide not to extend an opportunity, tell the person why. Provide several reasons that have nothing to do with their record. Give them the names of other opportunities they can pursue.

If you decide to let them rent, treat them like any other tenant. Ask for payments on time and in full.

Do not disclose their criminal record to anyone else. They may discriminate against the new tenant.

Defend your decision if their record becomes public knowledge. Explain why you decided to let them rent and why you feel they pose no threat. Give them an opportunity to speak if they want to.

Can a Former Felon Rent a Property?

People who get out of jail need a job and housing. You should consider renting to felons, especially because discriminating against them can be against the law.

If you deny felons housing, you must meet a number of standards under the Fair Housing Act. You cannot deny housing to someone just because they have been arrested.

In a few cities, you cannot ask about their criminal history at all. Treat felons as you would any other applicants and tenants.

Turn to the experts on property management. Genuine Property Management is Orange County’s leading service. Contact us today.