HAA Blog
New HUD Guidance on using criminal history
Posted by Will Alfaro
on Thursday, April 7, 2016
On April 4, the U.S. Department
of Housing and Urban Development issued this guidance on the use of criminal records by housing
providers.
The guidance adds some clarity
to the "disparate impact" theory that a policy can violate the Fair
Housing Act, even if the intent of the policy is not discriminatory. The
guidance makes it clear you can't have a "we won't rent to anybody who's
ever been convicted of anything" policy, but that housing providers can
craft a policy that takes into account the nature and severity of a crime, and
how long it's been since it occurred.
HAA General Counsel Howard Bookstaff has
prepared this article on the guidance, and what apartment owners and
managers should do.